Senate the Senate Met at 9:30 A.M

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, WEDNESDAY, NOVEMBER 18, 2009 No. 171 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform record will never be broken. Of course, called to order by the Honorable TOM the duties of the Chair. they were wrong. UDALL, a Senator from the State of ROBERT C. BYRD, Throughout history, forecasters have New Mexico. President pro tempore. sentenced themselves to ridicule for Mr. UDALL of New Mexico thereupon prematurely assuming a skyscraper’s PRAYER assumed the chair as Acting President height would never be topped, for The Chaplain, Dr. Barry C. Black, of- pro tempore. promising an invention’s ingenuity fered the following prayer: f would never be outdone, or for con- tending an athletic feat would never be Let us pray. RECOGNITION OF THE MAJORITY surpassed. Eternal God, the Lord of life, we love LEADER You but not enough. We look to You Even so, I am willing to risk pre- but depend too often on our own The ACTING PRESIDENT pro tem- dicting that many of Senator ROBERT strength. We listen for You but make a pore. The majority leader is recog- BYRD’s records will never be matched. lot of noise ourselves at the same time. nized. Since coming to the Senate in 1959, We try to understand, as long as it f Senator BYRD has cast more than 18,500 votes. No one else, past or present, doesn’t change us more than we desire. SCHEDULE Today, draw our Senators closer to even comes close. He is the only Sen- You. Empower our lawmakers to be- Mr. REID. Mr. President, following ator who has ever been elected to nine come what You desire them to be. Give leader remarks, the Senate will be in a full terms in this body. He has presided them Your continual guidance so that period of morning business. Senator over both the shortest session in Sen- they will console the downhearted and ROCKEFELLER will then be recognized ate history—not even one second provide deliverance to those held cap- for as much time as he may consume. long—and presided for the longest con- tive by evil. Help our lawmakers to Following his remarks, there will be an tinuous period—more than 21 hours. No hear Your invitation to move to a additional 2 hours of morning business. one has ever served on a Senate Com- higher level of ethical fitness. The majority will control the first mittee longer than Senator BYRD. Just We pray in Your strong Name. Amen. hour and the Republicans will control days after being sworn in, he joined the the next hour. Appropriation Committee he would f Following morning business, the Sen- later chair. He has held the most lead- PLEDGE OF ALLEGIANCE ate will resume postcloture debate on ership positions in Senate history, and the nomination of David Hamilton to continues to serve as our President Pro The Honorable TOM UDALL led the be U.S. circuit judge for the Seventh Tempore. Pledge of Allegiance, as follows: Circuit. And just moments ago, when this I pledge allegiance to the Flag of the The postcloture debate time expires body was gaveled into session, Senator United States of America, and to the Repub- about 11 p.m. tonight. It is my hope lic for which it stands, one nation under God, BYRD realized one more unparalleled indivisible, with liberty and justice for all. that time will not be necessary because accomplishment: he has just become it is basically wasted Senate time. the longest-serving Member of Con- f Yesterday, we were able to reach an gress in U.S. history. APPOINTMENT OF ACTING agreement to consider S. 1963, the Every day since January 3, 1953—that PRESIDENT PRO TEMPORE Caregivers and Veterans Omnibus is 56 years, 10 months and 16 days— Health Services Act of 2009 upon dis- West Virginians have been proud to be The PRESIDING OFFICER. The position of the Hamilton nomination. presented in Washington, by ROBERT clerk will please read a communication Senators should expect votes in rela- BYRD. to the Senate from the President pro tion to the Coburn amendment and He began his service in the House the tempore (Mr. BYRD). passage of the bill. same day Alaska became our 49th The legislative clerk read the fol- State, and was months into his Senate lowing letter: f service when Hawaii became our 50th. U.S. SENATE, CONGRATULATING SENATOR Senator BYRD has served in this Na- PRESIDENT PRO TEMPORE, ROBERT BYRD tion’s Congress for more than a quarter Washington, DC, November 18, 2009. To the Senate: Mr. REID. Mr. President, when base- of the time it has existed. And he has Under the provisions of rule I, paragraph 3, ball legend Lou Gehrig retired after served in Congress longer than more of the Standing Rules of the Senate, I hereby playing 2,130 consecutive games, every than a quarter of today’s sitting Sen- appoint the Honorable TOM UDALL, a Senator expert drew the same conclusion: this ators—and the President of the United

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

S11441

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11442 CONGRESSIONAL RECORD — SENATE November 18, 2009 States—have been alive. That doesn’t ator BYRD started delivering a series of and triumphs. But he has run the race even count one Senator who was born lectures that ultimately became the as if to win. He is still at it and we are just days after his first election to rep- book that all of us are familiar with grateful for his astonishing record of resent West Virginia’s Sixth Congres- and which all of us admire. And the service to the people of West Virginia, sional District, and a second who was story of how those lectures came about to the United States Senate, and to the born just weeks after that. says a lot about the man who has now Nation he loves. A dozen men have called the Oval Of- served in Congress longer than any In achieving this latest milestone, fice his own while Senator BYRD has other man or woman in the history of Senator BYRD surpasses a former col- called the Capitol building his office. our country. league of his—Carl Hayden, another He twice won every single one of The story goes that it was a quiet legendary figure who served the people West Virginia’s 55 counties. And Friday morning here in the Senate and of Arizona in the Senate for 42 years. throughout one of the longest political Senator BYRD, as the majority leader, Carl Hayden was known to many as the careers in history, no one ever has de- went down to the floor without plan- ‘‘Silent Senator.’’ That probably isn’t a feated ROBERT BYRD in a single elec- ning to say much of anything at all, phrase many would use to describe tion. except that there wouldn’t be any Senator BYRD. But what they both But though each one of those cam- votes that day. But then he looked up share is an undying love of this great paigns—after each of the 12 times he to the gallery, and he saw one of his country of ours and of the U.S. Con- has taken an oath to represent the peo- granddaughters up there with some of gress. So I would like to join my col- ple of West Virginia—on every single her classmates, and he thought it leagues, my fellow Americans, the peo- one of the 20,774 days he has served—he might be a good idea if they had some- ple of West Virginia, and the Byrd fam- has never taken the privilege for grant- thing to talk about when they got back ily in celebrating this historic occa- ed. to school. sion. Senator BYRD, congratulations. As a former leader of both the major- So, quite extemporaneously and f ity and the minority caucuses in the quite by happenstance, he delivered a GUANTANAMO Senate, he knows better than most speech to an empty Chamber on the Mr. MCCONNELL. Mr. President, this that legislation is the art of com- history of the Senate. A week went by, morning, the Attorney General will ap- promise. It is telling that the man who and the same thing happened again. pear before the Senate Judiciary Com- has served here longer than any other Senator BYRD came to the floor to mittee for an oversight hearing. American has come to the conclusion make some brief statement about the Among other matters, he will be asked that we must work together as part- floor business. He looked up to the gal- questions about the Administration’s ners, not partisans, for the good of our lery, and he saw another one of his recent decision to voluntarily bring country—and, of course, the State of granddaughters. Of course he couldn’t terrorist detainees from Guantanamo West Virginia. give a history lesson to one and not to Bay, Cuba, into the United States, in- He has seen partisanship and biparti- another. So he gave another history cluding for purposes of civilian trial. sanship; war and peace; recession and lesson. I, myself, have questions for the At- Well, 7 years and about 2 million recovery; and his perspective is invalu- torney General. able to the way we carry ourselves as words later, he stopped giving those The administration justifies sending U.S. Senators. history lessons. And now we will al- Kahlid Sheik Mohammed and his fel- Senator BYRD’s legislative accom- ways have them. And we are grateful low 9/11 plotters to civilian court, while plishments are many, and he continues for that, and for this man. ROBERT prosecuting other foreign terrorists in to accumulate them. And while those BYRD once said that what is sometimes military commissions because, it says, accomplishments fortify his incom- considered to be the result of genius is the former targeted civilians on Amer- parable legacy, he is perhaps best more the result of persistence, perse- ican soil, while the latter attacked known in this Chamber as the foremost verance, and hard work. To be a good military targets overseas, like the war- guardian of the Senate’s complex rules, Senator, he said, one has to work at it. ship USS Cole. I find this a truly trou- procedures and customs. And now, longer than anyone else in bling distinction. He has not concerned himself with our history, he has lived by those First, is that rationale not internally such precision as a pastime or a mere words. inconsistent and, frankly, disingen- hobby. He has done so because of the Today, ROBERT CARLYLE BYRD sets a uous? Everyone knows the Pentagon is unyielding respect he has for the Sen- record that has been more than 56 a military target. Indeed, it is our Na- ate. And on this momentous occasion, I years in the making. The records just tion’s foremost military command and say to my friend that the Senate re- keep adding up. Three years ago, he be- control installation. What does it say turns that unyielding respect to him. came the longest serving Senator in to the military families of those serv- By virtue of his longevity, ROBERT our Nation’s history. A few month ice men and women who were killed BYRD has known and worked with after that, he became the only person that day to ignore that Kahlid Sheik many of the greats of the United ever elected to nine full terms in the Mohammed attacked a military target States Senate. By virtue of his integ- Senate. He has now served in the U.S. on 9/11? rity, he has long since established him- Congress for 20,774 days. Second, under this rationale, is the self among the greats. He has cast 18,500 votes in the well of administration not telling terrorists There will never be another Senator this Chamber. He is the longest serving that if they target defenseless U.S. ci- like Senator BYRD, and today’s mile- member of the Senate Appropriations vilians on our own soil they will get stone is another record that will never Committee. He has presided over the the rights and privileges of American be broken. Senate’s shortest session and its long- citizens, whereas if they attack a mili- Congratulations, ROBERT C. BYRD, an est continuous session. He is the only tary target, like the USS Cole, which orphan who changed history. sitting Member of Congress to receive can defend itself, they will not get f a law degree, a degree that was pre- these rights and privileges? Does that sented to him by President John F. approach not reward terrorists with RECOGNITION OF THE MINORITY Kennedy, just one of 12 Presidents that benefits—like potentially providing LEADER. Senator BYRD has served alongside dur- them access to sensitive information, The ACTING PRESIDENT pro tem- ing his distinguished career. and providing them a platform for pore. The Republican leader is recog- Senator BYRD will tell you that he propagandizing—for attacking civilians nized. has been anchored over the years by here in the U.S., rather than military f the values he learned at the feet of his targets abroad? foster parents, by the support and love In short, I think the administration CONGRATULATING SENATOR of his beloved Erma, whom we were all has made an ill-advised decision by ROBERT BYRD sad to lose, by the U.S. Constitution, bringing foreign terrorists from Guan- Mr. MCCONNELL. Mr. President, it and by his faith in God. In a long life, tanamo Bay into the United States. has been nearly 30 years now since Sen- he has known his share of hardships There are a lot of well-known

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11443 downsides and dangers from doing so. I from these FSAs wiped out, right here CONGRATULATING SENATOR have not heard of any benefit to us of on page 332 of this 2,000-page bill. ROBERT C. BYRD bringing these terrorists here. What does all this mean to small Mr. ROCKEFELLER. Mr. President, I In his testimony before the Judiciary business? David Boland is the manager could not be prouder to rise today to Committee today, the Attorney Gen- at Boland Maloney Lumber, Louisville. congratulate a public servant without eral has the opportunity to explain the He wrote to my office to say what it any peer at all, that being Senator administration’s decision—something means: ROBERT C. BYRD of West Virginia. On he has yet to do before the Senate. Health care reform that does nothing to this actually very momentous day, No- f control costs— vember 18, 2009, my dear friend and col- HEALTH CARE REFORM And we already know from CBO and league becomes the longest serving from the actuaries that the Health and Member of Congress in the history of Mr. MCCONNELL. Mr. President, at a Human Services bill does not control this Nation. On Friday, he will also cel- time when unemployment is at a 25- costs— ebrate a warm and joyous birthday. year high and with a Federal deficit Senator BYRD passes the incredible breaking the $12 trillion mark, the but merely increases the burden on small businesses through mandates and tax hikes Carl Hayden of Arizona who served House of Representatives passed a is a dangerous and risky proposition that honorably in the House and then the health care bill that raises taxes more will imperil my company and our national Senate for 56 years, 319 days. We come than $700 billion. This is the House- recovery. together today as an institution to rec- passed health care bill on this desk. I Don’t take it from me; listen to ognize that no Senator in history has expect the Senate version, which may David Boland. He gets it. He knows cast more votes or has been elected by be produced today, will be of similar that slashing Medicare, increasing pre- his colleagues to more leadership posi- size. miums, and raising taxes in a recession tions than ROBERT C. BYRD, no one Who gets taxed under the House- is not reform. else—a sign of the enormous warmth passed bill? Let’s take a look. It was actually a front-page story in and tremendous respect and the unwav- At the top of the list is small busi- the Washington Post this morning, a ering admiration we all share for Sen- ness. A small business surtax in the company in Louisville that kind of un- ator ROBERT C. BYRD. bill takes $150 billion out of our job derscores what I am talking about. The I am lucky every day to call Senator creators. That is on page 344 of this front-page story in today’s Washington BYRD my friend, as I have been able to massive 2,000-page House bill. We all Post describes the ongoing struggles of work with him in the Senate for the know small businesses are the biggest a small manufacturer in my hometown last 25 years and for the preceding 8 job generators in the country. They of Louisville who is fighting to save years when I was a Governor. But most employ well over half of those who jobs. This business owner wants to be importantly and most powerfully, Sen- have employment in our country. more productive so he can hold onto ator BYRD always makes me so very Second, we have an employer tax. his workers. But all of these crushing proud to be a West Virginian. The employer tax raises $135 billion in taxes, many of which would apply to At our State capitol in Charleston, taxes through a new mandate on em- his company, are simply not going to they are honoring Senator BYRD with a ployers. That is on page 281 of this be helpful. special celebration today. The same is massive 2,000-page bill. The NFIB, the Finally, yesterday I spoke about happening in small towns, cities and National Federation of Independent Medicare cuts, the massive Medicare communities all across our State. My Business, which represents small busi- cuts in this bill we are shortly going to fellow West Virginians are giving ness, estimates that mandate would be considering. It is important to re- thanks for Senator BYRD’s voice and cost about 1.6 million jobs. That is a 1.6 member that Senate Democrats re- for his vision. We are grateful for his million job-killing tax at a time when cently tried to pass a so-called doc fix strength and his rock-solid principle, the national unemployment rate is 10.2 that would have forced seniors to pay which over the years has come to de- percent. higher premiums on top of $1⁄2 trillion fine West Virginia as surely as our end- Insured Americans, item No. 4 on they want to cut from Medicare. Fortu- less hills and beautiful streams. this chart—let’s look at the tax on innately, this bill was rejected by a wide The people of my State love and re- sured Americans. Billions of new taxes bipartisan majority. While we all think spect Senator ROBERT C. BYRD, in part to pay for comparative effectiveness this problem needs to be addressed, because so many share his very power- research rationing in this 2,000-page this is not the way to do it. I am con- ful story. So many have battled bill. That is on page 1179, a tax on fident that should a similar bill pass against the odds and continue to fight those who are insured. the House later this week, we will re- every day to try to make a better life Then we have attacks on those who ject it again on a bipartisan basis. for themselves and for their commu- are uninsured, item 3 on the chart. I yield the floor. nity. They are proud of their State, They get taxed as well, a 2.5-percent in- even knowing their State is not known come tax on the uninsured. That is on f by many, but they take pride in their page 303 of this roughly 2,000-page bill. unity. Medical devices, upon which those RESERVATION OF LEADER TIME Senator BYRD learned early in life who are sick depend heavily, will also The ACTING PRESIDENT pro tem- what it meant to be loyal, have a be taxed. People needing lifesaving pore. Under the previous order, the strong work ethic, and possess an medical devices will also receive a tax leadership time is reserved. untiring faith in God. And it was these increase, on page 347 of this massive values these innately West Virginia 2,000-page bill. There will be a $20 bil- f values that guided his every action, lion tax on medical devices. Of course, and made him such a strong fighter for that will be passed straight on to the MORNING BUSINESS our State. Even in the hardest, young- consumers. So that will, in effect, be a The ACTING PRESIDENT pro tem- est days of his life, Senator ROBERT C. tax on those Americans who are sick pore. Under the previous order, there BYRD never grew discouraged. It was and who need medical devices. will be a period of morning business, not his nature. Growing up, he faced There is also a tax on the chronically with the Senator from West Virginia enormous challenges, but he had some- ill. On page 332 of this 2,000-page effort recognized to speak first and the next thing called an iron will and he had a to restructure the American health hour under the control of the majority sense of purpose. care system, we find flexible spending leader or his designee and the next Now years later, we can sum up that accounts would be capped at $2,500 and hour under the control of the Repub- purpose with the phrase ‘‘fighting for phased out over time. How does that lican leader or his designee, with Sen- West Virginia.’’ It has always rung affect the chronically ill? As a result, ators, after Senator ROCKEFELLER, per- true, whether it is his 50th birthday or, tens of millions of families, many of mitted to speak for up to 10 minutes. in fact, his 92nd birthday. Whether he whom are managing chronic illnesses, The Senator from West Virginia is was a freshman in the House or the will see billions in tax-saving benefits recognized. Senate’s longest serving Member, it

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11444 CONGRESSIONAL RECORD — SENATE November 18, 2009 has never changed with ROBERT C. health care reform to help small busi- amount the company covers to help BYRD. His fight for West Virginia is nesses. Senator LANDRIEU is leading pay for those premiums. fundamental to his world, which is this effort, and she is going to be co- I have also heard from people such as West Virginia’s world. It is in his ordinating the speakers this morning. Chick Colony who is a small business blood. It is a sacred cause. Mr. President, before I begin, I want owner in Harrisville, NH. He has a won- It is not just the building of roads, to thank Senator ROCKEFELLER for his derful weaving company that has been that which is so often associated with eloquent comments about Senator in Harrisville for generations. He e- Senator BYRD—and to be sure, those BYRD. My family lived in West Virginia mailed me, saying: roads have transformed our State and for about 30 years and truly appre- The cost of health insurance is the biggest connected us with other parts of the ciated the difference Senator BYRD problem that our small . . . business faces. Nation and to each other—but so much made for the State, and I am very hon- They have 24 employees. He went on more. When you pick up a local news- ored to be able to serve with him, even to say: paper, always some institution, some for a very brief time. So I say to Sen- The present system is expensive, ineffi- college, some volunteer fire depart- ator ROCKEFELLER, thank you very cient and broken. I can’t tell you how the 20 ment, some research institute at a uni- much for those comments. to 35 percent annual rate increases depress versity or college has been helped by us all and there is no end in sight. Over the f past five years, most of our employees have Senator BYRD. It is his job, but it is HEALTH CARE REFORM had to drop coverage because they simply also his very special honor at which he can’t afford to pay their share of the pre- excels because of his love for West Vir- Mrs. SHAHEEN. Mr. President, as mium. I really believe that the time has ginia. the former owner and manager of a come to put the existing system out of its Ultimately, it is work: it is simply small retail business, I know very per- misery. hard work, and ROBERT BYRD never sonally what it is like to worry about Certainly we hope we can do that. shied away from it for the people of meeting the payroll, about whether I have also heard from Kevin West Virginia, for the Constitution you can pay for the inventory to keep Boyarsky, who is an owner of a small and, yes for this institution, the Sen- your business going, about complying printing company in Concord. He told ate and its special place in our govern- with the myriad of regulations you me: ment and our Nation. have to comply with. Health insurance premiums have gone up This week, I think of the many birth- As a former Governor, I certainly un- 30 percent last year and 22 percent the year days past that he has shared with derstand it is business and not govern- before. It’s now a very big item in our com- many of us and with his precious wife ment that creates jobs and drives new pany’s budget. We want to grow and be competitive, but the high costs make it hard. Erma, his partner in everything, who ideas and innovation. But I also know that government has a vital role to From a small business perspective, I can’t gave him the great strength and great attract employees without good coverage, faith to reach great heights. It was a play in addressing the challenges busi- but if I hire you now, I’ll only be able to little sad to me—and I think to all of nesses and small businesses face, espe- offer you 50 percent of the individual plan. us who know him—the cost to him of cially in these very difficult economic It’s all I can afford and it isn’t very attrac- her death. He changed just a little bit times. One of those challenges small tive to employees. in ways that are hard to explain but businesses are struggling with is the Small businesses in New Hampshire ways which are very deep within his high cost of health care. and across the country are burdened by soul because he loved and depended on In New Hampshire, between 2002 and high premiums for health insurance. In her so much. And I know that as we 2006, small businesses paid 42 percent fact, statistics show us that small busi- mark this tremendous milestone today, more in premiums for health insurance nesses pay, on average, 18 percent more she is with us with great joy in her for their employees; and for our small- than large plans for the same insurance heart. est businesses, those with fewer than 10 policy. And for small businesses that Please allow me to take this special employees, the increase was almost do not offer their employees health in- moment to thank my beloved friend double that—a 71-percent increase in surance, they cite the high cost of pre- and congratulate him on this profound the cost of premiums. miums as the reason why. day in the whole history of the Senate, So what does that mean for the small We need comprehensive health re- which truly sets him apart from all the businesses and their employees who form to help these small businesses. rest. I am delighted to celebrate such want health care? It means small busi- The small business owners I have spo- an incredible milestone. nesses have to make the tough decision ken with want to offer insurance to I wish him a wonderful birthday, to either drop coverage for their work- their employees, both because they be- many years of service, and all the hap- ers or to increase the employee con- lieve it is not only the right thing to piness in the world. But most of all, I tributions, often to the point where do, but it is critical to being competi- thank him for what matters the most their workers cannot afford coverage. tive, to recruiting and retaining good to me, and that is his profound service Everywhere I go in New Hampshire, I employees. But as they so often tell to the people of the State of West Vir- hear from small business owners who me, the high cost of insurance stands ginia. tell me about these tough decisions in their way. For more than half a century, West they face. I heard this concern from Health reform is critical to these Virginia has had in ROBERT C. BYRD a Adria Bagshaw who testified this sum- folks. We can help them by passing great man leading us in our greatest mer at a Small Business Committee comprehensive insurance reforms that battles. And for that, we are truly field hearing Senator SNOWE and I did rein in health care premiums, so it sta- blessed. in Portsmouth, NH. Adria and her hus- bilizes costs, and provide tax credits to I yield the floor and suggest the ab- band Aaron own the W.H. Bagshaw small businesses to help them afford sence of a quorum. Company, a fifth-generation family the cost of health insurance. I believe The ACTING PRESIDENT pro tem- manufacturing company in Nashua, we must take these measures to help pore. The clerk will call the roll. NH. They offer health insurance to level the playing field for small busi- The assistant legislative clerk pro- their 18 employees and cover a portion nesses and to make insurance pre- ceeded to call the roll. of the monthly premium for them. But miums more affordable. Mrs. SHAHEEN. Mr. President, I ask with those premiums at $1,100 per Small businesses are the backbone of unanimous consent that the order for month per family, they spent more on our economy. That is where most of the quorum call be rescinded. health insurance for the first half of the jobs in this country are created. We The ACTING PRESIDENT pro tem- this year than they spent on the raw have to control health care costs to re- pore. Without objection, it is so or- materials they need to make their lieve the financial burden, so that so dered. products at their manufacturing com- many of these small businesses in New Mrs. SHAHEEN. Mr. President, I rise pany. Understandably, Adria worries Hampshire and across the country no this morning, along with a group of my they are going to need to cut back on longer have to face the choice of colleagues who will be here, to talk the quality of health insurance plans whether they can keep health insur- about the importance of addressing they offer their employees or the ance or hire employees.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11445 I urge all of my colleagues to work ‘‘Let us then be up and doing, Washington. The administration at the together so we can pass comprehensive With a heart for any fate; time had a hard time grasping the health reform legislation. We need to Still achieving, still pursuing, scope of the disaster. But there was one pass it, and we need to pass it soon. Learn to labor and to wait.’’ person who understood. There were Mr. President, I yield the floor. Throughout his brilliant career, Sen- several others, but one in particular The ACTING PRESIDENT pro tem- ator BYRD has made so many footprints understood—amazingly, without even pore. The Senator from Massachusetts on the sands of time. He has touched, having gone down there, which was is recognized. taught, and inspired hundreds of col- very hard to understand if you didn’t leagues from every State and thou- go to New Orleans or south Louisiana. f sands upon thousands of Senate staff But he instinctively understood be- CONGRATULATING SENATOR members have marveled at his genius, cause of his compassion and great em- ROBERT C. BYRD his dedication to the people of West pathy that has been developed over a Mr. KIRK. Mr. President, as the 100th Virginia, and his unparalleled service lifetime of caring, giving, under- Member of the Senate, it is my great to the Senate and to this country. standing, and listening. honor to pay tribute to this body’s I join all my colleagues in wishing Senator BYRD heard the cries of the people and he responded. Because of his longest serving Member, Senator ROB- him well on this special day in the his- leadership on the Appropriations Com- ERT C. BYRD of West Virginia, on the tory of the Senate, and I congratulate mittee, despite having so much stacked occasion of his record-setting 20,774th him on his incredible service to the against us, he was able to step up. I day as a Member of Congress. State of West Virginia, to the Senate will never forget and the people of our I have the fondest memories, as a of the United States, and to the United State will never forget the friend we young staffer here, of listening to the States of America. have had in Senator BYRD. He con- sounds of Senator BYRD’s fiddle waft- We thank you, Senator BYRD, for tinues, to this day, to watch after our ing from his suite on the first floor of your service, and we congratulate you. recovery and support it. When New Or- the Russell Senate Office Building. And Mr. President, I yield the floor. leans makes its 300th anniversary, I am proud today, as I do most days, to The ACTING PRESIDENT pro tem- which will be 2018—our city will be 300 wear a wristwatch which was given to pore. The Senator from Virginia is recognized. years old—there will be a person who me, generously, by Senator BYRD over needs to be thanked on that day for 20 years ago as I was completing my Mr. WARNER. Mr. President, let me commend my colleague, the Senator helping the city to reach its 300th tenure as chairman of the Democratic birthday, and that would be the great Party of the United States. from Massachusetts, for his comments about Senator BYRD. I also want to join Senator from West Virginia ROBERT C. I pay tribute to Senator BYRD on be- in recognizing and celebrating Senator BYRD. half of myself and the people of the Mr. REED. Mr. President, today I Commonwealth of Massachusetts, but I BYRD’s service to West Virginia and to our country. As a new Member to this have the great privilege of rising to also pay tribute on behalf of my prede- pay tribute to my chairman, the long- cessor and a great friend of Senator body, I did not have the occasion to work as closely with Senator BYRD as est serving Senator in the history of BYRD’s, former Senator Edward M. this country, the senior Senator from Kennedy of Massachusetts. others. However, as a resident of the Commonwealth of Virginia, not only West Virginia, ROBERT C. BYRD. It is true that Senator Kennedy and He has reached a milestone among did I follow the enormous respect Sen- Senator BYRD did not always see eye to many in his career. It is an extraor- ator BYRD has engendered here in the eye on every issue. Senator Kennedy dinary record of service and dedication Senate, but I have also watched with used to joke that it was Senator BYRD and patriotism to the country, and it awe Senator BYRD’s ability to bring who taught him how to count votes in reflects the values of the people of jobs back to West Virginia. He was able their whip race in 1971. Actually, he West Virginia and of this great Nation. to relocate many Federal agencies and taught us both how to count votes be- Senator BYRD’s extraordinary service activities, oftentimes that may have cause I was a young aide to Senator is measured not just in length but ac- Kennedy in his whip’s office at the previously resided in Virginia, to the complishments, but the length is im- time and it turned out that Senator State of West Virginia. pressive, indeed. He has 20,744 days of I join my colleagues in commending BYRD clearly could count votes more service as a Member of Congress—over Senator BYRD, not only for his enor- accurately than we could. 56 years, 101⁄2 months. Over that time, mous service to this body and to our Over the years since, Senator Ken- Senator BYRD has cast over 18,500 roll- nedy was always proud to be in this country, but as someone who has been call votes, witnessed the inauguration a tireless advocate for his home State Chamber when his friend Senator BYRD of 11 Presidents, and he has been suc- would speak. As Senator Kennedy once of West Virginia. cessful in 15 out of 15 elections. Ms. LANDRIEU. Mr. President, I join said, he knew Senator BYRD was an ex- For over 60 years, Senator BYRD has pert on the Roman Senate, and he was my colleagues in commenting on and represented the people of West Virginia thanking Senator BYRD for his extraor- sure Senator BYRD’s ‘‘wisdom and ora- tirelessly, with a great deal of energy torical skill would make even Cicero dinary leadership, not just for the peo- and a great deal of success. He started envious.’’ ple of West Virginia but the people of in the West Virginia House of Dele- our Nation—in fact, to millions of peo- Senator BYRD and Senator Kennedy gates and then was elected to the West shared a love of the Senate, and they ple around the world—because of the Virginia State Senate. Then he went to shared a love of poetry. One poem they policies he has driven here, the speech- the U.S. House of Representatives. Fi- returned to over the years was entitled es, the words he has put behind so nally, he came here to the U.S. Senate, ‘‘A Psalm of Life’’ by Henry Wadsworth many of the most remarkable policy where he is currently serving in an un- decisions over the last half century. Longfellow. Senator BYRD, of course, precedented ninth full term. knows this poem by heart, and so I His work has had enormous impact, I think Senator BYRD’s success is a need not read it all today. Instead, let again, not just in his State and in our reflection of his steady progress, learn- me recite the last few stanzas to the Nation but worldwide. ing first about the people of his home I am speaking also as a Senator from Senate and for the RECORD, as these State as he worked among them, know- words sum up the force that is Senator Louisiana to give firsthand witness to ing them well because they were his his sensitive and timely and extraor- BYRD: friends and neighbors; and then going dinary leadership after the Katrina and on into local government and dealing ‘‘Lives of great men all remind us Rita disasters, now almost 41⁄2 years We can make our lives sublime with the concerns as a State represent- And, departing, leave behind us ago; it will be 5 years this August. That ative and then as a State senator; and Footprints on the sands of time; is hard to believe. The hurricanes and then coming to the House of Represent- ‘‘Footprints that perhaps another the subsequent levee failures dev- atives, understanding the operation of Sailing o’er life’s solemn main, astated one of the great cities in Amer- the House and how he could help the A forlorn and shipwrecked brother ica and one of the great regions. There people of West Virginia; and finally, he Seeing, shall take heart again were very few people who stood up in coming here to the U.S. Senate.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11446 CONGRESSIONAL RECORD — SENATE November 18, 2009 What is incredibly impressive about children, and great-grandchildren. He by the effects of the recession. Small Senator BYRD is that he is not only the will reflect upon a life well lived in businesses are struggling as they try to longest serving Senator in the history service to his country. But more im- keep their doors open, with the enor- of this country, he is the most knowl- portant, he will look ahead to the work mous constriction of credit that is tak- edgeable Senator with respect to the he will do as he finishes this term and ing place. Small businesses are strug- history of our body. He is the author— prepares for his next election to rep- gling to have the finances to expand; he literally wrote the book on the U.S. resent the people of West Virginia. even healthy small businesses, as we Congress and the Senate, among so Mr. ALEXANDER. Mr. President, I have seen. Banks continue to draw many others that he has written. This would like to acknowledge the service back in capital and try to build up reflects his incredible talent and intel- of Senator BYRD, the senior Member of their own balance sheets. The people lect but also his incredible hard work the Senate who, today, will become the who have taken the hardest hit by the and tenacity, and it reflects the range longest serving Member of the U.S. restriction on capital and the restric- of experience he has had. Congress ever in our Nation’s history. tion on lending have been small busi- No one knows this body better than When I first came to this body as a nesses across this country. ROBERT BYRD. No one has served it young aide to Senator Howard Baker 42 So we have the enormous challenges longer. Nobody has served it with the years ago, Senator BYRD had already small businesses have felt by the reces- same kind of energy, insight, and dedi- been here as a Senator for 10 years. He sion that has been exacerbated by the cation. It has been reflected in West had been in the Congress 6 more years constriction of lending, and then we Virginia, across the Nation, and across than that. add on top of that the enormous chal- the globe. For example, in 1947, shortly I remember when he, Senator Baker, lenges that small businesses face in the before Senator BYRD first came to was elected majority leader and Sen- health care market. The only people Washington D.C. as a U.S. Congress- ator BYRD was the Democratic leader, who pay retail—who pay full price for man, there were only four miles of di- Baker went to BYRD and said: BOB, I their health care benefits in America vided four-lane highway, in West Vir- have a proposal for you. I will never today—are small businesses and those ginia. Today, as a result of Senator learn the rules as well as you know who purchase health care on the indi- BYRD’s work, the expansive Appa- them, so I won’t surprise you if you vidual-based market. There is no group lachian Development Highway System won’t surprise me. that will more benefit, or have more to is nearing completion. He understood, Senator BYRD said to Senator Baker: gain from meaningful health care re- as we must today, that economic devel- Howard, let me think about it. form, than small businesses. opment is not only a fundamental So he thought about it overnight, Small businesses currently lack the need, but that it results largely from came back, and that was their deal the bargaining power of large firms and the infrastructure improvements that next day, and that is the way they pay as much as 18 percent more for the speed commerce and literally connect worked for 4 years in managing this same health insurance as larger companies. If you work in a large company people to one another. Senate. Senator BYRD and Senator Senator BYRD also is a tireless advo- Baker both read David McCullough’s you get the benefit of the larger pool, and you are better able to bargain for cate for miners, those men and book. Senator BYRD told me it changed women—principally men—who go down their minds about the Panama Canal in your health insurance rates. If you are poor and cannot afford health insur- and literally risk their lives in the coal 1980 in a decisive decision that was con- ance, you get access to Medicaid. If you mines. He knows this firsthand. As a troversial in the Senate. I worked with are a senior, you get access to Medi- result, mining-related injuries in West him and the late Senator Kennedy, care. Small businesses are the group Virginia have significantly declined whom the Presiding Officer succeeded, that falls through the cracks. They since Senator BYRD came here—the re- on American history, and we have leg- don’t have access to this purchasing sults of his actions, the results of his islation pending which I hope we will power, and consequently pay, on aver- understanding, and the results of his pass when we reauthorize the Elemen- age, about 18 percent more for health commitment to the people he served. tary and Secondary Education Act con- insurance than larger companies. He worked hard each and every day for solidating all the Federal Govern- As health insurance costs continue to those who risk their lives in a dan- ment’s activities to encourage our chil- rise, more and more small businesses gerous occupation and deserve the at- dren to learn U.S. history so they will can no longer even afford to offer tention and respect of this body and know what it means to be an Amer- health insurance to their employees. our country. ican. And if they do, their employees can’t He has done much more than help the Senator BYRD now more than ever is afford the co-payments to purchase people of West Virginia. As I indicated a part of that history. He is an indis- health insurance. In fact, nearly one- before, as the greatest scholar in our pensable Member of this body. He quarter of the uninsured in our country body, he has demonstrated a profound teaches us as well as serves with us and works for small businesses. Between understanding and respect for the Con- we honor him for his service. 2000 and 2009, the percentage of firms stitution of the United States. He has I yield the floor. with less than 10 employees—the heart shown that not just in words but in f of small businesses—offering insurance deeds. He has been prepared to stand up HEALTH CARE REFORM coverage fell from 57 percent to 46 per- when he thought constitutional values cent. Among people with employer- were being impaired. Indeed, no com- Mr. WARNER. Mr. President, I rise based coverage in January of 2006, one- mitment is greater to Senator BYRD today to once again join my colleagues sixth lost their coverage by 2008. Near- than his commitment to the Constitu- in addressing the need for comprehen- ly three-quarters of small businesses tion and the values therein. He has sive health care reform. The Senator that do not offer coverage to their em- stood up forcefully and persuasively on from New Hampshire, Mrs. SHAHEEN, ployees cite high premiums as the rea- so many occasions to defend the Con- earlier spoke on health care reform and son. Small businesses want to offer stitution and to serve truly the oath its effect on small business. I know my health benefits to their employees, but we all take to preserve, protect, and colleague, Senator UDALL from Colo- are priced out of the market and can- defend the Constitution. rado, is going to be speaking soon. And not afford it. On Friday, Senator BYRD will cele- I know we are going to be joined, as Many small business employees are brate his 92nd birthday. He will cele- well, a little bit later by Senator left uninsured and, in turn, rely on the brate that in his usual fashion: He will LANDRIEU, who takes a leadership role health care system to pick up the costs work, I am sure. He will work for the on the issues affecting small busi- when they get sick. It is these people people of West Virginia, for the people nesses, as chair of the Small Business who show up at emergency rooms and of this country, and for the people of Committee. I rise today to stress how access the most inefficient part of our the world. He will reflect back on his important health care reform is to the health care system. They are often- dearest partner, his wife, who was his small business community. Currently, times not people who are unemployed, support, comfort, and inspiration. He there are small businesses across but employees of small businesses. En- will reflect upon his children, grand- America that have been hit very hard acting market reforms such as creating

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11447 insurance exchanges will finally give cannot afford to be at such a disadvan- I join my colleagues this morning to small businesses affordable options. tage. With health care reform, more of discuss an issue of great importance to Their employees will have a place to our Nation’s dollars will go toward in- Colorado and to me. These past few purchase insurance at large pool rates vestments in our economy. weeks, as the Presiding Officer has, and, by insuring more people, reform Health care costs also stifle produc- along with many of us on this side of will help drive down the cost of health tivity. Too many Americans end up the aisle, I have spoken about com- insurance for all Americans. Insurance staying in jobs simply because the em- prehensive health insurance reform as exchanges will also significantly re- ployer provides health insurance. They a key to strengthening and securing duce administrative costs for small aren’t able to move around, or move the lives of middle-class Americans. businesses by enabling them to easily into entrepreneurial startup firms One of the most important components and simply compare the prices, bene- where innovation and real growth po- of that goal is ensuring that we do ev- fits, and performance of health care tential takes place. Startup firms and, erything we can to help small business plans. again, small businesses are often not owners and their employees get afford- I know a number of us are working able to offer health insurance. Con- able health coverage. on a series of amendments for when the sequently, we have good workers who As the Senator from Virginia men- health care bill gets to the Senate floor are not able to move into these firms tioned, over the last 15 years, small to try to make sure we add further dis- and help spur job growth because they businesses have created over 65 percent closure requirements and more trans- are caught in dead-end jobs. They are of the new jobs in our country. Yet the parency to our health care system. constrained by the security of health power of this job creation machine is Right now we don’t have a free market insurance offered at their old jobs or being threatened by the exploding in our health care system because no- perhaps because they have a pre- costs of health care. It will only get worse if we don’t act. body knows what the providers actu- existing condition and can’t move to a If we do not pass health insurance really pay, and what the doctors and hos- new situation. form, small business owners will con- pitals actually charge. Small busi- Again, if we do health insurance re- tinue to see the costs of providing ben- nesses will benefit by trying to bring form right, it will put in place reforms efits eat away at their bottom line. In transparency to these health insurance such as the elimination of preexisting my home State of Colorado, premium conditions requirements that will exchanges. costs for small businesses are projected Additionally, reform will enact con- allow more freedom of movement with- to more than double over the next dec- sumer protections such as prohibiting in the job workforce. ade. These unsustainable cost increases insurance companies from denying cov- So, once again, I join my colleagues not only harm current businesses, but erage based on preexisting conditions in making this case. We have made it they prevent the growth of new ones. and dropping people when they are time and again. Health care reform is More and more would-be entrepreneurs sick. This is particularly a challenge to necessary to make sure American busi- across the country are deciding not to small businesses. If you only have a nesses remain competitive. Health care start their own companies due to the small group of employees and a few reform is necessary because health care fear that they would not have access to have preexisting conditions, those pre- costs are the single largest driver of affordable insurance for their families existing conditions drive up the cost of our Federal deficit. Health care reform or for their employees. providing insurance for this smaller is necessary because if we don’t address Unfortunately, this fear is too often pool. Oftentimes this results in pricing rising costs, Medicare will be insolvent justified. In the insurance market small businesses out of the market. Re- by 2017. If we don’t reform the system, today, small businesses lack the bar- forms such as eliminating preexisting costs will also rise for families; an av- gaining power to get affordable rates conditions will dramatically help small erage Virginia family, for example, that many large employers enjoy. They businesses and their employees obtain within the next decade, will be paying find themselves subject to unpredict- affordable health insurance. nearly 40 percent of their disposable in- able and massive spikes in premiums. These protections are vital for small come to meet their health insurance That is why it is so important that we business employees because they help premiums. pass a health care reform bill that level the playing field in the small I will close my comments with where takes proactive steps to address the group market. They guarantee the op- I started. Small businesses are the only rising costs of health care. I have to tion of large pool rates, lower costs, players in our market who still pay re- tell my colleagues I have been encour- and prohibit insurance companies from tail for their health care costs and are aged by the proposals I have seen thus arbitrarily penalizing small businesses increasingly being priced out of the far. when one of their employees becomes market. Reform is imperative for the For example, a recent analysis of the seriously ill. small business community. nonpartisan CBO, the Congressional Lowering health care costs for em- I know my friend, the Senator from Budget Office, score of the Senate Fi- ployers is also key to our ability to Colorado, is about to speak, and our nance Committee bill estimates that compete in the global economy. If leader on small business issues, the the reforms therein would save small American business is going to come out Senator from Louisiana, who has been businesses $65 billion every year for the of this recession and we can compete so diligent on leading these efforts and next decade. The proposal would do with countries around the world, we making sure that small businesses are this, in part, by taking steps to trans- have to take on the cost of health in- protected in health care. We must get form our health care delivery system surance. American workers are more this right. We must get this bill to the to one that produces higher quality productive than any other workers in floor. And we must provide needed re- care at lower costs. It would also in- the world. But even with that in- lief to the small businesses that will clude tax credits specifically designed creased productivity, if American busi- generate the economic recovery that to help cash-strapped small businesses nesses have to pay $3,000 to $4,000 more we’re all hoping for. provide coverage to their employees. per employee because of higher health Thank you, Mr. President. I yield the Additionally, new reinsurance pro- insurance costs than our competitors floor. grams would reimburse employers that puts American businesses at a The ACTING PRESIDENT pro tem- struggling with particularly high cata- dramatic disadvantage. pore. The Senator from Colorado is rec- strophic costs. In addition to these As health care costs continue to rise, ognized. probusiness proposals, we also need to other business investments are sac- Mr. UDALL of Colorado. Good morn- make sure the market offers new and rificed. Forty percent of businesses say ing. I, too, before I speak on health affordable options for those employers health care costs have a negative im- care, wish to join my colleagues in con- who want to offer coverage but cur- pact on other parts of their business. gratulating Senator BYRD. I, too, am in rently cannot afford to do so. The new As I mentioned, with the great reduc- awe of all of his accomplishments, and health insurance exchanges envisioned tion of credit availability to small I, too, admire his affection for the Sen- under the reform packages before us businesses and in this challenging eco- ate and will endeavor in my service would permit small employers to pur- nomic climate, American businesses here to model his example. chase policies that spread risk across a

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11448 CONGRESSIONAL RECORD — SENATE November 18, 2009 much larger population. New consumer bankruptcies, is diminishing their abil- owner but for my health care that is protections would also keep costs down ity to hire people and create jobs at a covered through my spouse. by prohibiting insurers from charging time when our country needs those It is right to get the policy right so higher premiums on the basis of health jobs created, perhaps more than ever in everybody can have access to afford- status or gender. the last 25 or 30 years. Until we get able health care coverage. Right now, being a woman is a pre- health care right for small business, She goes on to say: existing condition under the terms of they cannot get job creation right for I hope and pray our representatives and many insurance policies. That is just America. It is as simple as that. Senators soon pass Federal legislation to not acceptable. Employers would also So as difficult as this debate has help the really small businesses of America. be able to keep expenses down by pro- been—and it has been very long, very Let me say I hope that help is on the moting personal responsibility—offer- arduous, with lots of different views— way. If we can negotiate this bill, in ing wellness premium discounts to em- one thing we must do, in the final terms of robust exchanges, subsidies ployees who make healthy choices. weeks and months of the debate, is get for small businesses, particularly these Enacting meaningful health care re- it right for small business. I have heard very small businesses of under 10 em- form is necessary for ensuring produc- from hundreds of small business owners ployees or 25 employees, it would help. tive small businesses, new American as chairman of the Small Business The situation Barbara is facing is not jobs, and a strong economy. Inde- Committee. My members have heard acceptable and must be corrected. But pendent and unbiased analyses esti- from hundreds. We have heard from her situation is not unique, as I said. mate that in the next 10 years, reform thousands, through their representa- According to a report by the Small can save upward of 80,000 small busi- tive associations, from conservative as- Business Majority, the health care ness jobs and raise wages by more than sociations, to moderate, to more lib- costs for small businesses are expected $30 billion annually. Those are very eral associations representing a broad to increase from $156 billion in 2009 to promising numbers. stretch of small businesses in this $2.4 trillion by 2018. As the Senate begins its historic country, saying this is their No. 1 Before I put up the next chart, I need floor debate on health insurance re- issue. to repeat these numbers because they form, you can expect that I and my col- Just this week, Barbara Biersmith, are dramatic. These are numbers pub- leagues will continue reminding the who owns Sylvan Learning Center in lished by the Small Business Major- other side of the aisle just how critical Monroe, LA, a small business owner—1 ity’s report, based on actual data. This reform is to the small business commu- out of the 27 million that exist in the is a bill that small business cannot nity. No amount of misleading rhetoric United States of America—and 27 mil- pay. This is a bill they cannot pay. We or misdirection by the defenders of the lion is a lot of people, a lot of busi- must get the costs moving in a dif- status quo will be enough to convince nesses and employees. She is one. She ferent direction. It will take some the American people we should con- is quoted in the Monroe News Star this time, but we must get this chart going tinue forward on our current week: from up to down. That is why I have unsustainable path. As a business owner, I have struggled in pushed every day of this debate to I say to all my colleagues: Let’s work vain for more than 22 years to find a way to focus on cost containment. Not only is together over the coming weeks to provide health insurance for my employees. it important for taxpayers and govern- strengthen this legislation, empower Health insurance providers tell me I have ment, it is absolutely critical for small small businesses, and put America’s too few employees to make a group. Or they businesses to have more choices at tell me that some of my employees have pre- health care system on the road to re- lower costs. existing conditions that excludes them from This chart shows the graph in a dif- covery. a group and that would make the group too Thank you, Mr. President. As I yield small. ferent way. This shows the cumulative the floor, I wish to acknowledge the The kind of highly educated, experienced cost of health care benefits—the first great leadership of the chairman of the people I prefer to hire nearly always have one. This is indicating job loss, and Small Business Committee, the Sen- preexisting conditions. Who doesn’t have a 178,000 small business jobs will be lost ator from Louisiana. preexisting condition by the age 30? in 2018 due to the high cost of health Thank you. Considering that being a woman of care. That is up from 39,000. Companies The PRESIDING OFFICER (Mr. childbearing age is considered a pre- can’t continue to hire if they have to KIRK). The Senator from Louisiana is existing condition, I think she is right. pay higher premiums for the employees recognized. Who doesn’t have one these days based they still have working for them. Ms. LANDRIEU. Mr. President, I on the interpretation of these policies? Costs are high because of a broken thank the Senator from Colorado and She goes on to say: insurance market where insurers, in the Senator from Virginia for their re- Because my business can’t provide good order to satisfy their stockholders, put marks earlier this morning on the sub- health benefits effectively, I am restricted to a greater focus on their bottom line. I ject I am also going to speak on, which hiring people who are covered by their understand that when you are in busi- is the urgency for us to provide impor- spouse’s medical insurance. ness, you need to make a profit. I un- tant help to millions of small busi- This is something that is not talked derstand that is why you are in businesses out there that are depending on about often. I know my colleague from ness. I have no problem with people us to get this reform done right. Washington is waiting to speak. I will making profits—and significant ones— I wish to speak for a minute about go through this as quickly as I can. I as long as the rules are fair and as long reforms for small business in America. hear this over and over again when I as there is opportunity to keep our val- There were many different reasons exam on the streets and in towns and ues in order. One of the values we have pressed by Members of Congress about communities back home and I don’t in America is people going into busi- why they began engaging in this very hear it here. Let me say it. I have any ness making a profit but making sure, tough debate on health care. Many dif- number of people who come up to me if you are in the business of insurance ferent issues brought us to the table. and say: Senator, thank you for work- and delivering benefits, that is what One of the issues that brought me to ing hard on health care. I am a little you are delivering to the people you this table of reform and negotiation concerned or confused about what you are trying to serve. So we need some was the desperate plight of small busi- all are doing but try to get it right be- adjustments in those rules and regula- nesses in America that have nowhere cause my health care is through my tions. That is what I think we are to turn. spouse who works for the government doing in our reform bill. As my colleagues have said in their or my health care is through my More alarmingly, getting back to the very excellent statements this morn- spouse who works for a big company, statistics, according to some reports, ing, the unpredictable and and if I didn’t have that health care, I including a recent New York Times ar- unsustainable and skyrocketing costs wouldn’t have any. ticle, the insurance companies are of health care to small business in I was in a restaurant last week, and planning to raise rates even higher America is damaging their ability to the gentlemen who owns it told me today in anticipation of our reform ef- grow, is participating in an uptick of this: I couldn’t be a small business fort. This is very unsettling, and the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11449 sooner we act the better I think we will to be able to afford quality coverage years. The next 10-year period, it is be—to help reform this market, to for American workers, so we can get supposed to increase in the same way, bring some order to the framework. back to being the most productive double in cost, increase about 7.9 to 8 That would be extremely helpful. workforce in the world. percent a year. So that means if we do Lack of choice and competition is a I yield the floor for the Senator from nothing, small businesses are going to problem, as I said. In Louisiana, our Washington. continue to see this escalator of costs two top insurers maintain 74 percent of The PRESIDING OFFICER. The Sen- keep going up for, and that means they the market. In Alaska, I understand, ator from Washington is recognized. are going to employ fewer and fewer there are two insurers maintaining 95 Ms. CANTWELL. Mr. President, I people because they cannot afford the percent of the market. This is not real come to the floor to join my colleagues health care coverage. choice. It is not real competition. That to talk about the rising cost of health We see that general inflation is about is why the exchanges we have in most care on small businesses. I thank the 2 percent, but this increase in pre- of the base bills, making them more ro- chair of the Small Business Com- miums is about, as I said, 7 to 8 per- bust, making subsidies as generous as mittee, Senator LANDRIEU, from Lou- cent. Why are we seeing this huge in- we can to encourage individuals to as- isiana. She has been an outspoken and crease in the cost of premiums if gen- sume responsibility for their health articulate advocate for small business. eral inflation is only about 2 percent? care, as well as subsidizing small busi- She is constantly focusing on what we This, in my opinion, is what the health nesses to encourage them to get into are going to do to help small businesses care debate should be about. This dif- these large pools, I believe—and many in America, and she wants to make ference between general inflation and of us believe—that will help to drive sure any health care legislation that is health care cost increases should be down costs, as we reform the private passed out of the Senate focuses on the entire debate. What are we going to market. that. That is very important because do to drive down the costs so that To level the playing field for small we know that when we talk about health care costs are kept more in pace businesses and to provide working fam- small businesses in this current envi- with inflation? ilies with more choices at lower costs, ronment, they are at a disadvantage Why are these statistics so impor- the bill we will vote on in the Senate when it comes to our health care sys- tant? The issue is that, according to will have as robust an exchange system tem. That is to say they have long been the National Small Business Associa- as possible. These exchanges will allow the backbone of the American econ- tion, only 38 percent of small busi- businesses and individuals to pool to omy. Small businesses employ about 40 nesses provided health insurance last give them the negotiating power and to percent of our workforce. Even in a year. That is down 61 percent from 1993. spread risk. downturn, the job creation we are So we are continuing to see that We estimate today that small busi- going to see is going to come from shrinkage in people offering coverage. nesses pay retail, as the Senator from small businesses. If we can address Of those who do offer coverage, 72 per- Virginia. Mr. WARNER said. Everybody their concerns in health care reform cent say they are struggling to con- else pays wholesale. Small business about the rising cost of health care, tinue to offer coverage to their em- pays retail. The price of paying retail then we are going to be doing ourselves ployees. is a minimum of 18 percent more on a favor because they are going to be An MIT study shows that the cost of premiums that they are paying. So we able to grow more jobs and grow the health care to small business will more want to get that savings. The ex- economy. than double in the next 10 years, just changes will achieve that. The ex- I applaud the Senator from Louisiana as it has in the last 10 years, and that changes will also achieve lower admin- for her efforts and join with my col- small businesses pay up to 18 percent istrative costs, so you don’t have to leagues, Senators WARNER, UDALL, and more than the same coverage for larger hire a full-time lawyer or accountant SHAHEEN, in coming down here to de- firms. What that means is small busi- to navigate the wide variety—actually, scribe why we think it is so important nesses are being disadvantaged. They there are limited choices today, but that we get health care reform and are being disadvantaged because they you will have more transparency, more that we do something about this be- do not have the same clout in the mar- robust exchanges. cause we really do want to get our ketplace as a large employer to nego- Finally, regardless of the level of economy going, and we certainly want tiate benefits and drive down costs. benefit choices, there should be a limit to control costs so that small busi- What do we want to do about that? on how much individuals must spend nesses can grow jobs. What we want to do is give small busi- out of pocket and a minimum standard Why is this so important? We have nesses the same kind of negotiating of care among all the plan levels. These seen a 120-percent increase in pre- power large companies have to nego- are some of the protections we are miums over the last 10 years. That is tiate for benefits. In fact, health care working on for small businesses, which to say, from 1999 to 2009, insurance pre- reform and helping small businesses will benefit individuals as well. miums have increased 120 percent—120 should be able to negotiate with insur- Again, I thank my colleagues for percent. What family in America can ance companies to drive down the costs being on the floor this morning. I think sustain the constant increase in insur- of their plans. Senator CANTWELL, the Senator from ance premiums every year? The fact is, This is something that is already Washington, who is here to give voice they cannot. part of the underlying bill we passed to this important part of the debate. In my State, we have seen a sharp out of the Finance Committee. I am Again, we have hundreds of Members of rise in those who are without health sure that when we see legislation com- Congress. We all came to this debate insurance because the premiums keep ing to the Senate floor this Friday, we carrying various issues and with great- going up. More and more small busi- will see the same kind of provision, at er concerns than others. One of my nesses have to make choices between least with the basic health plan, a pro- great concerns has been, as we try to keeping employees on the rolls or cut- vision I helped coauthor in the legisla- find a way to dig ourselves out of this ting back on their health insurance. tion that would allow States to nego- great recession—some say the worst And they are making those choices. It tiate on behalf of the uninsured, allow- economic situation since the Great De- puts all of us at a disadvantage. ing those who are employed in small pression—the only way we are going to What should we be doing instead businesses to help lower the costs. In do that is for businesses to create jobs. about the rising costs of premiums in our State, this plan has driven costs Right now, there is a big burden that health care? We should be doing some- down 30 to 40 percent lower than what they have been carrying alone. They thing to bend the cost curve. You will those individuals would be able to get need help, support, and they need more hear many of my colleagues, as you did in an individual market. That is amaz- tax credits, more robust subsidies, and this morning, talk about bending the ing, the fact that they have been able a more orderly private market frame- cost curve and why it is so important. to pool together 40,000 to 60,000 people, work that allows the insurance compa- Right now, if we look at what is hap- go to the marketplace, and say to in- nies to be in business and to make a pening with health insurance, as I said, surance providers: If you want access profit but also allows small businesses it already increased 120 percent over 10 to our insurance business, you have to

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11450 CONGRESSIONAL RECORD — SENATE November 18, 2009 give us a discount. I call it the Costco the owner of the San Francisco Street ter at reforming the system so we can model. I don’t know how many people Bakery. You might think the San see that growth happen in America. here this morning understand the Francisco Street Bakery is in San I yield the floor. Costco model, but the Costco model is Francisco, but it is actually in Olym- The PRESIDING OFFICER. The Sen- something where you buy in bulk and pia, WA, and it employs 20 people. Over ator from Tennessee. you make large purchases. You should the past decade, the increases in health Mr. ALEXANDER. Mr. President, get a discount. That is what we are insurance premiums have forced them will you please let me know when 8 saying. We want to give small busi- to take dramatic reductions in the minutes has elapsed? nesses the same kind of purchasing level of benefits and the number of em- I, too, see the Secretary of Interior power large businesses have so they ployees they can cover. This is a com- on the floor, who formerly was a Mem- can drive down costs. That is going to pany that wants to grow. They want to ber of this body. We miss him. We are be a critical component of this legisla- expand. They have great products and glad he is here. We are glad he is tak- tion, and this Senator, along with my great services. ing care of the treasured landscapes of colleagues who are out on the floor It is people such as the Davises and America. today, is going to make sure that nego- Gene Otto who are the economic engine f tiating power exists in a final bill for of our economy. They are going to con- small business. tinue to depend on us to make sure HEALTH CARE REFORM Second, we need to make sure we also that in this legislation and in this leg- Mr. ALEXANDER. Mr. President, an have provider reform, that provider islative debate, we are going to do ev- unusual thing is about to happen here: payments reward not just volume but erything we can to help small busi- an actual debate is about to break out value. Right now in our health care de- nesses grow. on the floor of the Senate about health livery system, there is a lot of focus Small businesses cannot grow if care. Sometimes we are talking past given to what I would say is the quan- health care costs are going to rise 8 to each other. My friends on the other tity of health care that is delivered, 10 percent a year. It will hamper the side talk about jobs and small business, the fee-for-service system that basi- ability of those small businesses to so let me start there. cally ends up having insurers paying meet the demands and challenges of The difference between the Demo- physicians for the number of patients their workforce and keep them cratic proposals for health care and the they have seen or the number of tests healthy, facing an economy that has Republicans is the Democrats start they have ordered but is not generated been certainly challenged by this big with a 2,000-page bill, more or less, or focused on payment to a physician downturn we have seen but that needs with a government takeover, with based on the outcome of the patient. to go back to growth in the future. more than $1 trillion in spending, with There are provider reforms in this leg- They want to be part of that. They new taxes, higher premiums, and Medi- islation that will also help drive down want to be part of that growth, and care cuts, and we don’t believe they the cost to small businesses because they want to be part of helping our can spend that much more money with- those providers will be focusing on economy recover. But to do that, we out increasing the debt—in other what it takes to deliver health care to are going to have to do something to words, all going in the wrong direction. those individuals. control health care costs. We believe we ought to be reducing Third, we need to have better trans- I applaud my colleagues who I know costs step by step, and the Republican parency on drug pricing because trans- share these same issues and concerns: proposals say that step No. 1 should be parency of cost is something that will the Senator from Virginia, who has small business health plans. They are help us in negotiating, as a government been very outspoken on the fact that saying they have an idea about small purchaser, better health care benefits. we have to change our system to make businesses, and we are saying the same Right now, there is a lot of unknown sure we are bending the cost curve and thing. about health care costs in drug pricing focusing on driving down costs with In my few minutes today, I would because middlemen basically negotiate provider reforms; my colleague from like to show why our proposals are bet- discounts on behalf of their customers Louisiana, who is focused on making ter than theirs. For example, Senator but end up pocketing some of those sure small businesses have clout and ENZI of Wyoming, who was chairman benefits. access to small business negotiations and is now the ranking Republican We want to make sure all three of that large companies have; my col- member of the Health, Education, these points are part of vital legisla- league Senator SHAHEEN, who also has Labor, and Pensions Committee, has a tion to help drive down the cost for been a big supporter of making sure we small business health plan he has been small businesses. I have many small businesses come have provider reform in the system; trying to get this Senate to vote on for into my office. I met with some in the and Senator UDALL, who comes from a years. In fact, this plan came up before State of Washington. We are very State that knows health care costs are the Senate, and our Democratic friends proud of the diverse array of companies a key component. If we want our econ- blocked it. They like to say Repub- that exist in our State. A lot of people omy to grow, we have to drive down licans are the party of no; they are the look at some of the major employers health care costs. party of no because on May 11, 2006, such as Boeing or Microsoft or, as I Two of our former colleagues have they voted no to small business health mentioned, Costco, Starbucks. Wash- been on the floor in the last few min- plans which would lower health care ington State is home to many entre- utes—the Vice President of the United costs for thousands of employees in preneurs. There are many great compa- States and the Secretary of Interior. this country. nies that may be the big companies of We are glad they have come up to Cap- Let me be specific about that and the future but are the small businesses itol Hill to continue discussions with why it is superior to the suggestion today, and they need our help and as- us about how important this legisla- that has been made in the Finance sistance. tion is. I thank them for that. I thank Committee bill, the 2,000-page bill Two of those, Kent and Linda Davis, them for their service to our country which has come out of the Senate Fi- run a technology consulting firm and and for their willingness to serve in the nance Committee. In the Enzi plan, the pay $1,500 per month for health insur- administration. We certainly miss Republican plan, we would allow small ance—$1,500 per month. They just them in the Senate. But I think it em- businesses to come together and pool learned that in 2010 their premiums phasizes the urgency of the health care their resources. What that means is, if will increase by another $300 per legislation, that our economy is strug- I have a small business with 50 people month. This is the third substantial in- gling, that we want it to grow, that we and you have one with 100 people and crease they have had in a row. They think small businesses are going to be you have someone with open heart sur- want to hire more employees, but they a key component of that, but we have gery, you cannot afford to keep paying cannot because of the cost of health to give them negotiating power. We for health insurance anymore because care. have to give them the ability to nego- that one employee’s health care costs Another successful entrepreneur who tiate with insurance plans to drive make it impossible for you to do that has come into my office, Gene Otto, is down the costs, and we have to do bet- or you have to lay people off or you

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11451 have to reduce wages. That is what then reducing waste, fraud, and abuse. both the House and the Senate have happens in the real world. What we are The General Accounting Office has said had under consideration—hopefully saying is, let’s let small businesses $1 out of $10 in the Medicaid Program, what we will now see in the near future come together, pool the resources, and which the Democratic proposals will as the final product that we will be offer insurance that way—spread the expand, is wasted. It goes down the able to review—will drive up the cost risk, in other words. drain every year—$32 billion. curve and increase the cost of health What does the nonpartisan Congres- If we really want to reform health care, not only for small businesses but sional Budget Office say the effect of care, why do we keep coming up with for everybody in America. that proposal would be on small busi- these 2,000-page bills and trillion-dollar If we ask most Americans what they nesses and their health care costs? costs and higher premiums and higher want in health care reform, they will This is what the CBO said: No. 1, en- taxes and Medicare cuts and additions tell us they want to stop the spiraling acting the Republican proposal—which to the debt at a time when we have 10 cost of health care insurance. Yet the we would hope would gain Democratic percent unemployment? What is that legislation we see does exactly the op- support—would extend more insurance going to do to small businesses? New posite. Over the last few weeks I have to at least 750,000 Americans who are taxes are going to create more jobs? come to this floor to discuss tax in- employees of small businesses. That is We have the Finance Committee bill creases that were contained in the No. 1, more people insured. with $900 billion of new taxes over 10 health care legislation passed by the No. 2, it would lower the cost of in- years when fully implemented. That is Senate Finance Committee, both in surance premiums, not raise them as not going to create new jobs. New taxes terms of the big picture and, more spe- this 2,000-page bill would—lower the are passed on. cifically, in terms of what it means to cost of insurance premiums for three If you run a business with 40 people middle-income Americans and to small out of four employees. or 100 people or 150 people, and you get businesses and to any American who No. 3, it would reduce the cost of a big new tax, what do you do? You wants to answer the question: How Medicaid, the government program for layoff an employee, you reduce wages, would this bill affect me and my fam- low-income Americans, by $1.4 billion. you stop offering health care. You have More people covered, lower pre- ily? to do that or you go out of business. We have already heard the answer to miums, and a lower cost—that is what That is what happens. that question in a number of different they mean by bending the curve. So if We would like to see a debate. We contexts, but I think it bears repeat- that is the proposal, why do the Demo- think the way to reform health care is, ing. Under the Senate Finance bill, if crats not allow us to vote on it? You instead of these 2,000-page bills, let’s you have insurance, you get taxed. If see, we believe these 2,000-page bills set a goal—reducing costs. Let’s go with higher premiums and higher you do not have insurance, you get step by step in that direction to re- taxes, with Medicare cuts—we have taxed. If you don’t want to purchase in- earn the trust of the American people. these bills all over the place. Senator surance, you get taxed. If you have a Instead of talking in grand rhetoric job, you get taxed. If you need medical REID, the distinguished majority leader, has one in his office. He has been about small businesses—they do have a devices, you get taxed. If you take pre- meeting secretly for weeks with peo- plan embedded in the Finance Com- scription drugs, you get taxed. If you ple—we don’t even know who—writing mittee bill, but it is typically different have high out-of-pocket medical ex- a bill which may emerge as early as from the plan we have proposed. In- penses, you get taxed. today. Then when we get it, we will all stead of allowing small businesses to The list goes on. The reason is this have to read it. I am sure we will find pool their resources in the way I sug- legislation will create new, brandnew more premiums, more taxes, more gested so they, the small businesses, massive entitlement programs to the Medicare cuts, probably additions to could be in control of their own health tune of what we do not clearly know the debt, probably more transfers of insurance, make decisions about it— yet but which will almost certainly be cost to State governments. no; the Democratic small business plan in the neighborhood of $2 trillion. It We have Governors who are Demo- would not allow small businesses to pays for them—or offsets the cost of crats and Republicans saying: Please pool their resources. It puts the gov- those on the Treasury—by increasing don’t do that to us. We are in the worst ernment in charge of making decisions taxes on the American people by hun- condition we have been in since the about what kind of insurance the small dreds of billions of dollars and by cut- Great Depression, and you are going to businesses could purchase. That is real- ting Medicare by hundreds of billions dump a lot of costs on us that we didn’t ly a debate we ought to have. of dollars. volunteer to pay. We can’t afford it. We As President Obama, correctly said We still do not have the ‘‘merged’’ have to balance our budgets. earlier this year, the health care de- Senate bill before us to review and de- That is probably what is coming. bate is not just about health care. The bate, but we do have the House-passed What should we do instead? We said health care debate, said the Presi- bill to review. There have been a num- day after day on this floor that we dent—correctly, I would respectfully ber of rumors and discussions in the should set a goal—reducing costs, the say—the health care debate is a proxy media about what kind of new tax in- cost of premiums, the cost of health for the role of the Federal Government creases the Senate bill will have when care to the government—and we should in American lives. So would this debate it is finally disclosed. In fact, we hear move step by step toward that goal. about how to help small businesses be we may find out, as a country—the We said step No. 1 should be small the same. people of America may find out tonight business health insurance plans. Step The PRESIDING OFFICER. The Sen- what this bill that has been negotiated No. 2 should be to allow competition ator has consumed 8 minutes. and created behind closed doors actu- for insurance across State lines. That The Senator from Idaho is recog- ally contains. I would like to take a would reduce costs. Step No. 3 would be nized. few minutes to review some of the pro- to reduce junk lawsuits against doc- Mr. CRAPO. Mr. President, I would visions that we expect to be there. tors, which some States have done, and like to focus my remarks today on The House version of the health bill which everyone agrees drives up costs, health care as many others have done. contains more than $752 billion of tax encourages defensive medicine, and Actually, I am very glad to see the de- increases. Some of these tax increases causes doctors to move out of rural bate today was focused on small busi- are the same ones we have already seen areas so that pregnant women have to nesses and the impact of what we do on in the Finance Committee bill, such as drive 60 or 80 miles to Memphis or half- them. the medical device tax, the $2,500 cap way across Alaska to get their prenatal I am surprised, however, to see those on flexible spending accounts, the pro- health care or check into hospitals for who are discussing the current legisla- hibition on prepurchase health care ac- 3 weeks in a big city so when they have tion that is before us are discussing it counts—FSAs and HRAs—and the dou- their baby they will have a doctor as something that will benefit small bling of tax penalties for those in emer- available. That is the effect of that. businesses and will help to drive down gency situations who must use a por- Then health insurance exchanges so the cost curve because, as remarkable tion of their health savings account to you can shop for cheaper health care, as it may seem, this legislation that pay for nonmedical bills.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11452 CONGRESSIONAL RECORD — SENATE November 18, 2009 There are many other new tax infor individuals making less than would ‘‘sever the link between the tax creases in the House bill which we have $200,000 a year or for families making paid over a lifetime and the medical not seen in the Senate finance bill that less than $250,000 a year. But if we add benefits received, officially making we also need to review. From the be- in this new surtax in the House bill, Medicare an income redistribution pro- ginning of this process the chairman of Americans above those thresholds who gram.’’ the Finance Committee has stated his are currently paying a 15-percent cap- It would additionally hurt growth. intention to use only health-related ital gains tax rate would see their tax These additional taxes on savings and offsets to pay for health-related spend- rate jump to 25.4 percent in 2011, and investment act as disincentives for ing. If there is to be new health-related those currently paying the 15 percent these activities which are the primary spending, that is definitely the right dividends rate would see their rates drivers of wealth creation. It would kill approach. We all know what a difficult jump to 45 percent by 2011. jobs. Imposing these new taxes would circumstance our country faces today Such a tax increase would violate yet hurt small businesses. Because many when it comes to jobs. The current un- another one of President Obama’s tax small businesses pay their taxes at the employment rate is 10.2 percent. The pledges to the American people. Most individual level, imposing higher indi- last thing we need to do is to enact of us are very familiar with his prom- vidual income taxes hurts these en- policies that would make it even ise. gines of job creation. tougher for U.S. companies, particu- Most of us are familiar with his Finally, it doesn’t fully finance larly small businesses, to create new promise that no individual making less health care shortfalls. According to jobs. But, amazingly, the House bill than $200,000 a year or a family making Bloomberg, House Democrats rejected contains more than $80 billion in tax less than $250,000 a year would see any this proposal, now being considered by increases on domestic U.S. job-creating increase in their taxes. In fact, in his the Senate, ‘‘because lawmakers con- companies that have no involvement in words, ‘‘not by one dime’’—not an included they may need to increase the the health care industry. crease of their income tax, their pay- payroll tax in the future to pay Medi- Not only do these provisions violate roll tax, their capital gains tax. In his care benefits that are projected to out- the idea that we should be staying words, not any of their taxes. Yet we pace revenue.’’ The New York Times within the health care arena to find see hundreds of billions of dollars of pointed out that ‘‘the higher payroll offsets on the health care bill, but these taxes falling squarely on the mid- tax would not be sufficient in the long these antijob tax increases are the last dle class. In a speech in Dover, NH, on run [to even protect Medicare].’’ In closing, for all the talk about this thing we need in this fragile economy. September 12, 2008, President Obama need to rush the bill through so we can The largest tax increase in the House said: achieve the objective the American bill would also have a devastating ef- Everyone in America—everyone—will pay people seek in health care reform, the fect on the job creators in our country, lower taxes than they would under the rates bill does not reduce the cost of medical particularly small businesses, that are Bill Clinton had in the 1990s. care. It increases it. The bill does not the top job creators. This $460 billion This surtax clearly breaks that reduce the cost curve for health care so-called ‘‘millionaire surtax’’ is bad promise to millions of additional Americans. insurance. It increases it. And in ac- policy for many reasons. complishing this, it also increases First, like the $80 billion tax increase Recent press reports have suggested taxes across the board on Americans on domestic companies that I just men- that, in a need for even more tax rev- and cuts Medicare by deep rates that tioned, this tax increase grabs hun- enue to pay for all of the new spending will cause Medicare to face insolvency dreds of billions of dollars from outside in the Senate, the Senate leader may even earlier than it otherwise would the health care arena to pay for a mas- include an increase and an expansion of the Medicare payroll tax. The Medicare have. sive expansion of a new health care en- For all these reasons, we need to slow titlement. payroll tax is funded by a 2.9-percent payroll tax levied on every dollar down and start working together, step Second, although this provision is by step, to remember the original ob- earned by employees. Half of this tax is being billed as a tax increase on mil- jective; that is, to bend the cost curve paid by the employee and the other lionaires, the Joint Tax Committee re- down and stop these spiraling increases half by the employer, although in reports that one-third of the revenue it in health care insurance that Ameri- ality, the entire burden falls on the will generate is not from individual in- cans are facing and that are driving employee because the tax is taken come of millionaires but from small American families to the edge. businesses. As we know, many small from the employee’s available wages. I yield the floor. businesses file their taxes as individ- Revenue from this tax goes into the The PRESIDING OFFICER (Mr. uals, and it would be these small busi- Medicare trust fund and is intended to KAUFMAN). The Senator from Arizona. nesses, the job creators of our econ- be used for Medicare expenses when Mr. MCCAIN. Mr. President, from omy, that would be facing this new pu- that individual enters retirement. media reports, certainly not because nitive surtax. Under this new plan, Senate Democrats Members on this side of the aisle have Third, although you would think we are considering applying this Medicare been told about it, I understand the would have learned our lesson from the tax to capital gains, dividends, inter- majority leader is now corralling the alternative minimum tax, like the est, royalties, and partnerships for final three Democrats, which I am sure AMT, this new surtax would also not be American families earning more than he will succeed in doing, in order to se- indexed for inflation. That means, over $250,000. None of this income is cur- cure 60 votes to move forward with the time, this would creep further and fur- rently subject to the Medicare payroll greatest takeover of the private sector ther down the income scale, and more tax. in health care by legislation perhaps in and more small businesses and middle- In addition, Democrats are said to be the history of this country. Of course, income families would be suddenly hit contemplating raising the employee’s I would not know that myself, nor by this surtax. share of this tax, currently 1.45 percent would any Member on this side of the Fourth, this surtax would not only of wages, to 1.95 percent. Press reports aisle, because of the fact that there is apply to ordinary income, it also ap- indicate this would raise up to 40 or 50 no communication between the major- plies to capital gains and dividend in- billion new dollars in revenue. This ity leader and Republicans. I under- come which are currently taxed at proposal would make a bad bill even stand they have 60 votes. I understand lower rates. The capital gains and divi- worse. It would fundamentally change they will get 60 votes. I understand dend rates are currently 15 percent. If the way Medicare financing occurs. By that they may likely be able to rail- Congress doesn’t act before next year, applying what has traditionally been a road this through the Senate. Then, the rates will go back up to the pre- payroll tax to nonpayroll income and again, they will gather in a small 2003 levels of 20 percent for capital by using this money for a new non- room, and they will come out with sig- gains and up to a maximum of 39.6 per- Medicare entitlement, it breaks the nificant changes and revisions in the cent for dividends. link between the Medicare tax base and form of a conference report. The President has said he doesn’t in- Medicare benefits. As the Wall Street I have been having townhall meet- tend to extend the current lower rates Journal pointed out, this new tax ings around my State of Arizona, the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11453 second hardest-hit State in America countability for, it is obvious that that functional delivery system. Senate because of the economic downturn. I is misused. committees have spent months writing assure my colleagues on the other side Again, there is the story this morn- bills and spinning the benefits of legis- of the aisle, there is a revolution going ing about some $49 billion in wasteful lation, and experts tell us the efforts on out there. It is a peaceful revolu- spending in Medicare. The numbers go fail the basic test. tion. They do not want increased costs on and on. On March 5 of this year, the Presi- of a reform commitment that would be Why is it that the dean of the Har- dent is quoted as saying: up to $3 trillion, that would cut Medi- vard Medical School says ‘‘the rhetoric If people think we can simply take every- care by $500 billion and tax Americans on both sides is exaggerated and often body who’s not insured and load them up in across the entire income spectrum by deceptive’’? Maybe it is. But the rhet- a system where costs are out of control, it is an additional $500 billion. My friends oric on both sides becomes more in- not going to happen. We will run out of across the aisle may not have gotten tense because of a failure to sit down money. The federal government will be the message from the elections in New and try to work something out to- bankrupt; state governments will be bankrupt. Jersey and Virginia not that long ago. gether. At no time during this entire, Americans want cost control, and they long, drawn-out process have there The President is right. But the want affordable and available health been serious negotiations between Re- Democratic leadership writing these care. They don’t want increases in publicans and Democrats. Not once. Of bills is not listening. Partisan reform taxes. They don’t want the government course, the rhetoric gets exaggerated designed behind closed doors will bank- taking over the health care system. on both sides and even deceptive. We rupt this country, in effect committing Yet that is what is going to be deliv- are not doing what the American peo- generational theft. The majority leader ered. ple expect us to do, and that is sit down continues to put his bill together in a A lot of people, may I say, may not together and work these things out on secret committee of one with a deaf ear trust the word of some of us on this one of the greatest financial crises this to what experts tell us is needed. And side of the aisle and may think we are Nation faces. we wait. We wait with great anticipa- uninformed or we are just politicians. Dr. Flier goes on to say: tion to see how high taxes and fees will Maybe we ought to listen to Dr. Jeffrey Speeches and news reports can lead you to be increased. We wait with great an- Flier, dean of the Harvard Medical believe that proposed congressional legisla- ticipation to finally understand how School. I have never been that great of tion would tackle the problems of cost, ac- Senate Democrats will force a govern- an admirer of Harvard, but the dean of cess and quality. But that’s not true. The ment health insurance entitlement the Harvard Medical School states in various bills do deal with access by expand- into our health care market. We will ing Medicaid and mandating subsidized in- wait to see how much they will cut today’s Wall Street Journal, entitled surance at substantial cost—and thus ad- ‘‘Health Debate Deserves a Failing Medicare. And these are Medicare cuts, dresses an important social goal. However, my friends, have no doubt about it. We Grade’’—and he has some criticism for there are no provisions to substantively con- this side of the aisle that perhaps is de- trol the growth of costs or raise the quality will wait to see the new mandates on served— of care. So the overall effort will fail to qual- individuals and employers to buy government-designed insurance. As the dean of the Harvard Medical School, ify as reform. I am frequently asked to comment on the Dr. Flier is alleging that there is no We already know that the Senate Fi- health-reform debate. I’d give it a failing control of the growth of costs or rise in nance Committee bill includes roughly grade. the quality of care. We all know that $508 billion in new taxes on individuals Instead of forthrightly dealing with the the cost of health care is and businesses. fundamental problems, discussion is domi- unsustainable. The Medicare trustees Beginning in January of 2010, health nated by rival factions struggling to enact or insurers would also be required to pay defeat President Barack Obama’s agenda. have said in 7 years it will go broke. I believe forcing more Americans into annual nondeductible fees totaling The rhetoric on both sides is exaggerated $60.4 billion over 10 years. and often deceptive. Those of us for whom Medicaid, a public program that gets the central issue is health—not politics— failing grades for access to care and the Beginning in January of 2010, medical have been left in the lurch. And as the con- quality of care, is not the right ap- device manufacturers are required to troversy heads towards a conclusion in proach to covering millions more pay $40 billion in new nondeductible Washington, it appears that the people who Americans. fees. favor the legislation are engaged in collec- Dean Flier goes on: Beginning in January 2010, prescrip- tive denial. In discussions with dozens of health-care tion drug manufacturers are required Our health-care system suffers from prob- to pay $22 billion in new nondeductible lems of cost, access and quality, and needs leaders and economists, I find near una- nimity of opinion that, whatever its shape, fees. major reform. Tax policy drives employ- By the way, in case my colleagues ment-based insurance; this begets overinsur- the final legislation that will emerge from ance and drives costs upward while creating Congress will markedly accelerate national missed it, surprise, surprise, the phar- inequities for the unemployed and self-em- health-care spending rather than restrain it. maceutical industry has now dramati- ployed. A regulatory morass limits innova- The whole problem with health care cally increased their prices, while the tion. And deep flaws in Medicare and Med- in America is not the quality of health cost of living has gone down. What a icaid drive spending without optimizing care, it is the accessibility and afford- shocker. Those great people from the care. ability. Dr. Flier says ‘‘the final legis- pharmaceutical lobby who have been During the last campaign, I proposed lation that will emerge will markedly willing to make such ‘‘sacrifices’’ for addressing the issue of employer-pro- accelerate national health care spend- the American people are raising their vided health benefits, doing away with ing rather than restrain it.’’ prices in an unprecedented fashion, to- it in return for a $5,000 refundable tax Dr. Flier continues: tally disconnected to the absolutely credit. Tens of millions of dollars in at- Likewise, nearly all agree that the legisla- nonexistent increase in the cost of liv- tack ads were leveled against it. I pro- tion would do little or nothing to improve ing. And the administration continues posed it not because it was easy, not quality or change health-care’s dysfunc- to oppose drug reimportation from because I didn’t think the American tional delivery system. Canada, where seniors could get pre- people didn’t need straight talk. I did This isn’t just Dr. Flier’s opinion. scription drugs for about half of what it because it is one of the fundamental Look at Samuelson’s article the other it is now costing them. problems with the cost of health care day about the effects of what has been Beginning in 2013, Democrats raise in America. If someone gets something passed by the House and will appar- taxes by $201 billion by increasing for free, they are not going to be care- ently be before us. Democrats are pro- taxes by 40 percent on certain family ful about the money that is spent. posing a $3 trillion expansion of gov- health care plans with higher coverage Ronald Reagan once said: Nobody ernment health care, including $1 tril- values, payable by insurance compa- ever washed a rental car. He is right. lion in Medicare cuts and tax increases. nies or employers. So when people receive free medical But experts tell us the legislation Beginning in 2013, taxpayers who de- care that they don’t have to pay for would do little or nothing to improve duct medical expenses on their tax re- and that they don’t have to have ac- quality or change health care’s dys- turns will pay $15 billion more in taxes.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11454 CONGRESSIONAL RECORD — SENATE November 18, 2009 Taxes on individuals who fail to are not so comfortable for the patient, the bargaining table and sit down, Re- maintain government-approved health but, most importantly, they dramati- publicans and Democrats, together. insurance coverage will pay $4 billion cally increase costs. Time after time History shows there has been no suc- in new penalties, breaking President after time, any effort we have made to cessful reform in America without bi- Obama’s promise that no one with input in medical malpractice reform— partisanship, and I do not believe this come under $250,000 would pay higher and we will do it again when the major- will be the first one. I hope—I hope and taxes. ity leader gives birth to whatever you pray—it will not be. Businesses that are struggling to want to call this—then, the fact is, Mr. President, I yield the floor. keep the doors open and keep workers they are not seriously interested in re- The PRESIDING OFFICER. The Sen- employed in this recession will see ducing costs, but they are seriously de- ator from Nevada. higher taxes of $23 billion in the form pendent on the largesse and generosity Mr. ENSIGN. Mr. President, one of of mandates and penalties for failing to of the trial lawyers of America, and it the hallmarks of the Democrats’ health offer government-approved health in- is an outrage. It is an absolute outrage. care bill is that it spends a tremendous surance. I would point out, when the Presi- amount of money—more than $1 tril- Again, I urge my colleagues to read dent talks about, ‘‘demonstration lion. When the true 10 year costs are the article in the New York Post enti- projects,’’ there is a demonstration; it reflected, it is actually well over $2 tled ‘‘Obamacare: Buy now, pay later’’ is called Texas. The State of Texas was trillion. That is a hefty price tag, and by the well-respected economist Robert hemorrhaging doctors and physicians most Americans want to know who is Samuelson. He writes: and medical care practitioners. They going to pay for this. There is an air of absurdity to what is mis- reformed the medical malpractice. Contrary to what Democrats want takenly called ‘‘health-care reform.’’ Every- There have now been reductions in pre- you to believe, this bill will be paid for one knows that the United States faces mas- miums. There have been reductions in by all Americans, including low- and sive governmental budget deficits as far as lawsuits. There have been doctors and middle-income families and small busi- calculators can project, driven heavily by an physicians and medical care providers ness owners. So for the next week, I aging population and uncontrolled health want taxpayers as they go about their costs. As we recover slowly from a dev- flowing back into the State of Texas. It is proven. It is not everything we want. daily activities to take a moment to astating recession, it’s widely agreed that, understand why they will be paying a though deficits should not be cut abruptly But it shows that medical malpractice (lest the economy resume its slump), a pru- reform can reduce health care costs. new tax for each day of their hard- dent society would embark on long-term And what have my friends on the working week. policies to control health costs, reduce gov- other side and a couple on this side Monday is not usually a favored day ernment spending and curb massive future done? They have refused to consider in for most folks during the week—and if deficits. The administration estimates these any significant way what everyone this health care reform passes, it will (deficits) at $9 trillion from 2010 to 2019. The agrees could reduce health care costs be absolutely a miserable day for fami- president and all his top economic advisers lies making less than $200,000 a year. proclaim the same cautionary message. in America. Outrageous. So do not be surprised when our approval rating is That is because 91 percent of you will So what do they do? Just the opposite. start the week off by paying a $200 bil- Their far-reaching overhaul of the health- 18 percent. The approval rating of Con- care system—which Congress is halfway to- gress: 18 percent. And in the townhall lion tax on health insurance. ward enacting—would almost certainly meetings I have been having, I have I have talked about this before at make matters worse. It would create new, not met anybody in that 18 percent. length, this so-called tax on ‘‘Cadillac’’ open-ended medical entitlements that We need truth and honesty in our na- plans. It is actually a 40-percent tax on threaten higher deficits and would do little tional discussion on health care re- high-cost premium ‘‘Cadillac’’ plans. to suppress surging health costs. The dis- But the people who are going to pay for connect between what President Obama says form, not spin, not budget gimmicks, not cuts to Medicare, not higher taxes, these plans and for this tax are more and what he’s doing is so glaring that most likely driving minivans, used cars, and people could not abide it. The president, his not government takeover, and not tril- advisers and allies have no trouble. But rec- lions in new health care spending. cars that are paid off. That is because onciling blatantly contradictory objectives We have $12 trillion in debt, 10 per- it disproportionately impacts middle- requires them to engage in willful self-decep- cent unemployment—17 percent real income families. tion, public dishonesty, or both. unemployment in my State—and an That is new tax No. 1. But there are Those are not my comments, Mr. economy that is still struggling. Mean- more. President. Those are the comments of while, Wall Street makes obscene prof- The 40-percent insurance plan tax is Robert Samuelson, one of the most re- its and bonuses that are unbelievable. what I just talked about. But all told, spected economists in America. We cannot afford another $3 trillion there are seven new taxes in this I want to take another minute to open-ended health entitlement. Ameri- health care bill, and maybe more to talk about how the influence of special cans deserve an honest discussion of come. These new taxes, as shown on interests—I mentioned the pharma- ideas without artificial deadlines, and this chart, fall on some people directly ceutical companies and the deal they real solutions that will bring our sky- and on others indirectly. The non- cut so the administration would oppose rocketing health care costs under con- partisan Joint Tax Committee testified drug importation from Canada, that trol. that these new taxes—however they there would not be competition for Finally, I guess we are told that are named—will act as excise taxes and Medicare patients. But let me talk maybe this evening there may be some- will be passed on to consumers to some about probably the most powerful force thing that will emerge with white extent. in this whole discussion of legislation, smoke from the majority leader’s of- So, on Tuesday, as your kids are get- and that is the trial lawyers of Amer- fice and we will be given the manifesto ting ready to get off for school, do not ica. that he will call health care reform, forget that you will be paying higher There is no provision for medical li- and that will begin a great debate. I be- taxes on insurance premiums because ability or medical malpractice reform lieve the question will be: Will the spe- of a new tax on insurance companies. It in this legislation. In fact, it was cial interests and the big spenders and is the insurance tax. I want to quote a passed by the House that if States have those who are in favor of government letter the Joint Tax Committee wrote. enacted reforms, they will not be eligi- control of health care in America win Remember, this is the nonpartisan ble for any additional funding to try or will the American people win? Joint Tax Committee. They wrote to and fund demonstration projects to re- That is why the American people are me in response to my concern over this duce the cost of medical malpractice. aroused. If they stay aroused, and if we debilitating tax. I quote: Everybody knows, ask any physician, continue to see the tea parties and the An insurer offering a family health plan they will tell you, they practice defen- townhall meetings and the expressions that exceeds the excise tax threshold and is subject to the excise tax faces an increase in sive medicine. They do so because of of anger and frustration the American the cost of offering that health coverage. their fear of finding themselves in people feel, we will beat this back and Generally, we expect the insurer to pass court and being wiped out. Sometimes we will go back to the bargaining along the cost of the excise tax to consumers these additional procedures and tests table—for the first time we will go to by increasing the price of health coverage.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11455 So Tuesday is not a great day either to go up. They lose under this health lines, voted them down. We tried to in this new week of taxes. care bill and these are middle-income apply limitations so these taxes would On Wednesday, our small busi- Americans. not go into effect if they caused con- nesses—the engine of our economy— According to the analysis from the sumer costs to rise. The majority, will be taxed if they do not offer health nonpartisan Congressional Budget Of- again, voted them down. We tried to insurance. That is the employer tax, fice, from which I wish to quote now, prevent these new taxes from hurting tax No. 3. The employer tax will hit these taxes: veterans, but as Democrats first ac- small businesses and make it more ex- Would increase costs for the affected firms, cepted it, they then passed a second pensive to hire workers. I do not think which would be passed on to purchasers and amendment to eliminate the protec- that is a good idea when the Nation is would ultimately raise insurance premiums tions. We tried to ensure that vulner- by a corresponding amount. facing an over 10-percent unemploy- able Americans would not be hit with a ment rate. Those who are hired will see So now it is Sunday, historically a tax increase on catastrophic medical their wages reduced because of the re- day of rest but not for these new taxes. costs. Again, the Democrat majority in quired employer ‘‘responsibility’’ pay- There is one more tax that again falls committee voted it down. After losing ments. That is what they are called. squarely on lower and middle-income every attempt to remove these new, The Congressional Budget Office— families, a penalty excise tax for fail- onerous taxes, we tried to preserve the which again is a nonpartisan entity— ure to obtain insurance. That is tax No. ability of Americans to continue to use has explicitly stated: 7. We are faced with a bill where, ac- their flexible spending accounts. Once Although the surcharges would be imposed cording to the Congressional Budget again, that was voted down by the ma- on the firms, workers in those firms would Office, at least seventy-one percent of jority. ultimately bear the burden of those fees. . . . the individual mandate penalties would The tax credit to small businesses fall on the backs of American families There are at least seven brand new does little to help because it only helps making less than $120,000 a year. Re- taxes in this bill—one, two, three, four, firms with 25 employees or less, and it member what the President said: No five, six, seven new taxes—with more is temporary. Also, this tax credit new taxes on anybody making $250,000 taxes being discussed. Before the final drops off so suddenly for firms with a year or less. Actually, probably over bill is completed, I am sure there will more than 10 employees that some 90 percent of this tax will be paid by be more taxes in this bill. The House firms will be penalized—actually penal- those on whom the President said not bill has a surcharge on small busi- ized—for adding jobs or raising work- one dime in new taxes will be raised. nesses. They are also talking about ers’ pay—clearly, a perverse incentive. Yet under this bill that is coming be- adding a value-added tax, which would So Wednesday is clearly not a good fore the Senate, their taxes are raised be a regressive national sales tax on day for small businesses or their em- and they are raised significantly. everyone, and a new windfall profits ployees, especially those making min- Well, we have run out of days of the tax on insurance companies. There is imum wage. So I hope you didn’t have week, but the Democrats are not fin- even talk of a tax on soda pop. All to call in sick on Thursday, because if ished yet. If you have been using these taxes do is cost Americans more you go to a doctor and get a prescrip- pretax dollars in a flexible spending ac- money without giving them much in tion, there is a new tax on the pharma- count, which most Federal employees return. Even if the spending in this bill ceutical companies that you will pay. have and a lot of other people who are was worthwhile, these sweeping and This is tax No. 4, the drug tax. Don’t employed by other companies have as unreasonable taxes would more than think about using your health savings well, and you pay for services not cov- outweigh the benefits. account or flexible spending account ered by your plan, such as speech ther- It is very clear America’s lower and for the over-the-counter medication apy for a child with autism, you are middle classes will bear the brunt of you need as well. Under the House out of luck under this bill. As I said these new taxes. On top of that, they plan, nonprescription medications can earlier, the Federal spending accounts will not be allowed to keep the insur- no longer be purchased with moneys are capped at $2,500 in this bill, so your ance plans they have. Instead, they from these accounts, and under the income tax will rise as well as your will be forced into a new experimental Senate plan, there is a $2,500 cap for medical expenses. If you have been system that will succeed only in ex- pretax dollars that can be used in these dealing with extraordinarily high med- ploding our deficit spending for genera- accounts. The weekend is so near on ical expenses and have been counting tions to come. Friday; but wait, if you need some lab on qualified medical expenses tax de- So where is the break for hard-work- work done, you will have to pay a new ductions to pay for care or tuition for ing families, we have to ask. Under this tax on clinical laboratories. This is the a special needs school, again, you are plan, they pay for government-run in- lab tax. out of luck. The itemized deduction bar surance to cover more Americans. You think your work is over on Sat- will be raised from 7.5 percent to 10 They lose their own insurance—many urday, but you will still be paying percent of your income in this bill. In of them—along the way, and they more taxes under this bill. If you need other words, this bill hurts those who watch as deficits continue to eclipse surgery, there is a new tax on medical are being hit hardest by medical catas- their children’s futures. That is not devices, such as pacemakers, pros- trophes. thetics, and hearing aids. This is No. 6. In committee, my colleagues and I on even close to the American way. This raises the cost of health care. This the Republican side tried to inject On behalf of millions of American is passed on to the consumers. All some limits to this tax mania. We of- workers, families, and small businesses these taxes have one thing in common: fered an amendment to carve out lower that sent us to Washington to be their They do raise the cost of health care and middle-income families from pay- voice, I cannot stand by and watch the for middle-income Americans. ing taxes. I offered an amendment to majority destroy our chance for mean- My Democratic colleagues may claim protect the middle class, specifically, ingful health care reform that does not they are raising taxes on health care from the onerous penalty excise tax for bankrupt our Nation. I am going to do companies, not people, and people will those who fail to obtain insurance. Un- everything in my power to stop these be better off once all this tax money is fortunately, on party-line votes, the new taxes from becoming reality. I am collected in Washington and then used Democrats voted down those amend- confident, with the American people as subsidies. The truth is, the people ments. behind us, we can stop these new taxes. are paying and many are in the middle I offered an amendment to eliminate We can start over, in a bipartisan way, class who Democrats claim would be the growing threat that the 40-percent and go step by step and come up with spared. It is true some people may, on insurance tax posed to every American health insurance reform that controls a net basis, get more subsidy than they with insurance, but, once again, the costs, preserves and even improves pay in higher taxes, but over 46 million majority voted it down. We offered quality, and doesn’t end up with a gov- middle-income families will pay more amendments to strike some of these ernment-run health care system that than they receive. In other words, their specific, heavy-handed new taxes, but, cuts over $500 billion in Medicare and health care costs in the net are going once again, the majority, on party raises $500 billion in new taxes.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11456 CONGRESSIONAL RECORD — SENATE November 18, 2009 I urge our colleagues to work to- a result of the effort to work with to follow their dreams. Governor gether—not as Republicans and Demo- Bruce in that capacity. His manage- King’s contributions didn’t end there. crats but as Americans—so we can pre- ment of the process and the people in- His leadership was instrumental to the serve the quality of health care we volved with the constitutional conven- creation of New Mexico’s large and en- have enjoyed in this country for so tion was masterful. He was always in- during rainy day funds which to this long but do it in a way that is more af- clusive, he was always listening, and he day continue to provide substantial fordable and provides more access to was always working to get the best re- support for education. He reformed more Americans. sult. In short, he was the model of a New Mexico’s school funding formula I yield the floor and suggest the ab- legislative manager. so that money is equally distributed sence of a quorum. Today I recall being privileged to across the State. Thanks to Governor The PRESIDING OFFICER. The serve as attorney general during King, State education funding now fol- clerk will call the roll. Bruce’s second term as Governor, from lows the student, regardless of income The bill clerk proceeded to call the 1979 to 1982. We worked closely to- or geography. He also was an advocate roll. gether on a number of issues. I was im- for aggressive economic development, Mr. BINGAMAN. I ask unanimous pressed all over again at his knowledge recruiting a new Intel plant to Rio consent that the order for the quorum of New Mexico and his genuine love for Rancho, for the creation of a better, call be rescinded. its citizens. He was gregarious and safer Statewide road system, and for The PRESIDING OFFICER (Mrs. kind. He never knew a stranger. He the establishment of a new border HAGAN). Without objection, it is so or- shook hands with everyone in our crossing with Mexico. dered. State. He shook every hand in our But despite all of these achieve- Mr. BINGAMAN. Madam President, I State, whether there was a voter at- ments, what New Mexicans will most ask unanimous consent to speak as in tached to it or not. People were de- remember Bruce for is something more morning business. lighted to see Bruce coming and to simple and much harder to come by in The PRESIDING OFFICER. Without hear his famous reply when asked: How politicians these days. Bruce was not objection, it is so ordered. are you doing, Governor? He would in politics for the power, for the pres- f reply: Mighty fine—regardless of how tige. He was in politics because of the TRIBUTE TO GOVERNOR BRUCE difficult the circumstances the State people. He loved the people of New KING and he were facing. Mexico and the people of New Mexico— Our friendship extended for 40-plus from Lordsburg to Clayton to Shiprock Mr. BINGAMAN. Madam President, years. With my fellow New Mexicans, I and Carlsbad and everywhere in be- this week, New Mexicans of all polit- will miss him greatly. His sons Bill and tween—loved him right back. Bruce en- ical persuasions have been recalling Gary, his brothers Don and Sam, and joyed nothing more than talking to the life of a legendary figure of our the entire King family have lost tre- New Mexicans. Almost every morning State, Bruce King, who served as Gov- mendously. Every New Mexican feels you would find him doing just that at ernor during three different decades this loss and joins his family in hon- El Comedor Restaurant in Moriarty, and who taught by example that public oring his life. NM. He had a booming voice and was service is an honorable calling. Mr. UDALL of New Mexico. Mr. famous for greeting friends and strang- Governor King died last Friday at President, I rise to celebrate the life ers alike with a handshake and a down the age of 85. He used to tell the story and mourn the passing of one of New home ‘‘How y’all doing? Fine. Fine.’’ about a former Governor who was the Mexico’s great public servants. This I will always remember Bruce as a graduation speaker at Bruce’s high past Friday Bruce King, the three-time true cowboy from Stanley who had the school graduation. The former Gov- Governor of New Mexico and a con- most generous spirit. He always saw ernor looked at the very small class of stant advocate for regular folks, for the best in people. He always did the teenagers and said: the average person, left this world right thing for New Mexico. My family One of you could grow up to be governor of after 85 years of devotion to his family, was fortunate to call Bruce and Alice this state. to his community, and to his State. our friends. Our daughter Amanda even Bruce looked around at his other Bruce King was a self-made man who went to work for Alice in her first job classmates and figured that the Gov- came from modest roots. Back in 1918, out of college. She stayed close with ernor had to be speaking to him. Sure his parents traveled to New Mexico both of them, ever since. enough, in the course of time, and after from Texas and traded their Model T New Mexico will miss the Kings. We serving as Santa Fe County commis- for a homestead tract where they all know our State is a better place for sioner, a State legislator, and speaker raised Bruce and his siblings. Along the their service and dedication to its peo- of the house in New Mexico, he was, in way the elder Kings instilled in their ple. As Governor King is laid to rest fact, elected Governor. In fact, he children an appreciation for a hard this week, I ask my colleagues to join served as Governor for 12 years, longer day’s work, a compassion for people, me in honoring this remarkable public than anyone else in the history of New and a love of public service. servant. Mexico. Bruce carried those lessons into In all of those years, he never failed adulthood and into a life defined by f to make the people of New Mexico his public service. He served in the Army first priority. With him at every step of in World War II, as a Santa Fe County MORNING BUSINESS the way, from their ranch in Stanley to commissioner, as a member of the New Mr. BINGAMAN. I ask unanimous Santa Fe and back again, was the re- Mexico House of Representatives and consent that the Senate be in a period markable Alice Martin King, his wife. later speaker of that same House of of morning business with Senators per- She was a great force in her own right. Representatives and, finally, as a mitted to speak therein for up to 10 She was a champion for children in our three-term Governor elected in 1970, minutes each. State. She died last December. 1978, and then, once more, in 1990. The PRESIDING OFFICER. Without My own history with Bruce King Bruce’s legacy as Governor will be objection, it is so ordered. began when I was just out of law felt for generations. Due in no small Mr. BINGAMAN. I suggest the ab- school. I was serving then as an assist- part to the advocacy of his devoted sence of a quorum. ant attorney general in New Mexico wife Alice, Governor King created a The PRESIDING OFFICER. The and was assigned the job of being coun- new cabinet level department focused clerk will call the roll. sel to the constitutional convention on the welfare of New Mexico’s chil- The bill clerk proceeded to call the which our State had in 1969. Bruce, who dren. We called it the Children, Youth roll. was then speaker of the house, was and Families Department. Thanks to Ms. MURKOWSKI. I ask unanimous elected president of that convention. I Bruce and Alice’s vision, more New consent that the order for the quorum learned a great deal about the legisla- Mexico children are safe and secure. call be rescinded. tive process and about New Mexico his- More are healthy and ready to learn, The PRESIDING OFFICER. Without tory and about our State in general as and more have the support they need objection, it is so ordered.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11457 NOMINATION OF DAVID HAMILTON ican Bar Association raters, many The PRESIDING OFFICER. Is there Ms. MURKOWSKI. Madam President, ‘‘well-qualified’’ in that rating, who objection? when the Senate considers the nomina- had to suffer the filibuster. Without objection, it is so ordered. tion of David Hamilton to the Seventh It would not be my place to venture Mr. INHOFE. I suggest the absence of Circuit U.S. Court of Appeals later this an opinion whether this entered into a quorum. afternoon, I intend to vote no. Some the cloture debate yesterday. However, The PRESIDING OFFICER. The may regard this as perhaps incon- I wish to make clear this is not how I clerk will call the roll. sistent with my vote yesterday when I evaluate judges for confirmation. In The assistant legislative clerk pro- joined with a number of my colleagues voting to end debate on the nomination ceeded to call the roll. on this side of the aisle in voting for of Judge Hamilton, I wanted to make Mr. CASEY. Madam President, I ask cloture on the nomination. I certainly the point that the qualified nominees unanimous consent that the order for do not regard the two positions as in- of a President to the Federal bench de- the quorum call be rescinded. The PRESIDING OFFICER. Without consistent. serve a straight up-or-down vote. This While I do not believe this nominee is what I believe the Constitution ex- objection, it is so ordered. should be confirmed, I do believe judi- pects of this body in most cases. f cial nominees deserve a straight up-or- Having said that, I have substantial HEALTH CARE REFORM down vote. I have come to the Chamber concerns about the elevation of Judge Mr. CASEY. Thank you very much, today to explain my views on the Ham- Hamilton. I have considered his record Madam President. ilton nomination and expand upon why on the Federal district court in Indiana I rise this afternoon to speak about I voted as I did yesterday. as well as criticisms of his record. I re- Our process for consideration of judi- gard it as my personal responsibility to health care. We all have been concen- cial nominees is broken. It has been consider these matters. My confirma- trating on this issue for many months, broken since I came to the Senate in tion votes reflect my personal judg- and we are now into a period of time 2003. In fact, on April 30, 2003, I was ment as to the qualifications of the when we will be getting a bill very soon among 10 freshman Senators, bipar- nominee. to the floor. That is our hope and our tisan, who wrote our respective leaders As a Senator and as a mother, I have expectation. One of the parts of the Health, Edu- to say the confirmation process needed grave concerns about Judge Hamilton’s cation, Labor, and Pensions Committee to be fixed. For reasons I can’t fathom, judgment in recommending executive bill that I voted on, as did the Pre- we still seem to be light-years away clemency for a 32-year-old police offi- siding Officer this summer back in from a process in which a President’s cer who was convicted of violating Fed- July when we passed our bill out of judicial nominees come to the floor ex- eral child pornography laws. The de- committee, one of the real priorities in peditiously for a straight up-or-down fendant pled guilty to Federal charges that bill, and what I believe will con- vote. This is a far cry from the process that he photographed in one case and tinue to be a priority in the final legis- I am told the Senate adhered to prior videotaped in the other sexual encoun- lation before the Senate, is children to 2001 when there existed a strong pre- ters with two women, one age 16 and and what happens to children as a re- sumption against the filibuster of judi- the other age 17. Although it may have sult of health care reform. We have a cial nominees. A cloture vote on a been lawful for the defendant to engage lot to be positive about in terms of leg- nomination was virtually unprece- in these encounters under the laws of islation over the last decade or more as dented. Indiana, it is not lawful to photograph I understand all of that changed in them under the laws of the United it relates to children, and I will speak February of 2001 when our colleagues States. about that. on the other side of the aisle decided Judge Hamilton went out of his way In terms of that guiding principle, I they would engage in the regular prac- to argue that the 15-year mandatory have a very strong belief—and I think tice of blocking the confirmation of minimum sentence imposed by Con- it is the belief of a lot of people in this courts of appeals nominees with whom gress for such violations was a mis- Chamber and across the country—that they had ideological disagreements carriage of justice in this case. He ar- every child in America—every child in through the use of the filibuster proc- gued vociferously that executive clem- America—is born with a light inside ess. ency is warranted. This Senator does them. For some children, that light is Miguel Estrada, deemed ‘‘well-quali- not understand why Judge Hamilton limited by circumstances or their own fied’’ by a unanimous vote of the Amer- would choose this cause to champion. personal limitations, but no matter ican Bar Association, had to suffer While I understand Judge Hamilton has what that light is, we have to make through seven failed cloture votes. imposed substantial sentences in other sure the light for their potential burns This was in his bid to serve on the DC child pornography cases, I do not agree as brightly as we can possibly ensure. Circuit. Finally, he decided to move on with his reasoning in this matter and For some children, of course, that light with his life. cannot, in good conscience, support his is almost boundless. You almost can’t Priscilla Owen, also a recipient of a confirmation. measure it because the child has ad- unanimous ‘‘well-qualified’’ rating by With that, Madam President, I appre- vantages other children don’t have or the ABA, suffered through four failed ciate the attention of the Chair. I yield they have a family circumstance that cloture votes before ultimately being the floor. allows them to grow and to develop confirmed to the Fifth Circuit. I suggest the absence of a quorum. and, therefore, to learn and to be very David McKeague, a Sixth Circuit The PRESIDING OFFICER. The successful. But I believe every child in nominee, unanimously deemed ‘‘well- clerk will call the roll. America is born with a light, and what- qualified’’ by the ABA was filibustered. The bill clerk proceeded to call the ever the potential is for that child, we I could go on. roll. have to make sure he or she realizes it. In the 2003 letter, my cosigners and I Mr. INHOFE. Madam President, I ask We have a direct role to play. Those of noted that in some instances when a unanimous consent that the order for us who are legislators, those of us who well-qualified nominee for the Federal the quorum call be rescinded. are working on the health care bill bench is denied a vote, the obstruction The PRESIDING OFFICER. Without have an obligation, I believe, to make is justified on the ground of how prior objection, it is so ordered. sure that light shines ever brightly. nominees, typically the nominees of a f One of the other themes under this previous President, were treated. effort to expand health care for Ameri- Without doubt, a number of Presi- ORDER OF PROCEDURE cans is to focus on children who happen dent Bush’s nominees to the U.S. court Mr. INHOFE. Madam President, it is to be either poor or who have special of appeals were treated unfairly by this my understanding—and I wish to reaf- needs. I believe the goal of this legisla- body. Off the top of my head, I can firm this with a unanimous consent re- tion, as it relates to those children, probably count 11 nominees to the quest—that I will be recognized at the those who are poor or children with courts of appeals, each of whom was hour of 1:30 for, let’s say, 1 hour 10 min- special needs, is four words: ‘‘No child deemed qualified to serve by the Amer- utes. worse off.’’ We need to ensure that a

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11458 CONGRESSIONAL RECORD — SENATE November 18, 2009 poor child isn’t worse off at the end of bill got through not just the commit- I wish to spend a couple moments on this debate and enactment of health tees but through the House itself. One EPSDT. I will go to the first chart. The care reform and that a child with spe- of the problems with the House bill is Commonwealth Fund and George cial needs is not worse off. I think that it would end the Children’s Health In- Washington University did an excellent is the least we should do when it comes surance Program in 2013. We don’t comparison of the benefits between to protecting our children. want to do that. We want to make sure, commercial insurance and Medicaid. There are at least two programs—one in the Senate, we do it differently than The first benefit we have on this chart older than the other but both very im- the House did. is called developmental assessment. portant—that relate to our children. One component that is good about Some of these terms get a little long The older of the two programs is the the House bill on this subject, however, and there is a lot of policy jargon. One Medicaid Program. It has been around is it does expand Medicaid. The House of the most important things for any for more than 40 years now. Medicaid, bill expands Medicaid for children to child, especially very young children, as it pertains to children, is a program 150 percent of poverty for all States, is to have regular and high-quality de- we have come to rely upon to provide and States would get assistance in pay- velopmental assessments, so we can children with very good medical care, ing for this expanded population. But catch anything that might be going the best medical care, in some ways, then there is another caveat in terms wrong at an early enough age and give that a child can have. We have to make of what I think has to be improved that child the benefit of early interven- sure we pay attention to how Medicaid upon in the Senate. Children above 150 tion and treatment in the dawn of their is treated in this bill. We will talk a percent of poverty will go into a new lives, in the early months and years of little bit more about that in a moment. exchange, which I think is, as I said be- their lives. We can see, under Medicaid, In Pennsylvania, the State I rep- fore, the wrong way to go. We want to for example, that this developmental resent, we have a 15-year experiment make sure, if something such as that assessment is covered. We can also see with the Children’s Health Insurance were to happen, they would have cost- that under the Federal Employees Program or CHIP. The one thing we sharing protections and better benefits. Health Benefits Plan, there is a lot of know about CHIP is it works. It works Unfortunately, if they go into that ex- verbiage there which I will not read, very well for children. As we know, in change, they would not. This could but suffice it to say it is limited. It is a general sense, the Children’s Health have a direct impact on a State such as not covered to the extent it is in Med- Insurance Program is for children of Pennsylvania. By one estimate, in icaid. low- and middle-income families in Pennsylvania alone, this means that Another example is this phrase down America who can’t get coverage from nearly 100,000 children who currently here: ‘‘Anticipatory guidance,’’ another their employer, for one reason or an- have children’s health insurance cov- fancy term of policy, but it is this sim- other, and don’t have a family income erage would lose it because of that ple: It is helping parents understand that is low enough to qualify for Med- change. So we want to make sure we what they should be expecting from icaid. So it fills a gap that had been don’t go in the direction the House did their child physically, emotionally, there for years. We know, with regard and developmentally so they can get to the Children’s Health Insurance Pro- as it relates to this issue of children’s health insurance and the exchange— help, as I said before, early enough in gram, today there are about 7.8 million the life of that child. This kind of guid- children covered. That is wonderful. I keeping it out of the exchange. We do need to expand Medicaid for ance, again, is covered under Medicaid am very proud and happy about that, children and we need to maintain CHIP but not explicitly covered under the but we are even happier and more posi- as a stand-alone program. What are Federal Employees Health Benefit Pro- tive about the future because the reau- some of the numbers here? We are talk- gram, which, as a beneficiary of that thorization of the Children’s Health In- ing about nationally, in the Medicaid program, is a great health insurance surance Program means that by 2013, Program, 30 million children enrolled program for Federal employees, but 7.8 million children covered will rise to even something that significant, in 14.1 million children. So an easy way to in Medicaid. As I said before, enrolled in CHIP are 7.8 million kids. Putting terms of coverage and quality, would think about children’s health insur- not be, in my judgment, good enough them together we have one-third of all ance is 14 and 13: 14 million kids cov- for poor children who should be covered children in America covered by those ered in the year 2013. That is a tremen- in terms of developmental and antici- two programs. But as I said before, we dous achievement—historic in Amer- patory guidance with their parents still have plenty—millions and mil- ican history. We have never had any- under Medicaid. So Medicaid is better thing close to that, to have 14 million lions—of children who still are not cov- for poor children than even something children covered in a good program ered by either program. as significantly good as the Federal We hear a lot of acronyms around such as CHIP. employees plan. The caveat to that is we still have here, but one important acronym for Let me go to the next chart. I know millions—by some estimates 8 mil- this debate, as it relates to children we are getting close to our time and I lion—of children who will not be cov- and to health care, is EPSDT: early pe- will be observing that. This chart ered even in 2013. One of the reasons we diatric screening diagnosis and treat- shows EPSDT as it relates to physical, are debating health care reform is to ment. The American Academy of Pedi- speech, and related therapies. We have make sure we are doing everything pos- atrics has called EPSDT the ‘‘gold heard horror stories from mothers of sible to strengthen the Children’s standard’’ for children’s health care. children with disabilities—either mild Health Insurance Program and do not This is essential that we keep that or severe. Physical therapy, speech allow it to be weakened in any way. kind of standard in place. That means therapy, and occupational therapy, One way to weaken it—and fortu- Medicaid, for example, covers all medi- these are all critical to a child who nately the Senate Finance Committee cally necessary treatment for children, may have a disability. Sometimes did not do this in their final bill—is to including preventive care, primary early intervention can help a child re- take a stand-alone, successful, effec- care, dental, hearing, vision, and it cover to normal functioning and some- tive Children’s Health Insurance Pro- goes down the list. times it is a disability that persists gram and put it in the health insurance Unfortunately, sometimes people throughout a child’s life. Under Med- exchange. It may sound good—within say: Well, under commercial coverage icaid, again, beyond the medically nec- one system—but I believe, and many you will get as much coverage for chil- essary threshold, basic therapies, such others believe, it would be very bad. dren of the same quality. Unfortu- as physical, speech, and occupational The Finance Committee, led by Sen- nately, that is not true. There may be therapy, are covered without limita- ator ROCKEFELLER, worked very hard advantages to provider networks of tion. I think it is vitally important we to make it possible to keep the Chil- commercial coverage for families who ensure that under Medicaid we con- dren’s Health Insurance Program as a are wealthy enough, have the means to tinue to fortify that program so our separate stand-alone program. I believe afford it and who can get out of the children can get that kind of quality we have to do that. network and pay for something extra, coverage. As we know, legislation passed re- but, of course, many families don’t Let me conclude with a couple cently in the House. The health care have that benefit. thoughts, very briefly. No. 1 is, at the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11459 end of this process of getting a health ready to succumb to the demands of they have had—I don’t know how care bill enacted, I believe we have to the U.N. I say demands of the United many. They started in 1999, I think. live up to that basic standard of four Nations because there are so many peo- They had the one in Milan, Italy, in words for poor kids: ‘‘No child worse ple in this Chamber who think if some- 2003, the only one I went to. They were off’’ at the end of the road. Dr. Judith thing isn’t multinational, U.N. or inviting all the countries to come in Palfrey, a pediatrician, child advocate, something else, it is not good. You and join this club, saying we are going and president-elect to the American have to ask: Whatever happened to sov- to do away with CO2. Academy of Pediatrics, spoke at one of ereignty in this country? It is interesting that one of the par- our hearings earlier this year, and here Not too long ago, the Copenhagen ticipants I ran into in 2003 was from is what she said: meeting was hailed as a time that all West Africa—and I remember this well Sometimes, we as child advocates find it this would come to an end and they because I knew this guy knew better. I hard to understand why children’s needs are would be successful and pass in this said: What are you here supporting this such an afterthought and why, because chil- country the largest tax increase in his- for? He said: This is the biggest party dren are little, policymakers and insurers tory. In reality, it will be a disaster. of the year. We have 190 countries com- think that it should take less effort and re- Failure comes at a high cost. Despite ing in, and it is a big party. It is all sources to provide them with health care. the millions of dollars spent by Al you can eat and drink. So anyway, the I think that challenges all of us to Gore, the Hollywood elite, the U.N., United States is not going to support a make sure children are not second- climate alarmists, it has failed. global warming treaty that will signifi- class citizens when it comes to health Perhaps the Wall Street Journal said cantly damage the American economy, care reform and what we do. it best in an article entitled ‘‘Copenha- cost American jobs, and impose the Let me conclude with this thought: gen’s Collapse.’’ I will read this because largest tax increase in American his- As I said before about that bright light I think it is worthwhile: tory. Further, as I stated in 2003, unless developing countries are part of the inside every child who is born, we have The Climate Change Sequel is a Bust. binding agreement, the United States to do everything possible to make sure The editorial states: that at the end of the road, at the end will not go along, given the unemploy- ‘‘Now is the time to confront this chal- of this debate, and at the end of voting ment rate of 10 percent—10.2 now—and lenge once and for all,’’ President-elect given all the out-of-control spending in on this bill, we ensure that that light Obama said of global warming last Novem- burns ever brightly, especially for chil- ber. ‘‘Delay is no longer an option.’’ It turns Washington. The last thing we need is dren who happen to be poor or have out that delay really is an option—the only another 1,000-page bill that increases special needs. one that has worldwide support. Over the costs and ships jobs overseas, all with With that, I yield the floor and note weekend, Mr. Obama bowed to reality and no impact on climate change. the absence of a quorum. admitted that little of substance will come That was in Milan, Italy. I remember The PRESIDING OFFICER. The of the climate change summit at Copenhagen in Milan, Italy, all the telephone poles next month. For the last year, the President had my picture on them, ‘‘wanted’’ clerk will call the roll. has been promising a binding international The assistant legislative clerk pro- posters, because of something I said, carbon-regulation treaty a la the Kyoto Pro- which I will quote in a minute. I said ceeded to call the roll. tocol. then that the science was not settled, Mr. INHOFE. Madam President, I ask We remember that. and it was an unpopular view. Since Al unanimous consent that the order for But instead, negotiators from 192 countries Gore’s science fiction movie, more and the quorum call be rescinded. now hope to reach a preliminary agreement more scientists, reporters, and politi- The PRESIDING OFFICER. Without that they’ll sign such a treaty when they cians are questioning global warming objection, it is so ordered. meet in Mexico City in 2010. alarmism. I am proud to declare 2009 Mr. INHOFE. Madam President, I un- Wait a minute. That is 2010. That is the year of the skeptic, the year in derstand that according to the unani- next year. This year, it hasn’t even which scientists who question the so- mous consent agreement, I have the come yet. This is Copenhagen 2009. called global warming consensus are floor for a period of time now. I am continuing to read: being heard. The PRESIDING OFFICER. The Sen- The environmental lobby is blaming Co- Rather than continue down a road ator is correct. penhagen’s preemptive collapse on the Sen- that will harm the U.S. economy and f ate’s failure to ram through a cap-and-trade international community, we should scheme like the House did in June, arguing forge a new path forward that builds on GLOBAL WARMING that ‘‘the world’’ won’t make commitments international trade, new and innova- Mr. INHOFE. Madam President, next until the United States does. But there will always be one excuse or another, given that tive technology, jobs, development, and month, thousands of U.N. delegates economic growth. from over 190 nations, members of the developing countries like China and India will never be masochistic enough to subject If you have followed the Senate, you press, and eco-activists from around their economies to the West’s climate neu- will know that the Senate’s position on the world will descend upon Copen- roses. Meanwhile, Europe has proved with global warming treaties couldn’t be hagen as a part of the U.N. Conference Kyoto that the only emissions quotas it will more clear. In 1997, let’s remember on Global Warming. Yet, even before it accept are those that don’t actually have to what happened then. President Clinton begins, that U.N. conference is being be met. and Vice President Al Gore were at- called a disaster. We say that because many of these tempting to get us to ratify the Kyoto Just this morning, the Telegraph—a Western European countries made com- treaty. We passed something in the UK newspaper—noted: mitments for emissions and they have Chamber called the Byrd-Hagel resolu- The worst-kept secret in the world is fi- not met them. tion. It passed 95 to 0. It said this: If nally out—the climate change summit in Co- During my position as chairman and you bring back anything from Kyoto or penhagen is going to be little more than a ranking member of the Environment anywhere else for us to ratify, and if photo opportunity for world leaders. and Public Works Committee, since that treaty we are supposed to ratify Not too long ago, however, the Co- 2003, I have been the lead Senator either doesn’t include developing coun- penhagen meeting was hailed to be the standing and exposing the science, the tries or is harmful to our economy, time when an international agreement cost, and the hysteria about global then we will not ratify it. I think the with binding limits on carbon dioxide warming alarmism. I will be traveling Byrd-Hagel resolution still commands and other greenhouse gases would fi- to Copenhagen leading what has been strong support in the Senate. There- nally be agreed upon. called the truth squad, to say what I fore, any treaty President Obama sub- The eco-activists believed that with a said 6 years ago in Milan, Italy. Let’s mits must meet this criteria or it will Democratic President in the United keep in mind what these meetings are. be easily defeated. States and a Democratically controlled The U.N.—that is where this all start- Proponents of securing an inter- House and a Democratically controlled ed, with the IPCC at the U.N.—said national treaty are slowly acknowl- Senate, we would finally push through that the world is going to come to an edging that the gulf is widening be- mandatory cap-and-trade legislation, end because of CO2 emissions. They tween the United States and other in- and the United States would finally be started having these meetings, and dustrialized nations that are willing to

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11460 CONGRESSIONAL RECORD — SENATE November 18, 2009 do what developing countries such as Wharton School of Economics and get, according to his own scientist, Dr. China want them to do. The gulf has their forecast at that time. I went on Tom Wigley, 0.07 of 1 degree Celsius. always been wide, but it is continuing to note that CBO found that ‘‘cap and I also mentioned in the 2003 speech to get wider. When we talk about China tax’’ is a regressive tax, arguing that everyone’s favorite alarmist, James and about the fact that they are talk- the Congressional Budget Office found Hansen. I said at that time: ing about restricting CO2 emissions in that the price increases resulting from Similarly, Dr. James Hansen of NASA, the United States, some think that a carbon cap would be regressive; that considered the father of global warming the- surely China will follow our lead. It is is, they would place a relatively great- ory, said the Kyoto Protocol ‘‘will have little interesting that China is cranking out er burden on lower income households effect’’ on global temperature in the 21st two coal-fired power-generating plants than on higher income ones. As to the century. In a rather stunning follow-up, Han- every week. broader macroeconomic effects of car- sen said it would take 30 Kyotos—let me re- With certain failure at Copenhagen, peat that—30 Kyotos to reduce warming to bon cap-and-trade schemes, CBO said: an acceptable level. If one Kyoto devastates it is safe to say cap and trade is dead. A cap and trade program for carbon emis- the American economy, what would 30 do? Look at the record: the Byrd-Hagel sions could impose significant costs on the amendment in 1997, the defeat in the economy in the form of welfare losses. Wel- Those following the climate debate Senate of the McCain-Lieberman bill in fare losses are real costs to the economy in closely know James Hansen went on 2003, and defeat of McCain-Lieberman that they would not be recovered elsewhere record this summer against the Wax- in 2005, defeat of the Warner-Lieberman in the form of higher income. Those losses man-Markey-Kerry-Boxer bill. It is not would be borne by people in their roles as going to pass now. At that time, it bill, and no bill on the Senate floor in shareholders, consumers, and workers. 2009. looked as if it was going to pass. Even From my very first speech on the Some might respond that govern- James Hansen, one of the strongest Senate floor as chairman of the Envi- ment can simply redistribute income proponents, said: ronment and Public Works Committee, in the form of welfare programs to Cap and trade is the temple of doom. It on July 28, 2003, I outlined the stag- mitigate the impacts on the poor, but would lock in disasters for our children and gering cost of global warming solutions CBO found otherwise. They said: grandchildren. Why do people continue to worship a disastrous approach? Its such as Kyoto. In my speech, I said the The government could use the allowance value to partly redistribute the costs of a fecklessness was proven by the Kyoto Pro- most widely—I am quoting now from tocol. what I stated in 2003: carbon cap-and-trade program, but it could not recover these costs entirely. That is James Hansen on the other The most widely cited and most definitive side of the issue. economic analysis of Kyoto came from Further: Wharton Econometric Forecasting Associ- Available research indicates that providing Now we have top Obama officials ates. compensation could actually raise the cost making the same points. EPA Adminis- According to the Wharton School, to the economy of a carbon cap. trator Lisa Jackson was before our their economists, Kyoto would cost 2.4 That was what we quoted from the committee. Keep in mind, she is an million U.S. jobs, reduce GDP by 3.2 CBO in 2003. Yet, as the saying goes, Obama appointee. She is now Adminis- percent, and that would equate to the more things change, the more they trator of the EPA. She said in response somewhere between a $300 billion and stay the same. CBO, EPA, the DOE, to a question I had—I said: Is this chart $330 billion tax increase annually—an CRS, the National Black Chamber of correct? In other words, if we were to amount greater than the total expendi- Commerce, NAM—everyone now agrees pass this bill and to restrict our emis- ture on primary and secondary edu- that cap and trade would be extremely sions of CO2, would it have any effect? cation. costly and destroy jobs. No matter how She said: No, I agree with that chart. In terms of a tax, when I looked at hard alarmists try to recast their Of course, I am encouraged. She said: that tax—and this was back in 2003 and cause—whether it is green jobs or clean I believe the central parts of the [EPA] they talked about a $300 billion tax in- energy jobs or clean energy revolu- chart— crease—I wanted to look and see how I tion—and they are starting to reword That is this chart— could better understand that. I recall, it from ‘‘global warming’’ to ‘‘climate are that U.S. action alone will not impact prior to that, the largest tax increase change.’’ The general public has real- world CO2 levels. in the last three decades was called the ized global warming isn’t taking place, I often said how I appreciate the hon- Clinton-Gore tax increase of 1993. That and they cannot use that, so they esty of Lisa Jackson. It is difficult for tax increase was a $32 billion tax in- changed that to climate change. Now her to admit that if we passed a bill, it crease. I thought, wait a minute, we they cannot use that anymore, and would not have any effect on reducing are about to impose upon the American they can’t use cap and trade, so they worldwide emissions of CO2. people a tax increase that is 10 times talk about a green jobs program. You could carry that argument a lit- greater than the 1993 Clinton-Gore tax Cap and trade is a loser for America. tle bit further because if we were to ra- increase. This chart shows what that I have also pointed out the inconven- tion CO2 in our country, that would would be. These are the tax increases. ient fact that cap-and-trade solutions cause jobs to leave. We understand This is the increase we are talking are all pain and no climate gain. In the that. They would go to countries such about, the $32 billion tax increase. This first speech in 2001, I noted that even as China, India, and Mexico, where is what it would have been had we Al Gore’s own scientist admitted Kyoto they don’t have any restrictions at all. signed the Kyoto treaty or any of the would do nothing to solve global warm- So it would have the effect of increas- accords since that time. So we are ing. Let me refresh the memory of the ing CO2. talking about huge amounts of money. American people. In 2003, Al Gore had Over the past several years, we have I said that because of Kyoto, American hired Dr. Tom Wigley, a senior sci- seen a growing number of Democrats— consumers would face the higher food, entist at the National Center for At- yes, Democrats—agreeing with my po- medical, and housing costs—costs for mospheric Research. The challenge he sition. Today, with a Democratic Con- food, an increase of 11 percent; medi- posed to him was, if we, along with all gress and a Democratic President, cine, an increase of 14 percent; housing, other developed nations, were to sign some may be surprised by the number an increase of 7 percent; and at the on to the Kyoto Treaty and live by its of Democrats who want nothing to do same time, an average household of 4 emissions restrictions, how much with cap and trade. would see its real income drop by $2,700 would this reduce the temperature in Politico—we are all familiar with in 2010 and each year thereafter. Under 50 years? that publication—reported on Monday Kyoto, energy and electricity prices The answer was it would be 0.07 of 1 that: would nearly double, and gasoline degree Celsius by 2050. It would actually be 0.13 degrees Celsius by 2100. Lawmakers from coal and manufacturing- prices would go up an additional 65 heavy States aren’t happy that more liberal cents a gallon. These things are not even measurable. Democrats are using the Copenhagen nego- Again, we are not talking about JIM We go through 50 years of the highest tiations to ratchet up pressure to move the INHOFE, a Senator, making these state- tax increase in the history of America. bill forward. ‘‘I’m totally unconcerned about ments. This was actually out of the What do we get for it? Maybe you will Copenhagen.’’

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11461 This is a quote by Democratic Sen- for next year to focus on job creation. None primarily due to the moratorium set ator Jay Rockefeller from West Vir- of this is promising for the major climate by Democrats saying: We don’t want ginia. change bill. you to drill offshore or some of these He said: That was a quote that came out of other places. It seems inconceivable to I’m concerned about West Virginia. Politico. me that we are the only nation in the Also, Darren Samuelsohn with E&E I am glad to hear some of my Demo- world that does not develop its own re- News reported this week that: cratic colleagues making these state- sources. ments. Next November’s midterm elections loom Anyway, the tipping point from the large, leaving the climate bill sponsors until most memorable tidbit from my 2-hour They also reported—still quoting about the end of March to notch the 60 votes from Politico: global warming speech in July of 2003 necessary to pass their bill off the floor and was my comments about the science Virginia Democratic Sen. Jim Webb said into a conference with the House that would behind global warming. Now 6 years on Monday he would not back the cap-and- best be finished before the summer. ‘‘Con- trade legislation sponsored by Sens. John ventional wisdom is that you have until the later, as I head to the next U.N. global Kerry and Barbara Boxer, another blow to spring to get controversial issues moving,’’ warming conference, I am pleased by the troubled Senate climate change bill. ‘‘In said Sen. Ben Cardin, a lead co-author of the the vast and growing number of sci- its present form I would not vote for it,’’ he climate bill that the Environment and Pub- entists, politicians, and reporters all said. ‘‘I have some real questions about the lic Works Committee passed earlier this over the world who are publicly reject- real complexities on cap and trade.’’ Webb is month. ‘‘If not, it’s difficult to see getting ing climate alarmism, those who want the latest in a series of Democratic mod- through closer to the elections.’’ to scare people into some kind of ac- erates to raise significant concerns with the What he is saying there, when you climate bill, which has floundered since pass- tion: Water is going to rise up, the ing the House in late June. get closer to the elections, then you world is coming to an end—all of that. want to be more consistent with what They are rejecting these alarmists That is quite some time ago. Americans believe. now. Or consider Democratic Senator BEN Mr. Samuelsohn reported that the When I made those comments on the NELSON from Nebraska. The Hill re- Democrats fear a repeat of the disas- Senate floor, few people were there to cently reported on a CNBC interview trous 1992 Btu tax vote. He quotes Al stand with me. Today, I have been vin- with Senator NELSON, writing: Gore as saying, ‘‘Yes, I think the Btu dicated, and I am proud to share the ‘‘A cap-and-trade bill to address climate [post-traumatic stress disorder] is a stage with all those who now dare to change cannot pass Congress this session,’’ factor in this debate.’’ question Al Gore, Hollywood elites, and said Sen. Ben Nelson, Democrat from Ne- braska. Nelson, a centrist Democrat whose To refresh your memory, Madam the United Nations. vote is key to leaders wielding its 60-vote President, the Btu, back in 1992, was a Early in my 2003 speech, 6 years ago, majority in the Senate, said he and his con- huge tax increase on energy. People re- I said: stituents had not been sold on the cap-and- alized they would have to pay for it. Much of the debate over global warming is trade system proposed in the House and Sen- That passed the House, ironically, with predicated on fear rather than science. Glob- ate bills to address global warming. ‘‘No,’’ 219 votes, the same narrow margin this al warming alarmists see a future plagued by Nelson simply responded when asked if those cap-and-trade bill passed 15 years later. catastrophic flooding, war, terrorism, eco- cap-and-trade bills can pass through this Samuelsohn also writes that accord- nomic dislocations, droughts, crop failures, Congress during an interview with CNBC. ‘‘I mosquito-borne diseases, and harsh weath- ing to Democratic Senator JAY ROCKE- haven’t been able to sell that argument to er—all caused by man-made greenhouse gas my farmers, and I don’t think they’re going FELLER of West Virginia, ‘‘the talk on emissions. to buy it from anybody else,’’ Nelson said. ‘‘I the street’’ was that an election year For the next 2 hours, I presented ar- think at the end of the day, the people who cannot be good for passing the climate guments by a number of leading sci- turn the switch on at home will be disadvan- bill in the Senate, even though he did entists who disputed that picture of taged.’’ The pessimistic assessment makes not agree with that opinion. ‘‘There’s the future. I argued that activists at- Nelson a thorn in the side of his party’s lead- some possibility of people saying that ers— tempting to propagate fear would fail it’s too controversial a bill in an elec- to convince the American people. I Who are trying to push this through tion year,’’ quoting Rockefeller, then concluded my remarks saying: from the Democratic Party. ‘‘which is sort of the opposite of how a Perhaps the biggest blow to any Sen- With all the hysteria, all the fear, all of democracy ought to work.’’ I do agree the phony science, could it be that man- ate climate bill came last week from 14 with him on that. ‘‘You go ahead and made global warming is the greatest hoax Senate Democrats, primarily from the take your chances on that and get re- ever perpetrated on the American people? It Midwest, who in a letter challenged the elected. But people’s business should sure sounds like it is. allocation formula of Kerry-Boxer and come first.’’ My remarks were immediately ridi- Waxman-Markey. The letter was signed By now the message should be clear: culed by alarmists in the mainstream by Senators AL FRANKEN, AMY It is not just Republicans but Demo- media. Alarmists then and since have KLOBUCHAR, MARK UDALL, MICHAEL crats who are blocking passage of cap used every name in the book to dis- BENNET, ROBERT BYRD, CARL LEVIN, and trade in the Senate. The sooner we credit me. Nevertheless, I continued to DEBBIE STABENOW, and SHERROD are honest with the international com- make my case in speech after speech on BROWN. munity of the impossibility of the Sen- the Senate floor, highlighting argu- What about the prospects for 2010? As ate moving forward with cap and trade, ments by numerous scientists that con- Lisa Lerer of Politico reported last the sooner we can begin work on an all- tradicted the notion that the science week: of-the-above energy bill to develop do- behind global warming was ‘‘settled.’’ An aggressive White House push on jobs mestic energy resources, create jobs, Every time you quote a scientist, and deficit reduction in 2010 may be yet an- and provide consumers with affordable, they always come back and say: Oh, other sign that climate-change legislation reliable energy. no, you can’t talk about the science; will stay on the back burner next year. I don’t like the idea that sometimes the science is settled. ‘‘There is a growing chorus in the party that promoters of cap and trade say this is The first time the McCain-Lieberman thinks we should be doing something more to spur job creation and not necessarily an energy bill. What you are doing is bill came to the Senate floor was 2003. tackle cap and trade right now,’’ said a mod- restricting energy. Right now, we are McCain-Lieberman was essentially a erate democratic Senate aide. White House dependent on coal, oil, gas, and, hope- cap-and-trade bill similar to what we officials told Politico on Friday that Presi- fully in the future, nuclear. Those who are looking at today. I remember well, dent Barack Obama plans to curb new do- are pushing for this green energy, Republicans were in the majority. I mestic spending beyond jobs programs and which we all want someday—what do was chairman of the Senate Environ- focus on cutting the federal deficit next we do 10, 15, 20 years from now? Just 2 ment and Public Works Committee. I year. In the Senate, Majority Leader Harry weeks ago, they came out with a study can remember we were given 5 days on Reid has hinted that Democrats plan to take up a job-creation bill, in the wake of the an- that said the United States of America the floor to debate this bill, 10 hours a nouncement of the 10.2 percent unemploy- is No. 1 in possession of recoverable day, roughly 50 hours. I remember ment rate. In the House, some lawmakers natural resources. Yet 83 percent of going over this and debating this on are beginning to push a major highway bill these natural resources are off limits, this very floor of the Senate in 2005. It

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11462 CONGRESSIONAL RECORD — SENATE November 18, 2009 was the McCain-Lieberman bill, and an attempt to prove man’s over- Lake Chad, despite NASA scientists only two Senators came down during whelming impact on the climate. He concluding that local population and that week to give me support. Fast for- attempted to minimize the significance grazing factors are the more likely cul- ward to 2008. The same bill came up, of the medieval warm period and the prits. He inaccurately claimed polar except this time it was called the War- little ice age. bears are drowning in significant num- ner-Lieberman bill, another cap-and- Let’s put them together. If you re- bers due to melting ice when in fact trade bill, just like we are talking member the famous hockey stick, that they are thriving. about today. At that time, it didn’t was the one that showed climate, in- The population of the polar bear has take 5 days to defeat it; it took 2 days, creasing temperature, and then all of a quadrupled since 1960 and today, of the and 23 Senators came down to join me sudden there is a hockey stick. That is 13 polar bear populations in Canada, in that effort. What do I credit for the when it started going up. they are all increasing except for one reversal? You might be surprised by It ignored the fact that in the 14th and that is in the western Hudson Bay my answer. It is none other than the century and again in the 16th century area where they have hunting regula- winner of a Nobel Peace Prize and an we had the medieval warm period and tions and issues they are working on Oscar. It is Al Gore. the little ice age. In the medieval now not related to weather. The media blitz of 2006, which in- warm period it was far warmer than it He completely failed to inform the cluded an avalanche of magazine cov- has been since that time. viewers that the 48 scientists who ac- ers, hour-long global warming docu- In that same movie, insisting on a cused President Bush of distorting mentaries, celebrity rock concerts link between increasing hurricane ac- science were part of a political advo- around the world, and, of course, Al tivity and global warming that most cacy group set up to support Demo- Gore’s very own science fiction movie, scientists at this time do not believe— cratic Presidential candidate John caused an unprecedented response from and it doesn’t exist. The science has Kerry in 2004. scientists from around the world. come out since that time and said very You could make a whole speech on Later that year, I took to the Senate clearly that science is not there. Every each of the assertions made in that floor debunking much of Al Gore’s year they say this coming year it is science fiction movie called ‘‘An Incon- movie and the media hype. I said going to be greater hurricanes. It venient Truth,’’ and they have been then—and this is, again, 2006: doesn’t happen. For 5 consecutive years disproven. At the end of the speech I In May, our Nation was exposed to perhaps they predicted that and it hasn’t hap- challenged those in the media to re- one of the slickest science propaganda films pened. verse course and report on the objec- of all time: former Vice President Al Gore’s He asserted that today’s Arctic is ex- tive science of climate change, to stop ‘‘An Inconvenient Truth.’’ In addition to periencing unprecedented warmth, ignoring legitimate voices in the sci- having the backing of Paramount Pictures while ignoring that the temperatures entific community, question the so- to market this film, Gore had the full back- in the 1930s were warmer than in that called consensus, and to stop acting as ing of the media, and leading the time. He claimed the Antarctic was a vehicle for unsustainable hype. cheerleading charge was none other than the warming and losing ice, but failed to The reaction by the American public Associated Press. note this is only true of a small region was so overwhelming that my Senate I noted a report that appeared on and that the vast bulk has been cooling Web site crashed after that. Thousands June 27, 2006, by Seth Borenstein of the and gaining ice during that period. He of people came to my site to read and Associated Press that boldly declared hyped unfounded fears that Green- watch the speech. In fact, I was flooded ‘‘Scientists give two thumbs up to land’s ice is in danger of disappearing. with e-mails supporting the work. Gore’s movie.’’ I took issue with the If you were to say that maybe there I also noted in 2006, in that speech, Borenstein article and pointed out— is some truth in the global warming many scientists were just starting to and this is a quote from 3 years ago: issue, I had occasion, I say to my good speak out against the so-called con- ‘‘The article quoted only 5’’—listen, friend who is presiding, a few years sensus on global warming. In April of Madam President—‘‘only 5 scientists ago, not too many years ago—my back- that year, 60 prominent scientists who praising Gore’s science, despite AP’s ground is aviation. I decided to rep- questioned the basis for climate having contacted 100 scientists.’’ licate the flight of Wylie Post going alarmism sent a letter—these were Ca- They contacted 100 scientists and around the world. One of my stops nadian scientists, 60 of them sent a let- they could only find 5 scientists who there, where Wylie Post stopped, was ter to the Canadian Prime Minister and praised it. in Greenland. Their history books are they wrote: The fact that over 80 percent of the sci- full of the time things were flourishing If, back in the mid-1990s we knew what we entists contacted by the AP had not even in Greenland. The Vikings came in, know today about climate Kyoto would al- seen the movie or that many scientists have they were growing things that hadn’t most certainly not exist, because we would harshly criticized the science presented by been grown. Then when the cycle went have concluded it was not necessary. Gore did not dissuade the news outlet one bit I say that because Canada was one of the from its mission to promote Gore’s brand of through and it started getting colder, countries that did sign onto the Kyoto trea- climate alarmism. I am almost at a loss [I they died and disappeared. I think you ty. They are saying today, if we had known am quoting from 3 years ago] as to how to can argue we are going to have these then what we know now, we wouldn’t have begin to address the series of errors, mis- cycles. God is still up there. We have done it. leading science and unfounded speculation always had Him; we are going to con- I discovered how many prominent that appear in the former Vice President’s tinue to have Him. scientists were disputing the claims of film. Here is what Richard Lindzen, a mete- Back to the film. He erroneously global warming alarmism in 2007 and I orologist from MIT, has written about ‘‘An claimed the icecap on Mount Kiliman- Inconvenient Truth.’’ He said: ‘‘A general released my first report detailing over characteristic of Mr. Gore’s approach is to jaro is disappearing—and that is not 400 scientists who did not buy the con- assiduously ignore the fact that the Earth supported—due to global warming, sensus. If you want to go back to any and its climate are dynamic; they are always even while the region cools and re- of these, I have a Web site, changing even without any external forcing. searchers blame the ice loss on local inhofe.senate.gov. You can see who To treat all change as something to fear is land use practices. they are. bad enough; to do so in order to exploit that He made assertions of massive future After that report, the list continued fear is much worse.’’ sea level rise far afield from any sup- to grow and more scientists began pub- That is Richard Lindzen, one of the posed scientific ‘‘consensus’’ and not licly challenging global warming fears. top scientists at MIT. In that same 2006 supported in even the most alarmist In 2008, I updated the report with over speech I then proceeded to give a brief literature. He incorrectly implied that 650 scientists and today that stands at summary of the science that the a Peruvian glacier’s retreat is due to well over 700 skeptical scientists. The former Vice President promoted in ei- global warming, ignoring the fact that chorus of skeptical scientific voices ther an inaccurate or misleading way. the region has been cooling since the continues to grow louder every day as Let me read a list of these. 1930s and other glaciers in South Amer- the consensus collapses. He promoted the now debunked ica are advancing. He blamed global I think this is important. A lot of the ‘‘hockey stick’’ temperature chart in warming for water loss in Africa’s scientists were intimidated at that

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11463 time with the withdrawal of various Al Gore, of course, said anyone who raised. Those questions are now being grants and other things coming from dares question the science should be raised by the media. On October 8, the both the Federal Government or some equated with those who question the BBC, the British Broadcasting Com- more liberal groups that are out there. Moon landing. pany, stunned the journalism commu- The fact is they had the courage to Aside from the distasteful and derog- nity with an article by their climate come forward and say the consensus is atory ridicule by such alarmists, a correspondent Paul Hudson. The head- not there even though everyone major statement by a manmade-to- line asked, ‘‘What happened to global thought it was for so many years. This global-warming believer severely un- warming?’’ Hudson wrote in that arti- momentous shift has caused the main- dercut their claims. This year one of cle, October 8: stream media to take notice of the ex- the United Nations IPCC—let me make This headline may come as a bit of a sur- panding number of scientists serving as sure people understand this. The IPCC, prise, so too might the fact that the warmest ‘‘consensus busters.’’ A November 25, Intergovernmental—this is a panel put year recorded globally was not 2008 or 2007, 2008 article in Politico noted that a together in the United Nations of peo- but [was] in 1998. But it is true. For the last ‘‘growing accumulation’’ of science is ple to try to sell the idea that man- 11 years we have not observed any increase in global temperatures. And our climate challenging warming fears, and that made gases—anthropogenic gases, CO2, models did not forecast it, even though man- the ‘‘science behind global warming methane—cause global warming. One made carbon dioxide, the gas thought to be may still be too shaky to warrant cap- of the U.N. scientists told more than responsible for warming our planet, has con- and-trade legislation.’’ That was a year 1,500 scientists gathered at the continued to rise. ago. ference in Geneva, Switzerland: ‘‘Peo- (Mr. CARDIN assumed the chair.) In Canada’s National Post, it noted ple will say this is global warming dis- Mr. INHOFE. The article continues on October 20 of 2008 that ‘‘the number appearing. I am not one of the skeptics. to note the lack of global warming re- of climate change skeptics is growing However, we have to ask the nasty cently and mentions the fact that rapidly.’’ The New York Times envi- question ourselves, or other people will many scientists are predicting a com- ronmental reporter Andrew Revkin do it.’’ ing global cooling. noted on March 6, 2008, ‘‘As we all Remember, this quote comes from Following the BBC, other British know, climate science is not a numbers Mojib Latif, who Andrew Revkin from news outlets have run similar head- game. There are heaps of signed state- the New York Times describes as ‘‘a lines. The UK Sunday Times wrote ments by folks with advanced degrees prize-winning climate and ocean sci- ‘‘Why everything you think you know on all sides of the issue.’’ entist from the Liebniz Institute of about global warming is wrong.’’ This In 2007 a Washington Post staff writ- Marine Sciences at the University of is coming from Great Britain. The er, Juliet Eilperin, conceded the obvi- Kiel, in Germany.’’ Daily Mail, another major publication This remarkable admission of the ous, writing that climate skeptics ‘‘ap- in Great Britain, had a headline: need to ask nasty questions comes pear to be expanding rather than ‘‘Whatever happened to global warm- nearly 2 years after I first pointed out shrinking.’’ ing? How freezing temperatures are We have seen this happening for the these very facts on the Senate floor in starting to shatter climate change the- last 2 years. Yet it will be 2009 that will my October 26 of 2007 speech on the ory.’’ Australia’s Herald Sun has be remembered as the year of the skep- Senate floor. This is what I said at that picked up on the trend as well. Col- tic. Until this year, any scientist, re- time. I am quoting now. I always hesi- umnist Andrew Bolt, noting the turn- porter, or politician who dared raise tate quoting myself but it is important ing tide of media around the world, even the slightest suspicion about the that we were talking about this 2 years wrote: science behind global warming was dis- ago. I said: This is like the moment in the Emperor’s missed and repeatedly mocked. Who It’s important to point out that the phase New Clothes, in which the boy calls out ‘‘but can forget Dr. Heidi Cullen of the of global warming that started in 1979 has, he’s naked!″ Weather Channel. She was on every itself, been halted since 1979. You can almost week. I don’t think she is on anymore; hear my critics skeptical of that assertion. Let’s be clear. Some of the media I haven’t seen her in quite some time. Well, it turns out not to be an assertion but were already beginning to question the She was the one who said, in 2007, that an irrefutable fact, according to the tem- consensus even before that announce- perature data United Nations relies on. the American Meteorological Society ment. Paleoclimate scientist Dr. Bob Carter, who Television personalities were coming should revoke its seal of approval for has testified before the United States Senate any television weatherman who ex- around as well. In April, Charles Committee on Environment and Public Osgood, host of ‘‘CBS News Sunday presses skepticism that human activity Works, noted on June 18 of this year: ‘‘The is creating a climate catastrophe. accepted global average temperature statis- Morning’’ and a noted environ- She said: tics used by the Intergovernmental Panel on mentalist, questioned global warming If a meteorologist can’t speak to the fun- Climate Change—that’s the United Nations— projections. He asked: damental science of climate change, then showed that no ground-based warming has Right now, global warming is a given to so maybe the AMS shouldn’t give them the seal occurred since 1998. Oddly, this 8-year-long many, it raises the question: Could another of approval. temperature stability has occurred despite minimum activity period on the Sun coun- This is what she wrote in December an increase over the period of time of 15 teract, in any way, the effects of global parts per million or 4 percent in the atmos- 21 in a blog on the Weather Channel: warming? pheric CO2. Second, lower atmosphere sat- Osgood later scolded himself for even It’s like allowing a meteorologist to go on ellite-based temperature measurements, if air and say that hurricanes rotate clockwise corrected for non-greenhouse influences such questioning global warming before and tsunamis are caused by the weather. It’s as El Nino events and large volcanic erup- stating: not a political statement . . . it’s just an in- tions, show little if any global warming since I’m sure you’ll be hearing more about this correct statement. 1979, a period over which atmospheric CO2 solar dimming business, now that the story Of course there was Robert Kennedy, has increased by 55 parts per million, or 17 is out. Remember, you heard it here first Jr., also in 2007, who called anyone who percent. ...

didn’t agree with his views on global To try to say it is tied to CO2 is in- Lou Dobbs, formerly with CNN, has warming ‘‘traitors.’’ He spoke before a teresting because immediately fol- also joined the chorus questioning the liberal group called the Live Earth lowing World War II, the largest in- alarmists, consensus. In January, Concert in July of 2007. He stated, Rob- crease in the emissions of CO2 took Dobbs compared the belief in manmade ert Kennedy, Jr.: place starting about 1946. Yet that global warming to a religion. Get rid of these rotten politicians that we didn’t precipitate a warming period, it He stated: have in Washington, who are nothing more precipitated a cooling period during They bring this thing to a personal belief than corporate toadies for companies like that time. system. It’s almost a religion, without any Exxon and Southern Company. These vil- The very people who had long called question . . . lainous companies that consistently put their private financial interest ahead of the the science settled and those who went Dobbs also criticized what he called interests of all of humanity. This is treason so far to say the science behind global ‘‘crowding out of facts and objective and we need to start treating them as trai- warming was unequivocal now admit- assessment of those facts . . . there’s tors. ted that nasty questions must be such selective choices of data as one

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11464 CONGRESSIONAL RECORD — SENATE November 18, 2009 discusses and tries to understand the and Newsweek of the same year—said The Gallup poll in March found glob- reality of the issues that make up glob- another ice age is coming. There it is. al warming ranked last in the United al warming.’’ This is 1974. This was in Time maga- States among environmental issues. In September, another dramatic an- zine. Another ice age is coming. Then This is just environmental issues. Air nouncement came from Houston you fast forward to about 3 years ago. and water pollution, toxic waste, ani- Chronicle science reporter Eric Berger. That same Time magazine had a pic- mal and plant extinctions, the loss of He stated: ture of the last polar bear in the world tropical rain forests all ranked as a Earth seems to have at least temporarily standing on the last ice cube and say- greater concern than global warming. stopped warming. If we can’t have confidence ing: Now it is global warming. As Gallup stated: in short-term prognosis for climate change, This is why the media is coming Since more Americans express little to no how can we have confidence in long-term? around. Polls are showing an unprece- worry about global warming than say this The bright light is also fading on the dented shift in public opinion on the about extinction, global warming is clearly U.N. IPCC. In August, the New York science of climate change as well as the environmental issue of least concern to Times ran the headline ‘‘Nobel Halo cap-and-trade proposals in Congress. them. Fades Fast for Climate Change Panel.’’ Only a few weeks ago, in October, Po- These are the environmentalists. The article notes: litico reported: In fact, global warming is the only issue As the panel gears up for its next climate As the nation struggles to climb out of a for which more Americans say they have lit- review, many specialists in climate science recession, 45 percent rated the economy as tle to no concern than say they have a great and policy, both inside and out of the net- the most important issue in deciding their deal of concern. work, are warning that it could quickly lose vote if the congressional election were held The public is also unwilling to accept relevance unless it adjusts its methods and today, followed by 21 percent who said gov- focus. ernment spending, 20 percent who chose legislation on climate change that Weeks later, on September 23, the health care reform and 9 percent who said would cost them money. Rasmussen New York Times again acknowledged a the wars in Iraq and Afghanistan. Just 4 per- found that 56 percent of Americans said shift in public moods and scientific evi- cent of the people said climate change was they are not willing to pay any addi- dence when it stated that the U.N. the top issue. tional taxes or utility costs to fight faced an ‘‘intricate challenge: building I can remember when that was 60 per- global warming. momentum for an international cli- cent. The clear rejection of fear and mate treaty at a time when global tem- The people have caught on. You are hysteria is leading many on Capitol peratures have been relatively stable going to see the media, if they want to Hill to change their tune on climate for a decade and may even drop in the sell their stuff, come back and change legislation. Turning away from using next few years.’’ their position. We are seeing that now. scare tactics, the left is now trying to Given the media’s track record, this Economic worries also led a majority sell cap and trade as clean energy legis hardly surprising. As I noted in my of Americans to place jump-starting islation. Don’t say climate change, 2006 speech, the media runs hot and the economy ahead of concerns about don’t say global warming, don’t say cold in their coverage of climate the environment. Even as the Obama cap and trade anymore. Say clean en- change. Quoting here, I said at the administration is pushing for climate ergy economy—that is something that time: protection legislation, 62 percent of sells. So if you keep renaming the same Since 1895, the media has alternated be- those polled agreed that ‘‘economic thing, maybe it will sell. tween global cooling and warming scares growth should be given priority, even if As the New York and the L.A. Times during four separate and sometimes overlap- the environment suffers to some ex- have recently reported, the White ping time periods. From 1895 until the 1930s, tent.’’ The remaining 38 percent believe House, concerned by the lack of sup- the media peddled the coming ice age. that ‘‘protection of the environment port for their cap-and-trade initiatives, Everyone is going to die. We are should be given priority, even at the is using poll-tested talking points to going to freeze to death. risk of curbing economic growth.’’ help push one of the President’s biggest From the late 1920’s until the 1960’s they Further, earlier this year Gallup re- priorities. The New York Times caught warned of global warming. From the 1950’s leased a poll that found that 41 percent on to these new talking points earlier until the 1970’s they warned again of a com- of the people believe global warming this year, reporting: ing ice age. This makes modern global warm- claims are exaggerated. What about ing the fourth estate’s fourth attempt to The problem with global warming, some the effect of Al Gore’s climate scare environmentalists believe, is ‘‘global warm- promote opposing climate change fears dur- campaign? The Gallup poll editor ing the last 100 years. Recently, advocates of ing.’’ The term turns people off, fostering alarmism have grown increasingly desperate Frank Newport says he sees no evi- images of shaggy-haired liberals, economic to try to convince the public that global dence that Gore is winning. Newport sacrifice and complex scientific disputes, ac- warming is the greatest moral issue of a gen- said: cording to extensive polling and focus group eration. Last year, the vice president of Lon- It’s just not caught on, they have failed. sessions conducted by ecoAmerica, a non- don’s Royal Society sent a chilling letter to Any measure that we look at shows Al profit environmental marketing and mes- the media encouraging them to stifle the Gore’s losing at the moment. The public is saging firms in Washington. voices of scientists skeptical of climate just not that concerned. [ . . . ] Ask people The L.A. Times also reported: alarmism. During the past year, the Amer- to name the biggest concerns, and just 1 per- Scratch ‘‘cap and trade’’ and ‘‘global ican people have been served up an unprece- cent to 2 percent cite the environment. The warming,’’ Democratic pollsters tell Obama. dented parade of environmental alarmism by environment doesn’t show up at all, it’s Al They’re ineffective . . . Control the lan- the media and entertainment industry, Gore’s greatest frustration. We seem less guage, politicians know, and you stand a bet- which link every possible weather event to concerned than more about global warming ter chance of controlling the debate. So the global warming. The year 2006 saw many over the years . . . Despite the movies and Obama administration, in its push to enact major organs of the media dismiss any pre- publicity and all that, we’re just not seeing sweeping energy and healthcare policies, has tense of balance and objectivity on climate it take off with the American public. And begun refining the phrases it uses in an ef- change coverage and instead crossed square- that was occurring even before the latest fort to shape public opinion. Words that have ly into global warming advocacy. economic recession. been vetted in focus groups and polls are Maybe one reason the media is start- Again, further quoting Frank New- seeping into the White House lexicon, while ing to come around is that the public is port: others considered too scary or confounding shifting as well. It is easy to sell maga- As Al Gore I think would say, the greatest are falling away. zines, books, and movie tickets when challenge facing humanity . . . has failed to Despite his longtime work on cap and you have everyone eating out of your show up in our data. trade, Senator JOHN KERRY actually hand believing that a climate catas- Polls have also shown that when went so far as to say he didn’t even trophe is right around the corner. Once looking at environmental issues only, know what cap and trade is, saying in the audience isn’t buying that story climate change continually ranks dead September: anymore, it might be time to start ac- last among concerns. This wasn’t true I don’t know what ‘‘cap and trade’’ means. knowledging the other side. a few years ago. This is what is taking I don’t think the average American does. If we look at Time magazine, I replace now. This is after all the media This is not a cap-and-trade bill, it’s a pollu- member back in 1975, Time magazine— hype, all the hysteria. tion reduction bill.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11465 While Senator KERRY says he doesn’t health insurance and, importantly, the fact that in the United States of know what cap and trade is, the Amer- even more are underinsured with large America we spend far more on prescrip- ican public knows what it is: a massive copayments and deductibles. We have tion drugs than do people of any other new energy tax, plain and simple. heard some of our rightwing friends country. This is not just a financial It has been kind of interesting to talk about death panels. Let me tell issue for the individual; this is a health watch this change, watch the phrase- you about the reality of a real death care issue. I have talked to physicians ology change as time has gone by. But panel, not a phony death panel, and who tell me—and I think this is com- we know this: Nothing has really that is, this year in the United States, mon not just in Vermont but all over changed since Kyoto. It is the same according to Harvard University, some the country—that some 25 to 35 percent thing, cap and trade, the largest tax in- 45,000 Americans will die because they of their patients do not fill the pre- crease in the history of America. lack health insurance and they do not scription the doctor writes because Let me conclude by saying just how get to a doctor when they should. they cannot afford to do that. So what encouraged I am to say that the tide Mr. President, 45,000 will die this sense is it when somebody goes to the has turned—not is turning, it has year. And if we do not take action, doctor that the doctor writes out a pre- turned. The skeptics’ challenge has 45,000 or more will die next year. This scription but that individual cannot af- been heard, and I am glad to see that is the United States of America. To see ford to fill that prescription? We need more and more journalists are no tens of thousands of our fellow country to deal with the high cost of prescrip- longer reporting the hyped fears that people dying because they do not have tion drugs, and we can do that in sev- many want the American public to be- access to a doctor is an abomination, it eral ways. lieve. Media outlets around the world is not acceptable, and that needs to No. 1, when I was in the House, I was are more skeptical today of manmade change. the first Member of Congress to take climate fears, and they are also more Among many other reforms we need American citizens over the Canadian aware of the enormous cost of climate to bring about as we go forward with border to purchase prescription drugs legislation. More importantly, polls health care reform is a revolution in there that cost a fraction of what they are showing that the people are no terms of primary health care. Today, 60 cost in the United States. So we need longer buying the hype either. million Americans, including many to pass what is called reimportation— The bottom line is that efforts to with health insurance, do not have ac- the right of Americans and the right of pass the largest tax increase in Amer- cess to a doctor. The result of that is, people who manage prescription drugs, ica’s history have clearly failed, hand- when they get sick, they go to the who are in that business, to be able to ing the American people a tremendous emergency room, at great cost, or they purchase safe, FDA-approved medicine victory. delay getting health care, and they end from abroad at a fraction of the price It has been a long time, some 8 years. up in the hospital being treated for a the drug companies are selling those I see the Senator from Vermont is far more serious illness than they products to them in this country. That very anxious to counter these things I would have had if they were treated will lower the cost of prescription have been saying. That is perfectly all initially. Clearly, this is an absurdity. drugs for all Americans. right. That is one thing about this It costs us lives. It costs us money. We Second of all, we, obviously, have to body—you have the opportunity to do have to change that. negotiate prescription drug prices that. There is no one I consider a bet- I am very happy to say that in that under Medicare Part D. When we do ter friend than the person presiding regard I have introduced legislation that—and we lower the cost that Medi- right now, from Maryland. He and I that has 25 cosponsors in the Senate care is paying—we can end the dough- were elected together many years ago and which has been incorporated into nut hole which is now causing so many to the House of Representatives. We the Health, Education, Labor, and Pen- problems for senior citizens today who disagree on this issue. sions bill, which would quadruple— go above the first part, where Medicare What I am reporting here is science, quadruple—the number of federally is paying about $2,500, and then they and the people have come to an agree- qualified community health centers in have to pay 100 percent of the cost, ment. After 8 years, the truth finally our country over a 6-year period, which which is hurting a whole lot of seniors. does come out. would mean there would be a commu- Thirdly, we must deal with the bio- Winston Churchill said: Truth is in- nity health center providing excellent logics issue. My colleague Senator controvertible. Ignorance may prevent quality health care, dental care, men- SHERROD BROWN of Ohio has been it. Panic may resent it. Malice may de- tal health counseling, low-cost pre- strong on this issue, so that we stop stroy it. But there it is. scription drugs in every underserved drug companies from having exclu- I yield the floor. area in the country. We go from about sivity for 12 years, preventing generic The PRESIDING OFFICER. The Sen- 1,300 centers to 5,200 centers. companies from getting into the mar- ator from Vermont. Also in this bill, we would increase ket and lowering the cost of biologics. f by 10 times the amount of money for That is a very important issue. the National Health Service Corps so Any serious health care reform legis- HEALTH CARE REFORM we can provide debt forgiveness for lation must include strong cost con- Mr. SANDERS. Mr. President, I do those people in medical school who tainment. Insurers have increased pre- disagree with my friend from Okla- want to practice primary health care, miums 87 percent over the past 6 years, homa very much, but that disagree- which in Vermont and around this while premiums have doubled over the ment will have to wait for another day country is a desperate, desperate need. last 9 years—increasing four times because today I want to deal with an- We absolutely need to increase the faster than wages. If present trends other crisis, and that is the situation number of primary health care physi- continue, health insurance premiums regarding health care. cians we have. will double over the next 8 years, which I come to the floor to urge my fellow When we talk about health care re- will be a disaster for millions of Ameri- Senators to go forward in passing the form, we also have to include dental cans and, in fact, for our entire econ- strongest possible piece of health care care. Dental care is often sometimes omy. reform legislation—legislation which is pushed aside. But I can tell you, in Today, the United States spends far comprehensive, covering all basic many regions of this country, people more per capita for health care than health care needs; legislation that is are finding it virtually impossible to any other country on Earth. That is a universal, covering every man, woman, gain access to a dentist and, often- very important point for us to under- and child in our country; and legisla- times, they simply cannot afford the stand. We are now spending over $7,000 tion, importantly, that is cost effective dental care they need. So when we talk per person, and yet despite spending al- both for individuals and for our Nation. about health care, we have to include most twice as much as any other indus- I think all of us understand the dental care in that. trialized country, our outcome in United States today is in the midst of Furthermore, when we are talking terms of infant mortality, in terms of a major health care crisis. Mr. Presi- about health care reform, it is abso- life expectancy, in terms of immuniza- dent, 46 million Americans have no lutely imperative we begin to address tion and preventable deaths, is often

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11466 CONGRESSIONAL RECORD — SENATE November 18, 2009 behind other countries. So we are of Physicians for a National Health drug, and medical supply costs. In spending huge amounts of money; we Program, and other health care pro- other words, unlike anything else I are not getting value for what we are viders, the largest nurses union in this have been hearing, it would be com- spending. country, in support of a single-payer prehensive: all of your basic health The cost of health care in this coun- system. Millions of Americans want us care needs. Patients, of course, would try is now 16 percent of our GDP, and to move that way. But because of big remain free to choose the doctor and it continues to soar at a rate that is money interests, that discussion does hospital they would want, and doctors basically unsustainable. So this is not, not even begin to get to the floor. would retain autonomy over patient again, just an issue for individuals. Well, I intend during the course of care, which often is not happening This is an issue for our economy and the debate to offer an amendment on a today as they have to argue with insur- our Nation. national single-payer system. We will ance companies as to what kind of If you look at a company such as see how many votes we get. But what I therapies they can prescribe. Physi- General Motors—General Motors which am also trying to do is give States cians would be paid fee-for-service ac- went bankrupt—they were spending flexibility so that, if they so choose, cording to a negotiated formulary or more money on health care per auto- they can move forward with a single- receive salary from a hospital or non- mobile than they were on steel. Small payer approach. My guess is that if one profit HMO group practice. Hospitals business owners in Vermont and across State does it—whether it is Vermont, would receive a global budget for oper- this country are finding it harder and California, Pennsylvania—whichever ating expenses. Health facilities and harder not only to provide decent that State may be, if it works well, if expensive equipment purchases would health care coverage for their workers, everybody in that State has good qual- be managed by regional health plan- but in many instances they cannot ity health care, in a cost-effective way, ning boards. A single-payer system even provide health care to themselves. it will spread all over the country. I in- would be financed by eliminating pri- What ends up happening is, instead of tend to do my best to see that language vate insurers and recapturing their ad- investing their profits into expanding is in the bill, which will allow States to ministrative waste. Modest new taxes their businesses and creating more do just that. would replace premiums and out-of- jobs, all of that money is going into A single-payer national health insur- pocket payments currently paid by in- the soaring health care costs. ance program is a system in which a dividuals and businesses. Costs will be But when we talk about the personal single public or quasi-public agency or- controlled through negotiated fees, impact of our disastrous health care ganizes health financing, but delivery global budgeting, and bulk purchasing. system on individuals, there is no bet- of care remains largely private. This is Well, that is where, in my view, we ter example than looking at bank- not a government health care program. should be going. That is not where we ruptcy. In this country today, we have It is not what they do in the United will go. As I said earlier, that approach approximately 1 million Americans Kingdom. It is public insurance pri- is anathema to the insurance compa- who are going bankrupt because of vately delivered. nies, the drug companies, the medical medically related costs. It is not hard The reason we spend more—and this equipment suppliers, all of the big to understand why: You lose your job is an issue that has gotten amazingly money interests, and they have, unfor- in the midst of a severe recession. little discussion—why do we end up tunately, enormous power over what Somebody in your family becomes very spending almost twice as much as any goes on in Congress, so we are not ill. Well, how do you come up with the other country? Well, I think that is a going to go there. money if you do not have any health good question to ask. I do not hear a Let me say a few words about where insurance, or even if you do have an in- whole lot of answers. The reason is we we are going. Obviously, we are in the adequate health insurance program? have a patchwork system of for-profit middle of that right now. Last week the House came forward with their bill. The answer is, you go bankrupt. So, in- payers. We have private insurance. Majority Leader REID is now trying to credible as it may sound, close to a What is the function of a private insur- meld the two bills in the Senate from million people in this country this year ance company? the HELP Committee and from the Fi- are going bankrupt because of medi- Everybody in America understands nance Committee, and we expect that cally related illnesses. the function of a private insurance new legislation will be out very short- I have talked a little bit about some company is not to provide health care, ly. I have not seen it; I don’t know if of the problems that are out there—and it is to make money. What we end up anybody has. Let me express a few there are many more. What is the an- with are 1,300 private insurance compa- words of concern about what I have swer? I do not think anyone has a per- nies, with thousands of separate sys- seen in the discussion and the legisla- fect answer. But I do think the United tems, each geared to a different group, tion that has been passed in the House. States should be looking at other coun- each geared to make as much money as First of all, the average American is tries around the world. Why do we end it possibly can. The result is we as a saying—I get this in Vermont every up spending so much and get relatively nation are spending about 30 cents of day, and I am sure the Presiding Offi- poor value for what we are spending? every $1 not on doctors and medicine cer gets it in Maryland every day—all When we do that, when we look at and nurses; we are spending it on ad- right, hey, good, health care reform. countries throughout Europe, Scan- ministration and bureaucracy, huge That is great. What is it going to cost dinavia, Canada, and so forth, I think profits, advertising, billing, sales, mar- me? What do I get? How much am I it leads one to the conclusion that if keting—you name it; we spend it— going to have to pay, and what do I get we are serious about providing quality, rather than spending it actually on for what I pay? That is the question on affordable care to all Americans, in a trying to keep people healthy or make the minds of millions of Americans. cost-effective way, then we must move them well. The answer is, at this point—and, toward what many of us call a Medi- Single-payer financing is the most again, we have not seen Senator REID’s care-for-all single-payer program. significant way I know to end the bill which will be out almost momen- I understand, as I think many people waste and bureaucracy of the current tarily, but let me just tell my col- do, that because of the power of the in- system. What the studies suggest is if leagues about what was in the Senate surance companies and the drug com- we move toward a single-payer system, Finance Committee bill so everybody panies and the medical equipment sup- we would save over $350 billion every has a sense of what we are talking pliers, because of their campaign con- single year, getting rid of all of that about. tributions, because of their lobbying, bureaucracy, that waste—the paper Under the Finance Committee bill— the truth is, a single-payer program shuffling that has nothing to do with and that is going to change; whether it has never been on the table from day making people well. goes up or down, I don’t know, but it one since this whole discussion began. I Under a single-payer system, all will change—a family of four in think that is very unfortunate. It is Americans would be covered for all Vermont earning $44,000 a year, which doubly unfortunate because we have medically necessary services, including is not an unusual sum in my State, many thousands of physicians in this doctor, hospital, long-term care, men- would pay about $3,087 in annual pre- country, including the 16,000 members tal health, dental, vision, prescription miums, while the Federal Government

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11467 would pick up the rest of the total of about? Yes, we should. And if the pub- There is another issue which is kind $14,700 in premiums. In a year with lic option is better than Blue Cross of a local issue, I admit, and that is on high medical expenses—in other words, Blue Shield or private insurance com- the impact on early-acting States in somebody gets ill, somebody has an ac- panies, many of us would take it. But terms of Medicaid reimbursements. It cident and ends up in the hospital for 3 as does everybody else, we deserve the was just in the newspapers today—and weeks—that family would pay up to option. That is what it is, an option. If I am very proud of this—that for what- $5,800 out of pocket. So you have pre- you like private insurance, it is work- ever it is worth, according to some miums of $3,087, out-of-pocket costs of ing well for you, stay with it. If you group, the State of Vermont is now the $5,800. That is a total potential pay- like the public option because it is bet- healthiest State in the country. What ment in premiums and out-of-pocket ter for you, you go with it. Let’s give that tells me and what I know for a expenses of $8,887 for health care under as many Americans the choice, not 2 or fact is that Vermont, which is not a the Finance Committee’s bill. This 3 percent but the vast majority of the wealthy State, has said we are going to would be about 31 percent of the net in- people in our country who are now in take care of our kids. We are going to come, aftertax income, of a family in private insurance. make sure that as many kids as pos- Vermont, and I don’t know that That takes us to another issue be- sible are involved in what we call our Vermont is any different than Mary- cause, in the midst of a bill which is SCHIP program. It is called Dr. Dino- land or any other State earning very complicated—and I am not a great saur. It is a very good, popular pro- $44,000—31 percent. fan of complicated. I think when you gram. We are going to have other pub- Somebody could tell us that is health have a bill that is 1,900 pages, that just lic health insurance programs. We are care reform, but I really don’t see it. begs for the big money interests and going to do the best we can. Asking people in this country who, ad- the special interests to get their little I am proud that today Vermont was mittedly, have had a tough year with things in it, and I worry about that a acknowledged to be perhaps the health- illness to pay 31 percent, and then say, whole lot. This is much too com- iest State in the country. I am not hey, we passed health care reform, plicated, but there it is. I think the going to sit by idly while Vermont and that, frankly, is not good enough for House bill is 1,900 pages. But when we Massachusetts—another State that has me, and I am going to do everything I talk about opening the public option taken major steps forward—are penal- can to make sure the final product out for more Americans, it means to say ized because we have made reimburse- of the Senate is a lot better than that you have to open the exchange, the ment rates. Because we have done the for ordinary middle-class families. gateway for more Americans. The gate- right thing is not a reason to penalize The second issue that concerns me as way means if you choose either your us. I am all for helping out States that we proceed down the line in terms of private insurance company or a public have not done the right thing, but we this health care debate is the issue of option, you are going to get subsidized should not and will not penalize States public option. I think there is a lot of by the Federal Government. Right that have done the right thing. confusion about what a public option now, as this bill stands, there are many So let me conclude by saying this: is, but let me say this: My belief is the people stuck in bad private insurance This country faces a major crisis in vast majority of the American people plans. health care. Because of the power of want to have a choice as to whether Maybe you work for Wal-Mart, big money, we are not going to do the they stay in a private insurance com- maybe you work for Dunkin’ Donuts, right thing and pass a Medicare-for-all, pany or whether they go into a Medi- maybe you work for McDonald’s, and single-payer approach, which is the care-type public option which is funded they are offering you some kind of in- only way to provide quality, affordable, by premiums. It is not Medicare; it is surance program which either costs a cost-effective health care for all Amer- funded by premiums. But there are fortune or doesn’t cover very much. icans. What we are now looking at is a large numbers of Americans, for right Well, under the current legislation, up 1,900-page bill which is enormously reasons—I agree with them—who do to now at least, you are stuck with complicated which clearly has been not trust private insurance companies that. That is what you have. That is heavily influenced by the drug compa- because they understand that a private not health care reform, to be stuck in nies, by the insurance companies, and insurance company wants to make as a bad Wal-Mart plan. We have to do by every other special interest that is much money as possible off of their better than that. So we want to expand making billions off of health care. premiums. They would like the choice that gateway for more people. I think it is very important as we of looking at and maybe going into a The other question is—I don’t know proceed down this path to take a very public option. My view is we should what Majority Leader REID’s bill is hard look at the end of the day as to make that choice available to as many going to end up costing, but the esti- what this bill will mean for middle- people as possible. mates are that we are looking at class families, for working-class fami- I have the sad thought that many about, over a 10-year period, $800 bil- lies, and for the financial stability of folks out there are hearing us talking lion to $1 trillion. Well, the simple our country as a whole. I am going to about a public option saying: Hey, that question is, Where is the money com- do everything I can to make sure this is great. I am going to have a choice. I ing from? Where is the money coming bill is something worth voting for— don’t like my employer-based health from? worth voting for. care. Now I am going to have a public There are some people who have said: So with that, I thank the Chair for option. That is great. Well, maybe we want to tax good, the indulgence, and I yield the floor. Let me break the bad news to you if strong insurance programs out there. Mr. COBURN. Mr. President, I seek that is what you believe. That is not That is the way to go. Well, not for this recognition to speak on the nomina- the case as it now stands. Relatively Senator, it is not, and I will do every- tion of Judge Hamilton. few people—people who are currently thing I can to oppose any movement in The PRESIDING OFFICER (Mr. uninsured; small, very small, busi- that direction. Workers have fought, in MERKLEY). Without objection, it is so nesses; people who today get their in- many cases, long and hard—given up ordered. surance companies privately for them- wage increases—in order to get decent selves or their families; the self-em- health insurance programs for their f ployed, those are the people for whom families, and now we are going to tax a public option is currently available them? Not me. I am not going to do based on what has been passed. I think that. This country has the most un- NOMINATION OF JUDGE DAVID that is wrong. I think we need to ex- equal distribution of income and HAMILTON pand it. Frankly, I think virtually wealth. The rich are getting much rich- Mr. COBURN. I come to the floor—I every American should have that er while the middle class is shrinking. am a member of the Judiciary Com- choice. I think it is fair as we move forward mittee—to raise significant concerns There is the great debate: Should in health care reform to ask the about this nominee. There is no ques- Members of Congress have the public wealthiest people in this country to tion he is a fine man. There is no ques- option as our rightwing friends talk start paying their fair share of taxes. tion he has a lot of experience, a great

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11468 CONGRESSIONAL RECORD — SENATE November 18, 2009 education. But there is also no ques- at facts, not empathy. She rejected the bias that said that wasn’t right, when tion in my mind that he is a highly ac- empathy standard. all the other courts had recognized the tivist Federal judge who will be pro- He also explained why he believed he precedent by Casey. moted to a level of making final deter- fit this standard and emphasized his ef- Here is what Judge Coffee also said: minations on most of the decisions fects-based approach, stating: As a result, literally thousands of Indiana that come before him and his circuit. Because I will continue to do my best to women have undergone abortions since 1995 He does have a distinguished history, follow the law, to treat all parties who come without having had the benefit of receiving but his history is complicated by, in before me with respect and dignity, and to the necessary information to ensure that my opinion, a view that it doesn’t mat- understand how legal rules or decisions will their choice is premised upon the wealth of ter what the Congress says; that it affect behavior and incentives for different information available to make a well-informed and educated life-or-death decision. I doesn’t actually matter what precedent people and different institutions. That is nowhere in the oath of a remain convinced that [Judge Hamilton] says; it doesn’t matter what stare deci- abused his discretion when depriving the sov- sis, the precedent of the Supreme judge. Nowhere is that. Considering the ereign State of Indiana of its lawful right to Court, says; he believes he can rule consequences of his ruling and how enforce the statute before us. I can only hope against that. that might affect people should not be that the number of women in Indiana who After attending his hearings, I would part of the decisionmaking, in making may have been harmed by the judge’s deci- note there were over 10,000 pages of de- the ruling. sion is but few in number. cisions and his vote on the committee These statements following his hear- As the Seventh Circuit properly was well before we could actually con- ing only confirmed what I feared prior notes, as a result of his activism, Judge sider all 10,000 pages of decisions. He to his hearing: that Judge Hamilton Hamilton effectively prevented the was voted out of our committee. embraces a liberal activist philosophy people of Indiana from enforcing a duly I want to raise in detail some of my and has implemented that philosophy enacted, reasonable restriction on problems and then give some case his- in his legal decisions. abortion in violation of existing law tories to back them up. For example, I As evidence of his activist tendencies and Supreme Court precedent. asked Judge Hamilton whether he on the bench, I will turn now to some In two other cases, Judge Hamilton thought it was appropriate for a judge of his opinions as a district court judge succeeded in excluding traditional reli- to consider foreign law when inter- that illustrate his propensity to allow gious expression from the public preting the Constitution. Rather than his personal biases to influence his de- square. In the case of Hinrichs v. recognize the court should not be look- cision. In the case of Women’s Choice Bosma, Judge Hamilton prohibited ing to foreign law when interpreting v. Newman, Judge Hamilton succeeded prayers in the Indiana State Legisla- our Constitution, Judge Hamilton used in blocking the enforcement of a valid ture that mentioned Jesus Christ while an analogy of judges considering law Indiana law for informed consent for 7 allowing those that mentioned Allah. review articles of American lawyers years—7 years. The law required doc- The Seventh Circuit reversed that deci- with consulting decisions of foreign tors to give certain medical informa- sion. courts. He stated: tion to women in person before an In another case, Grossbaum v. Indi- [C]ourts . . . will look to guidance from abortion could be performed and re- anapolis-Marion County Building Au- wise commentators from many places—pro- quired a waiting period before an abor- thority, Judge Hamilton’s decision professors from law schools, experts in a par- tion was performed. hibited a rabbi from placing a menorah ticular field who have written about it. And There is already precedent, clearly in a public building. A unanimous Sev- in recent years, the Supreme Court has by Casey, in the Supreme Court. When enth Circuit court panel reversed started to look at some courts from other overturning Judge Hamilton’s ruling, Judge Hamilton’s ruling and noted countries where members of the Court may the Seventh Circuit harshly criticized believe that there is some wisdom to be that he had ignored two Supreme Court gained. As long as it is confined to some- his decision by stating: cases that were directly on point. thing similar to citing law professors’ arti- [F]or seven years, Indiana has been pre- Why would a learned judge ignore cles, I do not have a problem with that. vented from enforcing a statute materially precedent? There is only one reason for I have serious concerns with that. identical to a law held valid by the Supreme ignoring precedent, and that is a judi- Court in Casey, by this court in Karlin, and cial activist bias that he does not have Let me put out what those are. What by the Fifth Circuit in Barnes. No court any- he fails to recognize when he equates where in the country (other than one district to follow the law; that he is not limited the two is that professors who are writ- judge in Indiana) has held any similar law by the Constitution, but he is limited ing on American law in American jour- invalid in the years since Casey . . . Indiana to his personal feelings and his per- nals are writing about the interpreta- (like Pennsylvania and Wisconsin) is entitled sonal beliefs. That is the exact opposite tion of our Constitution based on to put its law into effect and have that law of what we want in terms of neutrality American statutes and American val- judged by its own consequences. of those directing court proceedings. ues. They begin their analysis with an That is a harsh review. Judge Hamilton’s record also sug- understanding of the creation of our Further, Judge Coffee, in his concur- gests he is empathetic toward criminal Constitution by our Founders and our ring opinion in this case, was even defendants rather than the victims of system of limited government. more critical of Judge Hamilton’s opin- crimes. According to the Almanac of When American courts look to for- ion, and he specifically criticized Ham- the Federal Judiciary, local practi- eign law, they are considering opinions ilton’s reliance on one study which was tioners have said Judge Hamilton ‘‘is and wisdom of people who do not share conducted by the Planned Parenthood- the most lenient of any judge in the our values and who are unfamiliar with affiliated Guttmacher Institute. district. . . .’’ American statutes and constitutional Here is what he said about Judge ‘‘He is one of the more liberal judges interpretations. By conflating the two Hamilton’s decision: in the district.’’ types of references, Judge Hamilton [His decision] invades the legitimate prov- ‘‘He leans towards the defense.’’ tries to minimize the damage courts ince of the legislative and executive ‘‘He is your best chance for downward can inflict on our Constitution when branches. departures.’’ they look to foreign courts for guid- That is the problem with judicial ac- ‘‘In sentencing, he tends to be very ance. tivists. They see no limits. They take a empathetic to the downtrodden or I was even more disturbed by Judge personal bias, and they use that bias those who commit crimes due to pov- Hamilton’s answers to my written rather than interpreting the statutes erty.’’ questions following his hearing. In his and looking at precedent. They make Blind justice doesn’t recognize responses, Judge Hamilton embraced their own decision. For 7 years Indiana wealth when you commit a crime. It President Obama’s empathy standard, was without a duly-passed statute doesn’t recognize wealth. If, in fact, writing that empathy was ‘‘important passed by the elected representatives of that were the case, we should have in fulfilling [the judicial] oath.’’ that State, in error, because Judge more severe penalties for people who As a matter of fact, Supreme Court Hamilton believed something different. have greater means. But, instead, we Justice Sotomayor cited just the oppo- He didn’t rely on precedent. He relied treat everybody the same under the site. What she said was that she looks on his personal bias, a strong personal law.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11469 I believe his judicial record confirms because he didn’t agree with it. So he ators wanted to filibuster it. Three- the statements of these local practi- went outside of it to try to get clem- quarters of the Republican caucus tioners. For example, in the case of ency based on him thinking we were voted to filibuster Judge Hamilton. United States v. Woolsey, Judge Ham- wrong. He didn’t have any basis of law That is astonishing. ilton ignored the prior conviction of a to do it, but then did it anyway. Judge Hamilton is a moderate, main- defendant in order to avoid imposing a In our constitutional system of gov- stream judge who has earned an out- life sentence and was reversed by the ernment the power to create legisla- standing reputation during his 15 years Seventh Circuit. He ignored a prior tion is assigned to the Congress and a of service on the Federal district court. conviction. He chose to ignore it. Ac- judge must simply interpret the law as He has strong bipartisan support, in- tivist, not following the law, not fol- it is written. This judge refused to do cluding the support of Republican Sen- lowing the Code of Judicial Conduct. that. ator RICHARD LUGAR. You do not get the choice to ignore it. When a judge second-guesses Con- Another reason I was surpri ed to see It is a breach of his judicial oath. Yet gress, criticizes its legislative decisions the filibuster attempt is because, dur- he does it. as being unfair, and invites a grant of ing the Bush administration, Senate Here is what the Seventh Circuit said clemency, he undermines the rule of Republicans made speech after speech as they criticized Judge Hamilton’s de- law and the confidence the American about their fervent belief that every ju- cision: people have in their government. Judge dicial nominee deserved an up or down [The] Indiana district court was not free to Hamilton’s action in this case belies vote on the Senate floor. If I had a dol- ignore Woolsey’s earlier conviction . . . we his tendency to empathize with crimi- lar for every time a Republican Sen- have admonished district courts that the nal defendants. ator advocated for this position, I statutory penalties for recidivism . . . are These are just a few of the state- would be a wealthy man. not optional, even if the court deems them ments and opinions in Judge Hamil- This was such an article of faith unwise or an inappropriate response to re- ton’s record that form the basis of my among the Senate Republicans during peat drug offenders. opposition. I believe he is an activist the Bush years that they tried to In yet another case demonstrating jurist. He has shown that he will allow change the rules of the Senate to ban his empathy toward criminals, Judge his personal biases and prejudices to af- the filibuster of judicial nominees and Hamilton took the unusual step of fect the outcome of cases before him. I to require up or down votes. This was issuing a separate written order of do not believe he deserves a promotion called the ‘‘nuclear option’’ and the judgment and conviction ‘‘so that it to the Seventh Circuit where he will be Senate spent days and weeks debating this issue. Thankfully, a handful of may be of assistance in the event of an even less constrained by precedent and courageous Republican Senators op- application for executive clemency’’ the possibility of a reversal on appeal. because he believed the 15-year manda- I will be voting against his confirma- posed it, and this cynical effort was defeated. tory sentence he was forced to impose tion, and I believe the people of this We are today seeing a complete dou- on a child pornographer was too harsh. country should be very wary of other In this case, U.S. v. Rinehart, the de- ble standard when it comes to the way judges who have an activist bent, who some of my Republican colleagues are fendant, a police officer, pled guilty to disrespect the rule of law, who believe two counts of producing child pornog- treating judicial nominations. When they do not have to look at precedent, President Bush was in office, they raphy after he took pictures of a 16- who, because their personal bias is dif- year-old girl engaged in ‘‘sexually ex- wanted to rubberstamp every nomina- ferent than what the law says, believe tion. Now that the tables have turned plicit conduct’’ and took videos of him- they can be in a position to effect self and a 17-year-old girl engaging in and we have a Democratic President, change in the law rather than have it we have seen unprecedented obstruc- sexual relations. These images ended come through, or all the way to the up on his home computer, and he was tionism from the Republican side. court, to do that. Under President Bush, over half of charged under the Child Protection Act The job of the judge is to interpret of 1984. his judicial nominees were confirmed the law and the facts carefully. This by voice vote or unanimous consent. In a separate written order of judg- judge does not do that. ment, Judge Hamilton concluded by The Democrats consented to their con- I yield the floor. firmation without requiring time being stating his personal views in this case I suggest the absence of a quorum. and urging executive clemency. He is spent on a rollcall vote on the Senate The PRESIDING OFFICER. The floor. The Republicans, by contrast, stating his personal views in this case, clerk will call the roll. in other words, not that of a judge. He haven’t agreed to a voice vote or unan- The bill clerk proceeded to call the imous consent on a single one of Presi- has stepped out of being a judge. Now, roll. using the role of a judge, he is using his dent Obama’s judicial nominees. The PRESIDING OFFICER (Ms. In addition, many of the Bush nomi- personal views to influence clemency. STABENOW). The distinguished assistant nees were confirmed within days of Here is what he said: majority leader. being approved by the Judiciary Com- This case, involving sexual activity with Mr. DURBIN. Madam President, I ask mittee. The average circuit court victims who were 16 and 17 years old and who unanimous consent that the order for could and did legally consent to the sexual nominee under President Bush was the quorum call be rescinded. confirmed just 29 days after being activity, is very different. But because of the The PRESIDING OFFICER. Without mandatory minimum sentence of 15 years re- voted out of the Judiciary Committee. quired by 18 U.S.C., 2251(e), this court could objection, it is so ordered. By contrast, the average Obama circuit not impose a just sentence in this case. The Mr. DURBIN. I rise to speak in sup- court nominee has had to wait 141 days only way that Rinehart’s punishment could port of the nomination of David Ham- between the committee vote and con- be modified to become just is through an ex- ilton, who is President Obama’s nomi- firmation. President Obama’s circuit ercise of executive clemency by the Presi- nee to serve on the U.S. Court of Ap- court nominees have had to wait five dent. The court hopes that will happen. peals for the seventh Circuit. times longer than President Bush’s He later confirmed to us that he This appellate court has jurisdiction nominees for a vote. thought that action was appropriate. over three states, including my home As a result, the Republicans have When Congress passed the Child Pro- State of Illinois. Because the Supreme ground the judicial nomination process tection Act of 1984, at issue in this Court takes so few cases these days, almost to a halt. They have agreed to case, it determined that in order to the circuit courts have the final word votes on only seven of President strengthen Federal child pornography in 99 percent of Federal cases. In other Obama’s judicial nominees. laws, a child is defined as someone words, the buck stops with the Seventh Let’s compare this confirmation rate under the age of 18. So what did Judge Circuit for the vast majority of my with the number of judges who were Hamilton do? He said what we say constituents when they have a legal confirmed by Thanksgiving under past doesn’t make any difference. The fact grievance. Presidents. Under President Bush, that the legislative body signed it, and Yesterday, we had to have a cloture there were 18 judges confirmed by it was put into law by the executive vote on the Hamilton nomination be- Thanksgiving. Under President Clin- branch—he didn’t think that counted cause a majority of Republican Sen- ton, there were 28. Under the first

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11470 CONGRESSIONAL RECORD — SENATE November 18, 2009 President Bush, there were 15. Under is an organization of ultraconservative The Judiciary Republicans are grasp- President Reagan, there were 29, and lawyers, and they don’t typically sup- ing at straws with this allegation. under President Carter there were 26. port Obama nominees. But the Indiana First of all, it is an inherently subjec- President Obama has had only 7 judges Federalist Society president has said: tive determination. There is no record confirmed—due to Republican stalling I regard Judge Hamilton as an excellent ju- of how much time Mary Smith has tactics. rist with a first-rate intellect. He is spent working on tax issues compared The Republican obstructionism isn’t unfailingly polite to lawyers. He asks tough with previous nominees. limited to President Obama’s judicial questions to both sides, and he is very smart. It is true Mary is not a traditional His judicial philosophy is left of center, but tax lawyer, but she has worked on tax nominations. As of today, they are well within the mainstream. holding up 40 different nominations, in- law and tax policy issues throughout Does that sound like the type of judi- cluding 10 judicial nominees and 30 ex- her career. During the years she cial nominee who should be filibus- ecutive branch nominees. The vast ma- worked at Tyco International, she tered? worked closely with that company’s jority of these nominees are non- The critics of Judge Hamilton have tax department on responding to IRS controversial. They were passed with singled out a handful of decisions in his unanimous support in the Senate com- 15 years on the bench and 8,000 cases. subpoenas and assessing the complex tax implications of the $3 billion set- mittee of jurisdiction. Senator LUGAR has done an excellent Many of the individuals who are job explaining why Judge Hamilton’s tlement of the Tyco securities litiga- being held up by Senate Republicans rulings were sensible and defendable. tion. have been nominated for important ad- The Hamilton nomination has been When she served in the Clinton White ministration positions and long-vacant pending on the Senate floor for nearly House she worked with congressional Federal judgeships. Without Senate 6 months. Enough is enough. offices, the Treasury Department, and the National Economic Council to ad- confirmation of these nominees, many NOMINATION OF MARY L. SMITH Americans will see delays in their abil- Madam President, I would also like dress tax disparities between Indian ity to seek justice in our courts, and to discuss another nominee whom the tribes and State governments. And more recently, she served on delays in the ability of the Obama ad- Republicans have been stalling: Mary ministration to tackle some of our L. Smith. She is President Obama’s President Obama’s Justice Department most pressing national problems. nominee to be the Assistant Attorney transition team, and she helped review Unlike many of the judicial nominees General for the Tax Division at the and analyze the Tax Division, the very sent up by President Bush, the current Justice Department. Mary is from my office she has been nominated to lead. The second reason the Republican al- President has bent over backwards to home State of Illinois, and Senate Re- legation about Mary Smith’s qualifica- identify consensus nominees—like publicans have been holding up her Judge David Hamilton—who have bi- nomination for over 5 months. tions is off base is because Mary has partisan support. Many of President Mary Smith is a highly qualified more litigation, management, and Jus- Bush’s judicial nominees, by contrast, nominee who has had a distinguished tice Department experience than pre- did not have bipartisan support or 18-year legal career. After graduating vious Tax Division nominees. Those are home-State Senator support. With from the University of Chicago law critical qualifications to lead the Tax many of President Bush’s nominees, it school, she clerked for a prestigious Division. In this respect, Mary Smith was clear that the Bush White House Federal judge and then litigated at a is more qualified than her predecessors. wanted to pick a fight, rather than a large Chicago law firm. She then Mary is a seasoned litigator who has judge. worked as a trial attorney in the Jus- had multiple trials and courtroom ex- President Obama is a breath of fresh tice Department’s Civil Division and as perience. The head of the Tax Division air. Every single one of his judicial a lawyer in the Clinton White House. needs first and foremost to be a person nominees has the support of their home Mary returned to private practice with litigation experience, and Mary State Senators, be they Democrats or and joined the international law firm Smith fits the bill. She has been a liti- Republicans. of Skadden, Arps, Slate, Meagher & gator in the Justice Department, in Senator LUGAR—a conservative Re- Flom, where she focused on business two large law firms, and in one of the publican from Indiana—came to the litigation. After 4 years at Skadden, largest corporations in the country. Senate floor this week and made a she went to work at Tyco Inter- Two of the recent Tax Division lead- strong and compelling case for Judge national, where she managed what has ers—whom the Judiciary Republicans Hamilton’s confirmation. When he in- been called the most complex securi- hold up as models of what it takes to troduced Judge Hamilton to the Senate ties class action litigation in history. lead that office—had no litigation ex- Judiciary Committee in April, Senator Mary has also been deeply devoted to perience and never had a single trial. Mary is also more qualified than LUGAR said the following: pro bono work and public service, some of her predecessors when it comes I believe our confirmation decisions should which really tells the story of a law- not be based on partisan considerations, yer’s dedication to the profession. She to management experience. The Tax much less on how we hope or predict a given serves on many bar association boards Division is an office with over 350 at- judicial nominee will ‘‘vote’’ on particular including the Chicago Bar Foundation, torneys. When she worked on the Tyco issues of public moment or controversy. I which helps provide free legal services litigation, Mary managed over 100 law- have instead tried to evaluate judicial can- to low-income and disadvantaged indi- yers and a $50 million budget. She man- didates on whether they have the requisite viduals. aged large litigation teams while work- intellect, experience, character and tempera- Mary Smith is not only a highly ing at the Skadden Arps law firm. And ment that Americans deserve from their qualified nominee, she is a historic during her service in the White House, judges, and also on whether they indeed appreciate the vital, and yet vitally limited, nominee. Mary is a member of the she helped manage and coordinate the role of the Federal judiciary faithfully to in- Cherokee Nation and, if confirmed, she work of multiple Federal agencies. terpret and apply our laws, rather than seek- would be the first Native American to None of the other recent Tax Division ing to impose their own policy views. I sup- hold the rank of Assistant Attorney nominees had as much management export Judge Hamilton’s nomination, and do so General in the 140-year history of the perience as Mary Smith, a fact that enthusiastically, because he is superbly Justice Department. She would be the has little value to the Judiciary Repub- qualified. highest ranking Native American in licans who voted against her. I hope my colleagues across the aisle DOJ history. Mary also has more Justice Depart- will keep these words in mind when I was sorry to see that when we took ment experience than her recent prede- they vote on the Hamilton nomination. up Mary Smith’s nomination in the cessors. She worked in the DOJ Civil Is Senator LUGAR the only Repub- Senate Judiciary Committee, the Re- Division as a trial attorney, and she lican in Indiana who supports Judge publican members voted against her. was a key member of President Hamilton? No. Another prominent Re- They alleged she was unqualified for Obama’s DOJ review team last winter. publican supporter is the president of the job because she doesn’t have as She understands the Justice Depart- the Indiana Federalist Society: Geof- much tax law experience as other re- ment as an institution, and the per- frey Slaughter. The Federalist Society cent Tax Division nominees. spective of the DOJ career staff.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11471 In short, Mary has an excellent back- they successfully filibustered 10 judi- push his own political agenda. A good ground to lead the Tax Division. She cial nominations by President Bush judge is able to set aside his or her own has litigation experience, management whom they considered ‘‘out of the personal opinions when deciding cases. experience, DOJ experience, and tax mainstream.’’ At the time, we insisted I do not believe that Judge Hamilton experience. None of the previous heads that this was a bad and inefficient can do this. I strongly encourage my of that office had all of these qualifica- precedent to set. However, the other colleagues to oppose this nomination. tions combined. side insisted on traveling down that Mr. DODD. Madam President, I note One of those prior Tax Division lead- road. Now the majority claims that if the absence of a quorum. ers, Nathan Hochman, has come for- we in the minority care about the good The PRESIDING OFFICER. The ward in support of Mary Smith’s nomi- of the country, we should just let any clerk will call the roll. nation. Mr. Hochman was the head of judicial nomination by the President The legislative clerk proceeded to the Tax Division under President sail through the Senate without any call the roll. George W. Bush, so he’s not exactly a objection. I would encourage those The PRESIDING OFFICER. The Sen- partisan Democrat. Mr. Hochman Senators to come to my office to listen ator from Connecticut. wrote a letter to the Senate and said to the hundreds of Kentuckians who Mr. DODD. I ask unanimous consent the following: call and write every day in opposition that the order for the quorum call be I am confident Mary will provide strong to the nomination of Judge Hamilton rescinded. leadership for the [Tax] Division and is a and tell those people that they are The PRESIDING OFFICER. Without good choice. . . . Mary’s private practice ex- being ‘‘obstructionists.’’ objection, it is so ordered. perience in complex financial litigation gives Judge Hamilton’s judicial record is f her a working background for the type of not only insufficient for the Seventh CREDIT CARD RATE FREEZE ACT cases litigated by the [Tax] Division. Circuit, it is downright scary. He OF 2009 I would suggest that President Bush’s prides himself on blatant judicial ac- Tax Division leader has a better under- tivism. On multiple occasions, Judge Mr. DODD. Madam President, I wish standing of what it takes to lead the Hamilton has argued that judges have to make some brief comments. I will Tax Division than a handful of Sen- the power to change the Constitution yield to my colleague from Colorado, ators. when making court decisions. He has Senator UDALL, in a moment, and then Ted Olson is another prominent Re- stated: at the conclusion of his comments I publican who supports Mary Smith for part of our job here as judges is to write a se- will propound a unanimous consent re- this position. Mr. Olson is one of the ries of footnotes to the Constitution. quest. I will not do that until I know most respected lawyers in America and If Judge Hamilton would have prop- there is an objection that will be ren- he served as the Solicitor General at erly read the Constitution, I am sure dered, and I would certainly wait until the Justice Department under Presi- he would have realized that it explic- I know that is coming. I will not, obvi- dent George W. Bush. He worked close- itly says that Congress is the only ously, make the request until that per- ly with the Tax Division and rep- branch which has the authority to son arrives so they can express their resented that office in cases before the make any kind of additional mark to objection. Regretfully, I might add, Supreme Court. that document. they are going to express that objec- Ted Olson wrote a letter to the Sen- Looking at his record, Mr. Hamilton tion, but, nonetheless, I don’t want ate and called Mary Smith ‘‘a first-rate has issued some very troubling rulings them to be worried that I would some- litigator’’ and ‘‘a fine choice to be this on child predators. He specifically in- how try to sneak this in, knowing nation’s Assistant Attorney General validated a law that required convicted there is an objection to be filed. for the Tax Division.’’ sex offenders to provide information to I rise this afternoon in support of leg- The Senate has received dozens of law enforcement agencies for tracking islation that would do something that other letters of support for Mary purposes. In another instance, Mr. I think most Americans would support Smith, including many from our Na- Hamilton petitioned the President to as well, regardless of where you live tion’s leading Native American leaders. grant clemency for someone guilty of and what your economic circumstances They are eager for the Senate to con- producing child pornography. The Su- may be; that is, to freeze interest rates firm Mary so she can become the high- preme Court only hears a small frac- on existing credit card balances until est ranking Native American in the tion of petitioned cases, and, in many the full protections of the Credit Card history of the Justice Department. cases, precedent is set at the circuit Accountability Act we wrote earlier The month of November is National level. Does anyone want someone on this year go into effect. As many of my American Indian and Alaska Native the bench setting this kind of prece- colleagues will recall, on a vote of 90 to Heritage Month. We would honor our dent? 5, we passed a bill early this year by a Native American community by con- Furthermore, in practicing his judi- near unanimous vote because we all firming Mary Smith this month. cial activist point of view, Judge Ham- heard the same stories from our con- I urge my Republican colleagues to ilton struck down an Indiana law that stituents across the country: Credit stop blocking this important nomina- simply required women to receive med- card companies charging outrageous tion and agree to a vote on my Illinois ical information on the effects of an fees; consumers finding out that the in- constituent, Mary Smith. abortion before going through the pro- terest rates had been jacked up for no Mr. BUNNING. Madam President, I cedure. This is a commonsense law and apparent reason whatsoever; families rise today to speak in opposition to the similar laws have never been invali- struggling to make ends meet and nomination of Judge David Hamilton dated by any other judge in the coun- being driven further and further and for the Seventh Circuit Court of Ap- try. The Seventh Circuit Court, to further into debt by what I would de- peals. which Mr. Hamilton has been nomi- scribe as abusive practices. First of all, I would like to speak on nated, reversed and was harshly crit- On that day, on the day we passed the state of the judicial nomination ical of this ruling. The Seventh Circuit the bill, we declared that credit card process in the Senate. For several reversed another outlandish ruling of companies were unfairly padding prof- weeks now, I have listened to my col- Judge Hamilton’s. He prohibited prayer its at the expense of the people we leagues on the other side of the aisle in the Indiana House of Representa- work for, so we put a stop to it. Today, speak on this floor about so-called ob- tives that mentioned Jesus Christ, but it is no different, unfortunately. Know- structionism by the minority regarding inconsistently allowed prayers that ing that the Credit Card Act will fi- judicial nominations. For 214 years, the mention Allah. These outline a very nally protect consumers from these U.S. Senate enjoyed a tradition of troubling pattern on the bench. abuses, the industry has tried to make holding fair up-or-down votes on judi- If any of the President’s judicial one last grab for their customers’ pock- cial nominees regardless of the Sen- nominees deserve scrutiny, Judge Ham- etbooks, and that is what has been ate’s political makeup. Beginning in ilton is one of them. His record is going on over these past several 2003, my colleagues on the other side of clearly out of the mainstream of public months. I think this behavior is deplor- the aisle ended that tradition when opinion and he clearly is motivated to able, to put it mildly. We can, once

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11472 CONGRESSIONAL RECORD — SENATE November 18, 2009 again, put a stop to it, and that is what from Colorado and I will yield to him Mr. DODD. Madam President, I I will be proposing shortly. for a couple minutes and when he fin- thank my colleague for his remarks. The legislation I rise to discuss ishes his remarks I will make a unani- Many others have similar views on would immediately freeze interest mous consent request that we proceed this. I regret that there is going to be rates on credit cards to ensure that to the immediate consideration of Cal- an objection filed to a measure that Americans are protected until the full endar No. 189, the Credit Card Rate would have allowed us to do something provisions of that law go into effect in Freeze Act; further, that the bill be meaningful for our fellow citizens at February. The holiday season is upon read a third time and passed, and that this time of the year. us. Hard-pressed Americans want to go a motion to reconsider be laid upon the Madam President, I ask unanimous out and do what they can to help their table with no intervening action or de- consent that the Senate proceed to the families and to celebrate at a very dif- bate. This would provide us a window immediate consideration of Calendar ficult time. Some joy—and a lot of that of about 12 weeks—that is what it No. 189, S. 1927, the Credit Card Rate will have to occur, obviously, by tak- amounts to, between now and the 1st of Freeze Act of 2009; further, that the bill ing a credit card out to make those February—during this holiday season be read the third time and passed, and purchases during the holiday season, to put a stop to these outrageous rates the motion to reconsider be laid upon the Thanksgiving break coming up, for and fees being charged to people. the table, with no intervening action putting food on the table, traveling, I hope my colleagues, whether you or debate. calling a family member, calling a agreed with the bill—although most The PRESIDING OFFICER. Is there friend. All those activities, to some de- did; 90 colleagues voted for the bill in objection? gree, given the hardship people are the spring—why wouldn’t you join us Mr. COCHRAN. Madam President, on feeling, will require them to use that today in allowing 12 weeks for a freeze behalf of several Senators on this side credit card in too many cases. on these rates that are occurring to of the aisle, I object. To do so, of course, they are watch- give our fellow citizens across this The PRESIDING OFFICER. The Sen- ing in this window an industry con- country a chance to meet these obliga- ator from New York is recognized. Mr. SCHUMER. Madam President, I tinuing to skyrocket these rates as tions. am sorry there is an objection. I will well as these fees on people. With that, I yield to my colleague Let me tell my colleagues something: from Colorado. yield to the Senator from New Jersey. The reason we allowed a gap period be- The PRESIDING OFFICER. The Sen- I will take the floor after the Senator tween the passage of the legislation ator from Colorado. from New Jersey. The PRESIDING OFFICER. The Sen- and the imposition of the regulations Mr. UDALL of Colorado. Madam ator from New Jersey is recognized. or the statutory requirements was be- President, I rise in support of the motion that has been made by the senior Mr. MENENDEZ. Madam President, cause the industry came to me and to my colleague from New York, Sen- said: Senator, we are going to need Senator from Connecticut, which requests consent for the Credit Card Rate ator BENNET and I are here on a dif- some time to administer—to change Freeze Act. I wish to associate myself ferent matter. If the Senator will be how we provide these kinds of benefits with his remarks. I am a proud original brief, I am happy to wait until he fin- to people, so would you give us a little cosponsor of his bill. I wish to urge, as ishes. window here to operate. On the basis of our chairman has, our friends on the Mr. SCHUMER. I thank the Senator that request, we did so. They wanted other side of the aisle to lift their holds for his usual graciousness. I commend longer, but we thought February was on this important legislation. my colleague from Connecticut for the fine. If that had been what they had Credit card companies have forced outstanding job he has done on this done, I think most of us would say we unfair and abusive practices on Amer- issue. I regret that the consent to move understand that. Unfortunately, they ican consumers for too long. I have to the legislation has been blocked. have taken that window and used it as fought for several years and introduced The bottom line is this: We know a way to jam in on the consumers of a number of bills that would put an end there are real problems in the credit this country, particularly at a time to these practices. We passed a law this card industry. We know that things are when, again, people are losing their year that will level the playing field happening you would never imagine jobs, their homes, their health care, for consumers and put an end to the would happen. People are moving inter- their retirement, and the holiday sea- worst abuses by February of next year. est rates—maybe you had your balance son is upon us. Let me tell my colleagues what has at $4,000, 7 percent, and you know your Every 6 months, card companies will been happening since then. Credit card family budget, and then it goes up to be required, under our bill, to review companies are using that time before $23,000. This legislation would have each account they hit with a high rate the new law goes into effect to get rate stopped that. hike since January of 2009 and reduce and fee hikes in under the wire. It is What the banks are doing now is the rate if the customer has become happening at the worst time possible, jumping the gun and moving things less of a credit risk. as the chairman pointed out. American ahead in a way that is very wrong. To As consumers, obviously, we have a families are struggling in a reces- move up the date would simply make responsibility to spend within our sionary period. The last thing our fam- sure this legislation affects more peo- means and to pay what we owe. We ilies need is higher interest rates and ple than it would have. It is a good bear that responsibility. But the credit extra fees, especially on consumers idea. I hope we will still reconsider it card industry as well has a responsi- who are already playing by the rules. later. I hope the public, who cares bility to deal with their customers This has been a classic case of a about this, will let all Senators from honorably. There is nothing honorable David versus Goliath situation. I say it both sides of the aisle know how impor- about what has happened with these is time to take on Goliath and stop tant this is. significant rate increases and fees. credit card companies from gaming the With that, I thank the Senator from Most importantly, they don’t have a system at the expense of American Connecticut. He has been such a leader right to rip off American families, es- consumers. This bill Chairman DODD in fighting for consumers throughout pecially when the Congress has already and I are supporting would provide con- this session. He deserves every Ameri- gone on record opposing the very ac- sumers and small businesses who play can’s thanks. tions they are engaging in and doing so by the rules a better foundation to pay I yield the floor. in a timeframe that was given to them off their debts, or to buy groceries and The PRESIDING OFFICER. The Sen- to adjust to the new changes that will business supplies, and most important, ator from New Jersey is recognized. occur under the credit card legislation. they should get fair treatment from Mr. MENENDEZ. Madam President, I Instead of fulfilling that obligation, the credit card companies. know my colleague from Colorado, they are using it as a window to grab This is a critically important bill for Senator BENNET, wants to speak to this as much as they can out of the pockets economic recovery. It is the right thing issue as well. He has been a champion, of hard-pressed consumers. to do. I urge my friends on the other along with me and several others, to So let us help consumers have a side of the aisle to join us and allow it try to bring justice to an issue that is break in all this. I see my colleague to move forward. incredibly important.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11473 It is no secret that decades of indif- riculture the designation of ‘‘the last There being no objection, the mate- ference and discrimination in lending plantation,’’ putting people’s lives and rial was ordered to be printed in the practices at the U.S. Department of livelihoods at risk, we simply cannot RECORD, as follows: Agriculture have made it difficult for wait any longer. Certainly, for exam- NOVEMBER 18, 2009. minority farmers—specifically His- ple, Alfonso and Vera Chavez cannot President BARACK H. OBAMA, panic farmers—to make a living at wait any longer. The Fresno Bee re- The White House, what they love to do and have done, in ported last week that Mr. and Mrs. Washington, DC. many cases, for generations, leaving Chavez stopped farming 7 years ago DEAR PRESIDENT OBAMA: As the named when they could not get a USDA loan. plaintiff in the landmark case Pigford v. many no choice but to leave the farms Glickman, I urge you to direct the Secretary and ranches they have tended to all of In fact, they said they not only could of Agriculture and the Attorney General to their lives. not get the loan but they were discour- begin immediately good faith negotiations In the year 2000, 110 Hispanic farmers aged from applying and, even worse, to resolve the pending discrimination law- brought a lawsuit against the U.S. De- they believed they were given misin- suits brought on behalf of Hispanic, Native partment of Agriculture for the same formation so they would not apply. To American and women farmers pursuant to egregious discriminatory practices quote Vera Chavez, who told the re- Section 14011 of the Food, Conservation and that resulted in a historic settlement porter, ‘‘It was like they didn’t want us Energy Act of 2008 (‘‘2008 Farm Bill’’). They with African-American farmers. For 8 to have the money.’’ have suffered the same discrimination by the United States Department of Agriculture long years, under the last administra- Mr. and Mrs. Chavez owned 300 acres. They sold off 200 of those acres, shut (‘‘USDA’’) as African American farmers. Just tion, thousands of Hispanic farmers as USDA addressed the claims of African who joined the suit waited and waited down their packing house, and leased Americans on a classwide basis, it should and waited for justice. Some of them the remaining hundred acres to sur- similarly settle the discrimination claims of died waiting and will never be made vive. Vera said, ‘‘It is why we have Hispanic and other minority farmers on a whole. For 8 long years, the Bush ad- been hanging onto those 100 acres, so classwide basis. ministration did nothing. my children and grandchildren can As you may be aware, between 1997 and These hard-working farmers, His- have a little piece of land we worked so 2000, in addition to my lawsuit, three other identical lawsuits were filed in the same panic families, who bought a piece of hard to get. I am not going to give up. But we have written so many letters, courthouse: my suit on behalf of African land and built a family farm—their American farmers, Keepseagle v. Glickman small piece of the American dream— had so many meetings, and nothing on behalf of Native American farmers, Gar- were wrongly denied loans and other seems to be moving forward.’’ cia v. Glickman on behalf of Hispanic farm- benefits in violation of the Equal Cred- We need to move this forward. It is ers and Love v. Glickman on behalf of it Opportunity Act by county commit- about fairness, about doing what is women farmers. tees that review Farm Service Admin- right. When we see discrimination in In my case and the Keepseagle case, two different judges (Friedman and Sullivan) cer- istration credit and loan applications any form, and when those who have been wronged because of their race, tified the cases as class actions on the basis for approval. Consequently, these farm- of USDA’s admitted failure to investigate ers filed suit in the hope that it would gender, or heritage are forced to sell what they have worked a lifetime to discrimination complaints filed by African change the discriminatory practices at American and Native American farmers at build—abandoned by the last adminis- the USDA, how it treated America’s USDA’s behest. USDA failed to investigate tration that cared more about Wall minority farmers; but under the Bush the complaints because it had secretly dis- Street than Main Street—we have to administration, nothing changed, the mantled its civil rights investigatory appa- make things right for them, for people discrimination continued. ratus in the early days of the Reagan Admin- like Vera and Alfonso Chavez. We need istration. In the Love and Garcia cases, how- Then something did change. We got a to make sure that they can keep their ever, a different judge, Judge Robertson, re- new President and a new Secretary of farms and give them back their lives. fused to certify classes on the same basis Agriculture, who described past prac- All these farmers are asking for is a that Judges Friedman and Sullivan had ap- tices at the U.S. Department of Agri- commonsense solution sooner rather plied in my case and Keepseagle, respec- culture as ‘‘a conspiracy to force mi- tively, notwithstanding the fact that the than later, because they have waited nority and socially disadvantaged D.C. Circuit had renewed those certifications long enough. on at least three occasions and had found no farmers off of their land.’’ Con- I received a letter that is addressed sequently, the administration com- fault with the certifications. Indeed, in my to the President. It is a letter from the case, the D.C. Circuit expressly approved a mitted to appropriate $1.25 billion in named plaintiff in the landmark case settlement that has to date resulted in near- the fiscal 2010 budget to settle some of Pigford v. Glickman. That was a case ly $1 billion being paid to approximately the outstanding discrimination law- that brought together African-Amer- 15,000 African American farmers. suits but not all of them. To date, His- ican farmers in that landmark deci- While USDA and DOJ use the lack of class certification as an excuse to refuse to bring panic farmers, women, and Native sion, who were also discriminated Americans have not yet seen a settle- about a just and efficient resolution of these against. The letter to the President by cases through negotiations of classwide set- ment. Mr. Pigford says, referring to Hispanic, We need to remedy this situation tlements, such excuses ring particularly hol- Native-American, and women farmers: low. First, USDA and DOJ have steadfastly once and for all. The new U.S. Depart- They have suffered the same discrimina- refused to settle the Keepseagle case despite ment of Agriculture Secretary needs to tion by the United States Department of Ag- the fact that it was certified as a class ac- make these farmers whole. Secretary riculture as African American farmers. Just tion eight years ago. Second, tens of thou- Vilsak has created a task force to re- as USDA addressed the claims of African sands of African American farmers who view the park and civil rights com- Americans on a classwide basis, it should missed the filing deadline to participate in plaints and announce new efforts for similarly settle the discrimination claims of the settlement in my case have filed new the U.S. Department of Agriculture to Hispanic and other minority farmers on a lawsuits pursuant to Section 14012 of the 2008 end any and all discriminatory prac- classwide basis. Farm Bill. While none of these cases has . . . Furthermore, it makes no sense for been certified as a class action, the govern- tices, and I commend the secretary for four minority groups to suffer the identical ment has expressed its desire to settle these addressing this lingering issue. But discrimination from the same federal agency on a classwide basis and you have announced more needs to be done. and yet only one of those four groups to be your intention to appropriate an additional As I said, along with seven of my col- compensated on a classwide basis. $1.25 billion to cover their damage claims. leagues, in a letter to the President, It goes on to say: Third, of the four identical cases handled by quoting from that letter, we said: Mr. President, fundamental fairness and three different judges, two judges have cer- The U.S. Department of Agriculture’s cor- simple practice demand that you close the tified classes on the basis of USDA’s admit- rective role in this instance has been clearly entire book on all discrimination at USDA ted failure to investigate discrimination laid out, and there remains no legitimate and, consistent with section 14011, ‘‘resolve claims. Fourth, class certification is a proce- reason to delay action for any of the affected all pending claims and class actions in an ex- dural matter that does not address the un- groups. peditious and just manner.’’ derlying discrimination that is in fact admitted. The fact is that 8 years after a do- I ask unanimous consent to have Secretary Dan Glickman, the original de- nothing Republican administration printed in the RECORD Mr. Pigford’s fendant in all four cases, has testified before that earned the U.S. Department of Ag- letter to the President. Congress that USDA has ‘‘a long history of

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11474 CONGRESSIONAL RECORD — SENATE November 18, 2009 . . . discrimination’’ and that ‘‘[g]ood people patently unfair and unjust. You will Mr. DeHerrera, also of Antonito, CO, . . . lost their family land not because of a never turn the page on the past dis- writes: bad crop, not because of a flood, but because criminatory practices within USDA In desperation, I approached [someone] at of the color of their skin.’’ Rosalind Gray, a the . . . FSA to request a loan of approxi- former director of USDA’s Office of Civil until all victims—every last one of mately $80,000 so I could at least keep the Rights, has testified that ‘‘systemic exclu- them—are made whole for the loss of farm from being foreclosed. . . . He told me sion of minority farmers remains the stand- their land, their dignity, and their ard operating procedure for FSA [the Farm hope for a decent life for themselves very hatefully that they refused to approve Service Agency].’’ and their families. Let us move quickly either my loan or the loan of the Sandoval brothers. In addition, both during his confirmation to give them the chance they have hearing and subsequently, Secretary Vilsack waited for, the chance to rebuild their He continues: made strong statements expressing the ad- lives. I am convinced [FSA] refused to approve ministration’s desire, consistent with Sec- the Sandoval’s loan because both the buyer tion 14011 of the 2008 Farm Bill, to settle all With that, I yield the floor. The PRESIDING OFFICER. The Sen- and the seller of the farmland to be pur- of the pending discrimination cases. Unfortu- chased were Hispanic American farmers. nately, USDA’s action have fallen short of ator from Colorado is recognized. the promises contained in Secretary Mr. BENNET. Madam President, I am Reading through the many letters I Vilsack’s statements. Indeed, the refusal by very pleased to rise today to join the have received from Hispanic farmers in USDA and DOJ to entertain settlement dis- Senator from New Jersey to discuss the Colorado and the meetings I have had cussions on a classwide basis is totally at injustices committed against Hispanic all across my State and the letters odds with the clearly expressed will of Con- farmers over the course of many years. from people all over the country, a pat- gress as expressed in Section 14011 and ir- tern emerges—one of thinly veiled dis- reconcilable with Secretary Vilsack’s repeat- I also thank Senator MENENDEZ, the congressional Hispanic caucus, and my crimination that starts by discour- edly stated desire to settle all the pending aging Hispanic farmers from applying lawsuits. Furthermore, it makes no sense for colleagues who have come to the floor four minority groups to suffer the identical to demonstrate their leadership on this for FSA loans in the first place. All too discrimination from the same federal agency issue. frequently, this discrimination re- and yet only one of the four groups to be For the reasons Senator MENENDEZ sulted in the loss of a farm and the loss compensated on a classwide basis. The Clin- laid out, it is long past time to call at- of a way of life. ton Administration properly saw fit to order tention to this indefensible injustice I have had farmer after farmer say USDA and DOJ to begin negotiations with and to lend our voices to a better way they had to get out of the business of the representatives of the African American forward. As is well known, for years— farming, that they could not leave farmers when confronted with the obvious their farms to their children, which is injustice in that case. In announcing last decades—minority farmers were sys- spring an additional $1.25 billion for African tematically discriminated against the only dream they have in their life, American farmers who missed the filing when they visited local USDA farm because of the discrimination they suf- deadline in my case, you stated your hope service agency offices all across this fered at the hands of our Federal Gov- that your action would ‘‘close a chapter’’ in country. They were denied loans and ernment. the sorry history of USDA discrimination farm program assistance because of President Obama’s new Agriculture against minority farmers. Mr. President, their skin color, ethnicity, or gender. Secretary, Tom Vilsack, has repeat- fundamental fairness and simple practice de- Senator MENENDEZ did a good job de- edly, much to his credit, emphasized mand that you close the entire book on all his commitment to addressing the discrimination at USDA and, consistent with scribing the case. Section 14011, ‘‘resolve all pending claims I want to give some examples from longstanding civil rights problems that and class actions in an expeditious and just my State, because in many cases, be- have plagued the Department and to manner.’’ (Emphasis added.) The only thing cause of this discrimination, these charting a new era. I commend the Sec- standing between ‘‘an expeditious and just’’ farmers lost their livelihoods and their retary’s commitment and the dedica- resolution of these cases is the will to do it. way of life. If we choose to let some of tion the Obama administration has You, sir, are in a unique position to end once them make their case, and deny that made to chart a new future for the and for all USDA’s all-too-well deserved rep- chance to others, then we repeat these USDA. utation as ‘‘the last plantation’’ and to bring Yet that does not fix the wrongs of long-overdue accountability and trans- historic civil rights wrongs all over parency to the USDA-administered farm again. yesterday. Congress has taken some credit and non-credit farm benefit programs. Among the many letters I have re- positive steps, and the administration Respectfully, ceived is a declaration from Mr. Gomez has created a process for resolving the TIMOTHY C. PIGFORD. of Alamosa, CO, a former USDA em- claims of some minority farmers, even Mr. MENENDEZ. We urge Secretary ployee who served his country for 30 dedicating significant funds toward Vilsak to ensure all farmers will be years. In seven pages of excruciating this end. But a path to justice has not granted the same consideration so they detail, Mr. Gomez explains how he, as a yet been charted for Hispanic farmers. can begin to rebuild their lives and loan officer, witnessed discrimination The best way America can send a their farms this year. Despite clear in granting of FSA loans. Reasons message that our government will not language in section 14011 of the Food loans were denied were recorded as ‘‘in- discourage minorities from partici- Conservation and Energy Act of 2008, sufficient experience,’’ or other subjec- pating in public programs, will not dis- which urges the administration to set- tive terms. As Mr. Gomez gained more criminate against them, is proactively tle lawsuits brought by Hispanic and responsibility, he was eventually in a to pursue justice. other farmers, the administration position to review loan applications It is time the administration and clearly needs to assure Hispanic farm- from around the region he supervised, Congress come together and do more ers, many who have come to me, Sen- and he became increasingly aware of a than just acknowledge past wrong ator BENNET, and others to ask for pattern of discrimination. doing at the USDA. It is time to ad- help, that it fully intends to address In another letter, Mr. Sandoval of dress that wrongdoing. these cases consistent with section Antonito, CO, tells of repeatedly being I will say that my predecessor in this 14011 of the 2008 farm bill. turned away from local loan offices and job, Ken Salazar, our great Senator We simply cannot continue down this denied FSA loans on grounds that he from Colorado, now our Interior Sec- winding road to nowhere. To ignore the did not have the ‘‘character’’ nec- retary, comes from a part of my State plight of the thousands of Hispanic essary. Mr. Sandoval explains how his called the San Luis Valley. Ken farmers, families who seek nothing inability to access credit through the Salazar’s family settled that land long more than justice, who want only a USDA limited his ability to grow his before Colorado was even a State. If chance to keep the farms and ranches farming operation and become a more you drive down there and visit San they worked so hard for all of their successful farmer. Luis, what you will see is an irrigation lives, is wrong. Another Mr. Sandoval of Commerce ditch that was dug before our State For 8 years, thousands of families City, CO, writes: was even a State. Among the names of like the Chavezes were ignored. Now we This has been going on for so long that the people, the names of the farmers need to change that. We need to move some farmers have lost their lives waiting and the ranchers who were entitled to quickly to resolve what is clearly and for justice to prevail. take water from that ditch because

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11475 they had been there, and had been ate and in the House to express our de- ment of an enormous body of national legis- there to dig that ditch, is the name sire to bring this disgraceful chapter to lative initiatives and policy over many dec- Salazar, the proud name Salazar. It is a close. During the most recent debate ades: now, therefore be it wrong, after generations of people have on America’s 2008 farm bill, we af- Resolved, That the Senate recognizes and committed their lives and their fami- firmed that it is the sense of Congress commends Robert C. Byrd, Senator from West Virginia, for his fifty-six years of exem- lies to agriculture in places such as that all pending claims and class ac- plary service in the Congress of the United Colorado and all across the country, tions brought against the Department States. that we have discriminated against of Agriculture by socially disadvan- them for decades and, when that dis- taged farmers or ranchers be resolved There being no objection, the Senate crimination is discovered because of in an expeditious and just manner. proceeded to consider the resolution. some legal technicality or because I would like to acknowledge that Mr. DURBIN. Madam President, they got the wrong judge, they find Secretary of Agriculture Tom Vilsack when Senator ROBERT C. BYRD first en- themselves unable to redress that dis- has been courageous in this matter, tered the Senate in January 1959, he crimination. and I am pleased that the administra- shared the floor with three future I am very pleased to have the chance tion views this as a priority. I am also Presidents: Senators Lyndon Johnson, to be here today with Senator MENEN- pleased that the Secretary has ex- John Kennedy, and occasionally, when DEZ and other colleagues to call this to pressed his intent to ensure that no a tie-breaking vote was needed, Vice the attention of the administration other farmers experience the same dis- President Richard Nixon. Those men and to say that we need to do more crimination and that he will take de- now belong to history, but Senator than just acknowledge this problem. It finitive action to improve USDA’s BYRD is still making history. is time for us to help address the prob- record on civil rights. I remain ready It is an honor to see him make his- lem. and willing to work with the adminis- tory, once again, as he becomes the Madam President, I yield the floor. tration and my colleagues to support longest serving Member of Congress in Mr. UDALL of Colorado. Madam this policy. the history of America. He has given 56 President, today I join my colleagues I want to emphasize that this is an years, 10 months, and 16 days—a total in bringing this body’s attention to an issue of fundamental fairness. The of 20,744 days—of dedicated service to issue of fundamental fairness that con- sooner we can resolve this, the sooner the Congress, to the Constitution of tinues to remain unaddressed. we can look forward to a USDA that the United States of America, and, of More than 10 years ago, Hispanic serves all Americans equally. It is my course, to his beloved West Virginia. farmers from my home State of Colo- hope that these cases be resolved expe- What a remarkable achievement. rado joined other Hispanic farmers ditiously and fairly so that the farmers throughout the country to stand up Senator BYRD’s masterful, four-vol- and their families who have suffered ume history of this body is the defini- against injustice. They chose to con- the real effects of discrimination can front—rather than accept—discrimina- tive account. His own historical finally put this matter to rest. records could fill nearly a volume of tion when they filed their case against f the U.S. Department of Agriculture on history for the Senate on its own. He COMMENDING ROBERT C. BYRD grounds that the Farm Service Agency served in Congress with—not under—11 denied loans and disaster benefits in The PRESIDING OFFICER. The dis- different Presidents. Three and a half violation of the Equal Credit Oppor- tinguished Senator from West Virginia. years ago, he became the longest serv- tunity Act and the Administrative Pro- Mr. ROCKEFELLER. Madam Presi- ing Senator in our Nation’s history, cedure Act. dent, I ask unanimous consent that the and he is the only Senator ever elected Earlier this month, I met some of Senate proceed to the immediate con- nine times to the Senate. He has cast these farmers in Colorado’s San Luis sideration of S. Res. 354, submitted ear- more votes—18,585—than any other Valley. Many of these men and women lier today. Senator in history. All these records proudly trace their heritage to some of The PRESIDING OFFICER. The are unlikely ever to be broken. the first settlers of Colorado who were clerk will report the resolution by He has also presided over both the title. shortest session of the Senate in his- the first to till the soil of the San Luis The legislative clerk read as follows: Valley and establish Colorado’s earliest tory—six-tenths of a second on Feb- S. RES. 354 farming communities, spurring the de- ruary 27, 1989—and the longest contin- Whereas, Robert C. Byrd has served for uous session—21 hours, 8 minutes—on velopment of southern Colorado. fifty-six years in the United States Congress, Now, I understand that every farmer making him the longest serving Member of March 7 and 8, 1960. He has held more takes on enormous risk to keep our Congress in history, leadership positions—majority whip, country fed and prosperous. Yet when Whereas, Robert C. Byrd has served over minority leader, majority leader, and these farmers applied for Federal as- fifty years in the United States Senate, and President pro tempore—than any other sistance intended to make them whole is the longest serving Senator in history, Senator in history. having been elected to nine full terms; again—assistance intended to help Whereas, Robert C. Byrd has had a long During the administration of Presi- family farmers stay in business—the and distinguished record of public service to dent Jimmy Carter, Senator BYRD, record suggests that this aid was de- the people of West Virginia and the United then the majority leader of this body, nied or delayed, not because their re- States, having held more elective offices was criticized by some for not doing quest lacked merit but because of their than any other individual in the history of enough to help the President of his Hispanic heritage. West Virginia, and being the only West Vir- party. Senator BYRD replied: I found that shocking. It wasn’t any ginian to have served in both Houses of the West Virginia Legislature and in both I am not the President’s man. I am a Sen- weather event that led these men and ate man. women to financial hardship or the loss Houses of the United States Congress; Whereas, Robert C. Byrd has served in the He is a passionate and unyielding de- of their family farm. The obstacles Senate leadership as President pro tempore, they faced when applying for a loan or Majority Leader, Majority Whip, Minority fender of Senate rules and preroga- disaster assistance were far worse than Leader, and Secretary of the Majority Con- tives—not as an end in themselves but any drought, flood, hail or windstorm ference; as a means of preserving our Constitu- they had ever confronted. It was dis- Whereas, Robert C. Byrd has served on a tion and our balance of power. crimination based on their heritage Senate committee, the Committee on Appro- I will always remember his eloquent priations, which he has chaired during five and valiant effort which he waged in that kept them from receiving timely Congresses, longer than any other Senator; support from an agency whose mission Whereas, Robert C. Byrd is the first Sen- 2003 to try to persuade this Senate not is to support all of America’s farmers ator to have authored a comprehensive his- to grant broad war-making authority equally. tory of the United States Senate; to the executive branch. He was a true Evidence of discriminatory practices Whereas, Robert C. Byrd has throughout study in political and moral courage in the U.S. Department of Agriculture his service in the Senate vigilantly defended and it was not missed on the popu- the Constitutional prerogatives of the Con- is an unfortunate and shameful part of gress; lation of America. When my wife and I our history. On several occasions, I Whereas, Robert C. Byrd has played an es- attended church in Chicago at Old St. have joined my colleagues in the Sen- sential role in the development and enact- Patrick’s, our regular parish, after the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11476 CONGRESSIONAL RECORD — SENATE November 18, 2009 communion, as we were kneeling in our longest serving Federal lawmaker institution and its vital role in our de- pews, an older man came by and leaned since the founding of this country. mocracy. over, obviously having followed the Many this week are depicting ROBERT Senator BYRD has been a dear per- Senate debate on the war in Iraq, and BYRD’s long list of achievements in sonal friend to so many of us. He has said to me in a voice that could be numbers, and it is large numbers, and been such a mentor. heard around the church: ‘‘Stick with there are certainly many of those Madam President, since the Vice Bob Byrd.’’ I told Senator BYRD that achievements. The Senator from West President of the United States has just story and he loved it. Virginia, for instance, actually began entered the Chamber, I wanted to re- It is fitting that Senator BYRD keeps serving in the Senate the same year call for him that 9 years ago, in our a copy of the Constitution in his breast that Alaska became a State, 1959. He freshman class of Senators, Senator pocket because its promises and obliga- has been elected to no fewer than nine BYRD took us on as a special project to tions are always that close to his Senate terms. Before the Senate, he teach us the protocol of how to preside. heart. In 2001, he was named West Vir- served in the House for 6 years, and I can tell you what class a Presiding ginian of the Century by his Governor now in the Senate for 50 years, 10 Officer comes from now, if it was a and legislature. Indeed, the name months, and 18 days. He has cast well class that was under the tutelage of ‘‘Robert C. Byrd’’ is nearly synony- over 18,500 votes. Senator BYRD, because there was a mous with West Virginia. Senator BYRD has presided over the right way and a wrong way to preside The story of his early life is the story longest session of the Senate—more in the Senate. The Vice President is ac- of struggle and great achievement. It than 21 hours—and he has presided over knowledging that is true. also is a story highlighted by his mar- the shortest. We have had no fewer By the way, I have the privilege of riage to his high school sweetheart than 11 Presidents since he first took standing at the desk the Vice President Erma Ora James Byrd, a coal miner’s office. used to occupy. I particularly chose daughter. He married her in 1937, and But the numbers don’t tell all of the this desk because not only has he been she was his rock for 69 years. story because ROBERT BYRD has been such a great mentor to me personally He never gave up on his dream of one of the greatest representatives of but a very dear friend. higher education, earning his law de- and advocates for the folks in his be- With Senator BYRD, all of us grieved gree from American University in 1963 loved State of West Virginia. He is that with him 3 years ago when his beloved after attending night school for 10 larger-than-life, that iconic figure in wife Erma passed away. I know he years. He earned his bachelor’s degree our Nation’s history too. He is the Sen- yearns for her and wishes she could be from Marshall University in 1994, at ate’s premier Member-observer. He is by his side on this historic day. the age of 77. the Senate’s institutional history. Now there is another number that is He has been winning elections for 63 I flash back to that first day—and going to be important in ROBERT years, and he has never—not once—lost you never forget the first event of an BYRD’S life. In just 2 days, he cele- a race. He was elected in 1952 to the occurrence in your life. It was my brates his 92nd birthday. We all hope House, where he served three terms. maiden speech, my first speech on the we can be here with him for many more Before that he served in the house of floor of the Senate 91⁄2 years ago. I was years. delegates and the senate of his home at one of those junior desks right over Remember what President Reagan State of West Virginia. He is the only there. I gave my maiden speech. It was had to say about age and leadership. He person in the State’s history to carry actually on the budget. We happened to said: all 55 of the State’s counties—a feat he have a surplus then. I was laying out I believe that Moses was 80 when God first accomplished several times—and the how we ought to preserve that surplus; commissioned him for public service. only person in the State’s history to as a matter of fact, even use it to pay If the Lord is using that same com- run unopposed to the Senate of the down the national debt. I happened to missioning for Senator BYRD, at 92, he United States. mention in the course of my remarks has a long way to go. The Lord would Eleven years ago, Senator BYRD that it was my maiden speech. All of a certainly say to Senator BYRD: Well spoke about his devotion to the Senate sudden those doors swung open and in done, my good and faithful servant. as part of the Leader Lecture Series. strode Senator BYRD, that white shock Madam President, I yield the floor. He called this Senate ‘‘the anchor of of hair flowing as he took his place The PRESIDING OFFICER. The Sen- the Republic, the morning and evening over there on the center aisle. ator from Hawaii. star in the American constitutional As I finished my remarks, he said: Mr. INOUYE. Madam President, I constellation.’’ Will the Senator from Florida yield? congratulate Senator BYRD on this his- He described the great panoply of And I said: Of course, I yield to the sen- toric milestone. It has been my pleas- men and women who have served in ior Senator from West Virginia. Sen- ure and a great honor to work and this body. He has said this Senate ‘‘has ator BYRD proceeded to give extempo- serve with Senator BYRD during his had its giants and its little men, its raneously a history of the maiden service to our Nation. He has served as Websters and its Bilbos, its Calhouns speeches in the Senate. a devoted champion to his home State and its McCarthys.’’ Of course, I was spellbound, I was of West Virginia. Senator BYRD is wor- I would offer as well that there has awestruck, as I listened to this walking thy to be part of the history of the only been one ROBERT C. BYRD. He is a American political history book recite United States, as he now becomes the unique patriot, a singular Senator, a from memory, on that particular occa- longest serving Member of the Con- Senator’s Senator. sion, something that had been impor- gress of the United States of America. We are honored to share this historic tant to this Senator on the occasion of I am pleased to join my colleagues in milestone with him today. We thank my very first speech in this extraor- paying tribute to his great service and him for his lifetime devotion to Amer- dinary august body. the accomplishments of this great ica, the Senate, and his beloved Con- Senator BYRD continues to be the American, Senator ROBERT BYRD of stitution. West Virginia can be proud Senate’s conscience. In the spirit of West Virginia. of this great man who has served them Thomas Jefferson, ROBERT BYRD has al- The PRESIDING OFFICER. The Sen- so well for so long. ways put public service ahead of per- ator from New Mexico. I yield the floor. sonal fortune. On many of our desks— Mr. UDALL of New Mexico. Madam Mr. NELSON of Florida. Madam and it is certainly in my personal office President, following on the heels of my President, I hope Senator BYRD may be in the Senate—are Senator BYRD’s ad- colleague Senator INOUYE, I congratu- within the reach of my voice because I dresses on the history of the Senate. late Senator BYRD on his many years wish to add my voice to the many who There were more than 100 of them de- of public service. Today Senator BYRD have commended him for his public livered in the past 10-year period. They passed a landmark in the Senate. He is service, especially today as we mark a have been called the most ambitious the longest serving Senator. He came milestone in the history of this Nation study of the Senate that had ever been to the Congress in my father’s class of because our Senate colleague, our undertaken. Every day they serve to representatives in 1954. My father President pro tempore, becomes the remind me of the living history of this Stewart Udall and the entire Udall clan

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11477 congratulate him on his record-setting Hart (D–MI). He has surpassed them duty in all things. You cannot do more. years of public service. all. You should never wish to do less.’’ Sen- Mr. BINGAMAN. Madam President, I According to the Senate Historical ator ROBERT C. BYRD has done his duty rise today to pay tribute to Senator Office, ROBERT BYRD was the 1,579th in all things—to himself, to his family, ROBERT C. BYRD as he becomes the person to become a U.S. Senator. Since to his State, to his Nation, and to God. longest-serving Member of Congress in he was elected to the Senate, another I am honored to join his and my col- American history. Senator BYRD has 334 individuals have become U.S. Sen- leagues here in the Senate, West Vir- served 56 years and 320 days. During his ators. All in all, ROBERT BYRD has ginians, and all Americans in paying time in the Senate Senator BYRD has served with over 400 other Senators. tribute to this great Senator and this cast more than 18,500 votes, more than And I am certain that all of them have great man. any Senator in history. held their colleague, as I do, in the Mr. GREGG. Madam President, I rise Senator BYRD was elected to the U.S. highest esteem. today to recognize the longest-serving House of Representatives in 1952, and Senator BYRD’s modest beginnings in lawmaker in congressional history; I he was sworn in to the U.S. Senate on the hard-scrabble coal fields of Appa- rise to recognize a leader; and I rise to Jan. 3, 1959. This was, coincidentally, lachia are well known. Suffice it to say recognize a friend. the same day that Alaska became a that his life is the quintessential Senator BYRD has served in Congress State, and before Hawaii was admitted American success story. for over 56 years. His tenure has tra- to the Union. He is now serving an un- I think every young American should versed 9 elections, 18,000 votes, 20,000 precedented ninth term in the Senate. learn about Senator BYRD’s life as an days, and 11 Presidents. I have had the Yet, to discuss only his longevity example of what hard work and persist- privilege of serving with Senator BYRD would do a grave disservice to the re- ence and devotion can accomplish in on the Senate Appropriations Sub- ality of what Senator BYRD has meant this country. committee on Homeland Security. I am to the U.S. Senate and to this country. Senator BYRD married his high- proud of our efforts to protect Ameri- Many distinguished Members have had school sweetheart, Erma Ora James, cans and make our Nation more secure, long careers in the Senate, but I be- shortly after they both graduated from especially in the area of border secu- lieve it is safe to say that none have Mark Twain High School in 1937. He rity and addressing the threat of weap- was too poor to afford college right contributed more to the preservation ons of mass destruction. Senator BYRD away and wouldn’t receive his degree of the history, traditions and strength was a terrific partner, and I valued his from Marshall University until 60 years of the Senate than ROBERT C. BYRD. input. And when we would give intro- later when he was 77. In between, he His knowledge of and reverence for the ductory remarks at the committee did something no other Member of Con- Constitution has served over these markup of our bill, I have never re- gress has ever done: he enrolled in law many years to remind us time and ceived such generous compliments school at American University and in again of the beauty, eloquence, and from another lawmaker. I hope Senator 10 years of part-time study while serv- timelessness of that document, and the CONRAD, my counterpart on the Budget ing as a Member of Congress, he com- importance of relying upon it as the Committee, is taking notes. pleted his law degree. touchstone of our deliberations. More recently, it is a testament to Senator BYRD was married to his be- his character and sense of duty that Senator BYRD has had many great loved Erma for nearly 69 years, and has after battling illness and absence ear- legislative and oratorical achievements been blessed with two daughters, six in his time in the Senate, but I wanted grandchildren, and seven great-grand- lier this year, Senator BYRD returned to refer briefly to just one today. His children. to once again craft our Nation’s home- outspoken opposition to giving Presi- During his Senate tenure, ROBERT land security budget: a $44 billion dent George W. Bush the power to wage BYRD has been elected to more leader- measure that funds natural disaster re- war against Iraq was an inspiration to ship positions than any other Senator sponse, antiterrorism efforts, and other those of us who shared his views, and in history. He has cast 18,585 rollcall critical programs to meet and repel the he never forgot those who were with votes. Only 28 other Senators in the various threats facing our homeland. him on that vote. The eloquence and history of the Republic have cast more Lastly, I want to recognize Senator passion with which he expressed his than 10,000 votes; Strom Thurmond is BYRD for his dedication to the Senate views were extraordinarily powerful; the only other Senator to cast more as an institution and his understanding his floor speeches exemplified the than 16,000 votes. Senator BYRD’s at- of its inner workings. No one can bet- power of language to shape ideas. I be- tendance record over the past five dec- ter recite or describe Senate rules and lieve that what has transpired in Iraq ades just under 98 percent is as impres- parliamentary procedures or better de- since those speeches has affirmed the sive as the sheer number of votes cast fend them. His encyclopedic knowledge courageous stance that he took. he has cast. of the Senate, as well as the copy of In conclusion, it is an honor and a Senator BYRD’s legislative accom- the U.S. Constitution which he always privilege to serve with Senator BYRD, plishments, from economic develop- carries in his jacket pocket, is some- and I congratulate him on this great ment and transportation to education thing that we can all respect and ap- milestone. and health care, are legendary. It is no preciate. He is a man committed to the Mr. CARDIN. Madam President, I surprise that he has won 100 percent of principles and laws that founded our wish to pay special tribute to Senator the vote of West Virginians in a pre- great Nation, and for that we should be ROBERT C. BYRD. Today, Senator BYRD vious election, 1976, or carried all 55 of thankful. becomes the longest-serving Member in West Virginia’s counties. In closing, we have much to thank the illustrious history of the U.S. Con- In the meantime, he has written five Senator BYRD for: merit-based scholar- gress. What an amazing accomplish- books, including the definitive history ships; teacher training programs; and ment! He already holds the distinction of the U.S. Senate. the strengthening of American history as the longest-serving Senator, and is Perhaps the highest tribute to Sen- curriculum in our schools. But one the only Senator in U.S. history elect- ator BYRD can be found in his bio- thing that many of us and our con- ed to nine full terms. graphical section of the ‘‘Almanac of stituents might take for granted, Sen- Considering that Senator BYRD won American Politics,’’ which states: ator BYRD is responsible for the cam- his first election, to the West Virginia ‘‘Robert Byrd may come closest to the eras in the Senate Chamber. As he House of Delegates, in 1946, it may be kind of senator the Founding Fathers often does, Senator BYRD put it elo- that he is the longest-serving elected had in mind than any other.’’ His fe- quently when he said that proceedings official in history—period. alty to the U.S. Senate and to the Con- should be televised to prevent the Sen- When ROBERT BYRD was elected to stitution has served as an inspiration, ate from becoming the ‘‘invisible the Senate in 1958 after serving in the a lesson, and a guiding light to all of us branch’’ of government. I couldn’t House for 6 years, he was part of a who have been privileged to follow him agree more. large, distinguished class that included in this chamber. Before yielding the floor, let me be such future giants as Hugh Scott, Gene Robert E. Lee said, ‘‘Duty is the most one of the first to wish our esteemed McCarthy, Edmund Muskie, and Philip sublime word in our language. Do your colleague an early Happy Birthday. He

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11478 CONGRESSIONAL RECORD — SENATE November 18, 2009 turns 92 this Friday. Happy Birthday, preference, ROBERT BYRD places the try—whether they be coal miners in friend. Constitution—a document always at West Virginia or autoworkers in De- The PRESIDING OFFICER. The Sen- hand in the Senator’s pocket. troit. And I am proud to stand here ator from Michigan. More than 3 years ago, Senator BYRD today, with so many of my colleagues, Mr. LEVIN. Madam President, I will reached another milestone—becoming to honor Senator BYRD’s remarkable be 30 seconds because I believe we are the longest serving Member of the Sen- service. ready to adopt a resolution. It has been ate. Let me repeat something I said Right outside my office, I proudly a long time since I was a young Sen- then: ‘‘That is the tribute we can all display a print of a painting made by ator listening to a man who was even pay to Robert Byrd: to defend this in- the Senator from West Virginia, a very then a giant of the Senate. For hours, stitution, to stand for its procedures, beautiful scene of West Virginia tran- Senator ROBERT C. BYRD would speak and to carry, as he does, at least in our quility. Whenever I see it, which is eloquently, and usually from memory, hearts, the Constitution, as he carries every day, I am reminded of my col- on the history and traditions of the the Constitution on his body.’’ league, of his extraordinary service, of Senate. Even then, it was clear to me I conclude with congratulations not his fierce dedication to liberty, and of there had been few combinations more just to Senator BYRD and not just on his humble respect for the Constitution fortuitous in the history of our Nation the longevity of his service, but on the of our great country. than that of ROBERT BYRD and the Sen- depth of its quality and the love he has Madam President, I thank the Sen- ate. for the Senate, his commitment to con- ator from West Virginia for his friend- We celebrate today as he becomes the stitutional government. We remember ship, for his wisdom, and for his great longest serving Member in the history this day also his love for his beloved service to our country. of the Congress. There have been many wife Erma who was a blessing to Rob- Mr. KOHL. Madam President, today beneficiaries of that long service: the ert, a blessing to their family, and a we honor Senator ROBERT C. BYRD for people of West Virginia, whom he has blessing to our Senate family. 20,744 days of service in the Congress of served so ably; the citizens of the I yield the floor. the United States. That feat of endur- United States, who have been fortunate Mr. CASEY. Madam President, I ance is laudable, but certainly not sur- to reap the rewards of his knowledge would like to commend and congratu- prising. This is the man who has memorized and commitment; and, more personally late my colleague Senator ROBERT volumes of poetry and analyzed librar- for us here, the Members of the Senate, BYRD on the momentous accomplish- ies of great books, histories, legisla- and most personally, me. ment of becoming the longest serving tion, and speeches. This is the man who His career is even more remarkable Member of Congress. attended law school at night while for its depth than for its length. In ad- Senator BYRD has spent 56 years and serving in the House of Representatives dition to more than half a century in 320 days serving the people of West Vir- and then the Senate. This is the man this body, ROBERT BYRD managed to ginia, in that time casting more than who remembers every important date— work as a butcher, a ship welder, and a 18,500 votes. Veterans Day, Mothers Day, the Member of the House of Representa- He is a fierce advocate for his home Fourth of July—with a carefully craft- tives. He learned to play the fiddle, be- State of West Virginia, a mentor and ed, masterfully delivered oration on came a recognized expert on Rome’s disciplinarian with new Senators. And the Senate floor. This is the man who senate, and wrote or edited nine books. he possesses an encyclopedic knowl- has held the most powerful positions in It says much about him as a person edge of Senate history, rules, and pro- the Senate and has faced the most pow- that he was never out of place in the cedure. The current President pro tem- erful adversaries on its floor and in coal country of West Virginia, even as pore of the Senate, he has held more Committee. he moved to the highest levels of our leadership positions than anyone in No one should be surprised, then, government. Senate history. that this is the man who has served There is seldom any doubt where I am honored to have worked along- longest in the United States Congress. Senator BYRD stands on an issue, be it side a man who will go down in history But we are not just here to com- the decision to go to war in Iraq or a as a great American public servant, memorate the days Senator BYRD has challenge to the prerogatives of the and I look forward to working with served. We are here to honor the serv- Senate. But in those instances where Senator BYRD for years to come. ice he has rendered. history or his own reflection have Ms. STABENOW. Madam President, Senator BYRD has served West Vir- shown him to be mistaken, he has how lucky we are to have the great ginia. In those 20,744 days representing shown the rare grace to accept respon- Senator from West Virginia—20,744 them, Senator BYRD has spent count- sibility for his own imperfections, and days spent in this ‘‘sanctuary,’’ this less hours—in the Appropriations Com- ask for forgiveness. In this, as in many Senate Chamber, which I have heard mittee, on the floor, in the offices of other things, he is truly an example to him call, on more than one occasion, his colleagues—fighting for his people. emulate. ‘‘the very temple of constitutional lib- Senator BYRD has served the Senate. He is rightfully honored not just for erty.’’ When I was first elected, Senator BYRD his knowledge of the Senate, but for a Within just a few days of my arriving schooled me, as he has almost everyone fierce determination to protect its tra- here in 2001, I was instructed in no unin this body, in the nuances of Senate ditions, procedures, and its role in our certain terms to go and see Senator rules and traditions. He sat on the system of government. I have seen this BYRD, to listen to him, and to learn floor when I gave my first speech and determination up close, perhaps never from him. And so I went and I listened made me understand the gravity and so clearly as in 1996, when he and I, and I learned. I learned about the his- privilege of being a U.S. Senator. He along with Senator Moynihan, filed an tory of this great body. I learned about has written the definitive, four-volume amicus brief with the U.S. Supreme the importance of the rules and deco- history of the Senate while earning Court on the subject of the line-item rum of the Senate. himself a place in those pages along- veto. Congress’s approval of the law es- It is such an honor to be a Member of side Senators Daniel Webster, Henry tablishing this veto occurred over Sen- this body but also an awesome respon- Clay, Robert Lafollette. ator BYRD’s powerful and learned oppo- sibility. For 20,744 days, Senator BYRD And Senator BYRD has served this sition, and after it became law, he con- has been fighting for the people who country. He carries our Constitution tinued to oppose what he saw, and I sent him here, for the great men and next to his heart and wields it like a saw, as a clear violation of the con- women of West Virginia, and for all the sword against those who put politics stitutionally mandated separation of people of this country. above principle. He has defended the powers. In this instance and many oth- He is an inspiration. Senate’s constitutional powers in front ers, the Senate and the Nation have I was proud to be 1 of the 22 Senators of the Supreme Court, arguing passion- benefitted from his immense knowl- who stood with him against the Iraq ately against the line item veto—and edge of the Constitution and his ability war. I was proud to stand with him on in front of the world, arguing for the to focus that knowledge on the issues so many occasions to fight for the Senate’s proper role in issues of war before us. Before party or personal working men and women of this coun- and peace.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11479 In years of working with Senator is also the author of a magisterial four- His adoptive parents early on in- BYRD, I have had the honor of getting volume set about this body entitled stilled in him a strong work ethic. He to know a true American patriot and ‘‘The Senate, 1789–1989’’, and other was a butcher, a gas station attendant, call him friend. Senator BYRD has works. a grocery store clerk, and a shipyard never let down the people of West Vir- He also had a unique talent outside welder before winning a seat to the ginia and steadfastly upheld our be- the halls of Congress. Senator BYRD West Virginia State Legislature and loved Constitution. He will forever be learned to play the fiddle at a young eventually being elected to Congress. known not just as Congress’s longest age and carried it with him everywhere Senator BYRD earned a law degree standing member but as its strongest he went. His skill with the instrument from American University in 1963—the standing member. I thank him—as he led to performances at the Kennedy only person to have ever begun and taught me, through you, Mr. Presi- Center and on a national television ap- completed law school while serving in dent—for his friendship and his service pearance on Hee Haw. He even recorded Congress. to the Senate, to the Constitution, and his own album, Mountain Fiddler. The ‘‘Almanac of American Politics’’ to the United States of America. No tribute to Senator BYRD would be has said that Senator BYRD ‘‘may come Mr. DORGAN. Madam President, I complete without mentioning his life’s closer to the kind of senator the would like to add my congratulations love, Erma Ora James. For nearly 69 Founding Fathers had in mind than to Senator ROBERT C. BYRD on his his- years, the Byrds were inseparable, any other.’’ toric achievement today. Not only is traveling throughout their native West I wholeheartedly agree. And so he he the longest serving senator in the Virginia and crossing the globe to- has set the standard for all of us to fol- history of this body, but today he is gether. Sadly, Mrs. Byrd passed away low. the longest serving Member of Con- on March 25, 2006, but Senator BYRD We, of course, all know him as a gress in the history of our Nation. speaks lovingly of her and their life to- great orator with a love of language. For more than 50 years, Senator gether each day. His speeches on this floor often quote BYRD has been a steadfast defender of The times have changed considerably poetry and the classics—Roman histo- the Constitution and the principles on since Senator BYRD first came to Wash- rian Titus Livius is a favorite. ington. We have seen a man walk on which it stands. Senator BYRD is truly Senator BYRD is a man of conviction. a statesman, a patriot, a proud son of the Moon. We have mapped the human He always speaks his mind. He never West Virginia, and an important voice genome, and we have seen unbelievable minces words. in the history of this country. technological advances that have He is our fiercest defender of the U.S. Senator BYRD has come a long way changed the way we live, work and Constitution—in fact, he carries a from the coal fields of West Virginia communicate. But through it all, the pocket version of this dynamic docu- where he grew up in poverty and one constant is Senator BYRD’s stead- ment wherever he goes. learned the value of hard work. He first fast championing of our Constitution There is no one who has loved this in- came to Washington in January 1953— and the people of West Virginia. stitution so dearly. He adores it so Senator BYRD is to many the voice of 20,774 days ago—when he was elected to much he has authored four volumes the Senate, and it has been my privi- the U.S. House of Representatives. He about the history of the U.S. Senate. lege to serve with him and learn from served in the House for three terms be- In a speech he gave earlier this year his stories and wisdom. The Senate is a fore being elected to the Senate, where when he marked 50 years in the U.S. stronger institution and a better place he has served the people of West Vir- Senate, Senator BYRD said: ‘‘The Sen- because of the many years of service of ginia faithfully for the last 50 years. ate has served our country so well be- Senator BYRD. I join my colleagues in Over the years, Senator BYRD has cause great and courageous Senators offering my congratulations to him on never forgotten his roots and the State have always been willing to stay the this important day and wish him well and the people that he loves. The peo- course and keep the faith. And the Sen- as he celebrates his 92nd birthday later ple of West Virginia have recognized ate will continue to do so as long as this week. his achievements and hard work on Mrs. FEINSTEIN. Madam President, there are members who understand the their behalf in the Senate and have I join my colleagues today in congratu- Senate’s constitutional role and who elected him for an unprecedented nine lating Senator Robert C. Byrd on zealously guard its powers.’’ He of course leads this list. terms in the United States Senate. He reaching yet another milestone in a Yet Senator BYRD’s highest priority has served with 11 Presidents. Can you long and very distinguished career. has always been serving the constitu- believe that? Today, Senator BYRD has served To add to his long list of achieve- ents of his beloved Mountain State. 20,774 days—that is 56 years and 101⁄2 As a longtime chairman and member ments, Senator BYRD has also held months in Congress—making him the of the Senate Appropriations Com- more leadership positions than any longest serving Member in U.S. his- mittee he has sent home millions of other Senator in history. This includes tory. Senate majority whip, chairman of the Senator BYRD has attended 18,582 dollars in needed Federal funds for eco- Democratic Conference, Senate minor- Senate rollcall votes. nomic renewal and infrastructure ity leader, and Senate majority leader. He cast his first votes in the Senate, projects. These monies have gone to Currently, Senator BYRD is the presi- in January 1959, when Dwight Eisen- build highways, dams, educational and dent pro tempore. Throughout his ca- hower was President. John F. Kennedy health institutions, and Federal agency reer, Senator BYRD has cast nearly and Lyndon B. Johnson were among his offices throughout West Virginia. 18,600 roll call votes in five decades of Senate colleagues. And Hawaii was not He has long been a strong proponent service in the Senate. I’d say that’s an yet a State. of education. The valedictorian of his unprecedented record. He has served in the Senate longer high school class, Senator BYRD has Senator BYRD is also the longest than 10 of his current colleagues and fought for teaching of ‘‘traditional serving member of the esteemed Appro- President Obama have been alive—BOB American history’’ in the Nation’s pub- priations Committee. He has served as CASEY, Jr., AMY KLOBUCHAR, BLANCHE lic school system. It is an issue true its chairman or ranking member since LINCOLN, JOHN THUNE, DAVID VITTER, and dear to my heart as well. 1989 until stepping down earlier this MARK PRYOR, MARK BEGICH, MICHAEL Today, thanks to Senator BYRD, the year. It has been my honor to serve BENNET, KIRSTEN GILLIBRAND and Department of Education awards mil- with him on the Appropriations Com- GEORGE LEMIEUX. lions of dollars each year in grants to mittee and I have learned a tremen- He has been elected to the Senate an fund training programs to improve the dous amount under his leadership. unprecedented nine times, and has skills of history teachers. Many of us know Senator BYRD as served alongside 11 U.S. Presidents. Senator BYRD’s love of the Senate our resident historian. He has a wealth Senator BYRD has seen great changes and of his fellow West Virginians of knowledge about the procedures of in these past 56 years. Yet he has never knows no bounds. It is exceeded only the Senate and shares enthusiastic sto- lost sight of where he came from. by the love of his beloved wife Erma ries of the many interesting events He grew up in poverty among the who passed away 3 years ago. In a that have occurred in this Chamber. He coalfields of Southern West Virginia. statement this week marking his own

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11480 CONGRESSIONAL RECORD — SENATE November 18, 2009 milestone, Senator BYRD said ‘‘I know quote poetry at length without a single Member of the U.S. Senate, the longest that she is looking down from the note, or quote the Scripture without serving Member of the U.S. Congress, heavens, smiling at me and saying con- notes. I still can remember some of his and the longest serving Member in gratulations my dear Robert but don’t speeches. One of my favorites was his Congressional history. Today, Senator let it go to your head.’’ discussion of the failure of modern BYRD marks his 20,744th day in the I have had the privilege of working textbooks. Congress. This is an extraordinary on the Appropriations Committee One of the things that irked him— milestone for a man who has played while Senator BYRD was chairman. and he quoted from them—is that they such an important role in the Senate. There has been no one who has been didn’t recognize the difference between Senator BYRD has a compelling per- more faithful to the Constitution, to a democracy and a republic, and there sonal story. He lost his parents as a the goals and rules of the Senate, or is a difference. He delineated that with young child and was raised by his aunt has served this body more honorably. great clarity. Finally, at the conclu- and uncle in a coal mining community. I consider myself lucky to have sion, he referred to those books as He became the first in his family to at- served alongside this great statesman touchy feely twaddle, and I thought tend college and law school, working a for 17 years. that was a phrase I liked. I have re- series of jobs to support himself and his Again, congratulations Senator membered it ever since. family. He was blessed with a wonder- BYRD. You are a true American Pa- He also discussed the little school he ful wife, Erma Ora Byrd, who was be- triot. attended. My father attended one like loved in the Senate family. Mr. SESSIONS. Madam President, I that and my grandmother taught in Senator BYRD never forgot where he came from. His work on behalf of the wish to make a few remarks about one one like that. But the highlight of people of West Virginia is legendary. of the most remarkable men ever to their day was to be selected to be the He never forgot the coal mining com- serve in the Senate, ROBERT C. BYRD on one to take the bucket and go down to munity he came from. He always this milestone of service. When I came the spring and get a bucket of water to to the Senate, he was my teacher. We worked to strengthen the opportunity put in the barrel so the kids would ladder that he used to put himself went to school to him. He told all of have something to drink. They were through college and law school. He the new Members about the rules of the taught well. He made clear that they never forgot the people and commu- Senate and we all got copies of his were well taught. This was not poor nities that too often are left out and book on the history of the Senate. We education; it was a good education. left behind. were all mightily impressed, because But, that is the way the school was When I first came to the U.S. Senate he had an encyclopedic understanding conducted. He noted they had a single in 1987, Senator BYRD was the majority of this Senate. dipper for the class and all the students leader. He helped me get on some of the I have heard him over the years refer used it to dip in the barrel to get the best committees, including the Appro- to the Senate as the great Senate or water whenever they needed it. I guess priations Committee. Senator BYRD the second great Senate, the Roman the EPA would have them in jail today helped me learn the arcane Senate pro- Senate being the first great Senate and if they were to try such a thing as that. cedure. He helped me learn the ropes the U.S. Senate being the next great He has been and still remains a fierce on the Appropriations Committee and Senate. The pride he has in this insti- advocate of issues he considers impor- how the appropriations process could tution, the way he respects it and re- tant. We did not agree on the Iraq war, be used to help communities and peo- veres it, I think is second to none who and Senator BYRD was fierce in his op- ple in Maryland—and to create jobs. has ever served here. I believe that. position. He articulated it aggressively As majority leader and as chairman, I remember one night—I don’t know and fairly and in a tough, effective Senator BYRD set a tone of bipartisan- why it was so late, but it was sometime manner. He was one of the most effec- ship. He worked across the aisle to during the debate over Afghanistan or tive Senators on that matter. meet the day-to-day needs of his con- Iraq, and I was here speaking. It was 8 We agree on a number of issues in- stituents and the long-range needs of or 9 o’clock at night, later than this— volving immigration. I strongly believe our Nation. and Senator BYRD was the Presiding that the immigration system in this I join my colleagues in celebrating Officer. I told this fabulous story some- country is broken and we need to cre- Senator BYRD’s many accomplish- body had shared with me. It was a his- ate a lawful system and that we cannot ments—and in thanking him for his tory of Rome, and it was about what tolerate the continued lawlessness, and friendship. the Romans did when they had terror- he agreed. He doesn’t believe people Mr. ROCKEFELLER. Madam Presi- ists and pirates. When they could stand have a right to just walk into the coun- dent, I ask unanimous consent that the the disgrace no longer, the Romans all try illegally and claim they are a cit- resolution and preamble be agreed to got together and said we have to take izen, then just wait a little bit and get en bloc, and the motions to reconsider action, and they selected the leading amnesty. be laid upon the table en bloc; further, man of the country and gave him a What kind of law is that? On many of that any statements with respect to whole fleet of ships and I think 100,000 those votes, we shared a common view. Senator BYRD be printed in the or more soldiers. They issued a direc- I guess I will say he is a person who an- RECORD. tive to every city on the Mediterranean swers to his own sense of right and The PRESIDING OFFICER. Without that they would cooperate with Rome, wrong. It is a deep sense of right and objection, it is so ordered. The resolution (S. Res. 354) was and they set about to destroy the pi- wrong. He is a man who understands agreed to. rates. The pirates had captured a the Scriptures, a man of deep personal The preamble was agreed to. Roman leader or two. They raided the faith and there are things he believes (Applause, Senators rising.) coast of Rome, and the disgrace was in- that are right and there are things he The PRESIDING OFFICER. The Sen- tolerable and they finally got together believes are wrong and he doesn’t do ator from Vermont. and crushed them in short order. what he thinks is wrong. It is the kind Mr. LEAHY. Madam President, I I was the last one to speak, as I am of model that I think is a good one for know Senator BYRD is about to speak, tonight, and he asked me to come up to all of us in the Senate. but I sat here in this row for years with the Chair. He said, that was Marc I find Senator BYRD to be one of the my dear friend from West Virginia. We Antony; ‘‘I think that was 6 AD.’’ So he most refreshing and brilliant men I have been friends for the 35 years I is a real student of history and the know in the Senate. I say this with have served here. In his mind I am but Roman Empire and the Roman Senate. some real confidence: Nobody loves the a junior Member of the Senate, having I also would normally preside over Senate more than ROBERT C. BYRD. been here only 35 years, but they have the Senate on Fridays, and Senator I thank the Chair and yield the floor. been especially good ones because he is BYRD at 11 o’clock would appear Ms. MIKULSKI. Madam President, I here. I will save something for later on. through the door almost every Friday rise today to pay tribute to my friend I yield the floor. and he would make a speech. They and colleague, Senator ROBERT C. BYRD The PRESIDING OFFICER. The very were remarkable speeches. He had a re- from West Virginia. Today, Senator distinguished Senator from West Vir- markable talent for speaking. He would BYRD becomes the longest serving ginia.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11481 Mr. BYRD. I thank the Chair. Thank Mr. AKAKA. Mr. President, I ask It is a pleasure to serve with him. you, PAT. I thank Senator REID, my unanimous consent that the order for I again want to extend my aloha and leader. I thank Senator MCCONNELL, the quorum call be rescinded. my congratulations to Senator ROBERT and I thank my colleague and dear The PRESIDING OFFICER. Without C. BYRD for this amazing milestone. friend, Senator JAY ROCKEFELLER, and objection, it is so ordered. Thank you for what you do for this in- all Senators, everyone, for their good Mr. AKAKA. Mr. President, I rise to stitution Senator BYRD. I look forward words and for this outstanding resolu- honor and extend my warmest aloha to to the future together with you. God tion. my colleague, mentor and good friend— bless you, ROBERT BYRD. Today, Madam President, is much Senator ROBERT C. BYRD—for reaching The PRESIDING OFFICER. The Sen- more than a commemoration of the this unprecedented milestone. ator from Utah is recognized. length of service of one Senator. Today My colleague from West Virginia has Mr. HATCH. Mr. President, I am also celebrates the great people of the held the most prestigious and influen- privileged to stand here to say a few great and mighty State of West Vir- tial positions in this legislative body. words about my friend, ROBERT C. ginia who have honored me by repeat- Today he is the Senate President Pro BYRD. edly placing their faith in me. Because Tempore, but we know him as the When I got here in 1976—I almost said of those wonderful people in West Vir- ‘‘Dean of the Senate.’’ 1776. But when I got here in 1976—some We are so lucky to have him—as he ginia, this foster son of an impover- people think I have been here since continues to maintain the highest ished coal miner from the great hills of 1776—ROBERT C. BYRD was the majority standards in Senate decorum and con- southern West Virginia has had the op- leader in the Senate. Actually, it was stitutional procedure. portunity to walk with Kings, to meet 1977 when I actually took my seat here. Senator BYRD has served this country I have to say, he was one of the finest with Prime Ministers, and to debate for nearly a quarter of its existence—56 with Presidents. majority leaders I have seen in all of years, 10 months, 16 days. my 33 years in the Senate. There was I have had the privilege not only to His dedicated service to his State and witness, but also to participate in, the literally nobody who knew the rules as this country—and his unrivaled knowl- well as ROBERT C. BYRD. Senator BYRD great panorama of history. From the edge of parliamentary procedure—con- apex of the Cold War to the collapse— was an expert on the rules, and he tinues to be an inspiration to me, and taught me a great deal. In my first the collapse—of the Soviet Union, from many others in Congress and to people my opposition to the 1964 Civil Rights years in the Senate, we were on oppo- around the country. site sides in the labor and law reform Act to my part in securing the funds YRD’s inspiring story is Senator B debate, but it was a time of great for the building of the memorial to rooted in his modest upbringing and learning for me as a young Senator, Martin Luther King, from my support steadfast determination to serve his and he was very patient. He was very for the war in Vietnam to my opposi- country. kind, very decent to two young Sen- tion to President George W. Bush’s war Growing up, his parents’ taught him ators, Senator LUGAR and myself, who with Iraq, I have served with so many the value of hard work. He worked as a both came at exactly the same time. I fine Senators in the Congress, and I butcher and grocer, won election to the will never forget that. have loved every precious minute of it. West Virginia Legislature, then to Con- In the intervening years, I have seen I recall those days a long time ago gress. when I walked 3 miles down a hollow in His work ethic allowed him to earn a this man play his fiddle and do it with the snow in order to catch a bus to at- law degree from American University— such joy. I have seen him love his wife tend a two-room school in Mercer while serving in the House. the way a man ought to love his wife. I have seen him be kind to his dog. I County in southern West Virginia. In But he is not all work. Senator BYRD Stotesbury, WV, after school, I went and I share a love for music and the have seen him be kind to numerous from house to house collecting scraps arts. He is an accomplished musician. people. I have seen him go out of his of food. I was the scrap boy, collecting His amazing fiddle playing was even way for all of us, from time to time. scraps of food to feed the hogs of my showcased at the Grand Ole Opry. Yet there was no more formidable Sen- coal miner dad, raised in a pen beside a He is a man of great faith. We have ator on the floor of this Senate than railroad track to support the family attended Senate Prayer Breakfast to- Senator BYRD. As he has continuously, through the budget. gether for many years. His favorite years, educated us on ancient history, Little could I have ever imagined or hymn is ‘‘Old Rugged Cross.’’ I have en- modern history, the Constitution, any- dreamed while I was feeding those hogs joyed singing it with him a number of body who has listened to those discus- or walking in the snow to catch a bus times. sions and remarks on the floor has to to school that one day under God’s He is a scholar in the history of de- acknowledge this is one very bright great mercy I would become the long- mocracy and our country. Senator and intelligent man. est serving Member in the history—the BYRD often cites our founding fathers and Greek philosophers to remind us of To think he got his law degree, if I great history—of the U.S. Congress. I am not mistaken, while he was serving am grateful, simply grateful to an Al- where we have come from. He always carries a copy of the Constitution in as a U.S. Senator—and I know he hard- mighty God for having had an oppor- ly ever missed a vote. That he went on tunity to serve my State of West Vir- his pocket. When I was a freshman Senator in to law school and got a law degree ginia and to serve our great Nation. My while he was, at the same time, a sit- only regret is that my dear wife Erma 1990, he generously helped me learn the ways of this great institution. ting U.S. Senator is pretty remarkable is not here to enjoy this moment with to me. I don’t know anybody else in me. But I know—yes, I do—that she is I still have the notes he gave me on how to preside—always insisting that this body who could have done that. It smiling down from heaven and remind- is an amazing thing. ing me not to get a big head. we follow the proper, time-tested procedures—and that we give our full at- He has gone out of his way in those Again, I thank all Senators. I thank tention to the Senate floor. years for those of us who were younger all West Virginians. May the great God His years of masterful legislation and didn’t know an awful lot about the Almighty continue to bless these have become such a consistent force in procedural rules, who didn’t know a lot United States of America, and may he this lawmaking body that he has his about the Senate. He has been a stick- keep her forever free. own procedural budget rule named ler for the rules and made sure the Sen- Madam President, I yield the floor. after him: The Byrd Rule. ate has always respected them as now (Applause, Senators rising.) Senator BYRD is an embodiment of we, the Senators, respect him—not Mr. REID. Mr. President, I suggest the democratic spirit. only for his knowledge of the rules but the absence of a quorum. We have looked to him for his steady for the way he has conducted himself The PRESIDING OFFICER (Mr. leadership for so many years, and as all these years. BURRIS). The clerk will call the roll. our country faces new 21st century I don’t know of any other Senator The legislative clerk proceeded to challenges, we are fortunate that we who has done as much for his State as call the roll. still have his wisdom today. Senator BYRD—unless it was Senator

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11482 CONGRESSIONAL RECORD — SENATE November 18, 2009 Stevens from Alaska. In the many be recognized for approximately 15 This will require employers to provide years they were both on the Senate Ap- minutes, and I seek unanimous consent additional information about their em- propriations Committee, they were that Senator GRASSLEY follow me for ployees to the IRS—information I am towers of strength. I have been amazed 15 minutes, so we would take approxi- sure that an employer would just as at the strength, the endurance, the in- mately 30 minutes of the Senate’s time soon not ask about. We don’t know how telligence, and the absolute kindness at this point. I think I should probably an employer would use this informa- and decency Senator BYRD has shown ask unanimous consent to proceed as tion or how it would be protected. as he has evolved as a Senator from in morning business. In addition, the IRS will have to those early days when not many people The PRESIDING OFFICER. Without work with the new health care ex- knew him, to today when all of us are objection, it is so ordered. changes to verify whether an indi- honoring him. HEALTH CARE REFORM vidual is eligible for a subsidy and will What an achievement, to be the long- Mr. ROBERTS. Madam President, I have to share information about tax- est-serving Member in the history of come to the floor today to join my payers with those exchanges. However, the Congress. This is a very important good friend from Iowa, Senator GRASS- we still don’t know if the exchange will day to Senator BYRD and to all of us. I LEY, who is our ranking member on the be a State agency or a private entity, can truthfully say that I love and re- Senate Finance Committee, to raise so we don’t know how the IRS will col- spect him. We have had our share of concerns about a too-little-discussed lect and safeguard taxpayer informa- differences over the years, but they aspect of the health care bill the Sen- tion. have always been cordial. I look for- ate will soon debate. While much of the Yet even as the health care bill cre- ward to serving here in the Senate with health reform debate to date has fo- ates new responsibilities for the IRS, Senator BYRD for many more years. cused on the health care side of the bill consider that the IRS is having a lot of I yield the floor. trouble doing its No. 1 job—tax admin- The PRESIDING OFFICER. The Re- and the $500 billion in higher taxes, istration—efficiently and effectively. publican leader. fees, and fines that will be required to Two reports were issued recently that I Mr. MCCONNELL. Mr. President, I pay for it, very little attention has say to my good friend from West Vir- been paid to how these taxes and fines think raise questions about the IRS’s ginia, I spoke this morning on his re- will be implemented and administered ability to carry out its new responsibil- markable record of achievement. and, most importantly, enforced. I ities in this bill, let alone its original We are all proud of your service to think that is a very critical discussion. responsibilities. your State and to our country. I sent We need to have that discussion, and it Last week, the Government Account- you a note including my remarks from is one the American people fully need ability Office, or GAO, released its an- this morning about this remarkable to understand as this debate gets un- nual audit of the IRS’s financial state- record you have now achieved. Of derway. This is important stuff. ments for 2008 and 2009. course, you broke the record of a Sen- Senator GRASSLEY has already sound- In the report, the GAO found that ator from Arizona. One of his succes- ed the alarm about how the Senate Fi- while the IRS has made progress in ad- sors is here on the floor and would like nance Committee bill expands the size dressing internal control deficiencies, to address that matter as well. and reach of the Internal Revenue the report also states that deficiencies The PRESIDING OFFICER. The Sen- Service, the IRS, further into the lives remain with regard to the IRS’s inter- ator from Arizona. of every American. But listen up: All nal control over unpaid tax assess- Mr. KYL. Mr. President, I pre- the health care bills we have seen so ments and over information security. maturely congratulated Senator BYRD far call for reforms to be carried out to The report states that ‘‘the serious yesterday for breaking the record of a great extent by the Internal Revenue challenges IRS faces as a result of Carl Hayden, who has up to now held Service—that is right, the IRS, the Na- these remaining deficiencies adversely the record and was in the House of Rep- tion’s tax collector. affect the IRS’s ability to . . . obtain resentatives the day Arizona became a This isn’t CMS, the Department of current, complete, and accurate infor- State. He served all the way up until I Health and Human Services; this is the mation it needs to make well-informed believe 1968. IRS. So the Nation’s tax collector will decisions.’’ Senator BYRD reminded me: No, it is be in charge of implementing, admin- Then, on Monday, the Treasury In- not until tomorrow, at whatever hour istering, and enforcing a significant spector General for Tax Administra- it was. portion of this bill. tion found that because of the way the I said: Well, I think you will probably Under the various bills, the IRS is Making Work Pay credit—the credit make it. given unprecedented authority to ob- created in this year’s stimulus bill to Of course, his response was: The Lord tain information about your family’s provide workers with a one-time tax willing. health care decisions. The IRS is au- credit of up to $400—has been imple- That has been a motto of Senator thorized to collect new information— mented and administered by the IRS, BYRD throughout his career: The Lord information that is unrelated to an in- more than 15 million taxpayers may willing. We hope the Lord is willing for dividual or a family’s tax liability—in actually end up having to pay back many more days so the record will be order to carry out health care reform. some of their credit to the IRS. even harder to break. This information will be used to im- Similar administrative problems We congratulate you. plement, administer, and enforce sev- with the home buyer tax credit have f eral controversial provisions. For ex- led to waste and abuse of taxpayer dol- RECESS SUBJECT TO THE CALL OF ample, the IRS—again, not the Depart- lars. THE CHAIR ment of Health and Human Services—is The IG’s audit of the IRS’s adminis- Mr. DORGAN. Mr. President, at the the government agency that will deter- tration of the credit found that the IRS request of the majority leader, I ask mine whether everyone has insurance may have allowed thousands of tax- unanimous consent that the Senate re- and will assess a tax penalty on anyone payers to claim millions of dollars in cess subject to the call of the Chair. without insurance. The IRS will have credits to which they were not entitled There being no objection, the Senate, to collect additional information from to despite recommendations made a at 5:18 p.m., recessed subject to the call individuals and families in order to year ago by the IG that the IRS take of the Chair and reassembled at 6:28 make this determination. We don’t steps to verify eligibility for the credit. p.m. when called to order by the Pre- know how this information will be col- In its audit, the inspector general siding Officer (Ms. CANTWELL). lected or how it may be used. found that more than 19,000 taxpayers The PRESIDING OFFICER. The Sen- The IRS would assess taxes on em- claimed $139.4 million in credits for ator from Kansas is recognized. ployers who do not provide affordable homes they had not yet purchased but coverage for their employees. Since af- would allegedly purchase. In addition, f fordability would be determined on an over 70,000 taxpayers claimed more ORDER OF PROCEDURE individual’s total income, an employer than $479 million in credits despite in- Mr. ROBERTS. Madam President, it would have to collect income informa- dications that they were not first-time is my understanding that I am going to tion from all of his or her employees. home buyers. The IG also identified 582

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11483 taxpayers under 18 years of age who wide-reaching provisions in the health The IRS is just now starting to in- claimed almost $4 million worth of care bill. crease its enforcement efforts, which credits. By the way, the youngest tax- Americans should be very concerned had declined significantly after the re- payers receiving the credit were 4 years about putting the IRS in charge of ad- structuring of that agency a decade old. ministering more than $500 billion in ago. But just like many other Federal Mr. President, the problems the IRS new taxes, fees, and fines in this bill agencies, it is facing a human resource has encountered in administering these and expanding its reach further into crisis because more than 50 percent of credits and the issues raised by the Americans’ lives. its workforce is expected to retire in GAO about the security of taxpayer in- Americans should be concerned about the near future. So it doesn’t have the formation—I will repeat that: the secu- this path that the Senate leadership resources it needs to do its presently rity of taxpayer information, your and the White House is taking us down, described job, never mind a whole new taxes—raise serious questions about placing this very complex health care one, such as administering health care whether the IRS is up to the task of bill in the hands of the IRS, especially reform—or at least helping administer implementing and enforcing the far- when they have not provided the re- health care reform. reaching tax proposals that are called sources the IRS will need to get the job One independent report after another for in the health care bill. done—not to the funding. highlights IRS’s enforcement problems. Wait, there is more. We know the Madam President, the bottom line is Senator ROBERTS mentioned the recent IRS will need additional funding and that Americans need to know, need to reports on the Making Work Pay cred- employees—employees with expertise understand, and need to question it, home buyer tax credit, and the and training—if they are to implement, whether they want the Internal Rev- IRS’s financial statements. In addition administer, and enforce the dozen or so enue Service more involved in their to those, we have problems with the new tax provisions called for in the daily lives and their health care deci- earned-income tax credit and the health care bill. sions. Under the proposals we have health coverage tax credit. How much will that cost? That is a seen, that is the case. In February, the Treasury Inspector good question. Nobody knows. These Sit up, America, and take notice. I General for Tax Administration issued costs are not included in estimates pro- think if we took a poll or had yet an- a report on fraud in the earned-income vided by either the Congressional other townhall meeting, most Ameri- tax credit. Then today, the administra- Budget Office or the Joint Committee cans would say no to any further IRS tion reports that waste of taxpayer dol- on Taxation. involvement in their lives and no to lars from improper payments has in- The bill as passed by the Senate Fi- IRS intrusion into their health care. creased from $72 billion in 2008 to $98 nance Committee—I don’t know what I yield the floor. I see the distin- billion in 2009. Over $12 billion—almost is in the bill that will be considered, guished ranking member of the com- 12 percent—of the $98 billion in im- just announced by my friends across mittee, a distinguished Senator who proper payments was because of the the aisle. They are doing that behind has been an expert on the IRS and basi- earned-income tax credit. closed doors. But the bill as passed by cally bringing reform almost on an in- In another tax inspector general re- the Finance Committee doesn’t include dividual basis to that agency. port from earlier this month on the any funding for the IRS for any admin- I yield to Senator GRASSLEY. health coverage tax credit, that inspec- istrative or personnel costs associated The PRESIDING OFFICER. The Sen- tor general reviewed a valid sample of with this bill. We will see if the lead- ator from Iowa is recognized. individuals who claimed this credit on er’s bill that will be announced some- Mr. GRASSLEY. I thank my friend, their 2006 Federal tax return. The tax time tomorrow, which is being talked the Senator from Kansas, for his kind inspector general found that 72 percent about in the hallways, contains such remarks. I am very happy to join him did not have the required documenta- estimates. in sounding an alarm about the role of tion to get that credit. In addition, the Estimates of a more narrow bill by the Internal Revenue Service in Amer- inspector general states that the IRS an independent group found that the ica’s health care choices. does not effectively identify or prevent IRS administration alone would cost The various health care bills being individuals from erroneously claiming several billion dollars—never mind the considered before Congress would task the health credit on their Federal tax costs for the Department of Health and the IRS with administering several return. Human Services or CMS or other new new and very controversial provisions. The inspector general identified over Federal offices that will be created. We This would include things such as the 1,200 individuals who appeared to have can only assume the cost to administer individual mandate—or another way to wrongly claimed $1.8 million of these and enforce the taxes, fees, and fines in say that is a government-run insurance credits on their Federal tax returns. this bill will be significantly higher. mandate, a government-required insur- This report is particularly relative Americans need to understand what ance mandate. It would also affect the since the premium subsidy in the Fi- health care reform means for their employer free rider penalty. The IRS nance Committee health reform bill is health care, but they also need to know would be involved with the premium modeled after this credit. what the IRS’s significant and intru- subsidy for low-income individuals. It The earned-income tax credit, the sive new role would be in implementing would be involved with the small busi- health coverage tax credit, and the and enforcing such health care reform. ness tax credit. The IRS would be in- making work pay tax credit are all ex- All the proposals we have seen so far volved in working with exchanges to amples of social welfare programs that expand the reach of the IRS even fur- verify income information, and it presently are being administered by ther into the lives of ordinary Ameri- would be involved in figuring out how the Internal Revenue Service, and this cans, allowing them to collect more in- to calculate and collect several new despite the fact that we have a whole formation than ever before about you fees, which are in fact excise taxes. separate agency—the Department of Senator ROBERTS has just explained and your health care choices in order Health and Human Services—that is some of this. Also, during debate in the to tax you based on those choices. supposed to be concerned with social Finance Committee—when the Senate Do Americans want the IRS to col- welfare. Finance Committee bill was up in that lect even more information about them In a recent interview with tax ana- committee, some people joked that and their families than it already does? lysts about current health reform pro- CMS stands for ‘‘it’s a mess.’’ The same I don’t think so. Do they want the IRS posals, a former IRS Assistant Com- could be said of the IRS. As many of us having access to information about missioner had this to say about IRS’ know all too well, the tax gap is a very their health care decisions? Again, I role in the health reform issue: doubt it. serious problem. The hundreds of bil- Furthermore, would the IRS be able lions of dollars owed that the IRS isn’t These kinds of programs require social welfare expertise. IRS agents are not recruited to do the job? Will they get it right? collecting suggests that the IRS isn’t or trained to do that. . . . The IRS record is Recent reports by the IRS’s own IG and effective at executing its primary mis- mixed and sometimes abysmal with regard the GAO cast doubt on the agency’s sion: the enforcement of our revenue to effectively administering these kinds of ability to effectively administer the laws. programs.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11484 CONGRESSIONAL RECORD — SENATE November 18, 2009 I couldn’t have said it better myself. administering new social programs cre- meet Dr. Michael Smith, president of Aside from the costs and the prob- ated because of health reform. the American University of Afghani- lems with enforcing these types of I ask my colleagues on the other side stan. I was embarrassed to admit that credits, there are opportunity costs as- of the aisle to consider these questions until meeting Dr. Smith, I had never sociated with requiring the IRS to ad- as we debate the health care reform heard of the university. Upon learning minister programs outside its exper- bill over the next several weeks. more about the university, I am en- tise. The Government Accountability I yield the floor, and I suggest the ab- couraged to know that while bombs are Office and the tax inspector general sence of a quorum. bursting and bullets are flying, there is issued reports discussing the IRS’ poor The PRESIDING OFFICER. The an ongoing and successful American performance in providing telephone clerk will call the roll. mission to provide educational oppor- customer service during the 2009 filing The legislative clerk proceeded to tunities to the men and women of Af- season because of stimulus legislation. call the roll. ghanistan. That was passed in February of this Ms. CANTWELL. Mr. President, I ask Today, the American University of year. The reports state that customer unanimous consent that the order for Afghanistan has 450 students and will service declined significantly, despite the quorum call be rescinded. graduate their first undergraduate the fact that collection employees were The PRESIDING OFFICER (Mr. class next spring. The student body assigned to staff the phones. BEGICH). Without objection, it is so or- draws from every province and ethnic So honest and diligent taxpayers do dered. group in Afghanistan and is nineteen not get the help they need when they Ms. CANTWELL. Mr. President, as in percent female and growing. While the need it, and tax cheats and tax evaders executive session, I ask unanimous majority of faculty members are Amer- increasingly get away with not paying consent that on Thursday, November ican, 15 other countries are rep- their fair share, and the tax gap wid- 19, at 2 p.m., all postcloture time be resented, including Afghanistan. ens. yielded back, except for 30 minutes, The university models itself after From a tax administration perspec- and that the time be equally divided other strong international American tive, the provisions in the various and controlled by Senators LEAHY and universities like the American Univer- health reform bills will create infinite SESSIONS or their designees; that at sity of Cairo and the American Univer- new problems for the Internal Revenue 2:30 p.m., the Senate proceed to vote on sity of Beirut. Its programs focus on Service. The Internal Revenue Service confirmation of the nomination of business and entrepreneurship, infor- is likely to be tasked with imple- Judge Hamilton; that upon confirma- mation technology, and many other menting provisions for which it actu- tion, the motion to reconsider be laid professional areas. ally must go out and collect new data— upon the table, no further motions be Since over 85 percent of the student data that is unrelated to the taxpayer’s in order, the President be immediately body have been immigrants at some tax liability. notified of the Senate’s action, and the point in their lives and 29 percent of In addition to the provisions Senator Senate then resume legislative session. the students graduated high school in ROBERTS highlighted, the Internal Rev- The PRESIDING OFFICER. Without Pakistan, one goal of creating this uni- enue Service would have to develop objection, it is so ordered. versity is to enable Afghanis the edu- new processes and procedures for insur- Ms. CANTWELL. Mr. President, I ask cational opportunity to earn a degree ance companies and employers to chal- unanimous consent that on Thursday, that can be utilized for the betterment lenge and appeal the calculations of November 19, following the period of of Afghanistan. the high-cost premiums tax and the morning business, the Senate proceed I know many of my colleagues have employer free rider excise tax, both to the consideration of Calendar No. plans to travel to Afghanistan to visit new provisions in the Senate Finance 190, S. 1963, and that the bill be consid- with our troops. I would encourage all Committee bill. Both these taxes are ered under the provisions of the order of you to take some time to learn calculated by a third party, other than of November 17; further, that upon dis- about this university which is one of the IRS or the individual taxpayer. The position of the Hamilton nomination the unsung efforts we have undertaken IRS would have to develop a method and the Senate resuming legislative in Afghanistan. for calculating the new excise taxes on session, there be 2 minutes of debate I urge my colleagues to support this medical devices and pharmaceuticals, prior to a vote in relation to the mission so when the military departs also a new provision in that bill, the Coburn amendment, No. 2785; that upon Afghanistan we can leave with a smile basis for which is unprecedented. the use of that time, the Senate pro- and our heads held high knowing that In light of these issues, I think it is ceed to vote in relation to the amend- we have not only supported the secu- fair to consider a couple questions. ment; that upon disposition of the rity and stabilization of Afghanistan Assuming that an individual man- amendment, the Senate then proceed but have provided a sustained edu- date is constitutional, do we want the to passage as provided under the order cational mission as well. IRS checking up on whether everyone of November 17. f has health insurance? The PRESIDING OFFICER. Without FINANCIAL REGULATORY REFORM Another question: Do we want to fa- objection, it is so ordered. AND DERIVATIVES cilitate the dissemination of tax infor- f mation to third parties, such as em- Mr. GREGG. Mr. President, the jour- ployers or an insurance exchange? We MORNING BUSINESS nalist H.L. Mencken once observed have always been very cautious about Ms. CANTWELL. Mr. President, I ask that, ‘‘complex problems have simple, maintaining the privacy of individual unanimous consent that the Senate easy to understand, wrong answers.’’ tax returns. proceed to a period of morning busi- And, though modern history has amply Another question: Shouldn’t we be ness, with Senators permitted to speak demonstrated the resistance of com- providing more resources to the De- for up to 10 minutes each. plex political and economic systems to partment of Health and Human Serv- The PRESIDING OFFICER. Without the easy answer of centralized control, ices to ensure that it can receive and objection, it is so ordered. we try time and again to apply top- process the necessary data if this bill is f down solutions to our multifaceted going to be implemented instead of problems. This conflict is brought into having the IRS do it? AMERICAN UNIVERSITY OF no sharper light than by Congress’ cur- My Democratic colleagues in the AFGHANISTAN rent efforts at financial services re- Congress and the administration have Mr. INOUYE. Mr. President, I rise form; particularly those directed at the many ideas for new and complex ways today to apprise my colleagues of an labyrinthine world of the multi-trillion to tax individuals and, of course, tax impressive effort in Afghanistan. I re- dollar derivatives trade. small businesses as well, to fund all cently had the opportunity to visit Derivatives are a vital and complex sorts of new spending. It would seem with our military troops and civilian component of modern financial mar- wise to make sure the IRS can enforce personnel serving in Afghanistan. kets, making it imperative that reform the tax laws before being charged with While I was there, I had the pleasure to be done right—without damage to the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11485 twin pillars of innovation and capital minimize regulatory arbitrage and sys- HONORING OUR ARMED FORCES formation. temic risk. STAFF SERGEANT JUSTIN M. DECROW The question as to how derivatives Under current proposals, capital re- Mr. BAYH. Mr. President, I rise should be regulated is not easy to an- quirements that will be imposed on today with a heavy heart to honor the swer, but Congress should start with OTC dealers will pass on additional life of SSG Justin M. Decrow. He was a some guiding principles. First, deriva- cost to end-users. Coupling these cap- member of the 16th Signal Company, tives regulation should seek to foster a ital costs with a decreasing ability to 62nd Expeditionary Signal Battalion. robust, competitive, and liquid mar- customize transactions could result in Justin was only 32 years old when he ketplace. Second, systemic counter- sharply lower usage by end-users. was killed in the tragic November 5 party risk exposure must be reduced by Given that 94 percent of Fortune 500 shooting spree at Fort Hood, TX, that incentivizing central clearing and in- companies utilize customized OTC de- took the lives of 13 Americans and left creasing reporting requirements to pro- rivatives to manage macro-economic 31 others wounded. mote transparency. Third, regulation risk, providing less certainty to cor- Those who enlist in our Armed must preserve the ability to engage in porate balance sheets will severely un- Forces make an extraordinary sac- bilateral customized transactions for dermine confidence in the American rifice, agreeing to routinely face life- risk management. Finally, we must co- marketplace. threatening dangers abroad as they ordinate our efforts with the inter- Further, the proposal to mandate ex- carry out missions on our behalf. The national community to prevent global change trading makes little sense in risks they endure to protect our free- regulatory arbitrage and the flight of the bespoke OTC derivatives market. dom are never expected to follow them capital to less regulated jurisdictions. The basic assumption of exchange trad- from the theater of war to the safety of Unfortunately, the regulatory reform ing reflects the use of standard prod- proposals making their way through American soil, making Justin’s death ucts. OTC derivates by their very na- all the more painful and troubling. both chambers of Congress fail to take ture are not always standard. In the into account the intricacies of this dy- Today, I join Justin’s family and real world, mandating use of an ex- friends in mourning his untimely namic financial product and expose a change would inhibit the use of such fundamental misunderstanding of the death. Justin will be remembered as a customized derivates that are useful fi- loving husband, father, son and friend way in which the marketplace works. nancial management tools to hedge ex- Congress must think through the sig- to many. He is survived by his wife tremely specific risks. Bespoke deriva- Marikay; his daugther Kylah; and his nificant, unintended consequences be- tives cannot always be substituted fore we act to mandate that all Over- parents Rhonda Thompson and Daniel with exchange traded or standardized Decrow. Justin had returned over the the-Counter—OTC—derivatives be cen- OTC products. Even attempting to trally cleared and executed on ex- summer from a year’s deployment in craft a carve-out for such derivatives South Korea before being stationed at changes or cash collateralized, as well raises the concern of whether the U.S. as subjecting end-users to capital Fort Hood. Securities and Exchange Commission A native of Plymouth, IN, Justin en- charges. By de-incentivizing companies and Commodities Future Trading Com- to use these risk management tools, listed in the Army immediately after mission could agree on what should be graduating from high school. At the such proposals will have the perverse traded. effect of increasing business risk and time of his passing, he was a resident Another red flag raised by the circu- raising costs. of Evans, GA, where he lived with his The proposals advocated for by the lating proposals is the unintended con- high school sweetheart and 13-year-old U.S. Treasury and Chairman of the sequence of segregating variation mar- daughter in a house he built just a few Senate Banking Committee, Senator gin. The more capital a dealer has to years ago. Justin was planning to be- set aside to purchase an asset, the CHRISTOPHER DODD, seem to provide come an Army contractor at nearby too many government mandates and fewer assets it can purchase. Height- Fort Gordon, working within his spe- not enough flexibility. The proposed ened capital requirements restrict a cialty of satellite communications regulatory structure for OTC deriva- dealer’s ability to generate returns on training. At Ford Hood, he had been tives is built on an inadequate founda- its capital or provide loans to Main training soldiers to help new veterans tion lacking the staff, expertise, tech- Street businesses, students heading to with paperwork. Justin is remembered nology, and resources needed to pro- college, or families seeking a mort- by family and friends as a very loving vide truly robust oversight. Clearing gage. It also does not protect end users man, who enjoyed working with his and exchange-trading requirements do or reduce systemic risk in any demon- hands. not accommodate the need for cus- strable way. While we struggle to express our sor- tomized transactions. Capital and mar- Corporate scandal and economic fail- row over the loss of Justin, we can gin requirements threaten to lock up ure have provided such a regulatory take pride in the example he set as a liquidity. Lack of international coordi- catalyst many times in the past. It is soldier, a husband, a father, and a son. nation guarantees a flight of capital alarmingly reminiscent of 2002, when Today and always, he will be remem- away from our shores. Congress enacted Sarbanes-Oxley; in- bered by family, friends and fellow Derivatives may not be part of the troducing a host of new compliance re- Hoosiers as a true American hero, and Main Street vernacular, they may be quirements for accounting, corporate we cherish the legacy of his service and unfamiliar to the local car dealership, governance, and financial disclosure. his life. but the manufacturers that supply But, in the years since the legislation It is my sad duty to enter the name those dealerships know them well. De- took effect, the overhaul has come to of Justin M. Decrow in the RECORD of rivatives provide businesses with ac- be widely regarded as overly complex, the U.S. Senate for his service to this cess to lower cost capital, enabling unduly burdensome, and a severe dis- country and for his profound commit- them to grow, invest, and retain and advantage to American businesses in ment to freedom, democracy and peace. create new jobs. With the unemploy- the global marketplace. I pray that the Decrow family, and ment rate at 10.2 percent nationally, Congress should be instructed by the the families of all the victims of this this is no time to increase uncertainty lessons of the past and not add such incomprehensible act, can find comfort and business costs. regulations that will impede capital in the words of the prophet Isaiah who Congress must be mindful of the mo- formation. The simple, easy, but ulti- said, ‘‘He will swallow up death in vic- bility of capital in the global market- mately wrong answer is to issue a gov- tory; and the Lord God will wipe away place as well. Without a proper regu- ernment mandate for every perceived tears from off all faces.’’ latory balance, capital can and will ac- problem. Thinking through the unin- f cept higher risk for less onerous regu- tended consequences of overregulation lation. We must maintain incentives and trusting market solutions is more MILITARY AND VA for business to participate in a large difficult, but it is ultimately the only APPROPRIATIONS and liquid OTC derivative market, way to preserve the innovation that Mr. BOND. Mr. President, in this while promoting global coordination to powers American markets. ever-difficult era of economic recession

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11486 CONGRESSIONAL RECORD — SENATE November 18, 2009 and troops engaged overseas, I am port. I sincerely believe that the pas- see. But it showed the world once again proud to introduce this amendment sage of this amendment will be another that this is a nation of high ideals and with Senators UDALL of New Mexico example of our shining and unwavering higher aspirations. It proved the endur- and BINGAMAN which addresses a dual commitment to our veterans. ing truth of the American dream and front plaguing our country’s war he- f reinforced the true character of our roes. That dual front emerges from two great country. troubles that exist for our veterans PRESIDENTIAL CAMPAIGN This Nation owes a great deal to Rev- dealing with the horrors of war abroad Mr. BURRIS. Mr. President, in the erend Jackson and many like him, who and lack of affordable housing at home. last century, Dr. Martin Luther King, continue to share their talent, their vi- This sad duality has a dark and trag- Jr., spoke often of ‘‘the arc of the sion, and their abiding faith with the ic reality. To date, one out of every moral universe’’ and how it bends to- American people. So today, 25 years three homeless men sleeping some- ward justice. He held an optimistic but after his historic run for President, I where in our cities and communities is unvarnished view of our country and rise to thank Jesse Jackson for all that a veteran. Veterans make up a signifi- saw that America’s greatness lives in he has done and for all that he con- cant and disproportionate amount— the promise of expanding equality and tinues to do. And even as we honor his over 20 percent—of our country’s home- opportunity. accomplishments, we know that we can less population. The number of home- Sadly, for parts of our history, the look to the future with optimism, se- less Vietnam-era veterans is greater halls of civil discourse were closed to cure in the certain knowledge that we than the number of service persons who people of color, women, and other are in control of our destiny. died during that war. Regrettably, this groups. Too many Americans were de- We, the American people, have the dark shadow cast behind our Nation’s nied the freedom that our founding power to determine the course of this veterans is stretching because we are documents guaranteed to every indi- Nation, as Reverend Jackson reminded seeing homelessness spread to veterans vidual, and for far too long. But here in us a quarter of a century ago. That is returning from the ongoing conflicts in the United States, it is inevitable that the legacy to which he belongs—a leg- Iraq and Afghanistan. Instead of re- justice wins out over tyranny in the acy of equality and opportunity, which ceiving the services and benefits they end. he has left to each of us. deserve, veterans from Iraq and Af- Thanks to the leadership of Dr. King Let us honor that legacy and carry it ghanistan—as well as many American and countless other trailblazers—of all forward, so future generations can families—are at greater risk of home- races, backgrounds, and walks of life— share in the ever-expanding promise of lessness due to a number of factors, today’s America is more free, more the American dream. such as the economic downturn, the fair, and more equal than our fore- f acute shortage of affordable housing, fathers could possibly have dreamed. and lingering mental health illnesses. And today, I come to the floor in honor CONGRESSIONAL AWARDS Further, despite the efforts of the fed- of one of these real-life trailblazers. PROGRAM eral government and its partners at the Twenty-five years ago, it was almost Mr. ENZI. Mr. President, I am very State and local levels and their inconceivable that a person of color pleased to have this opportunity to ac- progress in addressing homelessness, could become President of the United knowledge one of our great success sto- there remain too many gaps in our States. But that did not stop the Rev- ries—the Congressional Awards—on the safety net system to prevent homeless- erend Jesse L. Jackson, Sr., from occasion of their 30th anniversary. This ness. mounting a serious campaign. Some is a great milestone in the history of a For our troops and their families to applauded the effort, and some decried program that has served to inspire and whom we owe so much, who make it as foolishness. Some said that Amer- encourage countless young people great contributions to defend our coun- ica was not ready. But Reverend Jack- across the country since it was first try, and who risk their lives; is home- son was undeterred. He laid righteous signed into law in 1979. lessness an acceptable outcome for claim to the values that define us as Thirty years ago, Senator Malcolm them? Clearly, the answer is no. That Americans, and he shared his vision Wallop of Wyoming and Congressman is why I am proud to support this with all those who would listen and James Howard of New Jersey joined amendment with my colleagues from some who would not. And under his forces to establish and promote the New Mexico and I value the work I leadership, an otherwise ordinary Pres- Congressional Awards and provide this have been a part of with my other col- idential campaign became a movement. great opportunity to young people all leagues and friends like Senators MUR- People across America were inspired by across the Nation. Today this program RAY, MIKULSKI, REED, and HUTCHISON. what they saw, what they heard, and is achieving results throughout the This amendment sends a clear and what they read. They turned out in United States far beyond what anyone strong message that we cannot allow droves to campaign for Reverend Jack- could have ever expected. One by one, our veterans to return to their commu- son, to hear him speak, and to offer students are rolling up their sleeves nities without providing them the sup- their support. and getting to work, establishing per- port they need. This is why we intro- Twenty-five years ago, Rev. Jesse sonal goals as well as goals for commu- duced this amendment which combines Jackson decided to run for President. nity service. Their dedication has made the necessary support and housing And his bold campaign changed Amer- it possible for them to make a great services to help our veterans. Veterans ican politics forever. As Dr. King would difference in the world right where it need a comprehensive approach that say, he and his supporters put their should always start—in their own begins with secure and stable housing hands on the arc of the moral universe backyard. in order to provide them the oppor- and caused it to bend just a bit further. The Congressional Awards program tunity to reintegrate into society and He broke down barriers, he shattered has deep Wyoming roots because Mal- support their families. Our amendment prejudice, and he paved the way for all colm Wallop helped to provide the lead- fully funds the Homeless Grant and Per who came after. He left an indelible ership that led to its creation. It has Diem Program, which is administered mark on the political and social land- deep roots in Wyoming because it has by the U.S. Department of Veterans Af- scape in this Nation and his contribu- inspired our young people to a truly re- fairs and promotes the development of tions will be felt for many years to markable degree. The popularity of supportive housing and services with come. this program extends from one corner the goals of helping homeless veterans In 2008, thanks to the leadership and of my home State to the other and it achieve residential stability, increase vision of Jesse Jackson, Martin Luther continues to spark the imagination and their skill levels and income and de- King, Jr., and countless others, Amer- encourage the enthusiastic participa- velop greater self-determination. In ica did what was once unthinkable: we tion of another group of participants closing, I thank my colleagues from elected an African-American man every year. New Mexico and the managers of the named Barack Obama to the highest Because of the great work this pro- Military Construction and Veterans Af- office in our land. It was a day I never gram makes possible, I try to attend as fairs appropriations bill for their sup- thought I would be fortunate enough to many award ceremonies as I possibly

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11487 can. I enjoy having the opportunity to Awards had to be one of his favorite fect on a community that was facing recognize the achievements of those achievements, something special that very hard economic times before the who have earned these awards almost will continue to last as part of his Sen- KIA facility came along. as much as the award winners enjoy re- ate legacy that will serve to inspire Mr. President, in closing, I would ceiving the recognition of the Congress present and future generations to con- just like to emphasize how important for their efforts. Every time I take part tinue to work to make great changes in the Korea-United States Free Trade in one of these special ceremonies, I the world around them. Agreement is to the United States, and can see the excitement and sense of That will mean, in the years to come, in particular to my home State of satisfaction that the award represents when we look to the young people of Georgia. The KIA facility in West to each recipient because they have Wyoming, the West and the United Point, GA, is just one example of the earned it by accomplishing what they States to take their place as our lead- impact that this proposed free-trade set out to do. ers on the local, State and national agreement could have on other commu- The Congressional Awards are open level, thanks in part to the experience nities across the United States. During and available to young people from of the Congressional Awards program, these difficult economic times, it is about age 14 to 23. They honor those they will be ready. critical that the administration and who have done something to improve f Congress look for ways to build the themselves by expanding their horizons economy and create jobs, and approv- KOREA-U.S. FREE TRADE as to what they believe is possible for ing the Korea-United States Free AGREEMENT them to achieve. Working with adult Trade Agreement would do just that. Mr. ISAKSON. Mr. President, I wish mentors, they dedicate themselves to f achieving a set of goals in four areas— to express my strong support for the public service, personal development, Korea-United States Free Trade Agree- ADDITIONAL STATEMENTS physical fitness, and the exploration of ment. As you know, President Obama is in South Korea today and tomorrow the world around them. Because of TRIBUTE TO DR. JAMES R. meeting with South Korean President their enthusiasm, it is no surprise that HOUSTON they have been able to achieve such Lee Myung-bak, and I would like to ∑ great results in their lives. take this opportunity to communicate Mr. COCHRAN. Mr. President, Dr. There are three levels of awards of- to the President and his administra- James R. Houston of the U.S. Army fered by the program—Bronze, Silver tion the importance of expressing sup- Corps of Engineers will soon retire and Gold. The Gold Award is the most port for the Korea-United States Free with over 38 years of service. He is a difficult of the three to earn because it Trade Agreement during these meet- member of the Senior Executive Serv- requires the most in terms of both time ings. ice, SES, and is the First Director of and effort. The United States and the Republic the Corps’ Engineer Research and De- Over the years, the number of Wyo- of Korea have a long history of trade. velopment Center, ERDC. His accom- ming Congressional Award winners at According to the Office of the U.S. plishments and dedication to the Corps each level has been impressive. How- Trade Representative, U.S. goods and of Engineers’ laboratory community ever, because of the good example Mal- services traded with Korea totaled $101 and the Army are exceptional and will colm Wallop worked so hard to provide, billion in 2007. The Republic of Korea is have a significant and long-lasting we have had a remarkable number of the seventh-largest trading partner of positive impact on this Nation. Gold Medal award winners in my State. the United States. In my home State of After serving as a private in the U.S. That is a remarkable achievement for Georgia alone, goods and services ex- Army Corps of Engineers, Dr. Houston a State with a comparatively small ported to the Republic of Korea total began his Army civilian career as a population. It underscores the deter- more than $390 million, making the Re- physicist studying explosion-generated mination of Wyoming’s young people public of Korea Georgia’s 12th largest wave effects at the U.S. Army Engineer to always finish what they set out to trading partner. Furthermore, trade Waterways Experiment Station, WES, do. with the Republic of Korea accounted in Vicksburg, MS. At WES he cal- That is why our award winners have for more than $3 billion worth of goods culated harbor oscillations and devised been getting noticed and the word has passing through the Port of Savannah, a numerical model to determine the in- been getting around about how much it GA. undation limits of tsunamis in the Ha- means to each award winner to have It is imperative that the United waiian Islands. In 1978, he earned his earned such a special prize. That has States build on this already strong re- Ph.D. from the University of Florida inspired others to try to do the same lationship with the Republic of Korea and in 1981 received an Army R&D and it has kept the line of program par- by approving a Korea-United States Achievement Award for improved ticipants going strong. Free Trade Agreement. Approving a methods for numerically simulating Malcolm Wallop understood the im- Korea-United States Free Trade Agree- tsunami propagation and interaction portance of that message and the need ment will enhance both economies by with nearshore regions. In 1983 he was for our young people to hear it—and growing markets for both U.S. and Ko- promoted to chief of the research divi- hear it clearly. Thanks to him and his rean goods and services, creating jobs sion in the Coastal Engineering Re- efforts, kids in Wyoming and through- in both countries, and will strengthen search Center where he researched nu- out the nation understand that there is an already strong relationship with one merical modeling of coastal processes something better for them to do than of the most important allies of the and tsunami flood level predictions. to complain about what’s wrong with United States in the East Asian region. In 1986 he became the SES director of the world. They now know that if there I would also like to take this oppor- the Coastal Engineering Research Cen- is a problem in the community or down tunity to highlight a new KIA auto- ter, CERC, and with the combining of the street you can do something about mobile production facility in West CERC and the Hydraulics Laboratory it. It’s more than positive thinking; Point, GA. This is a direct investment in 1997, he became the director of the it’s a call to action. It’s a lesson from the Republic of Korea that is hav- Coastal and Hydraulics Laboratory, learned that will then encourage our ing a positive impact on my State’s CHL. In these assignments, he oversaw young people to apply the same deter- economy. This week, the first KIA Sor- research programs in coastal and hy- mination that helped them to earn rento vehicles were completed at the draulic engineering, oceanography, their Congressional Award to the other West Point facility, where 1,200 jobs coastal geology, dredging, and numer- goals they have set for themselves so have already been created and an esti- ical modeling of hydrodynamics and they can achieve the same kind of suc- mated 1,300 additional jobs will be cre- sediment transport. Under his leader- cess in every area of their lives. ated in the coming years. The impact ship, CHL became the largest coastal Although Malcolm accomplished a on the local economy by the West and hydraulics engineering laboratory great deal during his three terms of Point facility is estimated to be around in the world. service in the United States Senate, I $6.5 billion over the next 3 years, which In 2000 he became the first director of have always believed the Congressional is already having a transformative ef- ERDC and in 2006 became dual-hatted

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11488 CONGRESSIONAL RECORD — SENATE November 18, 2009 as the Director of Research and Devel- Morrough P. O’Brien Award from the men and women of Goodrich opment and Chief Scientist of the U.S. American Shore and Beach Preserva- Aerostructures in Foley.∑ Army Corps of Engineers. In that lat- tion Association. f ter capacity he advised the Com- Dr. Houston’s career with the Corps RECOGNIZING RICKER HILL manding General of the Corps on mat- of Engineers has been marked with un- ORCHARDS ters of science and technology and de- precedented accomplishments and is a veloped research and development pol- superb legacy. His exceptional leader- ∑ Ms. SNOWE. Mr. President, as we icy for the Corps. ship qualities and technical eminence prepare to celebrate Thanksgiving next The ERDC research that he led has are in the best tradition of the Corps. week, we should be mindful of the made an enormous difference in the He is a consummate professional whose thousands of Americans who make pos- global war on terrorism, GWOT. He led performance in over 38 years of service sible the celebration as we know it ERDC to be the 2002 Army Research has personified those traits of com- today. Farmers of all kinds grow and and Development Organization of the petency and integrity that our Nation harvest the sweet potatoes, turkeys, Year in recognition of successful mod- has come to expect of its senior civil- and cranberries that we enjoy on our eling of the physics of blast/structure ian leaders. We wish him and his fam- dinner tables every fourth Thursday in interaction and development of struc- ily all the best.∑ November. In recognition of one such tural-hardening technology for retro- f business, I rise today to honor a small fitting buildings to withstand terrorist family farm that has been harvesting attacks. The Pentagon wedge that was RECOGNIZING GOODRICH delicious fruits in western Maine for hit on September 11 had just been AEROSTRUCTURES over two centuries. structurally hardened using this tech- ∑ Mr. SESSIONS. Mr. President, I ask Located in the scenic town of Turner nology, and ERDC’s technology was my colleagues to join me in congratu- in Maine’s foothills, Ricker Hill Or- credited with saving hundreds of lives lating the Goodrich Aerostructures chards primarily grows apples of all va- on that tragic day. As a result of his Original Equipment Manufacturer and rieties, most notably the McIntosh, a support of GWOT, the Secretary of the the Alabama Service Center in Foley, tradition the Ricker family started in Army awarded him the Decoration for AL, on their 25th anniversary. Good- 1803. The small family-owned farm, Exceptional Civilian Service, and the rich Aerostructures became part of the now in its ninth generation, has ex- U.S. Army Engineer Regiment awarded Baldwin County community in 1984, panded over the years to grow other him both its Bronze and Silver originally as Rohr Industries. Twenty- fruits, including pears and peaches, as deFleury medals. two years later, Goodrich expanded sig- well as other items like North Amer- Under his leadership, ERDC won the nificantly, and since 2005 Goodrich ican ginseng. Of course with apples Army Research and Development Orga- Aerostructures has been the second comes cider, and Ricker Hill presses its nization of the Year five times: 2002, largest employer in Foley with ap- own cider on the premises. Similarly, 2005, 2007, 2008, and 2009. This is an un- proximately 800 people manufacturing, the company sells numerous apple-re- precedented performance accomplish- assembling, repairing, and servicing lated products at its county store, such ment in the history of the Army’s lab- aircraft engine components and struc- as apple cider donuts—a fall treat in oratory of the year competition. tures for military and commercial air- Maine—pies, turnovers, dumplings, and Dr. Houston led countless water re- planes. other sweets. For those without the sources research efforts such as that Since its inception, Goodrich good fortune of visiting Maine during for the Los Angeles County flood-con- Aerostructures has received numerous the crisp fall months, Ricker Hill has trol project that produced savings of awards and recognition for continually an online store where customers can over $200 million. In 2004, the ERDC providing excellent service and out- order sweet cortland and gala apples, won the prestigious White House Clos- standing products. For the past 8 con- refreshing cider, and other unique ing-the-Circle Award for research on secutive years, employees at Goodrich gifts. environmental stewardship. Under his in Foley have been recognized by the Additionally, during the early fall leadership, the ERDC developed inte- Federal Aviation Administration with months, Ricker Hill adds cranberries— grated biological, chemical, and eco- Aviation Maintenance Technician one of only three commercially grown logical control technologies to combat awards. In addition, Goodrich fruits that are native to America—to nonindigenous aquatic plants, result- Aerostructures in Foley recently its repertoire. The orchard dry har- ing in annual savings of $50 million. reached a significant milestone by de- vests its small bright berries, as op- Dr. Houston has been a champion for livering its 500th CF34–10 nacelle, and posed to employing wet harvesting, al- outreach programs to foster a diverse the company is on contract to supply lowing Ricker Hill to sell fresh berries workforce and supported educational the pylons and nacelle systems for the at market that last longer. To produce outreach activities in civil engineer- Air Force’s C–5 Galaxy strategic the fruit, Ricker Hill must irrigate the ing, environmental quality, and com- airlifter as part of the Reliability En- bogs starting in the spring, while main- puter science. He provided research ex- hancement and Re-Engining Program taining and repairing existing fields, perience for college students from His- to modernize the Air Force airlift fleet and building new ones, throughout the torically Black Colleges and Univer- and improve support for our military summer. Finally, the company har- sities/Minority Institutions, HBCU/MI. personnel around the world. vests the cranberries in early fall, During his tenure ERDC annually led The men and women of Goodrich using a small lawnmower-like instru- the Army in meeting its HBCU/MI con- have also been recognized as good cor- ment to collect the fruit. tracting goal. porate citizens and civic leaders in To entertain the whole family, He has published over 130 technical Baldwin County. The United Way of Ricker Hill has taken great strides to- reports and papers, and he has received Baldwin County recognized Goodrich as wards making a visit to their farm a numerous honors and awards including the top contributing industry in the day-long event. Complete with a corn Phi Beta Kappa; Phi Kappa Phi; SES county earlier this year, and Goodrich maze, hay barn, obstacle course, and Distinguished Presidential Rank workers actively support education, cider making tour, the company packs Award; two SES Meritorious Presi- arts, and civic activities in the local a plethora of activities into its Farm dential Rank Awards; Army R&D community, including support for the Fun Day Pass. Ricker Hill also offers Achievement Award; Army Decoration Foley Public Library, the Center for tours to school groups of the farm’s for Exceptional Civilian Service; Army Autism for Baldwin County, and the apple picking and packing operations. Commendation Medal; two Army Meri- Baldwin County Council on Aging, and And something one would not expect at torious Civilian Service Awards; Silver sending care packages to employees’ a farm, Ricker Hill even has a chal- Order of de Fleury Medal; Bronze Order friends and family members that are lenging disc golf course that winds of de Fleury Medal; Eminent Speaker serving our country in Iraq and Af- through the farm’s acres of bogs and for 1993 from the Institution of Engi- ghanistan. woods. neers, Australia; 1997 National Beach On behalf of my Senate colleagues Ricker Hill Orchards excels at pro- Advocacy Award; and the 2003 and the State of Alabama, I thank the viding visitors with a quintessential

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11489 Maine fall experience. And for over 200 gan, as the ‘‘John J. Shivnen Post Office MEASURES PLACED ON THE years, the farm has been producing Building’’. CALENDAR H.R. 2760. An act to designate the facility some of New England’s freshest and The following bill was read the first most delectable fruits, a practice that of the United States Postal Service located at 1615 North Wilcox Avenue in Los Angeles, and second times by unanimous con- has helped the company garner a California, as the ‘‘Johnny Grant Hollywood sent, and placed on the calendar: matchless reputation. As Thanksgiving Post Office Building’’. H.R. 3360. An act to amend title 46, United approaches, and families across the H.R. 2972. An act to designate the facility States Code, to establish requirements to en- country sit down to plates of cranberry of the United States Postal Service located sure the security and safety of passengers sauce and apple pie, I wish everyone at at 115 West Edward Street in Erath, Lou- and crew on cruise vessels, and for other pur- Ricker Hill Orchards many more years isiana, as the ‘‘Conrad DeRouen, Jr. Post Of- poses. fice’’. of successful harvests of the ingredi- f ents that make this holiday so spe- H.R. 3119. An act to designate the facility EXECUTIVE AND OTHER cial.∑ of the United States Postal Service located at 867 Stockton Street in San Francisco, COMMUNICATIONS f California, as the ‘‘Lim Poon Lee Post Of- The following communications were fice’’. MESSAGES FROM THE PRESIDENT H.R. 3386. An act to designate the facility laid before the Senate, together with Messages from the President of the of the United States Postal Service located accompanying papers, reports, and doc- United States were communicated to at 1165 2nd Avenue in Des Moines, Iowa, as uments, and were referred as indicated: the Senate by Mr. Pate, one of his sec- the ‘‘Iraq and Afghanistan Veterans Memo- EC–3656. A communication from the Sec- rial Post Office’’. retaries. retary of Defense, transmitting a report on H.R. 3547. An act to designate the facility the approved retirement of Vice Admiral f of the United States Postal Service located William D. Sullivan, United States Navy, at 936 South 250 East in Provo, Utah, as the and his advancement to the grade of Vice EXECUTIVE MESSAGES REFERRED ‘‘Rex E. Lee Post Office Building’’. Admiral on the retired list; to the Com- As in executive session the Presiding The enrolled bills were subsequently mittee on Armed Services. Officer laid before the Senate messages signed by the President pro tempore EC–3657. A communication from the Sec- from the President of the United retary of Defense, transmitting a report on (Mr. BYRD). the approved retirement of Lieutenant Gen- States submitting sundry nominations eral Thomas R. Turner II, United States which were referred to the appropriate At 10:35 a.m., a message from the Army, and his advancement to the grade of committees. House of Representatives, delivered by lieutenant general on the retired list; to the (The nominations received today are Mrs. Cole, one of its reading clerks, an- Committee on Armed Services. printed at the end of the Senate pro- nounced that the House has passed the EC–3658. A communication from the Direc- ceedings.) following bills, in which it requests the tor of Defense Procurement and Acquisition concurrence of the Senate: Policy, Department of Defense, transmit- f ting, pursuant to law, the report of a rule en- H.R. 3305. An act to designate the Federal MESSAGES FROM THE HOUSE titled ‘‘Defense Federal Acquisition Regula- building and United States courthouse lo- tion Supplement; World Trade Organization ENROLLED BILLS SIGNED cated at 224 South Boulder Avenue in Tulsa, Government Procurement Agreement Des- At 9:33 a.m., a message from the Oklahoma, as the ‘‘H. Dale Cook Federal ignated Country’’ (DFARS Case 2009–D010) Building and United States Courthouse’’. received in the Office of the President of the House of Representatives, delivered by H.R. 3360. An act to amend title 46, United Ms. Niland, one of its reading clerks, Senate on November 16, 2009; to the Com- States Code, to establish requirements to en- mittee on Armed Services. announced that the Speaker has signed sure the security and safety of passengers EC–3659. A communication from the Chair- the following enrolled bills: and crew on cruise vessels, and for other pur- man and President of the Export-Import S. 748. An act to redesignate the facility of poses. Bank, transmitting, pursuant to law, a re- the United States Postal Service located at H.R. 3618. An act to provide for implemen- port relative to transactions involving U.S. 2777 Logan Avenue in San Diego, California, tation of the International Convention on exports to the United Kingdom; to the Com- as the ‘‘Cesar E. Chavez Post Office’’. the Control of Harmful Anti-Fouling Sys- mittee on Banking, Housing, and Urban Af- S. 1211. An act to designate the facility of tems on Ships, 2001, and for other purposes. fairs. the United States Postal Service located at EC–3660. A communication from the Direc- 60 School Street, Orchard Park, New York, At 1:08 p.m., a message from the tor, Financial Crimes Enforcement Network, as the ‘‘Jack F. Kemp Post Office Building’’. House of Representatives, delivered by Department of the Treasury, transmitting, S. 1314. An act to designate the facility of Ms. Niland, one of its reading clerks, pursuant to law, the report of a rule entitled the United States Postal Service located at announced that the House has agreed ‘‘Financial Crimes Enforcement Network; 630 Northeast Killingsworth Avenue in Port- to the following concurrent resolution, Amendment to the Bank Secrecy Act Regu- land, Oregon, as the ‘‘Dr. Martin Luther lations—Administrative Ruling System’’ King, Jr. Post Office’’. in which it requests the concurrence of (RIN1506–AB03) received in the Office of the S. 1825. An act to extend the authority for the Senate: President of the Senate on November 12, relocation expenses tests programs for Fed- H. Con. Res. 214. Concurrent resolution 2008; to the Committee on Banking, Housing, eral employees, and for other purposes. providing for a conditional adjournment of and Urban Affairs. H.R. 955. An act to designate the facility of the House of Representatives and a condi- EC–3661. A communication from the Acting the United States Postal Service located at tional recess or adjournment of the Senate. Director of Human Resources, Office of Ad- 10355 Northeast Valley Road on Rollingbay, ministration and Resources Management, Washington, as the ‘‘John ‘Bud’ Hawk Post f Environmental Protection Agency, transmit- Office’’. ting, pursuant to law, (3) three reports rel- H.R. 1516. An act to designate the facility ative to vacancies in the Environmental Pro- of the United States Postal Service located MEASURES REFERRED tection Agency, received in the Office of the at 37926 Church Street in Dade City, Florida, The following bills were read the first President of the Senate on November 16, as the ‘‘Sergeant Marcus Mathes Post Of- 2009; to the Committee on Environment and fice’’. and the second times by unanimous Public Works. H.R. 1713. An act to name the South Cen- consent, and referred as indicated: EC–3662. A communication from the Attor- tral Agricultural Research Laboratory of the H.R. 3305. An act to designate the Federal ney Advisor, U.S. Coast Guard, Department Department of Agriculture in Lane, Okla- building and United States courthouse lo- of Homeland Security, transmitting, pursu- homa, and the facility of the United States cated at 224 South Boulder Avenue in Tulsa, ant to law, the report of a rule entitled ‘‘Pol- Postal Service located at 310 North Perry Oklahoma, as the ‘‘H. Dale Cook Federal lution Prevention Equipment’’ ((RIN1625– Street in Bennington, Oklahoma, in honor of Building and United States Courthouse’’; to AA90) (Docket No. USG–2004–18939)) received former Congressman Wesley ‘‘Wes’’ Watkins. the Committee on Environment and Public in the Office of the President of the Senate H.R. 2004. An act to designate the facility Works. on November 12, 2009; to the Committee on of the United States Postal Service located H.R. 3618. An act to provide for implemen- Commerce, Science, and Transportation. at 4282 Beach Street in Akron, Michigan, as tation of the International Convention on EC–3663. A communication from the Attor- the ‘‘Akron Veterans Memorial Post Office’’. the Control of Harmful Anti-Fouling Sys- ney Advisor, U.S. Coast Guard, Department H.R. 2215. An act to designate the facility tems on Ships, 2001, and for other purposes; of Homeland Security, transmitting, pursu- of the United States Postal Service located to the Committee on Commerce, Science, ant to law, the report of a rule entitled ‘‘An- at 140 Merriman Road in Garden City, Michi- and Transportation. chorages; New and Revised Anchorages in

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11490 CONGRESSIONAL RECORD — SENATE November 18, 2009 the Captain of the Port Portland, OR, Area Off Alaska; Central Gulf of Alaska Rockfish justment’’ (RIN2105–AD79) received in the Of- of Responsibility’’ ((RIN1625–AA01) (Docket Program; Amendment 85’’ (RIN0648–AX42) re- fice of the President of the Senate on No- No. USG–2008–1232)) received in the Office of ceived in the Office of the President of the vember 13, 2009; to the Committee on Com- the President of the Senate on November 12, Senate on November 13, 2009; to the Com- merce, Science, and Transportation. 2009; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- EC–3680. A communication from the Pro- Science, and Transportation. tation. gram Analyst, National Highway Traffic EC–3664. A communication from the Attor- EC–3672. A communication from the Dep- Safety Administration, Department of ney Advisor, U.S. Coast Guard, Department uty Assistant Administrator for Regulatory Transportation, transmitting, pursuant to of Homeland Security, transmitting, pursu- Programs, Office of Sustainable Fisheries, law, the report of a rule entitled ‘‘Federal ant to law, the report of a rule entitled Department of Commerce, transmitting, pur- Motor Vehicle Safety Standard No. 121; Air ‘‘Drawbridge Operation Regulations; East suant to law, the report of a rule entitled Brake Systems’’ (RIN2127–AK44) received in River, New York City, NY’’ ((RIN1625–AA09) ‘‘Fisheries of the United States Exclusive the Office of the President of the Senate on (Docket No. USG–2009–0348)) received in the Economic Zone Off Alaska; Fisheries of the November 13, 2009; to the Committee on Office of the President of the Senate on No- Arctic Management Area; Bering Sea Sub- Commerce, Science, and Transportation. vember 12, 2009; to the Committee on Com- area’’ (RIN0648–AX71) received in the Office EC–3681. A communication from the Pro- merce, Science, and Transportation. of the President of the Senate on November gram Analyst, Federal Aviation Administra- EC–3665. A communication from the Attor- 13, 2009; to the Committee on Commerce, tion, Department of Transportation, trans- ney Advisor, U.S. Coast Guard, Department Science, and Transportation. mitting, pursuant to law, the report of a rule of Homeland Security, transmitting, pursu- EC–3673. A communication from the Dep- entitled ‘‘Pilot, Flight Instructor, and Pilot ant to law, the report of a rule entitled uty Assistant Administrator for Regulatory School Certification; Correction’’ (RIN2120– ‘‘Drawbridge Operation Regulation; Atlantic Programs, Office of Sustainable Fisheries, AI86) received in the Office of the President Intracoastal Waterway (AIWW), Elizabeth Department of Commerce, transmitting, pur- of the Senate on November 13, 2009; to the River, Southern Branch, VA ‘‘ ((RIN1625– suant to law, the report of a rule entitled Committee on Commerce, Science, and AA09) (Docket No. USG–2009–0814)) received ‘‘Pacific Halibut Fisheries; Subsistence Fish- Transportation. in the Office of the President of the Senate ing’’ (RIN0648–AX53) received in the Office of EC–3682. A communication from the Pro- on November 12, 2009; to the Committee on the President of the Senate on November 13, gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. 2009; to the Committee on Commerce, tion, Department of Transportation, trans- EC–3666. A communication from the Attor- Science, and Transportation. mitting, pursuant to law, the report of a rule ney Advisor, U.S. Coast Guard, Department EC–3674. A communication from the Acting entitled ‘‘Revision of Colored Federal Air- of Homeland Security, transmitting, pursu- Director of Sustainable Fisheries, National way; Washington’’ ((RIN2120–AA66)(Docket ant to law, the report of a rule entitled ‘‘Se- Marine Fisheries Services, Department of No. FAA–2009–0970)) received in the Office of curity Zone; Naval Base Point Loma; San Commerce, transmitting, pursuant to law, the President of the Senate on November 13, Diego, CA’’ ((RIN1625–AA87) (Docket No. the report of a rule entitled ‘‘Fisheries of the 2009; to the Committee on Commerce, USG–2008–1016)) received in the Office of the Exclusive Economic Zone Off Alaska; Re- Science, and Transportation. President of the Senate on November 12, allocation of Pacific Cod in the Bering Sea EC–3683. A communication from the Pro- 2009; to the Committee on Commerce, and Aleutian Islands Management Area’’ gram Analyst, Federal Aviation Administra- Science, and Transportation. (RIN0648–XS69) received in the Office of the tion, Department of Transportation, trans- EC–3667. A communication from the Attor- President of the Senate on November 13, mitting, pursuant to law, the report of a rule ney, U.S. Coast Guard, Department of Home- 2009; to the Committee on Commerce, entitled ‘‘Establishment of VOR Federal Air- land Security, transmitting, pursuant to Science, and Transportation. way V–626; UT’’ ((RIN2120–AA66)(Docket No. law, the report of a rule entitled ‘‘Safety EC–3675. A communication from the Chief FAA–2009–0311)) received in the Office of the Zone; Catholic Church Processions, San of Staff, Media Bureau, Federal Communica- President of the Senate on November 13, Diego Bay, San Diego, CA’’ ((RIN1625–AA00) tions Commission, transmitting, pursuant to 2009; to the Committee on Commerce, (Docket No. USG–2009–0812)) received in the law, the report of a rule entitled ‘‘Amend- Science, and Transportation. Office of the President of the Senate on No- ment of Section 73.202(b), Table of Allot- EC–3684. A communication from the Pro- vember 12, 2009; to the Committee on Com- ments, FM Broadcast Stations (Wheatland, gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. Wyoming)’’ (MB Docket No. 08–3) received in tion, Department of Transportation, trans- EC–3668. A communication from the Attor- the Office of the President of the Senate on mitting, pursuant to law, the report of a rule ney, U.S. Coast Guard, Department of Home- November 12, 2009; to the Committee on entitled ‘‘Modification of Restricted Areas land Security, transmitting, pursuant to Commerce, Science, and Transportation. and Other Special Use Airspace; Fallon, NV’’ law, the report of a rule entitled ‘‘Safety EC–3676. A communication from the Chief ((RIN2120–AA66)(Docket No. FAA–2009–0700)) Zone; Waters Surrounding M/V Guilio Verne of Staff, Media Bureau, Federal Communica- received in the Office of the President of the and Barge Hagar for the Transbay Cable tions Commission, transmitting, pursuant to Senate on November 13, 2009; to the Com- Laying Project, San Francisco Bay, CA’’ law, the report of a rule entitled ‘‘Amend- mittee on Commerce, Science, and Transpor- ((RIN1625–AA00) (Docket No. USG–2009–0870)) ment of Section 73.202(b), Table of Allot- tation. received in the Office of the President of the ments, FM Broadcast Stations (Leupp, Ari- EC–3685. A communication from the Pro- Senate on November 12, 2009; to the Com- zona)’’ (MB Docket No. 09–98) received in the gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Office of the President of the Senate on No- tion, Department of Transportation, trans- tation. vember 12, 2009; to the Committee on Com- mitting, pursuant to law, the report of a rule EC–3669. A communication from the Attor- merce, Science, and Transportation. entitled ‘‘Amendment of Federal Airways V– ney, U.S. Coast Guard, Department of Home- EC–3677. A communication from the Chief 163 and V–358 in the Lampasas, TX, Area’’ land Security, transmitting, pursuant to of Staff, Media Bureau, Federal Communica- ((RIN2120–AA66)(Docket No. FAA–2009–0128)) law, the report of a rule entitled ‘‘Safety tions Commission, transmitting, pursuant to received in the Office of the President of the Zone; Beachfest Fireworks, Pacific Ocean, law, the report of a rule entitled ‘‘Amend- Senate on November 13, 2009; to the Com- San Diego, CA’’ ((RIN1625–AA00) (Docket No. ment of Section 73.202(b), Table of Allot- mittee on Commerce, Science, and Transpor- USG–2009–0811)) received in the Office of the ments, FM Broadcast Stations (Dubois, Wyo- tation. President of the Senate on November 12, ming)’’ (MB Docket No. 09–83) received in the EC–3686. A communication from the Pro- 2009; to the Committee on Commerce, Office of the President of the Senate on No- gram Analyst, Federal Aviation Administra- Science, and Transportation. vember 12, 2009; to the Committee on Com- tion, Department of Transportation, trans- EC–3670. A communication from the Acting merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Assistant Administrator of Sustainable Fish- EC–3678. A communication from the Assist- entitled ‘‘Production and Airworthiness Ap- eries, National Marine Fisheries Service, De- ant Chief Counsel for Hazardous Materials provals, Part Marking, and Miscellaneous partment of Commerce, transmitting, pursu- Safety, Pipeline and Hazardous Materials Amendments’’ ((RIN2120–AJ44) (Docket No. ant to law, the report of a rule entitled Safety Administration, Department of FAA–2006–25877)) received in the Office of the ‘‘Magnuson-Stevens Act Provisions; Fish- Transportation, transmitting, pursuant to President of the Senate on November 13, eries Off West Coast States; Pacific Coast law, the report of a rule entitled ‘‘Pipeline 2009; to the Committee on Commerce, Groundfish Fishery; 2009 Management Meas- Safety: Incorporation by Reference Update: Science, and Transportation. ures for Petrale Sole’’ (RIN0648–AY07) re- American Petroleum Institute (API) Stand- EC–3687. A communication from the Pro- ceived in the Office of the President of the ards 5L and 1104’’ (RIN2137–AE42) received in gram Analyst, Federal Aviation Administra- Senate on November 13, 2009; to the Com- the Office of the President of the Senate on tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- November 13, 2009; to the Committee on mitting, pursuant to law, the report of a rule tation. Commerce, Science, and Transportation. entitled ‘‘Establishment of Class D and E EC–3671. A communication from the Acting EC–3679. A communication from the Senior Airspace and Modification of Class E Air- Assistant Administrator of Sustainable Fish- Regulations Analyst, Office of the Secretary space; State College, PA’’ ((RIN2120– eries, National Marine Fisheries Service, De- of Transportation, Department of Transpor- AA66)(Docket No. FAA–2009–0750)) received partment of Commerce, transmitting, pursu- tation, transmitting, pursuant to law, the rein the Office of the President of the Senate ant to law, the report of a rule entitled port of a rule entitled ‘‘Disadvantaged Busi- on November 13, 2009; to the Committee on ‘‘Fisheries of the Exclusive Economic Zone ness Enterprise Program; Inflationary Ad- Commerce, Science, and Transportation.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11491 EC–3688. A communication from the Pro- 2009; to the Committee on Commerce, AA65) received in the Office of the President gram Analyst, Federal Aviation Administra- Science, and Transportation. of the Senate on November 13, 2009; to the tion, Department of Transportation, trans- EC–3697. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Amendment of Class D and E Air- tion, Department of Transportation, trans- EC–3706. A communication from the Pro- space; New Orleans NAS, LA’’ ((RIN2120– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- AA66) (Docket No. FAA–2009–0405)) received entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- in the Office of the President of the Senate Peoria, IL’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule on November 13, 2009; to the Committee on FAA–2009–0511)) received in the Office of the entitled ‘‘Standard Instrument Approach Commerce, Science, and Transportation. President of the Senate on November 13, Procedures (5); Amdt. No. 3345’’ (RIN2120– EC–3689. A communication from the Pro- 2009; to the Committee on Commerce, AA65) received in the Office of the President gram Analyst, Federal Aviation Administra- Science, and Transportation. of the Senate on November 13, 2009; to the tion, Department of Transportation, trans- EC–3698. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Amendment of Class D and Class E tion, Department of Transportation, trans- EC–3707. A communication from the Pro- Airspace; Topeka, KS’’ ((RIN2120– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- AA66)(Docket No. FAA–2009–0404)) received entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- in the Office of the President of the Senate Many, LA’’ ((RIN2120–AA66) (Docket No. mitting, pursuant to law, the report of a rule on November 13, 2009; to the Committee on FAA–2009–0536)) received in the Office of the entitled ‘‘Standard Instrument Approach Commerce, Science, and Transportation. President of the Senate on November 13, Procedures (93); Amdt. No. 3342’’ (RIN2120– EC–3690. A communication from the Pro- 2009; to the Committee on Commerce, AA65) received in the Office of the President gram Analyst, Federal Aviation Administra- Science, and Transportation. of the Senate on November 13, 2009; to the tion, Department of Transportation, trans- EC–3699. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- EC–3708. A communication from the Pro- Nantucket, MA’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- FAA–2008–1253)) received in the Office of the entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- President of the Senate on November 13, Midlothian-Waxahachie, TX’’ ((RIN2120– mitting, pursuant to law, the report of a rule 2009; to the Committee on Commerce, AA66) (Docket No. FAA–2009–0513)) received entitled ‘‘Airworthiness Directives; Airbus Science, and Transportation. in the Office of the President of the Senate Model A310 Airplanes’’ ((RIN2120– EC–3691. A communication from the Pro- on November 13, 2009; to the Committee on AA64)(Docket No. FAA–2009–0996)) received gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. in the Office of the President of the Senate tion, Department of Transportation, trans- EC–3700. A communication from the Pro- on November 13, 2009; to the Committee on mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- EC–3709. A communication from the Pro- Noorvik, AK’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- FAA–2009–0318)) received in the Office of the entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- President of the Senate on November 13, Winona, MN’’ ((RIN2120–AA66) (Docket No. mitting, pursuant to law, the report of a rule 2009; to the Committee on Commerce, FAA–2009–0539)) received in the Office of the entitled ‘‘Airworthiness Directives; Inter- Science, and Transportation. President of the Senate on November 13, national Aero Engines AG (IAE) V2500–A1, EC–3692. A communication from the Pro- 2009; to the Committee on Commerce, V2527E–A5, V2530–A5, and V2528–D5 Turbofan gram Analyst, Federal Aviation Administra- Science, and Transportation. Engines’’ ((RIN2120–AA64)(Docket No. FAA– tion, Department of Transportation, trans- EC–3701. A communication from the Pro- 2009–0294)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- dent of the Senate on November 13, 2009; to entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- the Committee on Commerce, Science, and Spencer, WV’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule Transportation. FAA–2009–0602)) received in the Office of the entitled ‘‘Amendment of Class E Airspace; EC–3710. A communication from the Pro- President of the Senate on November 13, Minden, NE’’ ((RIN2120–AA66) (Docket No. gram Analyst, Federal Aviation Administra- 2009; to the Committee on Commerce, FAA–2009–0542)) received in the Office of the tion, Department of Transportation, trans- Science, and Transportation. President of the Senate on November 13, mitting, pursuant to law, the report of a rule EC–3693. A communication from the Pro- 2009; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- Science, and Transportation. Model 747–100, 747–100B, 747–100B SUD, 747– tion, Department of Transportation, trans- EC–3702. A communication from the Pro- 200B, 747–200C, 747–200F, 747–300, 747SR, 747SP mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Series Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- No. FAA–2009–1000)) received in the Office of Anniston, AL’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule the President of the Senate on November 13, FAA–2009–0653)) received in the Office of the entitled ‘‘Standard Instrument Approach 2009; to the Committee on Commerce, President of the Senate on November 13, Procedures (15); Amdt. No. 3347’’ (RIN2120– Science, and Transportation. 2009; to the Committee on Commerce, AA65) received in the Office of the President EC–3711. A communication from the Pro- Science, and Transportation. of the Senate on November 13, 2009; to the gram Analyst, Federal Aviation Administra- EC–3694. A communication from the Pro- Committee on Commerce, Science, and tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–3703. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model 747–200C and 747–200F Series Air- entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(Docket No. FAA– Beckley, WV’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule 2008–1362)) received in the Office of the Presi- FAA–2009–0651)) received in the Office of the entitled ‘‘Standard Instrument Approach dent of the Senate on November 13, 2009; to President of the Senate on November 13, Procedures (93); Amdt. No. 3346’’ (RIN2120– the Committee on Commerce, Science, and 2009; to the Committee on Commerce, AA65) received in the Office of the President Transportation. Science, and Transportation. of the Senate on November 13, 2009; to the EC–3712. A communication from the Pro- EC–3695. A communication from the Pro- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–3704. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Hawker entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- Beechcraft Corporation Model 1900, 1900C, Tioga, ND’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule and 1900D Airplanes’’ ((RIN2120– FAA–2009–0504)) received in the Office of the entitled ‘‘Standard Instrument Approach AA64)(Docket No. FAA–2008–1312)) received President of the Senate on November 13, Procedures (27); Amdt. No. 3343’’ (RIN2120– in the Office of the President of the Senate 2009; to the Committee on Commerce, AA65) received in the Office of the President on November 13, 2009; to the Committee on Science, and Transportation. of the Senate on November 13, 2009; to the Commerce, Science, and Transportation. EC–3696. A communication from the Pro- Committee on Commerce, Science, and EC–3713. A communication from the Pro- gram Analyst, Federal Aviation Administra- Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–3705. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing St. Louis, MO’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule Model 767–200, –300, –300F, and –400ER Series FAA–2009–0541)) received in the Office of the entitled ‘‘Standard Instrument Approach Airplanes’’ ((RIN2120–AA64)(Docket No. President of the Senate on November 13, Procedures (46); Amdt. No. 3344’’ (RIN2120– FAA–2009–0314)) received in the Office of the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11492 CONGRESSIONAL RECORD — SENATE November 18, 2009 President of the Senate on November 13, tion, Department of Transportation, trans- By Mr. MERKLEY (for himself, Mr. 2009; to the Committee on Commerce, mitting, pursuant to law, the report of a rule BAUCUS, Mr. WYDEN, and Mr. TEST- Science, and Transportation. entitled ‘‘Airworthiness Directives; Reims ER): EC–3714. A communication from the Pro- Aviation S.A. Model F406 Airplanes’’ S. 2791. A bill to authorize the Secretary of gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. FAA–2007–0115)) the Interior to grant economy-related con- tion, Department of Transportation, trans- received in the Office of the President of the tract extensions of a certain timber con- mitting, pursuant to law, the report of a rule Senate on November 13, 2009; to the Com- tracts between the Secretary of the Interior entitled ‘‘Airworthiness Directives; Cessna mittee on Commerce, Science, and Transpor- and timber purchasers, and for other pur- Aircraft Company 150 and 152 Series Air- tation. poses; to the Committee on Energy and Nat- planes’’ ((RIN2120–AA64)(Docket No. FAA– EC–3722. A communication from the Pro- ural Resources. 2007–27747)) received in the Office of the gram Analyst, Federal Aviation Administra- By Mrs. GILLIBRAND: President of the Senate on November 13, tion, Department of Transportation, trans- S. 2792. A bill to amend the Federal Meat 2009; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Inspection Act to develop an effective sam- Science, and Transportation. entitled ‘‘Airworthiness Directives; Fokker pling and testing program to test for E. coli EC–3715. A communication from the Pro- Model F.27 Mark 050, 200, 300, 400, 500, 600, and O157:H7 in boneless beef manufacturing trim- gram Analyst, Federal Aviation Administra- 700 Airplanes’’ ((RIN2120–AA64)(Docket No. mings and other raw ground beef components tion, Department of Transportation, trans- FAA–2009–1024)) received in the Office of the , and for other purposes; to the Committee mitting, pursuant to law, the report of a rule President of the Senate on November 13, on Agriculture, Nutrition, and Forestry. entitled ‘‘Airworthiness Directives; Saab AB, 2009; to the Committee on Commerce, By Mr. LEAHY (for himself and Mr. Saab Aerosystems Model SAAB 340A (SAAB/ Science, and Transportation. VOINOVICH): SF340A) and SAAB 340B Airplanes’’ EC–3723. A communication from the Pro- S. 2793. A bill to amend the Homeland Se- ((RIN2120–AA64)(Docket No. FAA–2009–0910)) gram Analyst, Federal Aviation Administra- curity Act of 2002 to provide for clarification received in the Office of the President of the tion, Department of Transportation, trans- on the use of funds relating to certain home- Senate on November 13, 2009; to the Com- mitting, pursuant to law, the report of a rule land security grants, and for other purposes; mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; 328 Sup- to the Committee on Homeland Security and tation. port Services GmbH Dornier Model 328–300 Governmental Affairs. EC–3716. A communication from the Pro- Airplanes’’ ((RIN2120–AA64)(Docket No. By Mr. SCHUMER: gram Analyst, Federal Aviation Administra- FAA–2009–1023)) received in the Office of the S. 2794. A bill to amend the Internal Rev- tion, Department of Transportation, trans- President of the Senate on November 13, enue Code of 1986 to provide tax incentives mitting, pursuant to law, the report of a rule 2009; to the Committee on Commerce, for the donation of wild game meat; to the entitled ‘‘Airworthiness Directives; ATR Science, and Transportation. Committee on Finance. Model ATR42 and ATR72 Airplanes’’ f By Mr. VITTER: ((RIN2120–AA64)(Docket No. FAA–2009–0999)) S. 2795. A bill to prevent terrorists and received in the Office of the President of the REPORTS OF COMMITTEES those at war with the United States from re- Senate on November 13, 2009; to the Com- ceiving the same treatment as United States mittee on Commerce, Science, and Transpor- The following reports of committees were submitted: citizens and to ensure that the trials of those tation. individuals would not bring more harm or re- EC–3717. A communication from the Pro- By Mr. KERRY, from the Committee on duce national security in the United States; gram Analyst, Federal Aviation Administra- Foreign Relations, without amendment and to the Committee on the Judiciary. tion, Department of Transportation, trans- with a preamble: By Mr. ENZI (for himself, Mr. NELSON mitting, pursuant to law, the report of a rule H. Con. Res. 36. A concurrent resolution of Nebraska, Mr. ALEXANDER, Mr. entitled ‘‘Airworthiness Directives; Bom- calling on the President and the allies of the BURR, Mr. COBURN, Mr. GREGG, Mr. bardier Model CL–600–2C10 (Regional Jet Se- United States to raise in all appropriate bi- HATCH, Mr. ISAKSON, Mr. MCCAIN, Ms. ries 700, 701 & 702) Airplanes, Model CL–600– lateral and multilateral fora the case of Rob- MURKOWSKI, and Mr. ROBERTS): 2D15 (Regional Jet Series 705) Airplanes, and ert Levinson at every opportunity, urging S. 2796. A bill to extend the authority of Model CL–600–2D24 (Regional Jet Series 900) Iran to fulfill their promises of assistance to the Secretary of Education to purchase guar- Airplanes’’ ((RIN2120–AA64)(Docket No. the family of Robert Levinson, and calling anteed student loans for an additional year, FAA–2009–0998)) received in the Office of the on Iran to share the results of its investiga- and for other purposes; to the Committee on President of the Senate on November 13, tion into the disappearance of Robert Health, Education, Labor, and Pensions. 2009; to the Committee on Commerce, Levinson with the Federal Bureau of Inves- By Mr. GREGG: Science, and Transportation. tigation. S. 2797. A bill to amend the Uniformed and EC–3718. A communication from the Pro- S. Res. 341. A resolution supporting peace, Overseas Citizens Absentee Voting Act to gram Analyst, Federal Aviation Administra- security, and innocent civilians affected by provide an exemption from certain require- tion, Department of Transportation, trans- conflict in Yemen. ments for States that provide sufficient time mitting, pursuant to law, the report of a rule S. Res. 345. A resolution deploring the rape to vote; to the Committee on Rules and Ad- entitled ‘‘Airworthiness Directives; and assault of women in Guinea and the kill- ministration. EMBRAER Model EMB–120, –120ER, –120FC, ing of political protesters. By Mr. UDALL of Colorado (for himself –120QC, and –120RT Airplanes’’ ((RIN2120– f and Mr. RISCH): AA64)(Docket No. FAA–2009–1001)) received S. 2798. A bill to reduce the risk of cata- in the Office of the President of the Senate EXECUTIVE REPORTS OF strophic wildfire through the facilitation of on November 13, 2009; to the Committee on COMMITTEES insect and disease infestation treatment of Commerce, Science, and Transportation. EC–3719. A communication from the Pro- The following executive reports of National Forest System and adjacent land, gram Analyst, Federal Aviation Administra- nominations were submitted: and for other purposes; to the Committee on Energy and Natural Resources. tion, Department of Transportation, trans- By Mr. HARKIN for the Committee on mitting, pursuant to law, the report of a rule Health, Education, Labor, and Pensions. f entitled ‘‘Airworthiness Directives; Bom- * David Morris Michaels, of Maryland, to be SUBMISSION OF CONCURRENT AND bardier Model CL–600–2C10 (Regional Jet Se- an Assistant Secretary of Labor. ries 700, 701 & 702), CL–600–2D15 (Regional Jet * Pamela S. Hyde, of New Mexico, to be Ad- SENATE RESOLUTIONS Series 705), and CL–600–2D24 (Regional Jet ministrator of the Substance Abuse and The following concurrent resolutions Series 900) Airplanes’’ ((RIN2120– Mental Health Services Administration, De- and Senate resolutions were read, and AA64)(Docket No. FAA–2009–0399)) received partment of Health and Human Services. referred (or acted upon), as indicated: in the Office of the President of the Senate * Nomination was reported with rec- By Mr. REID (for himself, Mr. MCCON- on November 13, 2009; to the Committee on ommendation that it be confirmed sub- Commerce, Science, and Transportation. NELL, Mr. ROCKEFELLER, Mr. AKAKA, EC–3720. A communication from the Pro- ject to the nominee’s commitment to Mr. ALEXANDER, Mr. BARRASSO, Mr. gram Analyst, Federal Aviation Administra- respond to requests to appear and tes- BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. tion, Department of Transportation, trans- tify before any duly constituted com- BENNET, Mr. BENNETT, Mr. BINGAMAN, mitting, pursuant to law, the report of a rule mittee of the Senate. Mr. BOND, Mrs. BOXER, Mr. BROWN, Mr. BROWNBACK, Mr. BUNNING, Mr. entitled ‘‘Airworthiness Directives; Bell Hel- f icopter Textron Canada Model 407 and 427 BURR, Mr. BURRIS, Ms. CANTWELL, Helicopters’’ ((RIN2120–AA64)(Docket No. INTRODUCTION OF BILLS AND Mr. CARDIN, Mr. CARPER, Mr. CASEY, FAA–2009–1003)) received in the Office of the JOINT RESOLUTIONS Mr. CHAMBLISS, Mr. COBURN, Mr. COCHRAN, Ms. COLLINS, Mr. CONRAD, President of the Senate on November 13, The following bills and joint resolu- 2009; to the Committee on Commerce, Mr. CORKER, Mr. CORNYN, Mr. CRAPO, Science, and Transportation. tions were introduced, read the first Mr. DEMINT, Mr. DODD, Mr. DORGAN, EC–3721. A communication from the Pro- and second times by unanimous con- Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, gram Analyst, Federal Aviation Administra- sent, and referred as indicated: Mr. FEINGOLD, Mrs. FEINSTEIN, Mr.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11493 FRANKEN, Mrs. GILLIBRAND, Mr. compelled disclosure of information by S. 994 GRAHAM, Mr. GRASSLEY, Mr. GREGG, certain persons connected with the At the request of Ms. KLOBUCHAR, the Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, news media. name of the Senator from Oregon (Mr. Mrs. HUTCHISON, Mr. INHOFE, Mr. S. 510 WYDEN) was added as a cosponsor of S. INOUYE, Mr. ISAKSON, Mr. JOHANNS, 994, a bill to amend the Public Health Mr. JOHNSON, Mr. KAUFMAN, Mr. At the request of Mr. BINGAMAN, his KERRY, Mr. KIRK, Ms. KLOBUCHAR, name was added as a cosponsor of S. Service Act to increase awareness of Mr. KOHL, Mr. KYL, Ms. LANDRIEU, 510, a bill to amend the Federal Food, the risks of breast cancer in young Mr. LAUTENBERG, Mr. LEAHY, Mr. Drug, and Cosmetic Act with respect to women and provide support for young LEMIEUX, Mr. LEVIN, Mr. LIEBERMAN, the safety of the food supply. women diagnosed with breast cancer. INCOLN UGAR Mrs. L , Mr. L , Mr. S. 583 S. 1055 MCCAIN, Mrs. MCCASKILL, Mr. At the request of Mr. PRYOR, the At the request of Mrs. BOXER, the MENENDEZ, Mr. MERKLEY, Ms. MIKUL- name of the Senator from Illinois (Mr. SKI, Ms. MURKOWSKI, Mrs. MURRAY, name of the Senator from Pennsyl- Mr. NELSON of Nebraska, Mr. NELSON vania (Mr. CASEY) was added as a co- DURBIN) was added as a cosponsor of S. of Florida, Mr. PRYOR, Mr. REED, Mr. sponsor of S. 583, a bill to provide 1055, a bill to grant the congressional RISCH, Mr. ROBERTS, Mr. SANDERS, grants and loan guarantees for the de- gold medal, collectively, to the 100th Mr. SCHUMER, Mr. SESSIONS, Mrs. velopment and construction of science Infantry Battalion and the 442nd Regi- SHAHEEN, Mr. SHELBY, Ms. SNOWE, parks to promote the clustering of in- mental Combat Team, United States Mr. SPECTER, Ms. STABENOW, Mr. novation through high technology ac- Army, in recognition of their dedicated TESTER, Mr. THUNE, Mr. UDALL of tivities. service during World War II. Colorado, Mr. UDALL of New Mexico, S. 1067 Mr. VITTER, Mr. VOINOVICH, Mr. WAR- S. 599 NER, Mr. WEBB, Mr. WHITEHOUSE, Mr. At the request of Mr. CARPER, the At the request of Mr. FEINGOLD, the WICKER, and Mr. WYDEN): name of the Senator from New Jersey names of the Senator from Illinois (Mr. S. Res. 354. A resolution commending Rob- (Mr. MENENDEZ) was added as a cospon- DURBIN), the Senator from Washington ert C. Byrd, Senator from West Virginia; sor of S. 599, a bill to amend chapter 81 (Mrs. MURRAY) and the Senator from considered and agreed to. of title 5, United States Code, to create Nevada (Mr. REID) were added as co- f a presumption that a disability or sponsors of S. 1067, a bill to support ADDITIONAL COSPONSORS death of a Federal employee in fire pro- stabilization and lasting peace in tection activities caused by any cer- northern Uganda and areas affected by S. 46 tain diseases is the result of the per- the Lord’s Resistance Army through At the request of Mr. ENSIGN, the formance of such employee’s duty. development of a regional strategy to names of the Senator from New Mexico S. 727 support multilateral efforts to success- (Mr. BINGAMAN) and the Senator from At the request of Ms. LANDRIEU, the fully protect civilians and eliminate Minnesota (Ms. KLOBUCHAR) were added name of the Senator from Rhode Island the threat posed by the Lord’s Resist- as cosponsors of S. 46, a bill to amend (Mr. WHITEHOUSE) was added as a co- ance Army and to authorize funds for title XVIII of the Social Security Act sponsor of S. 727, a bill to amend title humanitarian relief and reconstruc- to repeal the Medicare outpatient reha- 18, United States Code, to prohibit cer- tion, reconciliation, and transitional bilitation therapy caps. tain conduct relating to the use of justice, and for other purposes. S. 148 horses for human consumption. S. 1233 OHL At the request of Mr. K , the name S. 812 At the request of Ms. LANDRIEU, the of the Senator from Illinois (Mr. DUR- At the request of Mr. UDALL of Colo- name of the Senator from New Mexico BIN) was added as a cosponsor of S. 148, rado, his name was added as a cospon- (Mr. BINGAMAN) was added as a cospon- a bill to restore the rule that agree- sor of S. 812, a bill to amend the Inter- sor of S. 1233, a bill to reauthorize and ments between manufacturers and re- nal Revenue Code of 1986 to make per- improve the SBIR and STTR programs tailers, distributors, or wholesalers to manent the special rule for contribu- and for other purposes. set the minimum price below which the tions of qualified conservation con- S. 1313 manufacturer’s product or service can- tributions. At the request of Mr. LUGAR, the not be sold violates the Sherman Act. S. 825 name of the Senator from Mississippi S. 332 At the request of Mrs. LINCOLN, the (Mr. COCHRAN) was added as a cospon- At the request of Mrs. FEINSTEIN, the name of the Senator from Massachu- sor of S. 1313, a bill to amend the Inter- name of the Senator from Massachu- setts (Mr. KERRY) was added as a co- nal Revenue Code of 1986 to perma- setts (Mr. KIRK) was added as a cospon- sponsor of S. 825, a bill to amend the nently extend and expand the chari- sor of S. 332, a bill to establish a com- Internal Revenue Code of 1986 to re- table deduction for contributions of prehensive interagency response to restore, increase, and make permanent food inventory. duce lung cancer mortality in a timely the exclusion from gross income for S. 1325 manner. amounts received under qualified group At the request of Mr. SPECTER, the S. 424 legal services plans. name of the Senator from Indiana (Mr. At the request of Mr. LEAHY, the S. 850 BAYH) was added as a cosponsor of S. name of the Senator from Pennsyl- At the request of Mr. KERRY, the 1325, a bill to amend the Internal Rev- vania (Mr. SPECTER) was added as a co- names of the Senator from Louisiana enue Code of 1986 to permanently ex- sponsor of S. 424, a bill to amend the (Mr. VITTER) and the Senator from tend and modify the section 45 credit Immigration and Nationality Act to Maine (Ms. SNOWE) were added as co- for refined coal from steel industry eliminate discrimination in the immi- sponsors of S. 850, a bill to amend the fuel, and for other purposes. gration laws by permitting permanent High Seas Driftnet Fishing Morato- S. 1492 partners of United States citizens and rium Protection Act and the Magnu- At the request of Ms. MIKULSKI, the lawful permanent residents to obtain son-Stevens Fishery Conservation and name of the Senator from Missouri lawful permanent resident status in Management Act to improve the con- (Mrs. MCCASKILL) was added as a co- the same manner as spouses of citizens servation of sharks. sponsor of S. 1492, a bill to amend the and lawful permanent residents and to S. 857 Public Health Service Act to fund penalize immigration fraud in connec- At the request of Mr. SCHUMER, the breakthroughs in Alzheimer’s disease tion with permanent partnerships. name of the Senator from New Jersey research while providing more help to S. 448 (Mr. MENENDEZ) was added as a cospon- caregivers and increasing public edu- At the request of Mr. SPECTER, the sor of S. 857, a bill to amend the Inter- cation about prevention. name of the Senator from New Mexico nal Revenue Code of 1986 to allow a S. 1524 (Mr. UDALL) was added as a cosponsor $1,000 refundable credit for individuals At the request of Mr. KERRY, the of S. 448, a bill to maintain the free who are bona fide volunteer members name of the Senator from New York flow of information to the public by of volunteer firefighting and emer- (Mr. SCHUMER) was added as a cospon- providing conditions for the federally gency medical service organizations. sor of S. 1524, a bill to strengthen the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11494 CONGRESSIONAL RECORD — SENATE November 18, 2009 capacity, transparency, and account- sponsors of S. 2747, a bill to amend the with the Forest Service or the Bureau ability of United States foreign assist- Land and Water Conservation Fund of Land Management before the reces- ance programs to effectively adapt and Act of 1965 to provide consistent and sion, when timber prices were still respond to new challenges of the 21st reliable authority for, and for the fund- high. However, because of the decline century, and for other purposes. ing of, the land and water conservation in timber prices, harvesting today S. 1606 fund to maximize the effectiveness of would cost forest companies more than At the request of Mr. WHITEHOUSE, the fund for future generations, and for the wood is worth and could cause ru- the name of the Senator from Pennsyl- other purposes. inous problems for some of these com- vania (Mr. SPECTER) was added as a co- S. 2752 panies. sponsor of S. 1606, a bill to require for- At the request of Mr. VITTER, the The solution is simple common sense: eign manufacturers of products im- name of the Senator from Mississippi allow companies to apply for addi- ported into the United States to estab- (Mr. COCHRAN) was added as a cospon- tional time to harvest wood they have lish registered agents in the United sor of S. 2752, a bill to ensure the sale contracted for in times of unique eco- States who are authorized to accept and consumption of raw oysters and to nomic circumstances. This simple service of process against such manu- direct the Food and Drug Administra- change would allow these companies to facturers, and for other purposes. tion to conduct an education campaign delay the harvest until the price of S. 1681 regarding the risks associated with timber had returned to a point that en- EAHY consuming raw oysters, and for other At the request of Mr. L , the abled the forest companies to earn a purposes. names of the Senator from Massachu- profit on the harvest. This change is setts (Mr. KERRY) and the Senator from S. 2787 not a novel idea. In fact, the Forest Connecticut (Mr. LIEBERMAN) were At the request of Mr. THUNE, the Service has rules in place allowing to added as cosponsors of S. 1681, a bill to names of the Senator from Maine (Ms. do exactly that. Unfortunately, the Bu- ensure that health insurance issuers SNOWE), the Senator from Mississippi reau of Land Management does not and medical malpractice insurance (Mr. WICKER) and the Senator from have similar rules in place. So, based issuers cannot engage in price fixing, Idaho (Mr. RISCH) were added as co- simply on which agency a company has bid rigging, or market allocations to sponsors of S. 2787, a bill to repeal the a contract with—and in Oregon Forest the detriment of competition and con- authority of the Secretary of the Service and BLM lands can be side-by- sumers. Treasury to extend the Troubled Asset side—these companies may be forced to S. 1709 Relief Program. harvest timber at a loss or walk away At the request of Ms. STABENOW, the f from a contract they have won after a name of the Senator from South Caro- STATEMENTS ON INTRODUCED fair bidding process. lina (Mr. GRAHAM) was added as a co- BILLS AND JOINT RESOLUTIONS sponsor of S. 1709, a bill to amend the The Forest Harvest Opportunity Act National Agricultural Research, Exten- By Mr. MERKLEY (for himself, provides a simple solution and allows sion, and Teaching Policy Act of 1977 Mr. BAUCUS, Mr. WYDEN, and these companies—and only companies to establish a grant program to pro- Mr. TESTER): who have contracts right now during S. 2791. A bill to authorize the Sec- mote efforts to develop, implement, the current recession—to petition for retary of the Interior to grant econ- and sustain veterinary services, and for and receive an extension so they can omy-related contract extensions of cer- other purposes. harvest when timber prices return to a tain timber contracts between the Sec- normal rate. This bill is a simple solu- S. 1789 retary of the Interior and timber pur- At the request of Mr. DURBIN, the tion to address an important problem. chasers, and for other purposes; to the name of the Senator from Iowa (Mr. Enacting this legislation would provide Committee on Energy and Natural Re- HARKIN) was added as a cosponsor of S. significant economic help for commu- sources. 1789, a bill to restore fairness to Fed- nities that are already among the hard- Mr. MERKLEY. Mr. President, today est-hit by this economic downturn. I eral cocaine sentencing. I am pleased to be joined by my col- S. 1963 look forward to working with my colleagues Senators RON WYDEN, MAX leagues for its passage. At the request of Mr. AKAKA, the BAUCUS, and JON TESTER, as I introduce names of the Senator from North Da- the Forest Harvest Opportunity Act. Mr. President, I ask unanimous con- kota (Mr. DORGAN), the Senator from This legislation will provide a very sent that the text of the bill be printed Connecticut (Mr. DODD) and the Sen- simple, yet critical, solution to a sig- in the RECORD. ator from Oklahoma (Mr. INHOFE) were nificant problem currently facing tim- There being no objection, the text of added as cosponsors of S. 1963, a bill to ber communities across the country. the bill was ordered to be printed in amend title 38, United States Code, to As we all know, rural communities the RECORD, as follows: provide assistance to caregivers of vet- across the country have been hit par- S. 2791 erans, to improve the provision of ticularly hard by our current economic health care to veterans, and for other recession. The unemployment rate for Be it enacted by the Senate and House of Rep- purposes. rural counties is far greater than the resentatives of the United States of America in S. 2607 national average; it surpasses 20 per- Congress assembled, At the request of Mr. REID, the name cent in many of the rural communities SECTION 1. SHORT TITLE. of the Senator from Idaho (Mr. CRAPO) in my own home state. As my col- This Act may be cited as the ‘‘Forest Har- was added as a cosponsor of S. 2607, a leagues have heard me mention on nu- vest Opportunity Act’’. bill to amend the Department of the merous occasions, many of our rural SEC. 2. DEFINITIONS. Interior, Environment, and Related communities have been doubly hurt by Agencies Appropriations Act, 2010 to the current economic recession because In this Act: repeal a provision of that Act relating they depend on harvests from feder- (1) ECONOMY-RELATED CONTRACT EXTEN- to geothermal energy receipts. SION.—The term ‘‘economy-related contract ally-owned forest land as a major com- extension’’ means the addition of 3 years to S. 2730 ponent of their economies. These com- the expiration date of a qualifying contract At the request of Mr. BROWN, the munities have already been struggling for the right to cut and remove timber. name of the Senator from Pennsyl- because timber harvests on our Federal (2) QUALIFYING CONTRACT.—The term vania (Mr. SPECTER) was added as a co- land have been declining, but they are ‘‘qualifying contract’’ means a contract, exe- sponsor of S. 2730, a bill to extend and facing even worse situations today be- cuted on or before December 31, 2008, for the enhance the COBRA subsidy program cause the collapse of the housing mar- sale of timber from land administered by the under the American Recovery and Re- ket has caused a precipitous drop in Bureau of Land Management— investment Act of 2009. timber prices. (A) for which there is unharvested volume remaining; S. 2747 For some of our forestry companies, (B) for which, not later than 90 days after At the request of Mr. BINGAMAN, the this creates an even worse situation: the date of enactment of this Act, the timber names of the Senator from New Mexico the contracts they have to harvest tim- purchaser makes a written request to the (Mr. UDALL) and the Senator from New ber on Federal land are now worthless. Secretary for an economy-related contract York (Mr. SCHUMER) were added as co- Many of these contracts were signed extension; and

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11495 (C) that has not been terminated prior to precious resources. Also, many State grant recipient under section 2003 or 2004 for the request for an economy-related contract and local governments may be unable equipment purchase and maintenance costs, extension under section 3(a). to purchase essential equipment be- the Administrator may not— (3) SECRETARY.—The term ‘‘Secretary’’ cause they would be unable to cover ‘‘(i) impose a limit on the amount of any means the Secretary of the Interior, acting the maintenance costs in future years. such award that may be used to pay for such through the Director of the Bureau of Land purchase and maintenance costs, including Management. A plan to implement a statewide any costs referred to in subsection (a)(4); or (4) TIMBER PURCHASER.—The term ‘‘timber communications system for first re- ‘‘(ii) impose any additional limitation, in- purchaser’’ means the party to the quali- sponders in my home state of Vermont cluding any fiscal year limitation, beyond fying contract for the sale of timber from is severely hampered by this policy any limitation under this section, on the land administered by the Bureau of Land change. State and local officials have amount of any such award that may be used Management. been developing this system, known as for a specific type, purpose, or category of SEC. 3. ECONOMY-RELATED CONTRACT EXTEN- the Lifeline System, for years and have equipment purchase or maintenance cost.’’. SIONS. planned for implementation by com- (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on (a) REQUEST.—Not later than 30 days after bining portions of 4 years of SHSGP a timber purchaser requests an economy-re- the date of the enactment of this section and lated contract extension of a qualifying con- grants with additional law enforcement shall apply to grants made under section 2003 tract between the Secretary and the timber funding. Upon completion of this im- or 2004 of the Homeland Security Act of 2002 purchaser, the Secretary shall modify the portant system for statewide coordina- (6 U.S.C. 604 and 605), in accordance with the qualifying contract to add 3 years to the con- tion, considerable funds will be re- provisions specified in section 2008 of such tract expiration date. quired to ensure that the system re- Act (6 U.S.C. 609), as amended by subsection (b) WAIVER OF CLAIMS AS OF EXTENSION.— mains effective. If Vermont is unable (a) of this section, on or after October 1, 2008. The timber purchaser shall waive any and all to use preparedness grants for future By Mr. ENZI (for himself, Mr. claims the timber purchaser has against the maintenance, the Lifeline System may NELSON, of Nebraska, Mr. ALEX- United States involving the qualifying con- become inoperable, severely dimin- tract that exist on the date that the Sec- ANDER, Mr. BURR, Mr. COBURN, ishing statewide coordination for retary modifies the qualifying contract Mr. GREGG, Mr. HATCH, Mr. homeland security and emergency under subsection (a). ISAKSON, Mr. MCCAIN, Ms. MUR- (c) CLAIMS PRIOR TO DATE OF EXTENSION.— management. I have heard from law en- KOWSKI, and Mr. ROBERTS): Nothing in this Act affects any claim by the forcement officials in Vermont like S. 2796. A bill to extend the authority United States against any timber purchaser, Lieutenant Michael Manning of the of the Secretary of Education to pur- including claims that arose under a quali- Vermont State Police about how fying contract before the date on which the chase guaranteed student loans for an changes in these grant programs will additional year, and for other purposes; Secretary extends the contract expiration affect state emergency law enforce- date under subsection (a). to the Committee on Health, Edu- ment services. cation, Labor, and Pensions. By Mr. LEAHY (for himself and The SURE Act would make changes Mr. ENZI. Mr. President, I rise today Mr. VOINOVICH): to the Homeland Security Act of 2002 to introduce legislation to extend for 1 S. 2793. A bill to amend the Homeland to clarify that the administrator of year the Ensuring Continued Access to Security Act of 2002 to provide for clar- these grants may not place limitations Student Loans Act of 2008, ECASLA. ification on the use of funds relating to on the use of preparedness grants for Without this extension, hundreds of certain homeland security grants, and maintenance costs. This important thousands of students may not have ac- for other purposes; to the Committee clarification means that State and cess to student loans for the 2010–2011 on Homeland Security and Govern- local law enforcement will be able to academic year. mental Affairs. apply funds they receive to sustain the Since 1965, the Federal Family Edu- Mr. LEAHY. Mr. President, today I vital systems and equipment that have cation Loan, FFEL, program has suc- am introducing the Strengthening and been put in place to keep our commu- cessfully helped millions of Americans Updating Resources and Equipment, nities safe. realize the dream of a college edu- SURE, Act, a bill that will enable our Our Nation’s law enforcement offi- cation. Today, it continues to provide country’s first responders to maintain cers deserve our commitment to pro- student loans for nearly 70 percent of important equipment to protect our vide them with the tools they need to America’s college students at over 3,400 communities. I thank Senator carry out their duties. I support and re- schools. However, during the credit cri- spect our State and local police officers VOINOVICH for his support of this im- sis of 2008 many private, non-profit and all of our first responders, and am portant legislation. First responders FFEL lenders encountered difficulty proud to recognize their role in uphold- across the country provide critical pro- raising the necessary capital to make ing the rule of law and keeping our Na- tection from attacks on our Nation, student loans, and others left the tion safe and secure. and we should ensure they have the Mr. President, I ask unanimous con- FFEL program. Congress responded by tools they need to keep our commu- sent that the text of the bill be printed passing the bipartisan, cost-neutral nities safe and prepared. Ensuring Continued Access to Student in the RECORD. On September 22, the Federal Emer- There being no objection, the text of Loans Act of 2008. ECASLA preserved gency Management Agency announced the bill was ordered to be printed in liquidity in the student loan market by a considerable change in their policy the RECORD, as follows: giving the Secretary of Education tem- regarding the use of preparedness S. 2793 porary authority to purchase student grants. The new guidelines state that Be it enacted by the Senate and House of Rep- loans made under the FFEL program. recipients of Urban Area Security Ini- resentatives of the United States of America in It has been a resounding success—it tiative and State Homeland Security Congress assembled, has preserved liquidity in the student Grant Program SHSGP, funds may no SECTION 1. SHORT TITLE. loan market, it has been cost neutral, longer use the funds for maintenance of This Act may be cited as the ‘‘Strength- in fact it has generated revenue and, equipment beyond the period of per- ening and Updating Resources and Equip- most importantly, it has maintained formance for the grant. This shifts the ment Act’’ or the ‘‘SURE Act’’. student access to FFEL loans. burden of maintenance costs for impor- SEC. 2. CLARIFICATION ON USE OF FUNDS RE- However, while it was meant to be LATING TO CERTAIN HOMELAND SE- tant homeland security equipment to CURITY GRANTS. temporary, serious problems persist in States and communities, many of (a) IN GENERAL.—Section 2008 of the Home- the financial markets and many pri- which are already struggling in the land Security Act of 2002 (6 U.S.C. 609) is vate, non-profit FFEL lenders are current economic downturn. amended— again considering leaving the FFEL Much of the equipment purchased (1) in subsection (a)(4), by inserting before program when ECASLA expires on July with these grants is complex and costly the semicolon at the end the following: ‘‘, 1, 2010. The potential consequences to maintain, and disallowing the use of and any related maintenance agreements, could be catastrophic for America’s user fees, or sustainment costs’’; and grants to cover expensive maintenance (2) in subsection (b)(3), by adding at the college students, many of whom will be costs means that many communities end the following: unable to secure student loans for 2010– will have to forego the use of systems ‘‘(C) EQUIPMENT MAINTENANCE.—With re- 2011 academic year without a func- in which they have already invested spect to the use of amounts awarded to a tioning FFEL program.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11496 CONGRESSIONAL RECORD — SENATE November 18, 2009 Given this predicament, the solution (B) in paragraph (2), by striking ‘‘February committee, which I chair, in August in is simple—extend ECASLA for an addi- 15, 2011’’ and inserting ‘‘February 15, 2012’’; Estes Park, CO. Senator MCCAIN and I tional year. Unfortunately, instead of and saw firsthand the march of the bark working with Congress to pass a clean, (C) in paragraph (3), by striking ‘‘2010, and beetle as it is making its way through 2011’’ and inserting ‘‘2010, 2011, and 2012’’. bipartisan, one-year extension of Rocky Mountain National Park. We SEC. 2. EXTENSION OF AUTHORITY TO DES- ECASLA, the Department of Education IGNATE LENDERS FOR LENDER-OF- were both struck by the extent of dead is pursuing yet another government LAST-RESORT PROGRAM. trees colored rust red by this insect. takeover and placing undue pressure on Section 428(j) of the Higher Education Act Bark beetles and other insects that FFEL-participating schools to switch of 1965 (20 U.S.C. 1078(j)) is amended— feed on trees are a natural part of the to the government-run Direct Loan, (1) in paragraph (6), by striking ‘‘June 30, forest ecology. When present at normal DL, program. Some schools will make 2010’’ and inserting ‘‘June 30, 2011’’; levels, they provide benefits to the for- (2) in paragraph (7), by striking ‘‘June 30, this choice, but most do not want to 2010’’ and inserting ‘‘June 30, 2011’’; and est ecology by thinning dense tree because the FFEL program provides a (3) in paragraph (9)(A)— stands, creating openings for wildlife, product and services that meet indi- (A) in the matter preceding subclause (I) of and promoting cyclical regrowth. vidual student needs rather than the clause (ii), by striking ‘‘June 30, 2011’’ and Today, various parts of the U.S.—but one-size-fits-all approach of the gov- inserting ‘‘June 30, 2012’’; especially western States—continue to ernment-run DL program. (B) in subclause (III) of clause (ii), by experience unnaturally large-scale in- Moreover, schools begin making fi- striking ‘‘June 30, 2010’’ and inserting ‘‘June festations of bark beetles and other in- nancial aid determinations in Janu- 30, 2011’’; and sects that have resulted from past poli- (C) in the matter preceding subclause (I) of cies and warming climate conditions. ary—just seven weeks from now. Given clause (iii), by striking ‘‘July 1, 2011’’ and in- that it can take 4 months to make the serting ‘‘July 1, 2012’’. Recent periods of drought have weak- switch to the government-run DL pro- ened the trees on Forest Service land gram, most schools do not have the By Mr. UDALL of Colorado (for and caused the trees to be more suscep- time, staff, resources or capacity to himself and Mr. RISCH): tible to fire and insects. In addition, make the switch while at the same S. 2798. A bill to reduce the risk of population growth on land adjacent to time attending to the financial aid catastrophic wildfire through the fa- Forest Service land has exacerbated needs of current and enrolling stu- cilitation of insect and disease infesta- the threats posed by insect-killed trees dents. Furthermore, making the switch tion treatment of National Forest Sys- by placing large numbers of citizens, is not simply a matter of ‘‘flipping a tem and adjacent land, and for other homes, and businesses at greater risk switch,’’ as the Department of Edu- purposes; to the Committee on Energy of catastrophic wildland fire. cation asserts. Among other things, and Natural Resources. And because hundreds of miles of schools must install new computer Mr. UDALL of Colorado. Mr. Presi- power transmission lines and dozens of software, hire and train financial aid dent, today I am introducing, along communication sites are surrounded by personnel, and receive substantial with my colleague Senator RISCH, the dead trees that will fall due to rotted technical assistance from the Depart- National Forest Insect and Disease root systems, the probability that ment of Education. While the Depart- Emergency Act of 2009. trees will fall on power transmission ment has been able to successfully as- This bipartisan bill will provide addi- lines, thereby resulting in wildfires and sist the several hundred schools that tional tools and resources to the U.S. power transmission disruptions for have made the switch over the past Forest Service to help address a serious long periods of time, has substantially year, thousands will need assistance natural disaster in many western for- increased. over the next 7 months. The Depart- ests—the deaths of millions of acres of Falling dead trees are also a hazard ment simply does not have the re- trees due to insect infestations. This is along hundreds of miles of roads and sources to devote the necessary time an issue of long-standing concern in trails, threatening the safety of motor- and attention to all of these schools, the West and of the utmost impor- ists and recreationists and disrupting which will frantically be trying to tance. Since my very first days in Con- access to, and through, Forest Service switch before ECASLA expires on July gress nearly 11 years ago, I have been land. Hundreds of developed recreation 1, 2010. fighting for Colorado’s forest health. sites, including campgrounds, picnic At this point, the only responsible This day has been a long time in com- areas, and trailheads, contain dead course of action for Congress is to pass ing for me, but it is by no means the trees that threaten recreationists. If a clean, one-year extension of end of the fight. We still have a long these dead trees are not removed, these ECASLA. This will ensure that stu- way to go in combating this problem, developed recreation sites will need to dents have access to student loans, and and it is a fight I intend to see to the be closed to preserve public safety. We will give Congress the time needed to end. are in fact experiencing these closures have a serious and well thought discus- The bill that Senator RISCH and I are in Colorado. sion about the future of the Federal introducing today addresses any and Moreover, parcels of Forest Service student loan program. all insect and disease outbreaks in our land in many locations contain head- Mr. President, I ask unanimous con- national forests. But this bill is in di- waters of water supplies for many com- sent that the text of the bill be printed rect response to an especially pro- munities. Severe wildfires that remove in the RECORD. nounced epidemic of bark beetles in vegetative cover pose a threat to the There being no objection, the text of western States. This epidemic is cre- quantity and quality of water by expos- the bill was ordered to be printed in ating serious concerns in our commu- ing soil to erosion, thereby causing a the RECORD, as follows: nities regarding our forested regions, transfer of sediment to rivers, res- S. 2796 the recreational economy of these ervoirs, and water conveyance systems. areas, and water supplies and infra- In other words, the fire threats posed Be it enacted by the Senate and House of Rep- resentatives of the United States of America in structure that exist on these lands. by these dead trees can have serious Congress assembled, In essence, this bill is about securing implications to providing water not SECTION 1. EXTENSION OF STUDENT LOAN PUR- our communities from a natural only to local communities, but also to CHASE AUTHORITY. threat—a threat that is as potentially major cities downstream that rely Section 459A of the Higher Education Act devastating and disruptive as a hurri- upon rivers and streams flowing from of 1965 (20 U.S.C. 1087i–1) is amended— cane or an earthquake. This threat is a forested mountain regions. (1) in subsections (a)(1), (a)(3)(A), and (f), function of both human actions and All of these concerns demand that we by striking ‘‘July 1, 2010’’ and inserting natural processes—especially global take action to help address these ‘‘July 1, 2011’’; and climate change. threats. That is what this bipartisan (2) in subsection (e)— I recently had the chance to show (A) in the matter preceding clause (i) of bill does. paragraph (1)(A) and the matter preceding one of our colleagues the devastating It does so by establishing ‘‘insect subparagraph (A) of paragraph (2), by strik- impact of the bark beetle epidemic. emergency areas’’—that is, areas de- ing ‘‘September 30, 2010’’ and inserting ‘‘Sep- Senator JOHN MCCAIN joined me at a fined by the Forest Service as experi- tember 30, 2011’’; hearing of the National Parks Sub- encing significant tree mortality that

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11497 results in increased wildfire threats be applied to urgently needed, on-the- (K) Washington; and and risks to people and infrastructure ground treatment work. (L) Wyoming. from falling dead trees. These areas I have been working with Colorado (2) INSECT AND DISEASE EMERGENCY AREA.— would be in the States from the Rocky communities, the Forest Service and The term ‘‘insect and disease emergency area’’ means an area of National Forest Sys- Mountains to the Pacific coast, States stakeholders since 2000 on forest health tem land— that are experiencing large-scale insect issues and responding to this bark bee- (A) that is located in an affected State outbreaks. tle threat. I have supported providing that is not— Within these areas, the Forest Serv- additional tools and resources to the (i) designated as wilderness; or ice would be directed to provide pri- Forest Service to respond to this (ii) an area recommended for wilderness in ority treatment to reduce these threat, such as the Healthy Forest Res- a forest land and resource management plan; threats. The Forest Service would also toration Act, and focusing increased (B) in which an insect and disease infesta- be allowed to apply funds from the Ag- funds in the high hazard wildland/ tion emergency exists, as determined by the ricultural Credit Act program, which Secretary; and urban interface near communities. (C) that is designated by— compensates individuals for removing This bill is an effort to continue pro- (i) section 4(a); or biomass for productive uses, towards viding such tools and resources so that (ii) the Secretary under section 4(c). the removal of beetle-killed trees. we can reduce the impacts to people (3) INSECT AND DISEASE INFESTATION EMER- The bill also provides incentives to and property, reduce loss of life fight- GENCY.—The term ‘‘insect and disease infes- convert this removed vegetation into ing catastrophic wildfires, and promote tation emergency’’ means an insect or dis- biofuels. a more healthy forest ecosystem. I am ease infestation that has resulted in— It allows the Forest Service to apply relieved that we in Colorado did not ex- (A) a current or future increased risk of catastrophic wildland fire; or the streamlined National Environ- perience a serious wildfire season this mental Policy Act provisions to expe- (B) an increased threat posed by hazard year like we have experienced in years trees to— dite environmental analysis of the past—and like we will probably face in (i) utility corridors; treatment work that is urgently need- the years ahead. But we must be ready (ii) communication sites; ed in these high-priority emergency to respond to these fires that will in- (iii) roads; areas. evitably come. This bill takes a step in (iv) recreation sites; In addition to this focus on emer- that direction. It will not solve all (v) water structures (such as reservoirs and gency areas the bill authorizes an im- issues related to forest health or stop water conveyance systems); or (vi) other infrastructure. portant tool to help communities re- all fires. Fire is a necessary part of our (4) MAP.—The term ‘‘map’’ means the map spond to wildfire threats on nearby forests. But the bill will help us reduce Forest Service land. The States of Col- entitled ‘‘Insect Emergency Areas’’. threats and promote healthy eco- (5) NATIONAL FOREST SYSTEM.—The term orado and Utah have had the benefit of systems and economies. ‘‘National Forest System’’ has the meaning this tool since it was provided by Con- I look forward to working with my given the term in section 11(a) of the Forest gress in 2000. This tool, called the colleagues from both sides of the aisle and Rangeland Renewable Resources Plan- ‘‘Good Neighbor Authority,’’ allows the in seeing this bill passed. ning Act of 1974 (16 U.S.C. 1609(a)). Forest Service to contract with state Mr. President, I ask unanimous con- (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. foresters to enter Forest Service lands sent that the text of the bill and a bill and implement treatments to reduce SEC. 4. DESIGNATION OF INSECT AND DISEASE summary be printed in the RECORD. EMERGENCY AREAS. threats next to homes and private There being no objection, the mate- property whose owners have, in many (a) DESIGNATION.—Each area depicted on rial was ordered to be printed in the the map is designated as an insect and dis- cases, removed dead trees and per- RECORD, as follows: ease emergency area under this Act. formed treatments on their own prop- S. 2798 (b) MAP.— erty adjacent to Forest Service land. Be it enacted by the Senate and House of Rep- (1) DUTY OF SECRETARY.—As soon as prac- This program has been very successful, resentatives of the United States of America in ticable after the date of enactment of this and the bill we are introducing today Congress assembled, Act, the Secretary shall file the map for insect and disease emergency areas designated will allow all states to benefit from SECTION 1. SHORT TITLE. by subsection (a) with— this authority and make it permanent This Act may be cited as the ‘‘National (A) the Committee on Energy and Natural law. Forest Insect and Disease Emergency Act of Resources of the Senate; The bill also helps the Forest Service 2009’’. (B) the Committee on Agriculture, Nutri- more effectively implement ‘‘steward- SEC. 2. PURPOSES. tion, and Forestry of the Senate; ship contracting’’ as a tool for fuels The purposes of this Act are— (C) the Committee on Natural Resources of treatment work. This contracting, (1) to ensure that adequate emphasis is the House of Representatives; and which is distinct from traditional tim- placed on the mitigation of hazards posed by (D) the Committee on Agriculture of the ber sale contracts, allows the Forest large-scale infestations of bark beetles and House of Representatives. Service to fashion agreements to per- other insects through the establishment of (2) FORCE OF LAW.—The map filed under insect and disease emergency areas; paragraph (1) shall have the same force and form treatment for trees—like insect- (2) to ensure that increased resources are killed trees—that may not have high effect as if included in this subsection, ex- available within each designated insect and cept that the Secretary may correct typo- commercial value. This program has disease emergency area to mitigate hazards graphical errors in the map and the legal de- also been extremely successful in help- associated with— scriptions. ing to reduce fire threats in areas that (A) falling trees; (3) PUBLIC AVAILABILITY.—The map filed do not possess high commercially val- (B) increased fire hazards; and under paragraph (1) shall be on file and avail- ued timber. (C) the restoration of National Forest Sys- able for public inspection in the appropriate However, the Forest Service has not tem land; and offices of the Forest Service. had the funding it needs to use this (3) to make permanent, as of the date of (c) DESIGNATION BY SECRETARY.— enactment of this Act, existing good neigh- (1) IN GENERAL.—The Secretary may des- tool more extensively. As a result, the bor and stewardship contracting authorities. bill would make this ‘‘stewardship con- ignate additional insect and disease emer- SEC. 3. DEFINITIONS. gency areas in accordance with each require- tracting’’ program permanent, and it In this Act: ment described in this subsection. would eliminate the requirement that (1) AFFECTED STATE.—The term ‘‘affected (2) INITIATION.—The designation of an in- the Forest Service set aside funds in State’’ includes each of the States of— sect and disease emergency area may be the very unlikely event that it would (A) Arizona; made by the Secretary— have to cancel these contracts and pay (B) California; (A) on the initiative of the Secretary; or back the contractors. The bill would (C) Colorado; (B) in response to a request by any Gov- authorize the Forest Service to use (D) Idaho; ernor of an affected State. other funds to cancel these contracts (E) Montana; (3) DEADLINE.—If the Governor of a State (F) Nevada; described in paragraph (2)(B) requests the as well as seek appropriations to pay (G) New Mexico; Secretary to designate as an insect and dis- for any contract cancellations. In so (H) Oregon; ease emergency area an area located in the doing, the bill will help make this tool (I) South Dakota; State, the Secretary shall accept or deny the more available and allow more funds to (J) Utah; request by a date that is not later than 90

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11498 CONGRESSIONAL RECORD — SENATE November 18, 2009

days after the date on which the Secretary (2) JUDICIAL REVIEW.—Section 106 of the of the Federal Property and Administrative receives the request. Healthy Forests Restoration Act of 2003 (16 Services Act of 1949 (41 U.S.C. 254c), the Sec- (4) LIMITATION ON DELEGATION.—With re- U.S.C. 6516) shall apply to each project de- retary may not obligate funds to cover the spect to National Forest System land, the scribed in paragraph (1). cost of canceling a Forest Service multiyear Secretary, acting through the Chief of the SEC. 6. GOOD NEIGHBOR AUTHORITY. stewardship contract under section 347 of the Forest Service, may delegate the authority (a) STATE FOREST SERVICES.— Department of the Interior and Related to make a designation under this subsection (1) AUTHORITY OF SECRETARY.—Notwith- Agencies Appropriations Act, 1999 (16 U.S.C. only to a Regional Forester of the National standing chapter 63 of title 31, United States 2104 note; Public Law 105–277) until the date Forest System land. Code, and any provisions of law related to on which the multiyear stewardship contract (5) PROCEDURE.—If the Secretary des- competition, the Secretary may enter into a is cancelled. ignates an additional insect and disease contract (including a sole source contract) or (2) COSTS OF CANCELLATION OR TERMI- emergency area under paragraph (1), the Sec- agreement (including an agreement for the NATION.—The costs of any cancellation or retary shall— mutual benefit of the Secretary and the termination of a multiyear stewardship con- (A) publish a notice of the designation of State), as appropriate and consistent with tract described in paragraph (1) may be paid the insect and disease emergency area (in- all applicable general and specific operating from any appropriations that are made avail- cluding a map of the insect and disease emer- procedures established by the Forest Service able to the Forest Service. gency area) in the Federal Register; and for such contracts and agreements (including (3) ANTI-DEFICIENCY ACT.—In the case in (B) notify— labor and wage requirements), with a State which the appropriations described in para- (i) each appropriate State; and to permit the State to perform watershed graph (2) are exhausted— (ii) the appropriate committees of Con- restoration and protection services on Na- (A) the exhaustion shall not be considered gress. tional Forest System land located in the to be a violation of section 1341 of title 31, (6) APPLICABILITY.—A designation made by State if the State is carrying out similar and United States Code; and the Secretary under paragraph (1) shall not complementary watershed restoration and (B) the Secretary shall seek a supple- be subject to— protection services on adjacent State or pri- mental appropriation. (A) the National Environmental Policy Act vate land. (b) PERMANENT AUTHORITY.—Section 347(a) of 1969 (42 U.S.C. 4321 et seq.); (2) AUTHORIZED SERVICES.—Watershed res- of the Department of the Interior and Re- (B) section 322 of the Department of the In- toration and protection services described in lated Agencies Appropriations Act, 1999 (16 terior and Related Agencies Appropriations paragraph (1) include— U.S.C. 2104 note; Public Law 105–277) is Act, 1999 (Public Law 105–277; 112 Stat. 2681– (A) the treatment of insect-infested trees; amended by striking ‘‘Until September 30, 289); or (B) the reduction of hazardous fuels; and 2013, the’’ and inserting ‘‘The’’. (C) any other applicable law (including reg- (C) any other activity that is carried out SEC. 8. EFFECT. to restore or improve watersheds or fish and ulations). Nothing in this Act affects or diminishes wildlife habitat across ownership boundaries. SEC. 5. RESPONSE TO EMERGENCY DESIGNA- the rights of any owner of private property. TION. (b) ADMINISTRATIVE PROVISIONS.— (1) NATIONAL FOREST MANAGEMENT ACT OF (a) PRIORITY TREATMENTS.—In carrying out NATIONAL FOREST INSECT AND DISEASE EMER- 1976.—Subsections (d) and (g) of section 14 of the management of an insect and disease GENCY ACT OF 2009 SECTION BY SECTION emergency area, the Secretary shall give pri- the National Forest Management Act of 1976 SUMMARY ority consideration to— (16 U.S.C. 472a) shall not apply to services (1) the removal of hazardous fuels and haz- performed under a contract or other agree- SEC. 1 SHORT TITLE ard trees on, and the restoration of the ment under subsection (a)(1). The National Forest Insect and Disease health of, National Forest System land lo- (2) ASSUMPTION OF LIABILITY.—The State Emergency Act of 2009 cated in the insect and disease emergency shall assume liability, to the extent allowed SEC. 2 PURPOSES by Federal, State, and local law, for the ac- area; and (1) To ensure adequate emphasis is placed (2) the provision of assistance to State and tions or omissions of employees or sub- contractors of the State in preparing or im- on the mitigation of hazards posed by large- local governments, Indian tribes, and private scale infestation of bark beetles and other landowners for the removal of hazardous plementing a contract or agreement under this title. insects through the establishment of insect fuels and hazard trees on, and the restora- and disease emergency area; tion of the health of, each parcel of land lo- (3) SUBCONTRACTS.—A State may sub- contract, to the extent allowed by State and (2) To ensure increased resources are avail- cated in the insect and disease emergency able within each designated insect and dis- area— local law, to prepare or implement a contract or agreement under this title. ease emergency area to mitigate hazards as- (A) that is under the jurisdiction of the sociated with falling trees, increased fire (4) DISPUTE RESOLUTION.—Any dispute State or local government or Indian tribe; or hazards and the restoration of national for- (B) the title of which is held by a private under a contract or agreement under subsection (a)(1) shall be resolved in accordance est system land, and; landowner; and (3) To make permanent, as of the date of (3) the making of payments under section with, as applicable— (A) the dispute clause of the contract or enactment of this Act, existing good neigh- 9011(d)(1)(B) of the Farm Security and Rural bor and stewardship contracting authorities. Investment Act of 2002 (7 U.S.C. 8111(d)(1)(B)) agreement; to each individual or entity that collects or (B) the Contract Disputes Act of 1978 (41 SEC. 3 DEFINITIONS harvests renewable biomass from a parcel of U.S.C. 601 et seq.); or This section describes which states are in- National Forest System land located in an (C) section 1491 of title 28, United States cluded in the provisions of this bill, as well insect and disease emergency area. Code. as what constitutes an emergency area. (b) EMERGENCY FOREST RESTORATION.—In (c) RETENTION OF RESPONSIBILITIES UNDER (1) Affected State: Those States that this implementing the emergency forest restora- NATIONAL ENVIRONMENTAL POLICY ACT OF bill includes. AZ, CA, CO, ID, MT, NV, NM, tion program under section 407 of the Agri- 1969.—With respect to any watershed restora- OR, SD, UT, WA, WY. cultural Credit Act of 1978 (16 U.S.C. 2206), tion and protection service on National For- (2) Insect and Disease Emergency Area: the Secretary may make payments to an est System land that is proposed to be car- Where the action mechanisms of this bill can owner of a parcel of nonindustrial private ried out by a State under subsection (a), any be used. forest land that is located in an insect and decision required to be made under the Na- (3) Insect and Disease Infestation Emer- disease emergency area to carry out emer- tional Environmental Policy Act of 1969 (42 gency: This section gives direction on what gency measures in response to an insect and U.S.C. 4321 et seq.) may not be delegated to constitutes an emergency for action as de- disease infestation emergency under this the State or any officer or employee of the scribed in this bill. State. Act. (4) Map: self descriptive. (d) APPLICABILITY.— (c) BIOMASS.—Any biomass removed from a (5) National Forest System: self descrip- (1) IN GENERAL.—Subject to paragraph (2), parcel of land located in an insect and dis- tive. the authority provided by this section ap- ease emergency area shall be considered to (6) Secretary: of Agriculture be renewable biomass for purposes of the re- plies only to National Forest System land lo- newable fuel standard under section 211(o) of cated in affected States. SEC. 4 DESIGNATION OF INSECT AND DISEASE the Clean Air Act (42 U.S.C. 7545(o)). (2) SECRETARY OF THE INTERIOR.—With re- EMERGENCY AREAS (d) HEALTHY FOREST RESTORATION.— spect to public land that is located in an af- This section describes how the ‘map’ is de- (1) AUTHORITY OF SECRETARY.—The Sec- fected State and administered by the Sec- termined—either by the Secretary or by a re- retary may apply each requirement de- retary of the Interior (acting through the quest to the Secretary from the affected scribed in sections 104 and 105 of the Healthy Bureau of Land Management), the Secretary states’ Governors. It also describes the pub- Forests Restoration Act of 2003 (16 U.S.C. of the Interior may carry out activities lic notification process and outlines how 6514, 6515) to projects that are carried out to under this section on the public land. NEPA and any other applicable laws apply. remove hazardous fuels and hazard trees on, SEC. 7. STEWARDSHIP CONTRACTING. This section essentially says the insect and and to restore the health of, National Forest (a) CANCELLATION COSTS.— disease emergency areas are lines on a map— System land that is located in an insect and (1) IN GENERAL.—Notwithstanding any without effect. The analysis of effects occurs disease emergency area. other provision of law, including section 304B when an action on the ground is proposed.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11499 SEC. 5 RESPONSE TO EMERGENCY DESIGNATION Mr. BOND, Mrs. BOXER, Mr. BROWN, Mr. NOTICE OF HEARING (a) Priority Treatments: This section de- ROWNBACK UNNING URR B , Mr. B , Mr. B , COMMITTEE ON INDIAN AFFAIRS scribes priorities for treatment—not in order Mr. BURRIS, Ms. CANTWELL, Mr. of preference. The intent is for the agency to Mr. DORGAN. Mr. President, I would CARDIN, Mr. CARPER, Mr. CASEY, Mr. like to announce that the Committee treat the identified areas before general for- CHAMBLISS, Mr. COBURN, Mr. COCHRAN, est. on Indian Affairs will meet on Thurs- Ms. COLLINS, Mr. CONRAD, Mr. CORKER, The section also allows for assistance to day, November 19, 2009, at 2:15 p.m. in State and local governments, Indian tribes Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, Room 628 of the Dirksen Senate Office and private landowners for the removal of Mr. DODD, Mr. DORGAN, Mr. DURBIN, Building to conduct a business meeting hazardous trees and restoration of the health Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, on S. 1635, the 7th Generation Promise: of land located in the insect and disease Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. Indian Youth Suicide Prevention Act emergency area. GILLIBRAND, Mr. GRAHAM, Mr. GRASS- (b) Biomass Use: This provision states pri- of 2009, and S. 1790, a bill to amend the LEY, Mr. GREGG, Mrs. HAGAN, Mr. HAR- Indian Health Care Improvement Act ority should be given to those areas that are KIN, Mr. HATCH, Mrs. HUTCHISON, Mr. in the insect and disease emergency areas to revise and extend that act, and for INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. when determining BCAP funded areas. BCAP other purposes, to be followed imme- is to assist with the collection, harvest, stor- JOHANNS, Mr. JOHNSON, Mr. KAUFMAN, diately by an oversight hearing to ex- age, and transportation of biomass material. Mr. KERRY, Mr. KIRK, Ms. KLOBUCHAR, amine drug smuggling and gang activ- ‘The Secretary shall make a payment for the Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. ity in Indian country. delivery of eligible material to a biomass LAUTENBERG, Mr. LEAHY, Mr. LEMIEUX, Those wishing additional information conversion facility to (1) a producer of an eli- Mr. LEVIN, Mr. LIEBERMAN, Mrs. LIN- gible crop that is produced on BCAP con- may contact the Indian Affairs Com- COLN, Mr. LUGAR, Mr. MCCAIN, Mrs. mittee at 202–224–2251. tract acreage; or (2) a person with the right MCCASKILL, Mr. MENENDEZ, Mr. to collect or harvest eligible material’ The MERKLEY, Ms. MIKULSKI, Ms. MUR- f Biomass Crop Assistance Program (BCAP) provides financial assistance to producers or KOWSKI, Mrs. MURRAY, Mr. NELSON of Nebraska, Mr. NELSON of Florida, Mr. AUTHORITY FOR COMMITTEES TO entities that deliver eligible biomass mate- MEET rial to designated biomass conversion facili- PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- ties for use as heat, power, biobased products ERTS, Mr. SANDERS, Mr. SCHUMER, Mr. COMMITTEE ON AGRICULTURE, NUTRITION, AND or biofuels. Initial assistance will be for the SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, FORESTRY collection, harvest, storage and transpor- Ms. SNOWE, Mr. SPECTER, Ms. Mr. REED. Mr. President, I ask unan- tation costs associated with the delivery of STABENOW, Mr. TESTER, Mr. THUNE, Mr. imous consent that the Committee on eligible materials. UDALL of Colorado, Mr. UDALL of New Agriculture, Nutrition, and Forestry be (c) Emergency Forest Restoration: This section provides funding assistance through Mexico, Mr. VITTER, Mr. VOINOVICH, authorized to meet during the session grants for people who remove biomass from Mr. WARNER, Mr. WEBB, Mr. of the Senate on November 18, 2009, at private property. ’The Secretary may make WHITEHOUSE, Mr. WICKER, and Mr. 9:30 a.m. in room 106 of the Russell payments to an owner of nonindustrial pri- WYDEN) submitted the following reso- Senate Office Building. vate forest land who carries out emergency lution; which was considered and The PRESIDING OFFICER. Without measures to restore the land after the land is agreed to: objection, it is so ordered. damaged by a natural disaster.’ This section COMMITTEE ON COMMERCE, SCIENCE, AND adds the emergency areas described by this S. RES. 354 TRANSPORTATION bill under this authority. Whereas, Robert C. Byrd has served for (d) Biomass: This amends the definition of fifty-six years in the United States Congress, Mr. REED. Mr. President, I ask unan- the renewable fuels standard. The RFS spe- making him the longest serving Member of imous consent that the Committee on cifically excludes material from NFS lands— Congress in history, Commerce, Science, and Transpor- this would include those lands in the insect Whereas, Robert C. Byrd has served over tation be authorized to meet during and disease emergency area. fifty years in the United States Senate, and the session of the Senate on November (e) Healthy Forest Restoration: This sec- is the longest serving Senator in history, 18, 2009, at 2:30 p.m. in room 253 of the tion allows the Forest Service to apply the having been elected to nine full terms; Russell Senate Office Building. streamlined NEPA provisions of the Healthy Forest Restoration Act to hazardous fuels Whereas, Robert C. Byrd has had a long The PRESIDING OFFICE. Without removal, hazard tree removal and restora- and distinguished record of public service to objection, it is so ordered. tion of the health of National Forest land in the people of West Virginia and the United COMMITTEE ON ENVIRONMENT AND PUBLIC the insect and disease emergency areas. States, having held more elective offices WORKS than any other individual in the history of SEC. 6 GOOD NEIGHBOR AUTHORITY West Virginia, and being the only West Vir- Mr. REED. Mr. President, I ask unan- This provision makes the Good Neighbor ginian to have served in both Houses of the imous consent that the Committee on authority permanent for all states. West Virginia Legislature and in both Environment and Public Works be au- SEC. 7 STEWARDSHIP CONTRACTING Houses of the United States Congress; thorized to meet during the session of This provision makes Stewardship con- Whereas, Robert C. Byrd has served in the the Senate on November 18, 2009, at 9:30 tracting permanent. It also changes the cur- Senate leadership as President pro tempore, a.m. in room 406 of the Dirksen Senate rent requirement of the Federal Acquisition Majority Leader, Majority Whip, Minority Office Building. Regulation to fund costs of cancelling a con- Leader, and Secretary of the Majority Con- The RESIDING OFFICER. Without tract at the time of award for a multi-year ference; objection, it is so ordered. stewardship contract to a requirement for Whereas, Robert C. Byrd has served on a COMMITTEE ON FOREIGN RELATIONS payment of contract cancellation at the Senate committee, the Committee on Appro- time such cancellation may occur. priations, which he has chaired during five Mr. REED. Mr. President, I ask unan- SEC. 8 EFFECT Congresses, longer than any other Senator; imous consent that the Committee on Foreign Relations be authorized to This section says that nothing in this act Whereas, Robert C. Byrd is the first Sen- diminishes the right of private property own- ator to have authored a comprehensive his- meet during the session of the Senate ers. tory of the United States Senate; on November 18, 2009, at 10:15 a.m. The PRESIDING OFFICER. Without f Whereas, Robert C. Byrd has throughout his service in the Senate vigilantly defended objection, it is so ordered. SUBMITTED RESOLUTIONS the Constitutional prerogatives of the Con- COMMITTEE ON HEALTH, EDUCATION, LABOR, gress; AND PENSIONS Whereas, Robert C. Byrd has played an es- Mr. REED. Mr. President, I ask unan- SENATE RESOLUTION 354—COM- sential role in the development and enact- imous consent that the Committee on MENDING ROBERT C. BYRD, SEN- ment of an enormous body of national legis- Health, Education, Labor, and Pen- ATOR FROM WEST VIRGINIA lative initiatives and policy over many decades: now, therefore be it sions be authorized to meet during the Mr. REID (for himself, Mr. MCCON- session of the Senate on November 18, Resolved, That the Senate recognizes and NELL, Mr. ROCKEFELLER, Mr. AKAKA, commends Robert C. Byrd, Senator from 2009, at 10 a.m., in room 430 of the Dirk- Mr. ALEXANDER, Mr. BARRASSO, Mr. West Virginia, for his fifty-six years of exem- sen Senate Office Building. BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. plary service in the Congress of the United The PRESIDING OFFICER. Without BENNET, Mr. BENNETT, Mr. BINGAMAN, States. objection, it is so ordered.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11500 CONGRESSIONAL RECORD — SENATE November 18, 2009

COMMITTEE ON HOMELAND SECURITY AND H.R. 3082 ning, design, and architect and engineer serv- GOVERNMENTAL AFFAIRS Resolved, That the bill from the House of ices, as authorized by law, unless the Secretary Mr. REED. Mr. President, I ask unan- Representatives (H.R. 3082) entitled ‘‘An Act of Defense determines that additional obliga- imous consent that the Committee on making appropriations for military con- tions are necessary for such purposes and noti- Homeland Security and Governmental struction, the Department of Veterans Af- fies the Committees on Appropriations of both fairs, and related agencies for the fiscal year Houses of Congress of the determination and the Affairs be authorized to meet during reasons therefor: Provided further, That the the session of the Senate on November ending September 30, 2010, and for other purposes.’’, do pass with the following amend- amounts made available under this heading 18, 2009. ments: shall be expended for the projects and activities, The PRESIDING OFFICER. Without Strike out all after the enacting clause and and in the amounts specified, under this head- objection, it is so ordered. insert: ing in the Committee recommendations and de- COMMITTEE ON THE JUDICIARY That the following sums are appropriated, out tail tables, including the table entitled ‘‘Military Mr. REED. Mr. President, I ask unan- of any money in the Treasury not otherwise ap- Construction Projects Listing by Location’’ in imous consent that the Committee on propriated, for military construction, the De- the report accompanying this Act. the Judiciary be authorized to meet partment of Veterans Affairs, and related agen- MILITARY CONSTRUCTION, DEFENSE-WIDE during the session of the Senate, on cies for the fiscal year ending September 30, (INCLUDING TRANSFER OF FUNDS) November 18, 2009, at 9:30 a.m., in room 2010, and for other purposes, namely: For acquisition, construction, installation, SD–G50 of the Dirksen Senate Office TITLE I and equipment of temporary or permanent pub- Building, to conduct a hearing entitled DEPARTMENT OF DEFENSE lic works, installations, facilities, and real property for activities and agencies of the Depart- ‘‘Oversight of the U.S. Department of MILITARY CONSTRUCTION, ARMY ment of Defense (other than the military depart- Justice.’’ For acquisition, construction, installation, ments), as currently authorized by law, The PRESIDING OFFICER. Without and equipment of temporary or permanent pub- $3,069,114,000, to remain available until Sep- objection, it is so ordered. lic works, military installations, facilities, and tember 30, 2014: Provided, That such amounts of real property for the Army as currently author- COMMITTEE ON THE JUDICIARY this appropriation as may be determined by the Mr. REED. Mr. President, I ask unan- ized by law, including personnel in the Army Secretary of Defense may be transferred to such Corps of Engineers and other personal services imous consent that the Committee on appropriations of the Department of Defense necessary for the purposes of this appropriation, available for military construction or family the Judiciary be authorized to meet and for construction and operation of facilities during the session of the Senate, on housing as the Secretary may designate, to be in support of the functions of the Commander in merged with and to be available for the same November 18, 2009, at 2:30 p.m., in room Chief, $3,477,673,000, to remain available until purposes, and for the same time period, as the SD–226 of the Dirksen Senate Office September 30, 2014: Provided, That of this appropriation or fund to which transferred: Building, to conduct a hearing entitled amount, not to exceed $191,573,000 shall be Provided further, That of the amount appro- ‘‘Nominations.’’ available for study, planning, design, architect priated, not to exceed $142,942,000 shall be avail- The PRESIDING OFFICER. Without and engineer services, and host nation support, able for study, planning, design, and architect as authorized by law, unless the Secretary of objection, it is so ordered. and engineer services, as authorized by law, un- Defense determines that additional obligations less the Secretary of Defense determines that ad- COMMITTEE ON VETERANS’ AFFAIRS are necessary for such purposes and notifies the Mr. REED. Mr. President, I ask unan- ditional obligations are necessary for such pur- Committees on Appropriations of both Houses of poses and notifies the Committees on Appropria- imous consent that the Committee on Congress of the determination and the reasons tions of both Houses of Congress of the deter- Veterans’ Affairs be authorized to meet therefor: Provided further, That the amounts mination and the reasons therefor: Provided during the session of the Senate on No- made available under this heading shall be ex- further, That the amounts made available under vember 18, 2009. The Committee will pended for the projects and activities, and in this heading shall be expended for the projects the amounts specified, under this heading in the and activities, and in the amounts specified, meet in room 418 of the Russell Senate Committee recommendations and detail tables, Office Building beginning at 9:30 a.m. under this heading in the Committee rec- including the table entitled ‘‘Military Construc- ommendations and detail tables, including the The PRESIDING OFFICER. Without tion Projects Listing by Location’’ in the report objection, it is so ordered. table entitled ‘‘Military Construction Projects accompanying this Act. Listing by Location’’ in the report accom- AD HOC SUBCOMMITTEE ON CONTRACTING MILITARY CONSTRUCTION, NAVY AND MARINE panying this Act. OVERSIGHT CORPS Mr. REED. Mr. President, I ask unan- MILITARY CONSTRUCTION, ARMY NATIONAL For acquisition, construction, installation, GUARD imous consent that the Ad Hoc Sub- and equipment of temporary or permanent pub- For construction, acquisition, expansion, re- committee on Contracting Oversight of lic works, naval installations, facilities, and real habilitation, and conversion of facilities for the property for the Navy and Marine Corps as cur- the Committee on Homeland Security training and administration of the Army Na- rently authorized by law, including personnel in and Governmental Affairs be author- tional Guard, and contributions therefor, as au- the Naval Facilities Engineering Command and ized to meet during the session of the thorized by chapter 1803 of title 10, United other personal services necessary for the pur- Senate on November 18, 2009, at 2:30 States Code, and Military Construction Author- poses of this appropriation, $3,548,771,000, to re- ization Acts, $497,210,000, to remain available p.m., to conduct a hearing entitled, main available until September 30, 2014: Pro- until September 30, 2014: Provided, That the ‘‘Accountability for Foreign Contrac- vided, That of this amount, not to exceed amounts made available under this heading tors: The Lieutenant Colonel Dominic $176,896,000 shall be available for study, plan- shall be expended for the projects and activities, ‘Rocky’ Baragona Justice for American ning, design, and architect and engineer serv- and in the amounts specified, under this head- ices, as authorized by law, unless the Secretary Heroes Harmed by Contractors Act.’’ ing in the Committee recommendations and de- of Defense determines that additional obliga- The PRESIDING OFFICER. Without tail tables, including the table entitled ‘‘Military tions are necessary for such purposes and noti- objection, it is so ordered. Construction Projects Listing by Location’’ in fies the Committees on Appropriations of both SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS the report accompanying this Act. Houses of Congress of the determination and the Mr. REED. Mr. President, I ask unan- reasons therefor: Provided further, That the MILITARY CONSTRUCTION, AIR NATIONAL GUARD imous consent that the Subcommittee amounts made available under this heading For construction, acquisition, expansion, re- on Public Lands and Forests be author- shall be expended for the projects and activities, habilitation, and conversion of facilities for the ized to meet during the session of the and in the amounts specified, under this head- training and administration of the Air National Senate to conduct a hearing on Novem- ing in the Committee recommendations and de- Guard, and contributions therefor, as author- ber 18, 2009, at 2:30 p.m., in room SD–366 tail tables, including the table entitled ‘‘Military ized by chapter 1803 of title 10, United States of the Dirksen Senate Office Building. Construction Projects Listing by Location’’ in Code, and Military Construction Authorization The PRESIDING OFFICER. Without the report accompanying this Act. Acts, $297,661,000, to remain available until Sep- MILITARY CONSTRUCTION, AIR FORCE tember 30, 2014: Provided, That the amounts objection, it is so ordered. made available under this heading shall be ex- For acquisition, construction, installation, f pended for the projects and activities, and in and equipment of temporary or permanent pub- the amounts specified, under this heading in the MILITARY CONSTRUCTION, VET- lic works, military installations, facilities, and Committee recommendations and detail tables, real property for the Air Force as currently au- ERANS AFFAIRS AND RELATED including the table entitled ‘‘Military Construc- thorized by law, $1,213,539,000, to remain avail- AGENCIES APPROPRIATIONS tion Projects Listing by Location’’ in the report able until September 30, 2014, of which $9,800,000 ACT, 2010 accompanying this Act. shall be for an Aircraft Fuel Systems Mainte- On Tuesday, November 17, 2009, the nance Dock at Columbus AFB, Mississippi: Pro- MILITARY CONSTRUCTION, ARMY RESERVE Senate passed H.R. 3082, as amended, as vided, That of this amount, not to exceed For construction, acquisition, expansion, re- follows: $106,918,000 shall be available for study, plan- habilitation, and conversion of facilities for the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11501 training and administration of the Army Re- acquisition, replacement, addition, expansion, the United States stockpile of lethal chemical serve as authorized by chapter 1803 of title 10, extension, and alteration, as authorized by law, agents and munitions in accordance with sec- United States Code, and Military Construction $146,569,000, to remain available until September tion 1412 of the Department of Defense Author- Authorization Acts, $379,012,000, to remain 30, 2014: Provided, That the amounts made ization Act, 1986 (50 U.S.C. 1521), and for the available until September 30, 2014: Provided, available under this heading shall be expended destruction of other chemical warfare materials That the amounts made available under this for the projects and activities, and in the that are not in the chemical weapon stockpile, heading shall be expended for the projects and amounts specified, under this heading in the as currently authorized by law, $151,541,000, to activities, and in the amounts specified, under Committee recommendations and detail tables, remain available until September 30, 2014, which this heading in the Committee recommendations including the table entitled ‘‘Military Construc- shall be only for the Assembled Chemical Weap- and detail tables, including the table entitled tion Projects Listing by Location’’ in the report ons Alternatives program: Provided, That the ‘‘Military Construction Projects Listing by Lo- accompanying this Act. amounts made available under this heading cation’’ in the report accompanying this Act. FAMILY HOUSING OPERATION AND MAINTENANCE, shall be expended for the projects and activities, MILITARY CONSTRUCTION, NAVY RESERVE NAVY AND MARINE CORPS and in the amounts specified, under this head- For construction, acquisition, expansion, re- For expenses of family housing for the Navy ing in the Committee recommendations and de- habilitation, and conversion of facilities for the and Marine Corps for operation and mainte- tail tables, including the table entitled ‘‘Military training and administration of the reserve com- nance, including debt payment, leasing, minor Construction Projects Listing by Location’’ in ponents of the Navy and Marine Corps as au- construction, principal and interest charges, the report accompanying this Act. thorized by chapter 1803 of title 10, United and insurance premiums, as authorized by law, DEPARTMENT OF DEFENSE BASE CLOSURE States Code, and Military Construction Author- $368,540,000. ACCOUNT 1990 ization Acts, $64,124,000, to remain available FAMILY HOUSING CONSTRUCTION, AIR FORCE For deposit into the Department of Defense until September 30, 2014: Provided, That the For expenses of family housing for the Air Base Closure Account 1990, established by sec- amounts made available under this heading Force for construction, including acquisition, tion 2906(a)(1) of the Defense Base Closure and shall be expended for the projects and activities, replacement, addition, expansion, extension, Realignment Act of 1990 (10 U.S.C. 2687 note), and in the amounts specified, under this head- and alteration, as authorized by law, $421,768,000, to remain available until expended. ing in the Committee recommendations and de- $66,101,000, to remain available until September tail tables, including the table entitled ‘‘Military DEPARTMENT OF DEFENSE BASE CLOSURE 30, 2014: Provided, That the amounts made ACCOUNT 2005 Construction Projects Listing by Location’’ in available under this heading shall be expended For deposit into the Department of Defense the report accompanying this Act. for the projects and activities, and in the Base Closure Account 2005, established by sec- MILITARY CONSTRUCTION, AIR FORCE RESERVE amounts specified, under this heading in the tion 2906A(a)(1) of the Defense Base Closure For construction, acquisition, expansion, re- Committee recommendations and detail tables, and Realignment Act of 1990 (10 U.S.C. 2687 habilitation, and conversion of facilities for the including the table entitled ‘‘Military Construc- note), $7,479,498,000, to remain available until training and administration of the Air Force Re- tion Projects Listing by Location’’ in the report expended: Provided, That the Department of serve as authorized by chapter 1803 of title 10, accompanying this Act. Defense shall notify the Committees on Appro- United States Code, and Military Construction FAMILY HOUSING OPERATION AND MAINTENANCE, priations of both Houses of Congress 14 days Authorization Acts, $47,376,000, to remain avail- AIR FORCE prior to obligating an amount for a construction able until September 30, 2014: Provided, That the For expenses of family housing for the Air project that exceeds or reduces the amount iden- amounts made available under this heading Force for operation and maintenance, including tified for that project in the most recently sub- shall be expended for the projects and activities, debt payment, leasing, minor construction, prin- mitted budget request for this account by 20 per- and in the amounts specified, under this head- cipal and interest charges, and insurance pre- cent or $2,000,000, whichever is less: Provided ing in the Committee recommendations and de- miums, as authorized by law, $502,936,000. further, That the previous proviso shall not tail tables, including the table entitled ‘‘Military apply to projects costing less than $5,000,000, ex- Construction Projects Listing by Location’’ in FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE cept for those projects not previously identified the report accompanying this Act. For expenses of family housing for the activities and agencies of the Department of Defense in any budget submission for this account and NORTH ATLANTIC TREATY ORGANIZATION exceeding the minor construction threshold SECURITY INVESTMENT PROGRAM (other than the military departments) for construction, including acquisition, replacement, under 10 U.S.C. 2805. For the United States share of the cost of the addition, expansion, extension and alteration, ADMINISTRATIVE PROVISIONS North Atlantic Treaty Organization Security In- as authorized by law, $2,859,000, to remain vestment Program for the acquisition and con- SEC. 101. None of the funds made available in available until September 30, 2014: Provided, struction of military facilities and installations this title shall be expended for payments under That the amounts made available under this (including international military headquarters) a cost-plus-a-fixed-fee contract for construction, heading shall be expended for the projects and and for related expenses for the collective de- where cost estimates exceed $25,000, to be per- activities, and in the amounts specified, under fense of the North Atlantic Treaty Area as au- formed within the United States, except Alaska, this heading in the Committee recommendations thorized by section 2806 of title 10, United States without the specific approval in writing of the and detail tables, including the table entitled Code, and Military Construction Authorization Secretary of Defense setting forth the reasons ‘‘Military Construction Projects Listing by Lo- Acts, $276,314,000, to remain available until ex- therefor. cation’’ in the report accompanying this Act. pended: Provided, That of the amount appro- SEC. 102. Funds made available in this title for priated, not to exceed $41,400,000 shall be avail- FAMILY HOUSING OPERATION AND MAINTENANCE, construction shall be available for hire of pas- able for the United States share of the planning, DEFENSE-WIDE senger motor vehicles. design and construction of a new North Atlantic For expenses of family housing for the activi- SEC. 103. Funds made available in this title for Treaty Organization headquarters. ties and agencies of the Department of Defense construction may be used for advances to the FAMILY HOUSING CONSTRUCTION, ARMY (other than the military departments) for oper- Federal Highway Administration, Department ation and maintenance, leasing, and minor con- For expenses of family housing for the Army of Transportation, for the construction of access struction, as authorized by law, $49,214,000. for construction, including acquisition, replace- roads as authorized by section 210 of title 23, ment, addition, expansion, extension, and alter- DEPARTMENT OF DEFENSE FAMILY HOUSING United States Code, when projects authorized ation, as authorized by law, $273,236,000, to re- IMPROVEMENT FUND therein are certified as important to the na- main available until September 30, 2014: Pro- For the Department of Defense Family Hous- tional defense by the Secretary of Defense. vided, That the amounts made available under ing Improvement Fund, $2,600,000, to remain SEC. 104. None of the funds made available in this heading shall be expended for the projects available until expended, for family housing ini- this title may be used to begin construction of and activities, and in the amounts specified, tiatives undertaken pursuant to section 2883 of new bases in the United States for which spe- under this heading in the Committee rec- title 10, United States Code, providing alter- cific appropriations have not been made. ommendations and detail tables, including the native means of acquiring and improving mili- SEC. 105. None of the funds made available in table entitled ‘‘Military Construction Projects tary family housing and supporting facilities. this title shall be used for purchase of land or land easements in excess of 100 percent of the Listing by Location’’ in the report accom- HOMEOWNERS ASSISTANCE FUND panying this Act. value as determined by the Army Corps of Engi- For the Homeowners Assistance Fund estab- neers or the Naval Facilities Engineering Com- FAMILY HOUSING OPERATION AND MAINTENANCE, lished by section 1013 of the Demonstration Cit- mand, except: (1) where there is a determination ARMY ies and Metropolitan Development Act of 1966 of value by a Federal court; (2) purchases nego- For expenses of family housing for the Army (42 U.S.C. 3374), as amended by section 1001 of tiated by the Attorney General or the designee for operation and maintenance, including debt division A of the American Recovery and Rein- of the Attorney General; (3) where the estimated payment, leasing, minor construction, principal vestment Act of 2009 (Public Law 111–5; 123 Stat. value is less than $25,000; or (4) as otherwise de- and interest charges, and insurance premiums, 194), $373,225,000, to remain available until ex- termined by the Secretary of Defense to be in as authorized by law, $523,418,000. pended. the public interest. FAMILY HOUSING CONSTRUCTION, NAVY AND CHEMICAL DEMILITARIZATION CONSTRUCTION, SEC. 106. None of the funds made available in MARINE CORPS DEFENSE-WIDE this title shall be used to: (1) acquire land; (2) For expenses of family housing for the Navy For expenses of construction, not otherwise provide for site preparation; or (3) install utili- and Marine Corps for construction, including provided for, necessary for the destruction of ties for any family housing, except housing for

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11502 CONGRESSIONAL RECORD — SENATE November 18, 2009 which funds have been made available in an- after the fiscal year for which funds for such improving military family housing, military un- nual Acts making appropriations for military project were made available, if the funds obli- accompanied housing, and supporting facilities. construction. gated for such project: (1) are obligated from SEC. 121. (a) Not later than 60 days before SEC. 107. None of the funds made available in funds available for military construction issuing any solicitation for a contract with the this title for minor construction may be used to projects; and (2) do not exceed the amount ap- private sector for military family housing the transfer or relocate any activity from one base propriated for such project, plus any amount by Secretary of the military department concerned or installation to another, without prior notifi- which the cost of such project is increased pur- shall submit to the Committees on Appropria- cation to the Committees on Appropriations of suant to law. tions of both Houses of Congress the notice de- both Houses of Congress. SEC. 118. (a) The Secretary of Defense, in con- scribed in subsection (b). SEC. 108. None of the funds made available in sultation with the Secretary of State, shall sub- (b)(1) A notice referred to in subsection (a) is this title may be used for the procurement of mit to the Committees on Appropriations of both a notice of any guarantee (including the making steel for any construction project or activity for Houses of Congress, by February 15 of each of mortgage or rental payments) proposed to be which American steel producers, fabricators, year, an annual report in unclassified and, if made by the Secretary to the private party and manufacturers have been denied the oppor- necessary, classified form, on actions taken by under the contract involved in the event of— tunity to compete for such steel procurement. the Department of Defense and the Department (A) the closure or realignment of the installa- SEC. 109. None of the funds available to the of State during the previous fiscal year to en- tion for which housing is provided under the Department of Defense for military construction courage host countries to assume a greater share contract; or family housing during the current fiscal year of the common defense burden of such countries (B) a reduction in force of units stationed at may be used to pay real property taxes in any and the United States. such installation; or foreign nation. (b) The report under subsection (a) shall in- (C) the extended deployment overseas of units SEC. 110. None of the funds made available in clude a description of— stationed at such installation. this title may be used to initiate a new installa- (1) attempts to secure cash and in-kind con- (2) Each notice under this subsection shall tion overseas without prior notification to the tributions from host countries for military con- specify the nature of the guarantee involved Committees on Appropriations of both Houses of struction projects; and assess the extent and likelihood, if any, of Congress. (2) attempts to achieve economic incentives of- the liability of the Federal Government with re- SEC. 111. None of the funds made available in fered by host countries to encourage private in- spect to the guarantee. this title may be obligated for architect and en- vestment for the benefit of the United States (INCLUDING TRANSFER OF FUNDS) gineer contracts estimated by the Government to Armed Forces; SEC. 122. In addition to any other transfer au- exceed $500,000 for projects to be accomplished (3) attempts to recover funds due to be paid to thority available to the Department of Defense, in Japan, in any North Atlantic Treaty Organi- the United States by host countries for assets amounts may be transferred from the accounts zation member country, or in countries bor- deeded or otherwise imparted to host countries established by sections 2906(a)(1) and dering the Arabian Sea, unless such contracts upon the cessation of United States operations 2906A(a)(1) of the Defense Base Closure and Re- are awarded to United States firms or United at military installations; alignment Act of 1990 (10 U.S.C. 2687 note), to States firms in joint venture with host nation (4) the amount spent by host countries on de- the fund established by section 1013(d) of the firms. fense, in dollars and in terms of the percent of Demonstration Cities and Metropolitan Develop- SEC. 112. None of the funds made available in gross domestic product (GDP) of the host coun- ment Act of 1966 (42 U.S.C. 3374) to pay for ex- this title for military construction in the United try; and penses associated with the Homeowners Assist- States territories and possessions in the Pacific (5) for host countries that are members of the ance Program incurred under 42 U.S.C. and on Kwajalein Atoll, or in countries bor- North Atlantic Treaty Organization (NATO), 3374(a)(1)(A). Any amounts transferred shall be dering the Arabian Sea, may be used to award the amount contributed to NATO by host coun- merged with and be available for the same pur- any contract estimated by the Government to ex- tries, in dollars and in terms of the percent of poses and for the same time period as the fund ceed $1,000,000 to a foreign contractor: Provided, the total NATO budget. to which transferred. (c) In this section, the term ‘‘host country’’ That this section shall not be applicable to con- SEC. 123. Funds made available in this title for tract awards for which the lowest responsive means other member countries of NATO, Japan, operation and maintenance of family housing and responsible bid of a United States con- South Korea, and United States allies bordering shall be the exclusive source of funds for repair tractor exceeds the lowest responsive and re- the Arabian Sea. and maintenance of all family housing units, in- sponsible bid of a foreign contractor by greater (INCLUDING TRANSFER OF FUNDS) cluding general or flag officer quarters: Pro- than 20 percent: Provided furtherThat this sec- SEC. 119. In addition to any other transfer au- vided, That not more than $35,000 per unit may tion shall not apply to contract awards for mili- thority available to the Department of Defense, be spent annually for the maintenance and retary construction on Kwajalein Atoll for which proceeds deposited to the Department of Defense pair of any general or flag officer quarters with- the lowest responsive and responsible bid is sub- Base Closure Account established by section out 30 days prior notification to the Committees mitted by a Marshallese contractor. 207(a)(1) of the Defense Authorization Amend- on Appropriations of both Houses of Congress, SEC. 113. The Secretary of Defense is to inform ments and Base Closure and Realignment Act except that an after-the-fact notification shall the appropriate committees of both Houses of (10 U.S.C. 2687 note) pursuant to section be submitted if the limitation is exceeded solely Congress, including the Committees on Appro- 207(a)(2)(C) of such Act, may be transferred to due to costs associated with environmental re- priations, of the plans and scope of any pro- the account established by section 2906(a)(1) of mediation that could not be reasonably antici- posed military exercise involving United States the Defense Base Closure and Realignment Act pated at the time of the budget submission: Pro- personnel 30 days prior to its occurring, if of 1990 (10 U.S.C. 2687 note), to be merged with, vided further, That the Under Secretary of De- amounts expended for construction, either tem- and to be available for the same purposes and fense (Comptroller) is to report annually to the porary or permanent, are anticipated to exceed the same time period as that account. Committees on Appropriations of both Houses of $100,000. (INCLUDING TRANSFER OF FUNDS) Congress all operation and maintenance ex- SEC. 114. Not more than 20 percent of the SEC. 120. Subject to 30 days prior notification penditures for each individual general or flag funds made available in this title which are lim- to the Committees on Appropriations of both officer quarters for the prior fiscal year. ited for obligation during the current fiscal year Houses of Congress, such additional amounts as SEC. 124. Amounts contained in the Ford Is- shall be obligated during the last two months of may be determined by the Secretary of Defense land Improvement Account established by sub- the fiscal year. may be transferred to: (1) the Department of De- section (h) of section 2814 of title 10, United (INCLUDING TRANSFER OF FUNDS) fense Family Housing Improvement Fund from States Code, are appropriated and shall be available until expended for the purposes speci- SEC. 115. Funds appropriated to the Depart- amounts appropriated for construction in ‘‘Fam- ment of Defense for construction in prior years ily Housing’’ accounts, to be merged with and to fied in subsection (i)(1) of such section or until shall be available for construction authorized be available for the same purposes and for the transferred pursuant to subsection (i)(3) of such for each such military department by the au- same period of time as amounts appropriated di- section. thorizations enacted into law during the current rectly to the Fund; or (2) the Department of De- (INCLUDING TRANSFER OF FUNDS) session of Congress. fense Military Unaccompanied Housing Im- SEC. 125. None of the funds made available in SEC. 116. For military construction or family provement Fund from amounts appropriated for this title, or in any Act making appropriations housing projects that are being completed with construction of military unaccompanied housing for military construction which remain available funds otherwise expired or lapsed for obligation, in ‘‘Military Construction’’ accounts, to be for obligation, may be obligated or expended to expired or lapsed funds may be used to pay the merged with and to be available for the same carry out a military construction, land acquisi- cost of associated supervision, inspection, over- purposes and for the same period of time as tion, or family housing project at or for a mili- head, engineering and design on those projects amounts appropriated directly to the Fund: Pro- tary installation approved for closure, or at a and on subsequent claims, if any. vided, That appropriations made available to military installation for the purposes of sup- SEC. 117. Notwithstanding any other provision the Funds shall be available to cover the costs, porting a function that has been approved for of law, any funds made available to a military as defined in section 502(5) of the Congressional realignment to another installation, in 2005 department or defense agency for the construc- Budget Act of 1974, of direct loans or loan guar- under the Defense Base Closure and Realign- tion of military projects may be obligated for a antees issued by the Department of Defense pur- ment Act of 1990 (part A of title XXIX of Public military construction project or contract, or for suant to the provisions of subchapter IV of Law 101–510; 10 U.S.C. 2687 note), unless such a any portion of such a project or contract, at any chapter 169 of title 10, United States Code, per- project at a military installation approved for time before the end of the fourth fiscal year taining to alternative means of acquiring and realignment will support a continuing mission

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11503 or function at that installation or a new mission Closure Account 2005, and the overseas contin- the amount of such increase to remain available or function that is planned for that installation, gency operations military construction ac- until September 30, 2014. or unless the Secretary of Defense certifies that counts. (2) Of the amount appropriated or otherwise the cost to the United States of carrying out SEC. 130. (a) Of the funds appropriated or oth- made available by this title under the heading such project would be less than the cost to the erwise made available by this title under the ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’, as United States of cancelling such project, or if heading ‘‘DEPARTMENT OF DEFENSE BASE CLO- increased by paragraph (1), $68,500,000 shall be the project is at an active component base that SURE ACCOUNT, 2005’’, $450,000 shall be available available for the construction of an Aegis shall be established as an enclave or in the case for the Secretary of Defense to enter into an ar- Ashore Test Facility at the Pacific Missile of projects having multi-agency use, that an- rangement with the National Academy of Range Facility, Hawaii. other Government agency has indicated it will Sciences to conduct a study through the Trans- (b) Of the amount appropriated or otherwise assume ownership of the completed project. The portation Research Board of Federal funding of made available by title I of the Military Con- Secretary of Defense may not transfer funds transportation improvements to accommodate struction and Veterans Affairs Appropriations made available as a result of this limitation from installation growth associated with the 2005 De- Act, 2009 (division E of Public Law 110–329; 122 any military construction project, land acquisi- fense Base Closure and Realignment (BRAC) Stat. 3692) under the heading ‘‘MILITARY CON- tion, or family housing project to another ac- program. STRUCTION, DEFENSE-WIDE’’ and available for count or use such funds for another purpose or (b) The study conducted pursuant to sub- the purpose of European Ballistic Missile De- project without the prior approval of the Com- section (a) shall— fense program construction, $69,500,000 is hereby mittees on Appropriations of both Houses of (1) examine case studies of congestion caused rescinded. Congress. This section shall not apply to mili- on metropolitan road and transit facilities when TITLE II tary construction projects, land acquisition, or BRAC requirements cause shifts in personnel to DEPARTMENT OF VETERANS AFFAIRS family housing projects for which the project is occur faster than facilities can be improved VETERANS BENEFITS ADMINISTRATION vital to the national security or the protection of through the usual State and local processes; health, safety, or environmental quality: Pro- (2) review the criteria used by the Defense Ac- COMPENSATION AND PENSIONS vided, That the Secretary of Defense shall no- cess Roads (DAR) program for determining the (INCLUDING TRANSFER OF FUNDS) tify the congressional defense committees within eligibility of transportation projects and the ap- For the payment of compensation benefits to seven days of a decision to carry out such a propriate Department of Defense share of public or on behalf of veterans and a pilot program for military construction project. highway and transit improvements in BRAC disability examinations as authorized by section cases; (INCLUDING TRANSFER OF FUNDS) 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of (3) assess the adequacy of current Federal SEC. 126. During the 5-year period after ap- title 38, United States Code; pension benefits to surface transportation and Department of De- or on behalf of veterans as authorized by chap- propriations available in this Act to the Depart- fense programs that fund highway and transit ment of Defense for military construction and ters 15, 51, 53, 55, and 61 of title 38, United improvements in BRAC cases to mitigate trans- States Code; and burial benefits, the Reinstated family housing operation and maintenance and portation impacts in urban areas with pre- construction have expired for obligation, upon a Entitlement Program for Survivors, emergency existing traffic congestion and saturated roads; and other officers’ retirement pay, adjusted- determination that such appropriations will not (4) identify promising approaches for funding be necessary for the liquidation of obligations or service credits and certificates, payment of pre- road and transit improvements and streamlining miums due on commercial life insurance policies for making authorized adjustments to such ap- transportation project approvals in BRAC cases; propriations for obligations incurred during the guaranteed under the provisions of title IV of and the Servicemembers Civil Relief Act (50 U.S.C. period of availability of such appropriations, (5) provide recommendations for modifications App. 541 et seq.) and for other benefits as au- unobligated balances of such appropriations of current policy for the DAR and Office of Eco- thorized by sections 107, 1312, 1977, and 2106, may be transferred into the appropriation ‘‘For- nomic Adjustment programs, including funding and chapters 23, 51, 53, 55, and 61 of title 38, eign Currency Fluctuations, Construction, De- strategies, road capacity assessments, eligibility United States Code, $47,218,207,000, to remain fense’’, to be merged with and to be available for criteria, and other government policies and pro- available until expended: Provided, That not to the same time period and for the same purposes grams the National Academy of Sciences may exceed $29,283,000 of the amount appropriated as the appropriation to which transferred. identify, to mitigate the impact of BRAC-related under this heading shall be reimbursed to ‘‘Gen- SEC. 127. Amounts appropriated or otherwise installation growth on preexisting urban conges- eral operating expenses’’, ‘‘Medical support and made available in an account funded under the tion. compliance’’, and ‘‘Information technology sys- headings in this title may be transferred among (c) The Secretary of Defense shall enter into tems’’ for necessary expenses in implementing projects and activities within that account in an arrangement with the National Academy of the provisions of chapters 51, 53, and 55 of title accordance with the reprogramming guidelines Sciences to provide the study conducted pursu- 38, United States Code, the funding source for for military construction and family housing ant to subsection (a) by not later than 45 days which is specifically provided as the ‘‘Com- construction contained in the report accom- after the date of the enactment of the Act. pensation and pensions’’ appropriation: Pro- panying this Act, and in the guidance for mili- (d)(1) Not later than May 15, 2010, the Na- vided further, That such sums as may be earned tary construction reprogrammings and notifica- tional Academy of Sciences shall provide an in- on an actual qualifying patient basis, shall be tions contained in Department of Defense Fi- terim report of its findings to the Secretary of reimbursed to ‘‘Medical care collections fund’’ nancial Management Regulation 7000.14–R, Vol- Defense and the Committees on Armed Services to augment the funding of individual medical ume 3, Chapter 7, of December 1996, as in effect and Appropriations of the Senate and the House facilities for nursing home care provided to pen- on the date of enactment of this Act. of Representatives. SEC. 128. (a) During each of fiscal years 2010 (2) Not later than January 31, 2011, the Na- sioners as authorized. through 2014, the Secretary of Defense shall tional Academy of Sciences shall provide a final READJUSTMENT BENEFITS submit to the congressional defense committees a report of its findings to the Secretary of Defense For the payment of readjustment and rehabili- report analyzing alternative designs for any and the Committees on Armed Services and Ap- tation benefits to or on behalf of veterans as au- major construction projects requested in that fis- propriations of the Senate and the House of thorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, cal year related to the security of strategic nu- Representatives. 51, 53, 55, and 61 of title 38, United States Code, clear weapons facilities. SEC. 131. (a)(1) The amount appropriated or $8,663,624,000, to remain available until ex- (b) The report shall examine, with regard to otherwise made available by this title under the pended: Provided, That expenses for rehabilita- each alternative— heading ‘‘MILITARY CONSTRUCTION, AIR FORCE’’ tion program services and assistance which the (1) the costs, including full life cycle costs; is hereby increased by $37,500,000. Secretary is authorized to provide under sub- and (2) Of the amount appropriated or otherwise section (a) of section 3104 of title 38, United (2) the benefits, including security enhance- made available by this title under the heading States Code, other than under paragraphs (1), ments. ‘‘MILITARY CONSTRUCTION, AIR FORCE’’, as in- (2), (5), and (11) of that subsection, shall be SEC. 129. Not later than each of April 15, 2010, creased by paragraph (1), $37,500,000 shall be charged to this account. July 15, 2010, and October 15, 2010, the Secretary available for construction of an Unmanned Aer- VETERANS INSURANCE AND INDEMNITIES of Defense shall submit to the congressional de- ial System Field Training Complex at Holloman For military and naval insurance, national fense committees a consolidated report from Air Force Base, New Mexico. service life insurance, servicemen’s indemnities, each of the military departments and Defense (b) Of the amount appropriated or otherwise service-disabled veterans insurance, and vet- agencies identifying, by project and dollar made available by title I of the Military Con- erans mortgage life insurance as authorized by amount, bid savings resulting from cost and struction and Veterans Affairs Appropriations title 38, United States Code, chapters 19 and 21, scope variations pursuant to section 2853 of title Act, 2009 (division E of Public Law 110–329; 122 $49,288,000, to remain available until expended. 10, United States Code, exceeding 25 percent of Stat. 3692) under the heading ‘‘MILITARY CON- the appropriated amount for military construc- STRUCTION, AIR FORCE’’ and available for the VETERANS HOUSING BENEFIT PROGRAM FUND tion projects funded by this Act, the Supple- purpose of Unmanned Aerial System Field For the cost of direct and guaranteed loans, mental Appropriations Act, 2009 (Public Law Training facilities construction, $38,500,000 is such sums as may be necessary to carry out the 111–32), and the Military Construction and Vet- hereby rescinded. program, as authorized by subchapters I erans Affairs Appropriations Act, 2009 (division SEC. 132. (a)(1) The amount appropriated or through III of chapter 37 of title 38, United E of Public Law 110–329), including projects otherwise made available by this title under the States Code: Provided, That such costs, includ- funded through the regular military construc- heading ‘‘MILITARY CONSTRUCTION, DEFENSE- ing the cost of modifying such loans, shall be as tion accounts, the Department of Defense Base WIDE’’ is hereby increased by $68,500,000, with defined in section 502 of the Congressional

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11504 CONGRESSIONAL RECORD — SENATE November 18, 2009

Budget Act of 1974: Provided further, That dur- MEDICAL SUPPORT AND COMPLIANCE $111,000,000 shall be available for obligation ing fiscal year 2010, within the resources avail- For necessary expenses in the administration until September 30, 2011: Provided further, That able, not to exceed $500,000 in gross obligations of the medical, hospital, nursing home, domi- from the funds made available under this head- for direct loans are authorized for specially ciliary, construction, supply, and research ac- ing, the Veterans Benefits Administration may adapted housing loans. tivities, as authorized by law; administrative ex- purchase (on a one-for-one replacement basis In addition, for administrative expenses to penses in support of capital policy activities; only) up to two passenger motor vehicles for use carry out the direct and guaranteed loan pro- and administrative and legal expenses of the in operations of that Administration in Manila, grams, $165,082,000. Department for collecting and recovering Philippines. VOCATIONAL REHABILITATION LOANS PROGRAM amounts owed the Department as authorized INFORMATION TECHNOLOGY SYSTEMS ACCOUNT under chapter 17 of title 38, United States Code, For necessary expenses for information tech- (INCLUDING TRANSFER OF FUNDS) and the Federal Medical Care Recovery Act (42 nology systems and telecommunications support, For the cost of direct loans, $29,000, as au- U.S.C. 2651 et seq.); $5,100,000,000, plus reim- including developmental information systems thorized by chapter 31 of title 38, United States bursements, of which $250,000,000 shall be avail- and operational information systems; for pay Code: Provided, That such costs, including the able until September 30, 2011. and associated costs; and for the capital asset cost of modifying such loans, shall be as defined MEDICAL FACILITIES acquisition of information technology systems, in section 502 of the Congressional Budget Act For necessary expenses for the maintenance including management and related contractual of 1974: Provided further, That funds made and operation of hospitals, nursing homes, and costs of said acquisitions, including contractual available under this heading are available to domiciliary facilities and other necessary facili- costs associated with operations authorized by subsidize gross obligations for the principal ties of the Veterans Health Administration; for section 3109 of title 5, United States Code, amount of direct loans not to exceed $2,298,000. administrative expenses in support of planning, $3,307,000,000, plus reimbursements, to be avail- In addition, for administrative expenses nec- able until September 30, 2011: Provided, That essary to carry out the direct loan program, design, project management, real property acquisition and disposition, construction, and ren- not later than 30 days after the date of the en- $328,000, which may be paid to the appropria- actment of this Act, the Secretary of Veterans tion for ‘‘General operating expenses’’. ovation of any facility under the jurisdiction or for the use of the Department; for oversight, en- Affairs shall submit to the Committees on Ap- NATIVE AMERICAN VETERAN HOUSING LOAN gineering, and architectural activities not propriations of both Houses of Congress a re- PROGRAM ACCOUNT charged to project costs; for repairing, altering, programming base letter which sets forth, by For administrative expenses to carry out the improving, or providing facilities in the several project, the Operations and Maintenance and direct loan program authorized by subchapter V hospitals and homes under the jurisdiction of Salaries and Expenses costs to be carried out of chapter 37 of title 38, United States Code, the Department, not otherwise provided for, ei- utilizing amounts made available by this head- $664,000. ther by contract or by the hire of temporary em- ing: Provided further, That of the amounts ap- GUARANTEED TRANSITIONAL HOUSING LOANS FOR ployees and purchase of materials; for leases of propriated, $800,485,000 may not be obligated or HOMELESS VETERANS PROGRAM ACCOUNT facilities; and for laundry services, expended until the Secretary of Veterans Affairs For the administrative expenses to carry out $4,849,883,000, plus reimbursements, of which or the Chief Information Officer of the Depart- the guaranteed transitional housing loan pro- $250,000,000 shall be available until September ment of Veterans Affairs submits to the Commit- gram authorized by subchapter VI of chapter 20 30, 2011: Provided, That $100,000,000 for non-re- tees on Appropriations of both Houses of Con- of title 38, United States Code, not to exceed curring maintenance provided under this head- gress a certification of the amounts, in parts or $750,000 of the amounts appropriated by this Act ing shall be allocated in a manner not subject to in full, to be obligated and expended for each for ‘‘General operating expenses’’ and ‘‘Medical the Veterans Equitable Resource Allocation. development project: Provided further, That amounts specified in the certification with re- support and compliance’’ may be expended. MEDICAL AND PROSTHETIC RESEARCH spect to development projects under the pre- VETERANS HEALTH ADMINISTRATION For necessary expenses in carrying out pro- ceding proviso shall be incorporated into the re- MEDICAL SERVICES grams of medical and prosthetic research and programming base letter with respect to develop- (INCLUDING TRANSFER OF FUNDS) development as authorized by chapter 73 of title ment projects funded using amounts appro- For necessary expenses for furnishing, as au- 38, United States Code, $580,000,000, plus reim- priated by this heading. bursements, to remain available until September thorized by law, inpatient and outpatient care OFFICE OF INSPECTOR GENERAL and treatment to beneficiaries of the Depart- 30, 2011. For necessary expenses of the Office of In- ment of Veterans Affairs and veterans described NATIONAL CEMETERY ADMINISTRATION spector General, to include information tech- in section 1705(a) of title 38, United States Code, For necessary expenses of the National Ceme- including care and treatment in facilities not nology, in carrying out the provisions of the In- tery Administration for operations and mainte- spector General Act of 1978 (5 U.S.C. App.), under the jurisdiction of the Department, and nance, not otherwise provided for, including including medical supplies and equipment, food $109,000,000, of which $6,000,000 shall be avail- uniforms or allowances therefor; cemeterial ex- able until September 30, 2011. services, and salaries and expenses of penses as authorized by law; purchase of one CONSTRUCTION, MAJOR PROJECTS healthcare employees hired under title 38, passenger motor vehicle for use in cemeterial op- United States Code, and aid to State homes as erations; hire of passenger motor vehicles; and For constructing, altering, extending, and im- authorized by section 1741 of title 38, United repair, alteration or improvement of facilities proving any of the facilities, including parking States Code; $34,704,500,000, plus reimburse- under the jurisdiction of the National Cemetery projects, under the jurisdiction or for the use of ments: Provided, That of the funds made avail- Administration, $250,000,000, of which not to ex- the Department of Veterans Affairs, or for any able under this heading, not to exceed ceed $24,200,000 shall be available until Sep- of the purposes set forth in sections 316, 2404, $1,600,000,000 shall be available until September tember 30, 2011. 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 30, 2011: Provided further, That, notwith- of title 38, United States Code, including plan- DEPARTMENTAL ADMINISTRATION standing any other provision of law, the Sec- ning, architectural and engineering services, retary of Veterans Affairs shall establish a pri- GENERAL OPERATING EXPENSES construction management services, maintenance ority for the provision of medical treatment for For necessary operating expenses of the De- or guarantee period services costs associated veterans who have service-connected disabil- partment of Veterans Affairs, not otherwise pro- with equipment guarantees provided under the ities, lower income, or have special needs: Pro- vided for, including administrative expenses in project, services of claims analysts, offsite utility vided further, That, notwithstanding any other support of Department-Wide capital planning, and storm drainage system construction costs, provision of law, the Secretary of Veterans Af- management and policy activities, uniforms, or and site acquisition, where the estimated cost of fairs shall give priority funding for the provi- allowances therefor; not to exceed $25,000 for of- a project is more than the amount set forth in sion of basic medical benefits to veterans in en- ficial reception and representation expenses; section 8104(a)(3)(A) of title 38, United States rollment priority groups 1 through 6: Provided hire of passenger motor vehicles; and reimburse- Code, or where funds for a project were made further, That, notwithstanding any other provi- ment of the General Services Administration for available in a previous major project appropria- sion of law, the Secretary of Veterans Affairs security guard services, and the Department of tion, $1,194,000,000, to remain available until ex- may authorize the dispensing of prescription Defense for the cost of overseas employee mail, pended, of which $16,000,000 shall be to make re- drugs from Veterans Health Administration fa- $2,086,251,000: Provided, That expenses for serv- imbursements as provided in section 13 of the cilities to enrolled veterans with privately writ- ices and assistance authorized under para- Contract Disputes Act of 1978 (41 U.S.C. 612) for ten prescriptions based on requirements estab- graphs (1), (2), (5), and (11) of section 3104(a) of claims paid for contract disputes: Provided, lished by the Secretary: Provided further, That title 38, United States Code, that the Secretary That except for advance planning activities, in- the implementation of the program described in of Veterans Affairs determines are necessary to cluding needs assessments which may or may the previous proviso shall incur no additional enable entitled veterans: (1) to the maximum ex- not lead to capital investments, and other cap- cost to the Department of Veterans Affairs: Pro- tent feasible, to become employable and to ob- ital asset management related activities, includ- vided further, That for the Department of De- tain and maintain suitable employment; or (2) to ing portfolio development and management ac- fense/Department of Veterans Affairs Health achieve maximum independence in daily living, tivities, and investment strategy studies funded Care Sharing Incentive Fund, as authorized by shall be charged to this account: Provided fur- through the advance planning fund and the section 8111(d) of title 38, United States Code, a ther, That the Veterans Benefits Administration planning and design activities funded through minimum of $15,000,000, to remain available shall be funded at not less than $1,689,207,000: the design fund, including needs assessments until expended, for any purpose authorized by Provided further, That of the funds made avail- which may or may not lead to capital invest- section 8111 of title 38, United States Code. able under this heading, not to exceed ments, and funds provided for the purchase of

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11505 land for the National Cemetery Administration ‘‘Medical services’’, ‘‘Medical support and com- claims have been paid and actuarially deter- through the land acquisition line item, none of pliance’’ and ‘‘Medical facilities’’ accounts may mined reserves have been set aside: Provided the funds appropriated under this heading shall be transferred between the accounts to the ex- further, That if the cost of administration of be used for any project which has not been ap- tent necessary to implement the restructuring of such an insurance program exceeds the amount proved by the Congress in the budgetary proc- the Veterans Health Administration accounts: of surplus earnings accumulated in that pro- ess: Provided further, That funds provided in Provided, That any transfers between the gram, reimbursement shall be made only to the this appropriation for fiscal year 2010, for each ‘‘Medical services’’ and ‘‘Medical support and extent of such surplus earnings: Provided fur- approved project shall be obligated: (1) by the compliance’’ accounts of 1 percent or less of the ther, That the Secretary shall determine the cost awarding of a construction documents contract total amount appropriated to the account in this of administration for fiscal year 2010 which is by September 30, 2010; and (2) by the awarding or any other Act may take place subject to noti- properly allocable to the provision of each such of a construction contract by September 30, 2011: fication from the Secretary of Veterans Affairs insurance program and to the provision of any Provided further, That the Secretary of Vet- to the Committees on Appropriations of both total disability income insurance included in erans Affairs shall promptly submit to the Com- Houses of Congress of the amount and purpose that insurance program. mittees on Appropriations of both Houses of of the transfer: Provided further, That any SEC. 209. Amounts deducted from enhanced- Congress a written report on any approved transfers between the ‘‘Medical services’’ and use lease proceeds to reimburse an account for major construction project for which obligations ‘‘Medical support and compliance’’ accounts in expenses incurred by that account during a are not incurred within the time limitations es- excess of 1 percent, or exceeding the cumulative prior fiscal year for providing enhanced-use tablished above. 1 percent for the fiscal year, may take place lease services, may be obligated during the fiscal year in which the proceeds are received. CONSTRUCTION, MINOR PROJECTS only after the Secretary requests from the Com- (INCLUDING TRANSFER OF FUNDS) For constructing, altering, extending, and im- mittees on Appropriations of both Houses of proving any of the facilities, including parking Congress the authority to make the transfer and SEC. 210. Funds available in this title or funds projects, under the jurisdiction or for the use of an approval is issued: Provided further, That for salaries and other administrative expenses shall also be available to reimburse the Office of the Department of Veterans Affairs, including any transfer to or from the ‘‘Medical facilities’’ Resolution Management of the Department of planning and assessments of needs which may account may take place only after the Secretary Veterans Affairs and the Office of Employment lead to capital investments, architectural and requests from the Committees on Appropriations Discrimination Complaint Adjudication under engineering services, maintenance or guarantee of both Houses of Congress the authority to section 319 of title 38, United States Code, for all period services costs associated with equipment make the transfer and an approval is issued. EC. 203. Appropriations available in this title services provided at rates which will recover ac- guarantees provided under the project, services S for salaries and expenses shall be available for tual costs but not exceed $34,158,000 for the Of- of claims analysts, offsite utility and storm services authorized by section 3109 of title 5, fice of Resolution Management and $3,278,000 drainage system construction costs, and site ac- United States Code, hire of passenger motor ve- for the Office of Employment and Discrimina- quisition, or for any of the purposes set forth in hicles; lease of a facility or land or both; and tion Complaint Adjudication: Provided, That sections 316, 2404, 2406, 8102, 8103, 8106, 8108, uniforms or allowances therefore, as authorized payments may be made in advance for services 8109, 8110, 8122, and 8162 of title 38, United by sections 5901 through 5902 of title 5, United to be furnished based on estimated costs: Pro- States Code, where the estimated cost of a States Code. vided further, That amounts received shall be project is equal to or less than the amount set SEC. 204. No appropriations in this title (ex- credited to the ‘‘General operating expenses’’ forth in section 8104(a)(3)(A) of title 38, United cept the appropriations for ‘‘Construction, and ‘‘Information technology systems’’ accounts States Code, $685,000,000, to remain available major projects’’, and ‘‘Construction, minor for use by the office that provided the service. until expended, along with unobligated balances projects’’) shall be available for the purchase of SEC. 211. No appropriations in this title shall of previous ‘‘Construction, minor projects’’ ap- any site for or toward the construction of any be available to enter into any new lease of real propriations which are hereby made available new hospital or home. property if the estimated annual rental is more for any project where the estimated cost is equal SEC. 205. No appropriations in this title shall than $1,000,000 unless the Secretary submits a to or less than the amount set forth in such sec- be available for hospitalization or examination report which the Committees on Appropriations tion: Provided, That funds in this account shall of any persons (except beneficiaries entitled to of both Houses of Congress approve within 30 be available for: (1) repairs to any of the non- such hospitalization or examination under the days following the date on which the report is medical facilities under the jurisdiction or for laws providing such benefits to veterans, and received. the use of the Department which are necessary persons receiving such treatment under sections SEC. 212. No funds of the Department of Vet- because of loss or damage caused by any nat- 7901 through 7904 of title 5, United States Code, erans Affairs shall be available for hospital ural disaster or catastrophe; and (2) temporary or the Robert T. Stafford Disaster Relief and care, nursing home care, or medical services pro- measures necessary to prevent or to minimize vided to any person under chapter 17 of title 38, Emergency Assistance Act (42 U.S.C. 5121 et further loss by such causes. United States Code, for a non-service-connected seq.)), unless reimbursement of the cost of such disability described in section 1729(a)(2) of such GRANTS FOR CONSTRUCTION OF STATE EXTENDED hospitalization or examination is made to the title, unless that person has disclosed to the Sec- CARE FACILITIES ‘‘Medical services’’ account at such rates as retary of Veterans Affairs, in such form as the For grants to assist States to acquire or con- may be fixed by the Secretary of Veterans Af- Secretary may require, current, accurate third- struct State nursing home and domiciliary fa- fairs. party reimbursement information for purposes of cilities and to remodel, modify, or alter existing SEC. 206. Appropriations available in this title section 1729 of such title: Provided, That the hospital, nursing home, and domiciliary facili- for ‘‘Compensation and pensions’’, ‘‘Readjust- Secretary may recover, in the same manner as ties in State homes, for furnishing care to vet- ment benefits’’, and ‘‘Veterans insurance and any other debt due the United States, the rea- erans as authorized by sections 8131 through indemnities’’ shall be available for payment of sonable charges for such care or services from 8137 of title 38, United States Code, $115,000,000, prior year accrued obligations required to be re- any person who does not make such disclosure to remain available until expended. corded by law against the corresponding prior as required: Provided further, That any year accounts within the last quarter of fiscal GRANTS FOR CONSTRUCTION OF STATE VETERANS amounts so recovered for care or services pro- CEMETERIES year 2009. vided in a prior fiscal year may be obligated by SEC. 207. Appropriations available in this title For grants to assist States in establishing, ex- the Secretary during the fiscal year in which shall be available to pay prior year obligations panding, or improving State veterans cemeteries amounts are received. as authorized by section 2408 of title 38, United of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and (INCLUDING TRANSFER OF FUNDS) States Code, $42,000,000, to remain available SEC. 213. Notwithstanding any other provision until expended. 3712(a) of title 31, United States Code, except that if such obligations are from trust fund ac- of law, proceeds or revenues derived from en- ADMINISTRATIVE PROVISIONS counts they shall be payable only from ‘‘Com- hanced-use leasing activities (including dis- (INCLUDING TRANSFER OF FUNDS) pensation and pensions’’. posal) may be deposited into the ‘‘Construction, major projects’’ and ‘‘Construction, minor SEC. 201. Any appropriation for fiscal year (INCLUDING TRANSFER OF FUNDS) 2010 for ‘‘Compensation and pensions’’, ‘‘Read- projects’’ accounts and be used for construction SEC. 208. Notwithstanding any other provision justment benefits’’, and ‘‘Veterans insurance (including site acquisition and disposition), al- of law, during fiscal year 2010, the Secretary of terations, and improvements of any medical fa- and indemnities’’ may be transferred as nec- Veterans Affairs shall, from the National Serv- essary to any other of the mentioned appropria- cility under the jurisdiction or for the use of the ice Life Insurance Fund (38 U.S.C. 1920), the Department of Veterans Affairs. Such sums as tions: Provided, That before a transfer may take Veterans’ Special Life Insurance Fund (38 place, the Secretary of Veterans Affairs shall re- realized are in addition to the amount provided U.S.C. 1923), and the United States Government for in ‘‘Construction, major projects’’ and ‘‘Con- quest from the Committees on Appropriations of Life Insurance Fund (38 U.S.C. 1955), reimburse both Houses of Congress the authority to make struction, minor projects’’. the ‘‘General operating expenses’’ and ‘‘Infor- SEC. 214. Amounts made available under the transfer and such Committees issue an ap- mation technology systems’’ accounts for the proval, or absent a response, a period of 30 days ‘‘Medical services’’ are available— cost of administration of the insurance programs (1) for furnishing recreational facilities, sup- has elapsed. financed through those accounts: Provided, plies, and equipment; and (INCLUDING TRANSFER OF FUNDS) That reimbursement shall be made only from the (2) for funeral expenses, burial expenses, and SEC. 202. Amounts made available for the De- surplus earnings accumulated in such an insur- other expenses incidental to funerals and bur- partment of Veterans Affairs for fiscal year ance program during fiscal year 2010 that are ials for beneficiaries receiving care in the De- 2010, in this Act or any other Act, under the available for dividends in that program after partment.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11506 CONGRESSIONAL RECORD — SENATE November 18, 2009

(INCLUDING TRANSFER OF FUNDS) (INCLUDING TRANSFER OF FUNDS) erans Health Administration, in addition to SEC. 215. Such sums as may be deposited to SEC. 222. Any balances in prior year accounts amounts otherwise available for other pay and the Medical Care Collections Fund pursuant to established for the payment of benefits under incentives. section 1729A of title 38, United States Code, the Reinstated Entitlement Program for Sur- (B) Health care providers shall be eligible for may be transferred to ‘‘Medical services’’, to re- vivors shall be transferred to and merged with incentives pursuant to this paragraph only for main available until expended for the purposes amounts available under the ‘‘Compensation the period of time that they serve in designated of that account: Provided, That, for fiscal year and pensions’’ account, and receipts that would areas. 2010, $200,000,000 deposited in the Department of otherwise be credited to the accounts established (2)(A) Of the amount made available by this Veterans Affairs Medical Care Collections Fund for the payment of benefits under the Reinstated title for the Veterans Health Administration shall be transferred to ‘‘Medical Facilities’’, to Entitlement Program for Survivors program under the heading ‘‘MEDICAL SUPPORT AND COM- remain available until expended, for non-recur- shall be credited to amounts available under the PLIANCE’’, $1,500,000 shall be available to allow ring maintenance at existing Veterans Health ‘‘Compensation and pensions’’ account. the Secretary of Veterans Affairs to offer incen- Administration medical facilities: Provided fur- SEC. 223. The Department shall continue re- tives to qualified health care administrators ther, That the allocation of amounts transferred search into Gulf War illness at levels not less working in underserved rural areas designated to ‘‘Medical Facilities’’ under the preceding pro- than those made available in fiscal year 2009, by the Veterans Health Administration, in addi- viso shall not be subject to the Veterans Equi- within available funds contained in this Act. tion to amounts otherwise available for other table Resource Allocation formula. SEC. 224. (a) Upon a determination by the Sec- pay and incentives. (B) Health care administrators shall be eligi- SEC. 216. The Secretary of Veterans Affairs retary of Veterans Affairs that such action is in may enter into agreements with Community the national interest, and will have a direct ben- ble for incentives pursuant to this paragraph Health Centers in rural Alaska, Indian tribes efit for veterans through increased access to only for the period of time that they serve in and tribal organizations which are party to the treatment, the Secretary of Veterans Affairs designated areas. (b) Not later than March 31, 2010, the Sec- Alaska Native Health Compact with the Indian may transfer not more than $5,000,000 to the retary of Veterans Affairs shall submit to the Health Service, and Indian tribes and tribal or- Secretary of Health and Human Services for the Committees on Veterans’ Affairs and Appropria- ganizations serving rural Alaska which have Graduate Psychology Education Program, tions of the Senate and the House of Represent- entered into contracts with the Indian Health which includes treatment of veterans, to support atives a report detailing the number of new em- Service under the Indian Self Determination increased training of psychologists skilled in the ployees receiving incentives under the pilot pro- and Educational Assistance Act, to provide treatment of post-traumatic stress disorder, gram established pursuant to this section, de- healthcare, including behavioral health and traumatic brain injury, and related disorders. scribing the potential for retaining those em- dental care. The Secretary shall require partici- (b) The Secretary of Health and Human Serv- ployees, and explaining the structure of the pro- pating veterans and facilities to comply with all ices may only use funds transferred under this gram. appropriate rules and regulations, as estab- section for the purposes described in subsection SEC. 231. (a) NAMING OF HEALTH CARE CEN- lished by the Secretary. The term ‘‘rural Alas- (a). TER.—Effective October 1, 2010, the North Chi- ka’’ shall mean those lands sited within the ex- (c) The Secretary of Veterans Affairs shall no- cago Veterans Affairs Medical Center located in ternal boundaries of the Alaska Native regions tify Congress of any such transfer of funds Lake County, Illinois, shall be known and des- specified in sections 7(a)(1)–(4) and (7)–(12) of under this section. ignated as the ‘‘Captain James A. Lovell Fed- EC. 225. None of the funds appropriated or the Alaska Native Claims Settlement Act, as S eral Health Care Center’’. amended (43 U.S.C. 1606), and those lands with- otherwise made available by this Act or any (b) REFERENCES.—Any reference to the med- in the Alaska Native regions specified in sec- other Act for the Department of Veterans Af- ical center referred to in subsection (a) in any tions 7(a)(5) and 7(a)(6) of the Alaska Native fairs may be used in a manner that is incon- law, regulation, map, document, record, or other Claims Settlement Act, as amended (43 U.S.C. sistent with— paper of the United States shall be considered to 1606), which are not within the boundaries of (1) section 842 of the Transportation, Treas- be a reference to the Captain James A. Lovell the Municipality of Anchorage, the Fairbanks ury, Housing and Urban Development, the Judi- Federal Health Care Center. North Star Borough, the Kenai Peninsula Bor- ciary, and Independent Agencies Appropriations SEC. 232. Section 315(b) of title 38, United ough or the Matanuska Susitna Borough. Act, 2006 (Public Law 109–115; 119 Stat. 2506); or States Code, is amended by striking ‘‘December (INCLUDING TRANSFER OF FUNDS) (2) section 8110(a)(5) of title 38, United States 31, 2009’’ and inserting ‘‘December 31, 2010’’. Code. SEC. 217. Such sums as may be deposited to SEC. 233. Of the amount appropriated or oth- SEC. 226. Of the amounts made available to the Department of Veterans Affairs Capital erwise made available by this title under the the Department of Veterans Affairs for fiscal Asset Fund pursuant to section 8118 of title 38, heading ‘‘MEDICAL SERVICES’’, $150,000,000 may year 2010, in this Act or any other Act, under United States Code, may be transferred to the be available for the grant program under section the ‘‘Medical Facilities’’ account for non-recur- ‘‘Construction, major projects’’ and ‘‘Construc- 2011 of title 38, United States Code, and per diem ring maintenance, not more than 20 percent of tion, minor projects’’ accounts, to remain avail- payments under section 2012 of such title. the funds made available shall be obligated dur- able until expended for the purposes of these ac- SEC. 234. Of the amounts appropriated or oth- ing the last 2 months of the fiscal year: Pro- counts. erwise made available by this title for the De- vided, That the Secretary may waive this re- SEC. 218. None of the funds made available in partment of Veterans Affairs, up to $5,000,000 quirement after providing written notice to the this title may be used to implement any policy may be available for the study required by sec- Committees on Appropriations of both Houses of prohibiting the Directors of the Veterans Inte- tion 1077 of the National Defense Authorization Congress. grated Services Networks from conducting out- Act for Fiscal Year 2010. SEC. 227. Section 1925(d)(3) of title 38, United reach or marketing to enroll new veterans with- SEC. 235. (a) CAMPUS OUTREACH AND SERVICES States Code, is amended by striking ‘‘appropria- in their respective Networks. FOR MENTAL HEALTH AND NEUROLOGICAL CON- tion ‘General Operating Expenses, Department SEC. 219. The Secretary of Veterans Affairs DITIONS.—Of the amounts appropriated or oth- of Veterans Affairs’ ’’, and inserting ‘‘appro- shall submit to the Committees on Appropria- erwise made available by this title, $5,000,000 priations for ‘General Operating Expenses and tions of both Houses of Congress a quarterly re- may be available to conduct outreach to and Information Technology Systems, Department of port on the financial status of the Veterans provide services at institutions of higher edu- Veterans Affairs’ ’’. Health Administration. cation to ensure that veterans enrolled in pro- SEC. 228. Section 1922(a) of title 38, United grams of education at such institutions have in- (INCLUDING TRANSFER OF FUNDS) States Code, is amended by striking ‘‘(5) admin- formation on and access to care and services for SEC. 220. Amounts made available under the istrative costs to the Government for the costs neurological and psychological issues. ‘‘Medical services’’, ‘‘Medical support and com- of’’, and inserting ‘‘(5) administrative support (b) SUPPLEMENT NOT SUPPLANT.—The amount pliance’’, ‘‘Medical facilities’’, ‘‘General oper- performed by General Operating Expenses and described in subsection (a) for the purposes de- ating expenses’’, and ‘‘National Cemetery Ad- Information Technology Systems, Department of scribed in such subsection is in addition to ministration’’ accounts for fiscal year 2010, may Veterans Affairs, for’’. amounts otherwise appropriated or made avail- be transferred to or from the ‘‘Information tech- SEC. 229. (a) ADDITIONAL AMOUNT FOR STATE able for readjustment counseling and related nology systems’’ account: Provided, That before VETERANS CEMETERIES.—The amount appro- mental health services. a transfer may take place, the Secretary of Vet- priated by this title under the heading ‘‘GRANTS SEC. 236. In administering section 51.210(d) of erans Affairs shall request from the Committees FOR CONSTRUCTION OF STATE VETERANS CEME- title 38, Code of Federal Regulations, the Sec- on Appropriations of both Houses of Congress TERIES’’ is hereby increased by $4,000,000. retary of Veterans Affairs may permit a State the authority to make the transfer and an ap- (b) OFFSET.—The amount appropriated or home to provide services to, in addition to non- proval is issued. otherwise made available by this title under the veterans described in such section, a non-vet- SEC. 221. Amounts made available for the ‘‘In- heading ‘‘GENERAL OPERATING EXPENSES’’ is eran any of whose children died while serving formation technology systems’’ account may be hereby decreased by $4,000,000. in the Armed Forces, as long as such services transferred between projects: Provided, That no SEC. 230. (a)(1)(A) Of the amount made avail- are not denied to a qualified veteran seeking project may be increased or decreased by more able by this title for the Veterans Health Admin- such services. than $1,000,000 of cost prior to submitting a re- istration under the heading ‘‘MEDICAL SERV- SEC. 237. (a) DESIGNATION OF ROBLEY REX DE- quest to the Committees on Appropriations of ICES’’, $1,500,000 shall be available to allow the PARTMENT OF VETERANS AFFAIRS MEDICAL CEN- both Houses of Congress to make the transfer Secretary of Veterans Affairs to offer incentives TER.—The Department of Veterans Affairs Med- and an approval is issued, or absent a response, to qualified health care providers working in ical Center in Louisville, Kentucky, and any a period of 30 days has elapsed. underserved rural areas designated by the Vet- successor to such medical center, shall after the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11507 date of the enactment of this Act be known and trauma, traumatic brain injury (TBI), and other resentation expenses; and insurance of official designated as the ‘‘Robley Rex Department of combat-related conditions. motor vehicles in foreign countries, when re- Veterans Affairs Medical Center’’. (2) Whether women veterans with combat quired by law of such countries, $63,549,000, to (b) REFERENCES.—Any reference in any law, stress are being properly adjudicated as service- remain available until expended. regulation, map, document, record, or other connected disabled by the Department for pur- FOREIGN CURRENCY FLUCTUATIONS ACCOUNT paper of the United States to the medical center poses of veterans disability benefits for combat For necessary expenses, not otherwise pro- referred to in subsection (a) shall be considered stress. vided for, of the American Battle Monuments to be a reference to the Robley Rex Department (3) Whether the Veterans Benefits Administra- Commission, such sums as may be necessary, to of Veterans Affairs Medical Center. tion has developed and disseminated to per- remain available until expended, for purposes SEC. 238. (a) ADDITIONAL AMOUNT FOR HOME- sonnel who adjudicate disability claims ref- authorized by section 2109 of title 36, United LESS VETERANS COMPREHENSIVE SERVICE PRO- erence materials that thoroughly and effectively States Code. GRAMS AND HOUSING ASSISTANCE AND SUP- address the management of claims of women vet- PORTIVE SERVICES.—The amount appropriated erans involving military-related sexual trauma. UNITED STATES COURT OF APPEALS FOR VETERANS by this title under the heading ‘‘MEDICAL SERV- (4) The feasibility and advisability of requir- CLAIMS ICES’’ under the heading ‘‘VETERANS HEALTH ing training and testing on military-related sex- SALARIES AND EXPENSES ADMINISTRATION’’ is increased by $750,000, with ual trauma matters as part of a certification of For necessary expenses for the operation of the amount of the increase to be available for Veterans Benefits Administration personnel who the United States Court of Appeals for Veterans the following: adjudicate disability claims involving post-trau- Claims as authorized by sections 7251 through (1) The grant program under section 2011 of matic stress disorder. 7298 of title 38, United States Code, $27,115,000, title 38, United States Code. (5) Such other matters as the Inspector Gen- of which $1,820,000 shall be available for the (2) Per diem payments under section 2012 of eral considers appropriate. purpose of providing financial assistance as de- such title. (c) REPORTS.— scribed, and in accordance with the process and (3) Housing assistance and supportive services (1) INTERIM REPORT.—Not later than 180 days reporting procedures set forth, under this head- under subchapter V of chapter 20 of such title. after the date of the enactment of this Act, the ing in Public Law 102–229. (b) OFFSET.—The amount appropriated or Inspector General shall submit to the Secretary DEPARTMENT OF DEFENSE—CIVIL otherwise made available by this title under the of Veterans Affairs, and to the appropriate com- CEMETERIAL EXPENSES, ARMY heading ‘‘GENERAL OPERATING EXPENSES’’ under mittees of Congress, a report setting forth the the heading ‘‘DEPARTMENTAL ADMINISTRATION’’ plan of the Inspector General for the study re- SALARIES AND EXPENSES is decreased by $750,000. quired by subsection (a), together with such in- For necessary expenses, as authorized by law, SEC. 239. (a) MODIFICATION ON RESTRICTION terim findings as the Inspector General has for maintenance, operation, and improvement of OF ALIENATION OF CERTAIN REAL PROPERTY IN made as of the date of the report as a result of Arlington National Cemetery and Soldiers’ and GULFPORT, MISSISSIPPI.—Section 2703(b) of the the study. Airmen’s Home National Cemetery, including Emergency Supplemental Appropriations Act for (2) FINAL REPORT.—Not later than one year the purchase of two passenger motor vehicles for Defense, the Global War on Terror, and Hurri- after the date of the enactment of this Act, the replacement only, and not to exceed $1,000 for cane Recovery, 2006 (Public Law 109–234; 120 Inspector General shall submit to the Secretary, official reception and representation expenses, Stat. 469), as amended by section 231 of the Mili- and Congress, then the Secretary shall make $37,200,000, to remain available until expended. tary Construction and Veterans Affairs and Re- recommendations for legislative or administra- In addition, such sums as may be necessary for lated Agencies Appropriations Act, 2009 (divi- tive action. parking maintenance, repairs and replacement, sion E of Public Law 110–329; 122 Stat. 3713), is (3) APPROPRIATE COMMITTEES OF CONGRESS to be derived from the Lease of Department of further amended by inserting after ‘‘the City of DEFINED.—In this subsection, the term ‘‘appro- Defense Real Property for Defense Agencies ac- Gulfport’’ the following: ‘‘, or its urban renewal priate committees of Congress’’ means— count. agency,’’. (A) the Committees on Appropriations and Funds appropriated under this Act may be (b) MEMORIALIZATION OF MODIFICATION.—The Veterans’ Affairs of the Senate; and provided to Arlington County, Virginia, for the Secretary of Veterans Affairs shall take appro- (B) the Committees on Appropriations and relocation of the federally owned water main at priate actions to modify the quitclaim deeds exe- Veterans’ Affairs of the House of Representa- Arlington National Cemetery making additional cuted to effectuate the conveyance authorized tives. land available for ground burials. by section 2703 of the Emergency Supplemental SEC. 243. (a) STUDY ON IMPROVEMENTS TO IN- ARMED FORCES RETIREMENT HOME Appropriations Act for Defense, the Global War FORMATION TECHNOLOGY INFRASTRUCTURE TRUST FUND on Terror, and Hurricane Recovery, 2006 in NEEDED TO FURNISH HEALTH CARE SERVICES TO order to accurately reflect and memorialize the For expenses necessary for the Armed Forces VETERANS USING TELEHEALTH PLATFORMS.—The Retirement Home to operate and maintain the amendment made by subsection (a). Secretary of Veterans Affairs shall carry out a SEC. 240. (a)(1) The amount appropriated or Armed Forces Retirement Home—Washington, study to identify the improvements to the infra- otherwise made available by this title under the District of Columbia, and the Armed Forces Re- structure of the Department of Veterans Affairs heading ‘‘CONSTRUCTION, MINOR PROJECTS’’ is tirement Home—Gulfport, Mississippi, to be paid that are required to furnish health care services hereby increased by $50,000,000. from funds available in the Armed Forces Re- to veterans using telehealth platforms. (2) Of the amount appropriated or otherwise tirement Home Trust Fund, $134,000,000, of (b) AVAILABILITY OF FUNDS.—The amounts made available by this title under the heading which $72,000,000 shall remain available until appropriated or otherwise made available by ‘‘CONSTRUCTION, MINOR PROJECTS’’, as increased expended for construction and renovation of the this title under the headings ‘‘DEPARTMENTAL by paragraph (1), $50,000,000 shall be available physical plants at the Armed Forces Retirement ADMINISTRATION’’ and ‘‘INFORMATION TECH- for renovation of Department of Veterans Af- Home—Washington, District of Columbia, and NOLOGY SYSTEMS’’ shall be available to the Sec- fairs buildings for the purpose of converting un- the Armed Forces Retirement Home—Gulfport, retary of Veterans Affairs to carry out the study used structures into housing with supportive Mississippi. required by subsection (a). services for homeless veterans. TITLE IV SEC. 244. Of the amounts appropriated or oth- (b) The amount appropriated or otherwise erwise made available by this title under the OVERSEAS CONTINGENCIES OPERATIONS made available by title I under the heading headings ‘‘VETERANS HEALTH ADMINISTRATION’’ MILITARY CONSTRUCTION ‘‘HOMEOWNERS ASSISTANCE FUND’’ is hereby re- and ‘‘MEDICAL SERVICES’’, $1,000,000 may be duced by $50,000,000. MILITARY CONSTRUCTION, ARMY available for education debt reduction under SEC. 241. Of the amounts appropriated or oth- For an additional amount for ‘‘Military Con- erwise made available by this title, the Secretary subchapter VII of chapter 76 of title 38, United struction, Army’’, $924,484,000, to remain avail- shall award $5,000,000 in competitively-awarded States Code, for mental health care profes- able until September 30, 2012: Provided, That grants to State and local government entities or sionals who agree to employment at the Depart- notwithstanding any other provision of law, their designees with a demonstrated record of ment of Veterans Affairs. such funds may be obligated and expended to serving veterans to conduct outreach to ensure TITLE III carry out planning and design and military con- that veterans in under-served areas receive the RELATED AGENCIES struction projects not otherwise authorized by care and benefits for which they are eligible. AMERICAN BATTLE MONUMENTS COMMISSION law. SEC. 242. (a) STUDY ON CAPACITY OF DEPART- MILITARY CONSTRUCTION, AIR FORCE MENT OF VETERANS AFFAIRS TO ADDRESS COM- SALARIES AND EXPENSES For an additional amount for ‘‘Military Con- BAT STRESS IN WOMEN VETERANS.—The Inspec- For necessary expenses, not otherwise pro- struction, Air Force’’, $474,500,000, to remain tor General of the Department of Veterans Af- vided for, of the American Battle Monuments available until September 30, 2012: Provided, fairs shall carry out a study to assess the capac- Commission, including the acquisition of land or That notwithstanding any other provision of ity of the Department of Veterans Affairs to ad- interest in land in foreign countries; purchases law, such funds may be obligated and expended dress combat stress in women veterans. and repair of uniforms for caretakers of na- to carry out planning and design and military (b) ELEMENTS.—In carrying out the study re- tional cemeteries and monuments outside of the construction projects not otherwise authorized quired by subsection (a), the Inspector General United States and its territories and possessions; by law. shall consider the following: rent of office and garage space in foreign coun- (1) Whether women veterans are properly tries; purchase (one-for-one replacement basis ADMINISTRATIVE PROVISION evaluated by the Department for post-traumatic only) and hire of passenger motor vehicles; not SEC. 401. (a)(1) The amount appropriated or stress disorder (PTSD), military-related sexual to exceed $7,500 for official reception and rep- otherwise made available by this title under the

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 6333 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11508 CONGRESSIONAL RECORD — SENATE November 18, 2009

heading ‘‘MILITARY CONSTRUCTION, ARMY’’ and and the Federal Medical Care Recovery Act (42 (2) the report contains proprietary informa- available for a dining hall project at Forward U.S.C. 2651 et seq.); $5,307,000,000, plus reim- tion. Operating Base Dwyer is hereby increased by bursements, which shall become available on SEC. 609. None of the funds made available $4,400,000. October 1, 2010, and shall remain available under this Act may be distributed to the Asso- (2) The amount appropriated or otherwise through September 30, 2011. ciation of Community Organizations for Reform made available by this title under the heading MEDICAL FACILITIES Now (ACORN) or its subsidiaries. This Act may be cited as the ‘‘Military Con- ‘‘MILITARY CONSTRUCTION, ARMY’’ and avail- For necessary expenses for the maintenance struction and Veterans Affairs and Related able for a dining hall project at Forward Oper- and operation of hospitals, nursing homes, and Agencies Appropriations Act, 2010’’. ating Base Maywand is hereby reduced by domiciliary facilities and other necessary facili- $4,400,000. ties of the Veterans Health Administration; for f (b)(1) The amount appropriated or otherwise administrative expenses in support of planning, made available by this title under the heading AMERICAN EDUCATION WEEK design, project management, real property ac- ‘‘MILITARY CONSTRUCTION, ARMY’’ and avail- quisition and disposition, construction, and ren- Ms. CANTWELL. Mr. President, I ask able for a dining hall project at Forward Oper- ovation of any facility under the jurisdiction or unanimous consent that the HELP ating Base Wolverine is hereby increased by for the use of the Department; for oversight, en- Committee be discharged from further $2,150,000. gineering, and architectural activities not consideration of S. Res. 353 and the (2) The amount appropriated or otherwise charged to project costs; for repairing, altering, made available by this title under the heading Senate proceed to its immediate con- improving, or providing facilities in the several ‘‘MILITARY CONSTRUCTION, ARMY’’ and avail- sideration. hospitals and homes under the jurisdiction of able for a dining hall project at Forward Oper- The PRESIDING OFFICER. Without the Department, not otherwise provided for, ei- ating Base Tarin Kowt is hereby reduced by objection, it is so ordered. The clerk ther by contract or by the hire of temporary em- $2,150,000. will report the resolution by title. ployees and purchase of materials; for leases of SEC. 402. Amounts appropriated or otherwise The legislative clerk read as follows: facilities; and for laundry services, made available by this title are designated as $5,740,000,000, plus reimbursements, which shall A resolution (S. Res. 353) supporting the being for overseas deployments and other activi- become available on October 1, 2010, and shall goals and ideals of ‘‘American Education ties pursuant to sections 401(c)(4) and 423(a)(1) remain available through September 30, 2011. Week.’’ of S. Con. Res. 13 (111th Congress), the concur- There being no objection, the Senate rent resolution on the budget for fiscal year TITLE VI 2010. GENERAL PROVISIONS proceeded to consider the resolution. Ms. CANTWELL. I ask unanimous SEC. 601. No part of any appropriation con- TITLE V consent that the resolution be agreed DEPARTMENT OF VETERANS AFFAIRS tained in this Act shall remain available for obligation beyond the current fiscal year unless to, the preamble be agreed to, the mo- VETERANS HEALTH ADMINISTRATION expressly so provided herein. tions to reconsider be laid upon the MEDICAL SERVICES SEC. 602. Such sums as may be necessary for table, with no intervening action or de- For necessary expenses for furnishing, as au- fiscal year 2010 for pay raises for programs bate, and any statement related to the thorized by law, inpatient and outpatient care funded by this Act shall be absorbed within the resolution be printed in the RECORD. and treatment to beneficiaries of the Depart- levels appropriated in this Act. The PRESIDING OFFICER. Without ment of Veterans Affairs and veterans described SEC. 603. None of the funds made available in objection, it is so ordered. this Act may be used for any program, project, in section 1705(a) of title 38, United States Code, The resolution (S. Res. 353) was including care and treatment in facilities not or activity, when it is made known to the Fed- under the jurisdiction of the Department, and eral entity or official to which the funds are agreed to. including medical supplies and equipment, food made available that the program, project, or ac- The preamble was agreed to. services, and salaries and expenses of tivity is not in compliance with any Federal law The resolution, with its preamble, healthcare employees hired under title 38, relating to risk assessment, the protection of pri- reads as follows: United States Code, and aid to State homes as vate property rights, or unfunded mandates. S. RES. 353 authorized by section 1741 of title 38, United SEC. 604. No part of any funds appropriated Whereas the National Education Associa- States Code; $37,136,000,000, plus reimburse- in this Act shall be used by an agency of the ex- tion has designated November 15 through No- ments, which shall become available on October ecutive branch, other than for normal and rec- vember 21, 2009, as the 88th annual observ- 1, 2010, and shall remain available through Sep- ognized executive-legislative relationships, for ance of ‘‘American Education Week’’; tember 30, 2011: Provided, That, notwith- publicity or propaganda purposes, and for the Whereas public schools are the backbone of standing any other provision of law, the Sec- preparation, distribution, or use of any kit, democracy in the United States, providing retary of Veterans Affairs shall establish a pri- pamphlet, booklet, publication, radio, television, young people with the tools needed to main- ority for the provision of medical treatment for or film presentation designed to support or de- tain the precious values of freedom, civility, veterans who have service-connected disabil- feat legislation pending before Congress, except and equality in our Nation; ities, lower income, or have special needs: Pro- in presentation to Congress itself. Whereas by equipping young people in the vided further, That, notwithstanding any other SEC. 605. All departments and agencies funded United States with both practical skills and provision of law, the Secretary of Veterans Af- under this Act are encouraged, within the limits broader intellectual abilities, public schools fairs shall give priority funding for the provi- of the existing statutory authorities and fund- give young people hope for, and access to, a sion of basic medical benefits to veterans in ening, to expand their use of ‘‘E-Commerce’’ tech- productive future; rollment priority groups 1 through 6: Provided nologies and procedures in the conduct of their Whereas people working in the field of pub- further, That, notwithstanding any other provi- business practices and public service activities. lic education, including teachers, higher edu- SEC. 606. None of the funds made available in sion of law, the Secretary of Veterans Affairs cation faculty and staff, custodians, sub- this Act may be transferred to any department, may authorize the dispensing of prescription stitute educators, bus drivers, clerical work- agency, or instrumentality of the United States drugs from Veterans Health Administration fa- ers, food service professionals, workers in Government except pursuant to a transfer made cilities to enrolled veterans with privately writ- skilled trades, health and student service by, or transfer authority provided in, this or ten prescriptions based on requirements estab- workers, security guards, technical employ- any other appropriations Act. lished by the Secretary: Provided further, That ees, and librarians, work tirelessly to serve SEC. 607. Unless stated otherwise, all reports the implementation of the program described in children and communities throughout the and notifications required by this Act shall be the previous proviso shall incur no additional Nation with care and professionalism; and submitted to the Subcommittee on Military Con- cost to the Department of Veterans Affairs: Pro- Whereas public schools are community struction, Veterans Affairs, and Related Agen- vided further, That for the Department of De- linchpins, bringing together adults, children, cies of the Committee on Appropriations of the fense/Department of Veterans Affairs Health educators, volunteers, business leaders, and House of Representatives and the Subcommittee Care Sharing Incentive Fund, as authorized by elected officials in a common enterprise: on Military Construction, Veterans Affairs, and section 8111(d) of title 38, United States Code, a Now, therefore, be it Related Agencies of the Committee on Appro- minimum of $15,000,000, to remain available Resolved, That the Senate— until expended, for any purpose authorized by priations of the Senate. (1) supports the goals and ideals of ‘‘Amer- SEC. 608. (a) Notwithstanding any other provi- section 8111 of title 38, United States Code. ican Education Week’’; and sion of this Act and except as provided in sub- (2) encourages the people of the United MEDICAL SUPPORT AND COMPLIANCE section (b), any report required to be submitted States to observe ‘‘American Education For necessary expenses in the administration by a Federal agency or department to the Com- Week’’ by reflecting on the positive impact of the medical, hospital, nursing home, domi- mittee on Appropriations of either the Senate or of all those who work together to educate ciliary, construction, supply, and research ac- the House of Representatives in this Act shall be children. tivities, as authorized by law; administrative ex- posted on the public website of that agency penses in support of capital policy activities; upon receipt by the committee. f and administrative and legal expenses of the (b) Subsection (a) shall not apply to a report APPOINTMENT Department for collecting and recovering if— amounts owed the Department as authorized (1) the public posting of the report com- The PRESIDING OFFICER. The under chapter 17 of title 38, United States Code, promises national security; or Chair, on behalf of the majority leader,

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11509 pursuant to Public Law 105–83, an- leagues had time set aside and had the dicial nominees the way they would nounces the appointment of the fol- opportunity to debate this matter. want them treated if the roles were re- lowing individual to serve as a member Judge Hamilton’s judicial philosophy versed.’’ of the National Council of the Arts: the and record as a district judge were Let’s take a look at the way Presi- Honorable CLAIRE MCCASKILL of Mis- problematic. There are important mat- dent Bush’s judicial nominees were souri. ters involved considering the fact that treated by the Democratic majority. Senator REID complained that Judge f President Obama has nominated him to serve on the Court of Appeals for the Hamilton, the judge before us tonight— ORDERS FOR THURSDAY, Seventh Circuit. It is worthy of serious tomorrow—waited 166 days for this NOVEMBER 19, 2009 consideration, this lifetime appoint- vote. If Republicans followed Senator Ms. CANTWELL. Mr. President, I ask ment. REID’s version of the Golden Rule, unanimous consent that when the Sen- Yesterday, 28 Senators joined me in would he have been confirmed earlier? ate completes its business today, it ad- voting against cloture. I believe they No. Judge Hamilton would have waited journ until 9:30 a.m. tomorrow, Thurs- voted no on cloture for a number of at least another year and a half before day, November 19; that following the reasons. The first is the one I have just he received consideration on the Sen- prayer and pledge, the Journal of pro- mentioned. Cloture is generally re- ate floor. That is exactly how Presi- ceedings be approved to date, the served to end a prolonged debate, and dent Bush’s nominees were treated for morning hour be deemed expired, the Senator REID filed cloture without any the first group of nominees he sub- time for the two leaders be reserved for debate, before debate had really begun. mitted to the circuit courts. their use later in the day, and the Sen- The second is that Judge Hamilton’s Priscilla Owen, a fabulous judge at ate proceed to a period of morning judicial philosophy is outside the the Supreme Court of Texas, John Rob- business for 1 hour, with Senators per- mainstream—I think well outside the erts, now on the Supreme Court of the mitted to speak therein for up to 10 mainstream. As I have said before, if a United States, and Deborah Cook all minutes each, with the time equally di- judge is not committed to following waited 2 years before receiving a con- vided and controlled between the two the law whether they like it or not, firmation vote. Yesterday Senator REID leaders or their designees, with the ma- then that person is not qualified to be said: jority controlling the first half and the a judge. They may be a good advocate, It’s really unfortunate we have to file cloture on a judge. Republicans controlling the final half; but a judge must, by definition, be im- that following morning business, the partial. Really unfortunate that we have to Senate proceed to the consideration of I think there will be more people vot- file cloture on a judge? As if this was Calendar No. 190, S. 1963, the Care- ing against Judge Hamilton’s nomina- something that had never been done givers and Veterans Omnibus Health tion than voted against cloture—the 29 before. Indeed, during the Bush admin- Services Act Of 2009, as provided for who voted yesterday. I think we need istration, cloture had to be filed on at under the previous order. to spend some time talking about his least 17 different judicial nominees be- The PRESIDING OFFICER. Without record and his judicial philosophy. cause Senator REID was leading filibus- I do not have anything against Judge objection, it is so ordered. ters himself. The majority leader com- Hamilton. I understand he may be a plains he could not get a time agree- f fine person, and I really mean that. ment. But he never offered a reason- PROGRAM But there is afoot in this country a able amount of time. I believe there philosophy of judging, an approach to were discussions about 30 hours of de- Ms. CANTWELL. Mr. President, at law that I think is dangerous and bate, which was rejected. Senator REID 2:30 p.m. tomorrow the Senate will pro- strikes at the very heart of the clas- said he was stunned that some people ceed to a series of three rollcall votes. sical American judicial philosophy and believed there was not enough time to The votes will be on the confirmation legal system that has served us so well. debate the nomination when no debate of the nomination of David Hamilton So that is what this is about. If judges had been had. to be a U.S. circuit judge for the Sev- have the wrong philosophy as they ap- He accused Republicans of not enter- enth Circuit; in relation to the Coburn proach the bench about how they ing into a time agreement. But as I amendment No. 2785, relating to spend- should go about deciding cases, then said Monday, Senator REID has a short ing priorities; and passage of S. 1963, that can disqualify them. memory. When Senator REID was in the the Caregivers and Veterans Omnibus As Senators, we each have a right to middle of filibustering Priscilla Owen, Health Services Act, as amended, if express our opinion on whether we be- Senator BENNETT made a unanimous amended. lieve a nominee is qualified and should consent request that the Senate spend Finally, I ask unanimous consent be confirmed or not elevated to a high- 10 hours more debating the nomination that following the remarks of Senator er court, but the American people ex- and then vote. Senator REID objected. SESSIONS, Senator HARKIN, and Senator pect we will not misrepresent the facts. When Senator BENNETT asked how ALEXANDER, the Senate adjourn under Let’s be fair to this nominee, and let’s much time would be sufficient to de- the previous order. not in any way misrepresent who he is bate the Priscilla Owen nomination, The PRESIDING OFFICER. Without and what he did and what his philos- Senator REID responded by saying: objection, it is so ordered. ophy is. I intend to be fair to him. I [T]here is not a number of [hours] in the The Senator from Alabama is recog- think any nominee is entitled to that. universe that would be sufficient. nized. Even though I might be a critic, I Later Senator MCCONNELL sought a f should not be inaccurate in what I say. time agreement on Judge Owen. Sen- In this case, I think the facts have ator REID responded by saying: NOMINATION OF DAVID HAMILTON been misrepresented by others, and I We would not agree to a time agreement Mr. SESSIONS. Mr. President, I want to correct the record on some of . . . of any duration. thank Senator CANTWELL. I appreciate the issues, where it has been suggested Yesterday Senator REID said: her courtesy. I just want to share a few that I or others have been incorrect or The Democratic majority in the Senate remarks tonight. unfair in our criticism. Accuracy goes confirmed three times as many nominees We are now postcloture on the nomi- both ways. If you are for a judge and [under President Bush] as we have been able nation of Judge David Hamilton to the want to move him forward, OK, let’s be to confirm in the same amount of time under circuit court of appeals. Cloture is a accurate. Those who are opposed to President Obama. procedure in the Senate generally used him, you must be restrained and accu- Senator REID left out the fact that to end a prolonged debate. The major- rate also. Democrats filibustered more than ity leader, Senator REID, filed cloture Yesterday on the floor of the Senate, three times as many nominees under on Judge Hamilton, however, before the majority leader, Senator REID, in- President Bush. Indeed, there were 30 there had been even 1 hour of debate on voked the Golden Rule. He said that cloture votes on 17 different judicial the nomination. The cloture motion when he became majority leader, he nominations during the Bush adminis- was filed before I or any of my col- sought to ‘‘treat [President Bush’s] ju- tration. There were 1,044 total votes

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11510 CONGRESSIONAL RECORD — SENATE November 18, 2009 against two filibustered President We let them go through. That is how through their decisions, when the Con- Bush’s nominees. The Democrats, President Bush’s nominees were treat- stitution itself provides only one meth- under Senator REID’s leadership, cast ed. I am not exaggerating. I was there. od to amend the Constitution, then 99.9 percent of those votes. Those are the facts. that makes the person one who is not Yesterday Senator REID talked about I will express my opinion in more de- qualified to be on the bench. the Senate and the legal precedent and tail when I vote against Judge Ham- So it is a big deal. We love the Amer- advocated that Republicans follow Sen- ilton. I have a right to do that, as does ican legal system. I so truly admire it. ate precedent in judicial confirma- every Member. But I do not have a It is based on a firm commitment to tions. Ironically, that is exactly what right to misrepresent the facts, and I the rule of law. The oath judges take Senate Republicans asked Senator try to be accurate in what I say. If I am that they will impartially apply the REID to do during the Bush administra- in error, I look forward to being cor- law—not allow their personal views but tion. There had been 214 years of prece- rected. I hope my colleagues will start impartially do it—that they will do dent of not filibustering judges. Yet making an effort to do that. equal justice to the poor and to the Senator REID voted more than 20 times The way this happened was this: rich, that they will serve under the to filibuster President Bush’s judges. After President Bush was elected, the Constitution and laws of the United Everyone knows that in a court of law, Democrats met with Marcia Greenberg States—and not above them—that is you follow the most recent precedent, and Lawrence Tribe and Cass Sunstein. the essence of it. and the most recent precedent was es- They came up with a new idea. They I think a judge who cannot follow tablished last time in the Bush admin- said: We are going to change the that oath they must take, one whose istration by the Democrats in this ground rules. We no longer are not philosophy indicates they are not com- body. going to filibuster, as has been done in mitted to that oath, is not qualified. the history of the Senate. We are going I thank the Chair and yield the floor. Yesterday Senator REID also said the The PRESIDING OFFICER. The Sen- following: to do anything we can to block in committee and on the floor good nominees. ator from Iowa. I want to reiterate that every Senator may Mr. HARKIN. Mr. President, this vote for or against Judge Hamilton’s nomi- We had some fabulous nominees, such as Priscilla Owen, Bill Pryor. These are body often finds itself divided. But nation as he or she sees fit. That’s what we today we are united in our respect and do here, but that is not the issue before us brilliant lawyers, proven people. They affection for the senior Senator from today. The question before us is whether the were rated highly by the American Bar West Virginia, ROBERT BYRD. I join President of the United States deserves to Association. There was strong support with my colleagues in congratulating have his nomination reviewed by the Senate in their home States and communities. him on yet another historic milestone: as the Constitution demands he does. They were blocked for months, even becoming the longest serving Member The fact is that Senator REID did not years before they could get a vote. feel that way about Terrence Boyle of Congress. Some got through, and some did not. But I hasten to add that to salute who was nominated by President Bush My personal view is that the Presi- Senator BYRD only for his remarkable for the Fourth Circuit Court of Appeals dent deserves deference in his nomi- and languished for close to 8 years longevity is to really kind of miss the nees. I fully expect and hope to be able point. The measure of a Senator is not without ever receiving a confirmation to vote for 90 percent of President vote, even though he passed out of the just how many years he or she serves Obama’s nominees. I voted for well but the quality and the consequences Senate Judiciary Committee with a over 90 percent of President Clinton’s of that service. That is where Senator majority vote. He did not feel that way nominees. But I am not a rubberstamp. BYRD has truly distinguished himself about President Bush’s nominee, the I am not going to vote for a judge who in Congress over the last 20,774 days. superb legal mind of Miguel Estrada, I believe, by virtue of their stated judi- The ‘‘Almanac of American Politics’’ unanimously voted well qualified by cial philosophy, thinks a judge has the says, ROBERT BYRD ‘‘may come closer the American Bar Association. He was right to write footnotes to the Con- to the kind of Senator the Founding filibustered through seven cloture stitution, as Judge Hamilton has said, Fathers had in mind than any other.’’ I votes and was never confirmed, a fabu- who blocks legislation for 7 years and could not agree more. He is a person of lous nominee to the court of appeals has to be finally slapped down hard by wise and mature judgment, a patriot and one capable of being on any short the court of appeals because apparently with a deep love of country. He is pas- list for the Supreme Court. Or what he didn’t appreciate the State of Indi- sionately loyal to the Constitution, about Charles Pickering who was fili- ana’s passage of a law on informed con- and a fierce defender of the role and bustered and never confirmed; Carolyn sent. He kept that bottled up for 7 prerogatives of Congress, the Senate in Kuhl who was filibustered and never years. And how much Indiana had to particular. confirmed; William Myers who was fili- spend on legal fees, and how much of Senator BYRD was once asked how bustered and never confirmed; Hanry the will of the people was frustrated by many Presidents he has served under. Saad who was filibustered and never one unelected, lifetime-appointed judge He answered he had not served ‘‘under’’ confirmed; William Haynes who was I do not know, but it was significant. any President, but he has served filibustered and never confirmed? So those are the issues we will talk ‘‘with’’ 11 Presidents, as a proud Mem- What Senator REID meant to say was: about in more detail. But I did want to ber of a separate and coequal branch of Do not do unto me as I have done unto set the record straight that I do not government. you. You get it? Do not do unto me as like not moving forward with a judge During his more than 56 years in Con- I did to you. and giving them an up-or-down vote, gress, Senator BYRD has witnessed I don’t believe Senator REID or Presi- but after the 8 years of President Bush many changes. Our population has dent Obama would wish for us to return and the repeated filibusters that oc- grown by more than 125 million. There to the Democratic version of the Gold- curred then, I have to agree with a has been an explosion of new tech- en Rule. I don’t believe we intend to do number of my colleagues that, indeed, nologies. America has grown more that. Republicans have not held a pri- the Democrats did successfully change prosperous, more diverse, more power- vate retreat to figure out how to the standard in the Senate. We have to ful. change the ground rules and to block be careful about it. But they changed it But across those nearly six decades President Obama’s nominations. That to say that a filibuster is legitimate if of rapid change, there has been one is what the Democrats did. It was re- you believe, according to the Gang of constant: Senator BYRD’s tireless serv- ported in the New York Times. We 14, there are extraordinary cir- ice to his country, his passion for have not taken orders from outside cumstances. bringing new opportunities to the peo- groups to block nominees. We have not To me, a person can be honest and ple of West Virginia, and his dedication blocked nominees because we do not have integrity, but if they believe, as a to this branch of government, the U.S. want them to sit on a specific case, and philosophical approach to the law, they Congress, and especially to this House we had some of that in the past. We have the ability to write footnotes to of Congress, the U.S. Senate. have not attempted to filibuster a the Constitution, they have an ability Senator BYRD is a person of many ac- nominee in the Judiciary Committee. to actually amend the Constitution complishments and a rich legacy. But,

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11511 above all, in my brief time today I cation, and other forms of higher edu- completed work on a health care bill. want to focus on his commitment to cation. We have been waiting for that. It has improving K through 12 public edu- During my 25 years in this body, no been written behind closed doors in cation in the United States and ex- one has fought harder for public edu- Senator REID’s office for the last sev- panding access to higher education, es- cation than Senator ROBERT BYRD. As eral weeks, so we have not known ex- pecially for those of modest means. the longtime chairman and still the actly what might be in it. As my colleagues know, ROBERT C. senior member of the Appropriations We have had two pieces of legislation BYRD was raised in the hardscrabble Committee, he has been the champion from the Senate, one written by the coal fields of West Virginia. His family of education at every turn—fighting to HELP Committee, upon which I serve, was poor but rich in faith and values. reduce class sizes, improving teacher another one from the Finance Com- And his parents nurtured in young training, bringing new technologies mittee. Now a bill has come from the ROBERT BYRD a lifelong passion for into the classroom, boosting access to House of Representatives. It has actu- education and learning. higher education. ally been passed there. Now the Demo- He was valedictorian of his high In 1985, he created the only national cratic majority leader will be bringing school class but too poor to go to col- merit-based college scholarship pro- forward his version of the bill. The bill lege right away. Of course, that was in gram funded through the U.S. Depart- seems to grow each time we have a new the days before Pell grants and loans ment of Education. Congress later one—a little faster than the Federal and Byrd Scholarships. So he worked named them in his honor. Originally, debt grows even. This one seems to be as a shipyard welder and later as a the Byrd Scholarships consisted of a 1- another 2,000-page, trillion-dollar bill. But the point I want to make tonight butcher in a coal company town. It year $1,500 award to outstanding stu- is that the American people’s response took him 12 years to save enough dents. Today, Byrd Scholarships pro- to this work will be what all of ours money to even start college. vide grants of up to $6,000 over 4 years. should be: We want to read the bill. We He was a U.S. Senator when he later Senator BYRD is a great student of want to know what it costs. And we earned his law degree. No other Mem- literature, and I am sure he knows The want to make sure we have time to un- ber of Congress before or since has Canterbury Tales—a lot of it, probably, started and completed law school while derstand exactly how it affects the by heart. Describing the Clerk of Ox- health of each American. serving in the Congress. ford, Chaucer might just as well have But degrees do not begin to tell the This is the most personal kind of de- been describing ROBERT C. BYRD. Chau- bate we could have about the health of story of the education of ROBERT BYRD. cer wrote: every single American. It affects 17 He is the ultimate lifetime learner. It Filled with moral virtue was his speech; percent of our economy. It is a dra- is like for the last seven decades he has And gladly would he learn and gladly teach. matic proposal, an enormous amount been enrolled in the Robert C. Byrd Senator BYRD is a great Senator and of money, at a time when our debt has School of Continuing Education. a great American. He has both written reached $12 trillion. A great many Senator BYRD’s erudition has borne our Nation’s history and left his mark Americans are concerned about Wash- fruit in no less than nine books he has on it. It has been an honor to serve ington, DC, because we do not seem to written and published over the last two with my friend, my longtime chairman, have a check and a balance on the var- decades. We all know that he literally Senator BYRD, for the last 25 years. ious proposals for Washington take- wrote the book on the U.S. Senate—a Today, as he reaches yet another his- overs, more debt, more spending, more masterful four-volume history of this toric milestone that no other Member taxes. Tonight I would like to do a sim- institution that was an instant classic of Congress has ever achieved—and I ple thing, which is not to make a Re- that will bear the burdens of time. daresay probably no one ever will—we publican speech but to read a letter, or What my colleagues may not know is honor his service. And we express our parts of a letter, and insert it in the that he also authored a highly re- respect and our love for this remark- RECORD, that was written by eight spected history of the Roman Senate. able U.S. Senator. Democratic Senators on October 6 to Now, there are some who think ROBERT I yield the floor. Senator REID. BYRD served in the Roman Senate, but The PRESIDING OFFICER. The Sen- I think their words say a great deal that part of the Byrd legend just is not ator from Tennessee. about this bill and about how we so. should proceed on it. The letter is f I have talked at length about Sen- dated October 6, from eight Democratic ator BYRD’s education because this ex- CONGRATULATING SENATOR Senators. It says, in part: plains why he is so passionate about ROBERT C. BYRD Dear Leader REID: ensuring every American has access to . . . .Whether or not our constituents agree a quality public education—both K Mr. ALEXANDER. Mr. President, I with the direction of the debate, many are through 12 and higher education. am glad I had the opportunity to hear frustrated and lacking accurate information One thing Senator BYRD and I have in the comments of the Senator from on the emerging [health care] proposals in common—and we always kind of talk Iowa on Senator BYRD. We all have Congress. Without a doubt— about it when we get together—is we enormous respect for Senator BYRD. I Say these eight Democratic Sen- are the only two Senators whose fa- had a chance this morning to say a ators—— thers were actually coal miners. We are word about him and to reflect on, reforming health care in America is one of both the sons of coal miners, neither of among other things, that when I first the most monumental and far-reaching un- whom had very much formal education. came here as a young aide 42 years ago dertakings considered by this body in dec- My father only went to the 8th grade. to Senator Baker, Senator BYRD had ades. We believe the American public’s par- already been here for 10 years as a Sen- ticipation in this process is critical to our Actually, he only went to the 6th overall success of creating a bill that lowers grade, but we will not get into that. ator. health care costs and offers access to quality But, anyway, he said he went to the 8th So it is quite a span of history, and and affordable health care for all Americans. grade, but, like I said, I will not get all of us have many stories, including And then, if I may read a couple into that. But coming from a poor the instructions he would give us to more paragraphs from the letter from background, Senator BYRD believes, as stand behind our desk when we vote, these eight Democratic Senators to the I do, that a cardinal responsibility of and not work at the table when we pre- Democratic leader: government is to provide a ladder of side. He kept order in the Senate, and Every step of the process needs to be trans- opportunity so everyone, no matter we are grateful to him for that. parent, and information regarding the bill how humble their background, has a f needs to be readily available to our constitu- shot at the American dream. ents before the Senate starts to vote— Obviously, the most important rungs HEALTH CARE REFORM ‘‘to vote’’—— of that ladder of opportunity involve Mr. ALEXANDER. Mr. President, I on legislation that will affect the lives of education—beginning with quality K would like to say a word about health every American. through 12 public schools, and includ- care. The Democratic leader, Senator The eight Democratic Senators con- ing access to college, vocational edu- REID, today announced that he has tinue:

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11512 CONGRESSIONAL RECORD — SENATE November 18, 2009 The legislative text and complete budget Democrats’ proposals increase pre- some people, but I see a former mayor scores from the Congressional Budget Office miums, increase taxes, and cut Medi- in the Presiding Officer’s chair today. I of the health care legislation considered on care. Not only does it cut Medicare in won’t speak for him, but I know I used the Senate floor should be made available on a website the public can access for at least 72 the bills we have seen so far by $400 bil- to sit back there in Nashville and noth- hours prior to the first vote to proceed to the lion or $500 billion; it doesn’t spend it ing would make me madder than some legislation. on grandma, it spends it on somebody Member of Congress coming up with a Let me read that again. That is not else, even though the Medicare Pro- big idea, pass it into law, issue a press 40 Republicans—although all 40 of us gram, the trustees tell us, will begin to release, take credit for it, and send me agree with it—this is eight Democratic go broke by 2015. the bill when I was Governor. So all of Senators to the Democratic leader: There are some other problems with the other bills we have seen say, It is a ‘‘The legislative text,’’ No. 1, the ‘‘com- the bills we have seen before, so we great idea to expand Medicaid. We are would want to be able to ask these plete budget scores,’’ No. 2, ‘‘from the going to dump about 14 million more same questions about the new bill we Congressional Budget Office,’’ posted Americans in this program for low-in- haven’t yet seen but we are about to on ‘‘a website,’’ No. 3, for ‘‘72 hours’’ come Americans and we are going to see. before ‘‘the first vote to proceed on the send the bill for part of it to the State. legislation.’’ On Medicare, how big are the cuts? The distinguished Democratic lead- Then we hear in this new bill there are Well, our Democratic Governor er’s announcement was only made a Medicare taxes, new Medicare payroll thinks that is a bad idea, because our few minutes ago, but my understanding taxes. On which employees or which State, which is fiscally well managed— is we do not yet have a complete legis- employers? And if their taxes are Tennessee—and virtually every other lative text. Hopefully, that will come raised, are they spent to make Medi- State is having the worst time they tonight or in the morning. care solvent or are they spent on a new have had since the Great Depression in Second, I understand the estimates program? It is inconceivable to me that managing their resources. Here they from the Congressional Budget Office we could be even thinking about hav- have the Medicaid Program going up at are preliminary estimates. This letter ing savings in Medicare and spending it 8 percent a year, and they are cutting says: ‘‘complete budget scores.’’ We on something else when Medicare is higher education and other programs. know what a ‘‘complete budget score’’ about to go broke. That is what is going on in the States. Then there are some other questions. is around here. It was talked about in So we will have to ask the question: The Democratic leader said it doesn’t the Finance Committee debate. The Di- How much does this new bill transfer add to the debt. I hope he is right, but rector of the Congressional Budget Of- costs to the States? fice said a complete estimate of the we have questions to ask about that. health care bill would take about 2 Does his proposal include a full dealing There are a great many questions we weeks to do. So the question is, Do with the issue of physician reimburse- will need to ask, and they are appro- they have it? And then: ‘‘72 hours’’ be- ment? What we mean by that is when priate questions. The Republican lead- fore ‘‘the first vote to proceed.’’ we create these big government pro- er pointed out that when we did the So I think the eight Democratic Sen- grams, then some agency in Wash- farm bill, we talked for 4 weeks. We de- ators, along with all 40 Republican ington tells how much we can pay doc- bated, we had amendments, we came to Senators, have a bipartisan agreement tors for different services and how a conclusion, and we had a bipartisan here on how we should start this de- much we pay hospitals. Right now, in result. When we did No Child Left Be- bate. We want to be able to read it, we the government programs we have— hind, it was 7 weeks. I remember on the want to know what it costs, and we Medicare, for example—doctors are Energy bill of 2005, which put us on a want to see how it affects every Amer- only paid about 80 percent of what they new direction, Senator BINGAMAN and ican. That means, No. 1, a complete are paid for serving the roughly 200 Senator Domenici and others worked text. No holes, no ‘‘We will get back to million of us who have private plans. very hard on it, but on the floor it took you later’’ a complete text. No. 2, a And for those who are in Medicaid—low 8 or 9 weeks. We need to have a full dis- complete estimate. Those are these income; that is the largest government cussion of whatever bill finally comes words here: A complete estimate of the program—it is about 60 percent. Doc- to the floor, and this may be the bill. It cost and how it affects every American. tors are paid about 60 percent of what is at least 2,000 pages. It is at least $1 they were paid if they saw private phy- And third, for 72 hours on the Web site trillion. Maybe it is a good bill. But the sicians. Then, as a result, 50 percent of so not only we in the Senate but our American people will have a lot of doctors won’t see new people in that constituents, the people who expect us questions about whether their pre- Medicaid Program, which is why so to weigh in on this, have a chance to miums are going up instead of down, read it before we have our first vote, many people think: I am not so sure a new government-run program of insur- their taxes are going up instead of which I don’t think is scheduled. down; how much are the Medicare There is other language here, but I ance is such a good idea, because I ask unanimous consent that this letter might end up in it and it might be like cuts—why are they being spent on from the eight Democratic Senators of Medicaid and 50 percent of the doctors somebody else instead of the people in Medicare? What about these Medicare October 6 to the Honorable HARRY REID won’t see new Medicaid patients. be included in the RECORD following Why might you end up in a govern- payroll taxes? What about new State my remarks. ment program if you are not there taxes? Will I lose my insurance? These The PRESIDING OFFICER. Without now? Well, in the other bills we have are big questions and they deserve to objection, it is so ordered. seen—and this would be a question we be answered. (See exhibit 1.) have about Senator REID’s bill—the A good way to start is to take the ad- Mr. ALEXANDER. Mr. President, the combination of sections means that a vice of the eight Democratic Senators last thing I would say is this: I think it great many employers are going to who wrote the Democratic leader and is pretty obvious why we want to read look at the bill and the requirements said: Before we have our first vote, Mr. the bill and know what it costs and un- that are placed on them and they are Leader, No. 1, we want to see the com- derstand how it affects the health care going to write a letter to their employ- plete text which we don’t yet have; we of every American, which it will, but in ees and say: Congratulations, there is a want to see a complete estimate by the case anyone is wondering why we want new government plan. I have sent a Congressional Budget Office; and we to read the bill, it is because the bills check to the government, and instead want it to be on the Internet for at we have already seen increase insur- of having employer insurance, you are least 72 hours—the words were very ance premiums, raise taxes, and cut in the government plan. Well, you may strong—because we have a duty to the Medicare. That is what we have seen not have been thinking that was the American people that they know how from the two Senate bills and the kind of health reform you wanted. House bill. We on the Republican side There is the matter of the States. I this affects them, because it is a very think this ought to be about reducing will admit that as a former Governor I personal matter. costs, reducing premiums, but the may be more worried about this than I thank the President.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 18, 2009 CONGRESSIONAL RECORD — SENATE S11513 EXHIBIT 1 final passage of the conference report in the revenue neutral. But if you create a U.S. SENATE, Senate. bill that is revenue neutral by taking Washington, DC, October 6, 2009. By publically posting the legislation and hundreds of billions of dollars out of its CBO scores 72 hours before it is brought Hon. LARRY REID, to a vote in the Senate and by publishing the Medicare, which we already know is Senate Majority Leader, U.S. Capitol, Wash- heading into default in the next 5 or 6 ington, DC. text of amendments before they are debated, our constituents will have the opportunity years, and you do it by raising taxes, DEAR LEADER REID: As you know, Ameri- to evaluate these policies and communicate both of which are to fund a new pro- cans across our country have been actively their concerns or their message of support to gram that we don’t have the money engaged in the debate on health care reform. their Members of Congress. As their demo- Whether or not our constituents agree with for, then that is not, in my mind, what cratically-elected representatives in Wash- the average person would say in com- the direction of the debate, many are frus- ington, DC, it is our duty to listen to their trated and lacking accurate information on concerns and to provide them with the monsense thought is revenue neutral. the emerging proposals in Congress. Without chance to respond to proposals that will im- I think that is what we are talking a doubt, reforming health care in America is pact their lives. At a time when trust in Con- about. We need to be able to see the de- one of the most monumental and far-reach- gress and the U.S. government is tails of it. I appreciate Senator ALEX- ing undertakings considered by this body in unprecedentedly low, we can begin to rebuild ANDER for that fine summary of where decades. We believe the American public’s the American people’s faith in their federal we are. I hope our Members will take it participation in this process is critical to our government through transparency and by ac- to heart. overall success of creating a bill that lowers tively inviting Americans to participate in health care costs and offers access to quality the legislative process. f and affordable health care for all Americans. We respectfully request that you agree to Every step of the process needs to be trans- these principles before moving forward with ADJOURNMENT UNTIL 9:30 A.M. parent, and information regarding the bill floor debate of this legislation. We appre- TOMORROW needs to be readily available to our constitu- ciate your serious consideration and look forward to working with you on health care The PRESIDING OFFICER. The Sen- ents before the Senate starts to vote on leg- ate will stand adjourned until Thurs- islation that will affect the lives of every reform legislation in the weeks ahead. American. The legislative text and complete Sincerely, day, November 19, at 9:30 a.m. budget scores from the Congressional Budget BLANCHE L. LINCOLN. There being no objection, the Senate, Office (CBO) of the health care legislation MARY L. LANDRIEU. at 7:51 p.m., adjourned until Thursday, considered on the Senate floor should be CLAIRE MCCASKILL. November 19, 2009, at 9:30 a.m. made available on a website the public can MARK L. PRYOR. access for at least 72 hours prior to the first EVAN BAYH. f JOSEPH I. LIEBERMAN. vote to proceed to the legislation. Likewise, NOMINATIONS the legislative text and complete CBO scores BEN NELSON. of the health care legislation as amended JIM WEBB. Executive nominations received by should be made available to the public for 72 The PRESIDING OFFICER. The Sen- the Senate: hours prior to the vote on final passage of ator from Alabama. DEPARTMENT OF COMMERCE the bill in the Senate. Further, the legisla- Mr. SESSIONS. Mr. President, I ask NICOLE YVETTE LAMB-HALE, OF MICHIGAN, TO BE AN tive text of all amendments filed and offered unanimous consent to speak as in ASSISTANT SECRETARY OF COMMERCE, VICE WILLIAM G. for debate on the Senate floor should be morning business. SUTTON, RESIGNED. posted on a public website prior to beginning The PRESIDING OFFICER. Without ENVIRONMENTAL PROTECTION AGENCY debate on the amendment on the Senate objection, it is so ordered. ARTHUR ALLEN ELKINS, JR., OF MARYLAND, TO BE IN- floor. Lastly, upon a final agreement be- Mr. SESSIONS. Mr. President, I wish SPECTOR GENERAL, ENVIRONMENTAL PROTECTION tween the House of Representatives and the AGENCY, VICE NIKKI RUSH TINSLEY, RESIGNED to thank Senator ALEXANDER for his Senate, a formal conference report detailing DEPARTMENT OF VETERANS AFFAIRS the agreement and complete CBO scores of remarks because I think I have heard it said that this new health care bill, ROBERT A. PETZEL, OF MINNESOTA, TO BE UNDER SEC- the agreement should be made available to RETARY FOR HEALTH OF THE DEPARTMENT OF VET- the public for 72 hours prior to the vote on don’t worry about it, it is going to be ERANS AFFAIRS, VICE MICHAEL J. KUSSMAN, RESIGNED.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 9801 E:\RECORD09\S18NO9.REC S18NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE