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, THURSDAY, DECEMBER 3, 2009 No. 178 House of Representatives The House met at 10 a.m. and was Mr. ARCURI. Mr. Speaker, pursuant the past year, this Congress and Presi- called to order by the Speaker pro tem- to clause 1, rule I, I demand a vote on dent Obama have made the tough pore (Mr. PASTOR of Arizona). agreeing to the Speaker’s approval of choices and taken the necessary steps f the Journal. to bring back our economy from the The SPEAKER pro tempore. The verge of disaster. In order to continue DESIGNATION OF THE SPEAKER question is on the Speaker’s approval to protect consumers, create jobs, and PRO TEMPORE of the Journal. grow our economy, our next step must The SPEAKER pro tempore laid be- The question was taken; and the be to enact comprehensive financial fore the House the following commu- Speaker pro tempore announced that regulatory reform; for history has nication from the Speaker: the ayes appeared to have it. shown, we cannot rely on Wall Street to regulate itself. WASHINGTON, DC, Mr. ARCURI. Mr. Speaker, I object to December 3, 2009. the vote on the ground that a quorum In the coming weeks, we must work I hereby appoint the Honorable ED PASTOR is not present and make the point of to pass our commonsense rules to guar- to act as Speaker pro tempore on this day. order that a quorum is not present. antee that taxpayers are never again NANCY PELOSI, The SPEAKER pro tempore. Pursu- on the hook for Wall Street’s risky de- Speaker of the House of Representatives. ant to clause 8, rule XX, further pro- cisions, the financial savings of our f ceedings on this question will be post- families and businesses are protected from unnecessary risks by lenders and PRAYER poned. The point of no quorum is considered speculators, consumers must be pro- The Chaplain, the Reverend Daniel P. withdrawn. tected from predatory lending prac- Coughlin, offered the following prayer: tices, and transparency and account- In You, Lord, is found the fullness of f ability are injected into our financial life and love. No wonder then, the PLEDGE OF ALLEGIANCE system. I look forward to ensuring that our human heart always longs for more. We The SPEAKER pro tempore. Will the hardworking families and small busi- seek You, Lord, sometimes without gentleman from New Jersey (Mr. nesses will no longer be hurt nor our knowing it. SIRES) come forward and lead the Lord, our God, people within our bor- economy jeopardized due to an unregu- House in the Pledge of Allegiance. lated financial system. ders, within this Chamber, pray for Mr. SIRES led the Pledge of Alle- this Nation. Others around the world giance as follows: f pray for the United States of America I pledge allegiance to the Flag of the JOBS SUMMIT SHOULD ADDRESS as well. So many see our potential for United States of America, and to the Repub- ‘‘STOLEN’’ JOBS good, for doing the right thing in the lic for which it stands, one nation under God, (Mr. SMITH of Texas asked and was search for justice and peace. They long indivisible, with liberty and justice for all. given permission to address the House for our success. f for 1 minute and to revise and extend Answer the longing of Your people, his remarks.) Lord. Draw closer to us. Help us realize ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. SMITH of Texas. Mr. Speaker, the promise You have placed within us. today the President is hosting a jobs Not by our words alone, but by our ac- The SPEAKER pro tempore. The summit. But he is ignoring the 8 mil- tions, reveal us as Your people of prom- Chair will entertain up to 10 requests lion jobs held by those in the country ise who give You glory both now and for 1-minute speeches on each side of illegally that should go to American forever. the aisle. workers. With a 10 percent unemploy- Amen. f ment rate, the President should put f REGULATING WALL STREET the interests of Americans first. While the administration ignores the THE JOURNAL (Mr. SIRES asked and was given per- 8 million stolen jobs, Republicans hold The SPEAKER pro tempore. The mission to address the House for 1 the lead in voter trust on immigration Chair has examined the Journal of the minute.) with a 12-point lead over the Demo- last day’s proceedings and announces Mr. SIRES. Mr. Speaker, a year ago, crats. That’s nearly double the GOP’s to the House his approval thereof. as a result of 8 years of mismanage- lead a month ago. Pursuant to clause 1, rule I, the Jour- ment of Wall Street, our financial sys- We should hold the administration nal stands approved. tem was on the brink of collapse. Over accountable for its failure to enforce

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

H13469

.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13470 CONGRESSIONAL RECORD — HOUSE December 3, 2009 the Nation’s immigration laws, which IN MEMORY OF ARMY SPECIALIST TAKING CARE OF THINGS AT allows 8 million illegal immigrants to JESUS FLORES, JR., OF LA HOME remain in the workforce. Those jobs MIRADA, CALIFORNIA (Mr. KUCINICH asked and was given rightfully belong to citizens and to (Ms. LINDA T. SA´ NCHEZ of Cali- permission to address the House for 1 legal immigrants. fornia asked and was given permission minute.) Enforcing the law is not only the to address the House for 1 minute.) Mr. KUCINICH. America is in the right thing to do, it is what the Amer- Ms. LINDA T. SA´ NCHEZ of Cali- fight of its life. And the fight is not in ican people want. Any jobs summit fornia. Mr. Speaker, I rise today to Afghanistan; it’s here. We’re deeply in that doesn’t address the jobs occupied honor a fallen soldier from my district. debt. Our GDP is down; our manufac- by illegal immigrants ignores Amer- Jesus Flores, Jr., 28, from La Mirada, turing is down; our savings are down; ican workers. California, was killed in action on Oc- the value of the dollar is down. Our tober 15 of this year in Afghanistan. He trade deficit is up; business failures are f leaves behind his mother, father, four up; bankruptcies are up; foreign bor- sisters, and one brother. rowing is up. PROMOTING JOBS AND ECONOMIC Jesus enlisted in the Navy straight The war is a threat to our national DEVELOPMENT from high school and served for 4 years. security. We’ll spend over $100 billion (Mr. MICHAUD asked and was given In 2003, he enlisted in the Army. He be- next year to bomb a nation of poor peo- permission to address the House for 1 came a combat specialist and was de- ple while we reenergize the Taliban, de- minute.) ployed to Iraq from February to May of stabilize Pakistan, deplete our Army, Mr. MICHAUD. Almost every Mainer 2009. He was on his first tour in Afghan- and put more soldiers’ lives on the line. has been affected by this recession or istan when he was killed in action. Meanwhile, back here in the USA, 15 knows someone who’s been struggling. One of his sisters spoke of Jesus in million people out of work; people los- Moving forward into the new year, our this way: A loving son. A generous ing their jobs, their health care, their Nation’s record unemployment rate brother. A soldier who loved military savings, their investments, their re- threatens our economic recovery. life. This was apparent in the many tirement security; $13 trillion in bail- While I do not support a second stim- medals adorning his uniform. outs for Wall Street, trillions for war. ulus bill, we must refocus our efforts The people of this body and people When are we going to start taking on initiatives that create jobs and pro- throughout this country could not care of things here at home? mote long-lasting economic develop- exist without the dedication and sac- f ment. We must continue to help those rifices from the soldiers who serve. Sol- who are unemployed in this country diers like Jesus. Soldiers who, above VICTORY IN AFGHANISTAN support their families until they are all else, want to honor this country, (Mr. WILSON of South Carolina able to find a job. And we must pass se- preserve our freedoms, and protect our asked and was given permission to ad- rious reforms and make efforts to re- families. dress the House for 1 minute and to re- duce our unsustainable debt, because There is nothing that I can say or do vise and extend his remarks.) we cannot grow our economy on the to take away the pain his family feels Mr. WILSON of South Carolina. Mr. backs of future generations. at the loss of Jesus. But I hope they are Speaker, success in Afghanistan should Any initiatives considered by Con- comforted by knowing the memory of be defined in the tradition of Ronald gress must be targeted and fiscally re- Specialist Jesus Flores will remain, Reagan: we win and the terrorists lose. sponsible to build a foundation for and we will continue to honor his serv- While his decision was long overdue, long-term economic growth. ice every day. I was pleased the President announced sending 30,000 reinforcements to Af- f f ghanistan. The President has listened to our commanders on the ground for a HONDURAN FREE ELECTIONS WHITE HOUSE JOBS SUMMIT counterinsurgency to secure Afghani- (Mr. POE of Texas asked and was (Mr. PENCE asked and was given per- stan, which protects American fami- given permission to address the House mission to address the House for 1 lies. This decision will defeat al Qaeda for 1 minute.) minute and to revise and extend his re- terrorists and the Taliban in Afghani- Mr. POE of Texas. Mr. Speaker, the marks.) stan. Along the border with Pakistan, people of Honduras just completed Mr. PENCE. Today, in the midst of a U.S. troops are denying al Qaeda and their successful national elections. harsh recession, the President will con- Taliban safe havens in which to oper- In June, Honduran President Manuel vene a jobs summit at the White ate. Zelaya tried to change his elected of- House. Coming nearly 1 year after the For the sake of our mission, Amer- fice into a dictatorship. He’s the guy passage of the so-called ‘‘stimulus’’ bill ican families at home, and our brave that’s buddies with Venezuelan dic- that Speaker PELOSI said was about men and women in uniform, I hope the tator Hugo Chavez. Zelaya organized a jobs, jobs, jobs, unemployment remains President will rally congressional lead- mob and tried to nullify his term lim- at record levels in this country. ers behind his strategy and our troops’ its to hold on to power. His actions Today’s White House jobs summit is mission for victory in Afghanistan. were illegal under Honduran law. a tacit admission that the economic Supporting the President’s decision Zelaya was arrested by the army under policies of this administration and this shouldn’t come down to party lines. order of the Honduran Supreme Court. Congress have failed. But, Mr. Speaker, Terrorists do not differentiate between And even though the United States in- we can bring America back by applying Republicans and Democrats as targets. appropriately tried to interfere, he was fiscal discipline here in Washington, In conclusion, God bless our troops, removed from office by their Congress D.C., and giving the American people and we will never forget September the for violating their constitution. fast-acting tax relief for working fami- 11th in the global war on terrorism. On Sunday, the people of Honduras lies, small businesses, and family f elected Porfirio ‘‘Pepe’’ Lobo, a con- farms. servative businessman, as their new Jack Kemp said years ago, There is a UPS WORK-A-DAY AND SMALL President. Congratulations to the peo- wisdom and intelligence in ordinary BUSINESS ple of Honduras for sticking to the rule men and women far superior to the ex- (Mr. HALL of New York asked and of law despite great odds. They held perts. Well, let’s heed that wisdom and was given permission to address the free and fair elections. This national intelligence of ordinary Americans. House for 1 minute.) triumph for the people of Honduras is a Let’s reject the politics of borrowing Mr. HALL of New York. Earlier this victory for all those anywhere in the and spending and bailouts. Let’s em- week, I spent a day working alongside world who live in freedom and seek brace what has always worked. And Al McDonnell, a delivery driver for freedom over tyranny. let’s bring America back with fiscal UPS. Together, we delivered packages And that’s just the way it is. discipline and tax relief today. to small businesses in downtown

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13471 Washingtonville, New York. It was a They have always been there to provide without the public’s trust. We need to great opportunity to speak with small food for us as consumers, and now it is complete the active ethics investiga- business owners about the current eco- time for us to help them continue the tions currently being considered in this nomic climate that has affected them. long tradition of family-owned and op- House, and we need to eliminate the Their message was consistent and erated dairy farms that are passed conditions which contributed to these needs to be heard. Small businesses are from generation to generation. violations in the first place. struggling. It is critical that we give My bill is inspired by a piece of legis- I’ve introduced two measures to small businesses every opportunity to lation introduced in the New York eliminate pay-to-play activities at succeed, which is why I joined with State Senate by Senator Darrel both the State and Federal level. H.R. Representative CHRISTOPHER CARNEY to Aubertine and would reduce hauling 614 would prohibit earmarks to for- urge the extension of an immediate tax costs passed on to dairy farmers by profit entities, and H.R. 3427 would break for newly purchased business processors and milk haulers. The bill eliminate Federal provisions which equipment. Extending this tax break eliminates hauling costs for milk pro- prevent States like Illinois from clean- will provide immediate relief for busi- ducers and clarifies that the ownership ing up their act on pay-to-play corrup- nesses that purchase depreciable prop- of the milk is transferred from the tion. erty such as equipment, vehicles, fur- milk producers to the milk plant when I urge my colleagues to join me in niture, machinery, buildings, and other it leaves the farm and is mixed with supporting both of these measures. items. the other farmers’ milk. f Our small businesses need every The bill also makes it unlawful for AFGHANISTAN PLAN break they can get these days. They processors to charge a producer any are the engine that drives our economy cost incurred in the process of picking (Mr. OLSON asked and was given per- and creates jobs. This tax break helps up the milk and delivering it to a milk mission to address the House for 1 small businesses and stimulates the plant receiving station or transfer sta- minute and to revise and extend his re- local economy. We cannot afford to let tion. marks.) it expire. The time to act for our dairy farmers Mr. OLSON. Mr. Speaker, I commend the President for finally making the f is now. f right decision to send additional com- b 1015 bat troops to Afghanistan. However, I NEW AFGHANISTAN POLICY PUT CONGRESS BACK TO WORK have deep concerns with the Presi- (Mr. SAM JOHNSON of Texas asked dent’s insistence on a hard July 2011 (Mr. GINGREY of Georgia asked and and was given permission to address deadline for withdrawal. was given permission to address the the House for 1 minute and to revise The President seeks to send our House for 1 minute and to revise and and extend his remarks.) troops into battle while at the same extend his remarks.) Mr. SAM JOHNSON of Texas. Mr. time notifying our enemies of when Mr. GINGREY of Georgia. Mr. Speak- Speaker, as a 29-year Air Force veteran they will be coming home. And to con- er, I ask that you take a hard look at and prisoner of war for nearly 7 years, fuse matters more, the President also the economic challenges facing our I know what happens when you try to spoke of making decisions based on country. Across the United States, un- run a war from the White House: you conditions on the ground. employment is at a 26-year high, 10.2 lose. Winning the war in Afghanistan, So which is it, a withdrawal on a percent, and more than 2.8 million jobs defeating al Qaeda, is vital to the safe- date certain, or based on the conditions have been lost since the $1 trillion ty of our Nation. To quote the Presi- on the ground? stimulus was signed into law last Feb- dent, ‘‘If left unchecked, the Taliban The President offers many what-ifs ruary without a single Republican vote insurgency will mean an even larger but very few answers. Our Nation’s in this House. safe haven from which al Qaeda would troops have fought admirably in dan- In my home State of Georgia, eight plot to kill more Americans.’’ gerous conditions to turn the tide out of the nine counties in my district So let’s listen to the military leader- against those who attacked our Nation have unemployment rates of 10 per- ship in Afghanistan. Setting a timeline on September 11. The President cannot cent, and two counties are over 13 per- to end military engagement is not the have it both ways, and I urge him to cent. Put simply, Mr. Speaker, my con- way to win a war. Instead, it empowers focus this new strategy on victory and stituency needs jobs, and they need our enemies and sends a wrong message not withdrawal. them now. to our troops, our allies, and the Amer- f Yet the Democratic plans on the ican people. We need to listen to the CONGRATULATING THE PARSONS economy, on health care, and on en- experts on the ground instead of the CHILD AND FAMILY CENTER ergy do the exact opposite. These plans politicians who are thousands of miles raise taxes, and they sacrifice even away from the front. We need to stop (Mr. TONKO asked and was given more jobs. This is not the way to stim- talking about exit strategies and troop permission to address the House for 1 ulate our economy and not the way to withdrawal and focus on giving our minute and to revise and extend his re- help my constituents. troops the resources they want, need, marks.) We need real solutions that will re- and deserve. Mr. TONKO. Mr. Speaker, I would quire tough choices in Washington. Let’s eliminate the rules and fight to like to take this opportunity to con- They involve tax relief for working win. gratulate Parsons Child and Family Americans, and Republicans stand f Center for immaculate community ready to work with you on that. services that they provide for the needs ETHICS REFORM f of children and families in the capital (Mr. QUIGLEY asked and was given region of upstate New York, which I HELP THE DAIRY FARMERS permission to address the House for 1 represent. (Mr. ARCURI asked and was given minute.) Parsons was founded some 180 years permission to address the House for 1 Mr. QUIGLEY. Mr. Speaker, Louis ago and has become one of the largest minute and to revise and extend his re- Brandeis said sunlight is the best dis- human service agencies in upstate New marks.) infectant. So with ethics once more in York. Its contributions to the 9,000 Mr. ARCURI. Mr. Speaker, I want to the headlines, I think it’s worth asking children and families it serves include take this opportunity to alert my col- how far we’ve come in bringing light to counseling services, parenting edu- leagues to a piece of legislation that I the people’s House. cation, child abuse prevention and have introduced to assist our dairy This is not a partisan issue. Corrup- treatment, and mental services. farmers across the country in their tion votes both ways. It is, rather, an While there is no typical child served critical time of need. Dairy farmers issue of trust. These teams, more than by Parsons, most have endured a sig- across my upstate New York district ever, demand effective government, yet nificant traumatic event in their lives. have come to me and asked for help. it is very hard to govern effectively The highly trained staff at Parsons

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13472 CONGRESSIONAL RECORD — HOUSE December 3, 2009 using the latest techniques work to im- health care, educational, and other points of order against provisions in the bill prove the lives of all they serve. The professionals. are waived. The previous question shall be role and importance of the family are ARC clients find independence and considered as ordered on the bill to final pas- dignity both at home and at work. ARC sage without intervening motion except: (1) stressed, with the ultimate goal of pre- one hour of debate equally divided and con- serving the family unit whenever and is currently home to 80 residents, many trolled by the chair and ranking minority wherever possible. of whom have single family homes that member of the Committee on Ways and Today I want to commend Parsons’ ARC owns and operates. In addition, Means; and (2) one motion to recommit. service and commitment to our re- they provide job training in fields like SEC. 2. In the engrossment of H.R. 4154, the gion’s families and children. I encour- culinary arts and own and operate an Clerk shall— age us all to look towards them as a (a) add the text of H.R. 2920, as passed by on-campus electronic recycling busi- the House, as new matter at the end of H.R. model of positive support and outcomes ness. 4154; in a system that has turned around the I would like to thank the residents (b) conform the title of H.R. 4154 to reflect lives of so many. With one in every five and staff at the ARC for welcoming me the addition to the engrossment of the text American children living in poverty, so warmly last week and congratulate of H.R. 2920; we commend the role of the profes- all of them on their extraordinary con- (c) assign appropriate designations to pro- visions within the engrossment; and sionals at Parsons for the work it does. tributions to our community. (d) conform provisions for short titles f f within the engrossment. RECOGNIZING THE MURRAY GREY JOBS AND ECONOMIC GROWTH The SPEAKER pro tempore. The gen- tleman from Colorado is recognized for FOUNDATION AND WREATHS (Mr. LANGEVIN asked and was given ACROSS AMERICA 1 hour. permission to address the House for 1 Mr. POLIS. Mr. Speaker, for the pur- (Mr. WITTMAN asked and was given minute and to revise and extend his re- poses of debate only, I yield the cus- permission to address the House for 1 marks.) tomary 30 minutes to the gentleman minute.) Mr. LANGEVIN. Mr. Speaker, I’d like from Florida (Mr. LINCOLN DIAZ- Mr. WITTMAN. Mr. Speaker, I rise to thank President Obama for con- BALART). All time yielded during con- today to recognize the Murray Grey vening a forum on jobs and economic sideration of the rule is for debate Foundation and Wreaths Across Amer- growth in the White House today. only. ica. The Murray Grey Foundation and As too many of our constituents GENERAL LEAVE its Military Families Support Fund enter this holiday season perhaps hav- Mr. POLIS. I ask unanimous consent provides America’s military families ing lost their jobs or facing lower that all Members have 5 legislative with emergency financial support and wages, higher health care costs, or out- days in which to revise and extend resources in their time of need. of-control mortgages, and many of their remarks and to insert extraneous The Murray Grey Foundation recog- whom have lost their homes, we abso- materials into the RECORD. nizes that the sacrifices that our mili- lutely must focus on rebuilding our The SPEAKER pro tempore. Is there tary servicemembers and their families economy and pursuing all avenues to objection to the request of the gen- continue to make are not only personal create jobs. Rhode Island felt the pain- tleman from Colorado? and professional but also financial. The ful effects of the current economic There was no objection. foundation assists by providing finan- downturn, and that is why it is so im- Mr. POLIS. I yield myself such time cial assistance, education, and support portant to me that we have a seat at as I may consume. to help military families avoid fore- this forum. Mr. Speaker, this rule provides for closure or eviction from their homes I am pleased to say that President Di consideration of H.R. 4154, the Perma- and preserve their home ownership. Pasquale of the Community College of nent Estate Tax Relief for Families, They also provide emergency financial Rhode Island will be there to share Farmers, and Small Businesses Act of support, food, clothing, utility pay- their perspective on workforce develop- 2009. The rule waives all points of order ments, transportation, rent and other ment, job training, retraining workers, against consideration of the bill except critical resources. and educational opportunity for the those arising under clause 9 or 10 of This year, the foundation partnered 21st century. rule XXI and against the bill itself. The with Wreaths Across America, which Economic development continues to rule provides that the previous ques- places wreaths on the graves of vet- be my top priority, and I look forward tion shall be considered as ordered erans, to establish the Patriots to working with my friends in Congress without intervening motions except 1 Wreaths Program. and with President Obama to increase hour of debate and one motion to re- I applaud the outstanding contribu- job opportunities across our country. commit with or without instructions. tions of organizations like the Murray f In the engrossment of H.R. 4154, the Grey Foundation and their work to Clerk is directed to add at the end the honor the contributions of our Nation’s PROVIDING FOR CONSIDERATION text of H.R. 2920, the Statutory Pay- veterans, servicemembers and their OF H.R. 4154, PERMANENT ES- As-You-Go-Act of 2009, as passed by the families. TATE TAX RELIEF FOR FAMI- House. LIES, FARMERS, AND SMALL f Mr. Speaker, this past weekend in BUSINESSES ACT OF 2009 honor of the Thanksgiving holidays, ARC OF BROWARD COUNTY Mr. POLIS. Mr. Speaker, by direction NBC’s ‘‘Meet the Press’’ hosted the (Mr. KLEIN of Florida asked and was of the Committee on Rules, I call up Reverend Rick Warren in a discussion given permission to address the House House Resolution 941 and ask for its on giving and civic duty. During the for 1 minute and to revise and extend immediate consideration. dialogue, Rev. Warren stated his belief his remarks.) The Clerk read the resolution, as fol- that it isn’t a sin to be rich, but it is Mr. KLEIN of Florida. Mr. Speaker, lows: a sin to die rich. While I don’t agree last week I had the chance to visit a re- H. RES. 941 with Rev. Warren on many issues, I ask markable organization in my congres- Resolved, That upon the adoption of this my colleagues to now reflect on the sional district, the ARC of Broward resolution it shall be in order to consider in meaning of those words. The Reverend County. ARC Broward is a private, not- the House the bill (H.R. 4154) to amend the was speaking, of course, of the impor- for-profit organization that supports Internal Revenue Code of 1986 to repeal the tance of charity and our moral obliga- children and adults with autism, new carryover basis rules in order to prevent tion to improve the condition of our Down’s syndrome and other develop- tax increases and the imposition of compli- fellow man whenever and wherever we mental disabilities. ance burdens on many more estates than can. This innovative group provides an in- would benefit from repeal, to retain the es- Today I speak to you with the same tate tax with a $3,500,000 exemption, and for valuable service for their clients in our other purposes. All points of order against sense of duty—duty to our country community. Currently serving over consideration of the bill are waived except that has allowed me personally to 1,600 people, ARC Broward also pro- those arising under clause 9 or 10 of rule XXI. achieve personal wealth, and in turn, vides good jobs for more than 450 local The bill shall be considered as read. All to help others.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13473 Mr. Speaker, the bill before us under who are successful in this country. I families after they’re gone. Farmers this rule is a significant tax cut. With- can personally tell you, as one of those will be able to keep their land in their out this bill, the estate tax will return Americans that’s in the .25 percent, I family. in the year 2011 at a much lower ex- would gladly pay an estate tax to give I remind my colleagues that the $3.5 emption amount, an exemption of $1 back to the 99.75 percent of families million exemption means that no fam- million instead of an exemption at a who do the heavy lifting in this coun- ily will pay any estate tax unless the rate of $3.5 million and at a much high- try every day and ensure that they estate is valued at at least $3.5 million. er tax rate, a tax rate of 55 percent never have to pay this tax and that It is substantially higher than it has rather than a tax rate of 45 percent, family farms can be passed down to the been in this decade, and without our which we have under this bill. next generation and small operating action today, we put families in a situ- ation of unnecessary financial uncer- b 1030 family businesses will be subject to no estate tax. tainty at a time when their head and We all know that the occasion of the Yes, Mr. Speaker, I agree with Rev. their hearts can least afford it. With- death of a loved one is a very difficult Warren that it’s no sin to be rich, but out this bill the estate tax will return time for family and friends. The price I disagree that it is a sin to die rich. A in the year 2011 at a much lower ex- of love is unfortunately loss, and that’s life’s work should rightly be a benefit emption amount of $1 million and a a price that we all must pay at some to one’s heirs and one’s causes. My be- much higher tax rate of 55 percent. point in our lives. While no act of gov- lief that a family farm, a family busi- Mr. Speaker, I reserve the balance of ernment can ease this emotional pain, ness, or simply accumulated wealth my time. today we have the opportunity to at should be passed from one generation Mr. LINCOLN DIAZ-BALART of least give families who have achieved to the next is consistent with the fact Florida. I would like to thank my great success some surety in their abil- that those who benefited the most from friend the gentleman from Colorado ity to ensure that the next generation the freedom and security that this (Mr. POLIS) for the time. will receive the benefit of their works. country offers should pay their fair Mr. Speaker, I yield myself such time An estate tax distorts a free market share for the benefits and the land- as I may consume. less than an income tax. Instead of tax- scape that allowed them to reach the Eight years ago, Mr. Speaker, the Re- ing productive capital, it takes taxes level of success that they did. publican-led Congress passed legisla- from a random heir. On a revenue-neu- What all Americans deserve, rich or tion that provided over $1.3 trillion in tral basis, I for one would much rather poor, is the knowledge that at a time tax relief by, among others, gradually pay taxes after dying than before of great personal pain for families, the increasing the exemption for the estate dying. And however much an income stress will not be exacerbated by a tax while decreasing the tax rate itself. tax may distort the market, an estate complex or uncertain tax policy. That’s As part of that legislation, the estate tax distorts it less on a revenue-neu- one of the many reasons I ask my col- tax, also known as the death tax, is set tral basis. leagues to join me in supporting this to disappear next year. The underlying Mr. Speaker, allow me to be clear. In- rule and the underlying bill. bill would undo the repeal of the death dividuals like myself, who through Throughout our history, transfer tax and instead bring back the tax, ex- hard work have been able to start busi- taxes have been used to fund critical tend the estate tax rate of 45 percent, nesses, create jobs, and, as a result, operations of the Federal Government. and include an unindexed exemption. have been rewarded with the financial The modern estate tax was established I believe these are excessively high resources to provide a high standard of by the Revenue Act of 1916 to offset de- rates of taxation, especially when we living for our families, have a duty to clining import tariff revenues as a re- realize that the tax is imposed at the our fellow Americans to pay our fair sult of and to finance the United end of a lifetime of work on which share. And an estate tax, the existence States’ participation in World War I. taxes were paid throughout the stages of an estate tax, is critical to prevent Since World War I, the estate tax has in which income was made. It is wrong, a permanent aristocracy from arising continued to provide Federal revenues I believe, to tax individuals who have in this country. that have financed World War II and spent their entire lives working to pro- When I think of the everyday tax the New Deal, and have helped end the vide their families with some financial burden for my constituents or, for that Great Depression. The estate tax in- security, and so that’s why I oppose the matter, for my staff and associates as a cludes, importantly, an unlimited de- underlying legislation. proportion of their income as a result duction for charitable giving. In 2006 This double taxation, which is really of sales taxes, property taxes, let alone nearly two-thirds of charitable re- what we’re talking about today, I be- income taxes, I can think of no credible quests came from estates valued over lieve is destructive to family-owned argument for suggesting that an estate $10 million. businesses and farms, which are often tax is unreasonable. I also take com- What a way for Americans to leave a torn apart or need to be liquidated en- fort in knowing that, with the passage legacy for the next generation. Univer- tirely just to pay those burdensome of this bill, we are locking in that 99 sities, hospitals, and arts organizations taxes at the time of death. Americans percent of my constituents will never have come to rely on these contribu- who work hard and pay taxes all of pay the estate tax. According to The tions from our Nation’s most wealthy. their lives I don’t think should be pun- Urban-Brookings Tax Policy Center, One need only tour a college campus to ished for responsibly saving with yet under this proposal only .25 percent, see the direct impact of the philan- another tax when they pass away. that’s 1⁄4 of 1 percent, of debts would be thropy on our students and its effect on When the country has double-digit subject to an estate tax. our future displayed prominently on unemployment, the current majority We ask those who labor to build the plaques outside many campus buildings in Congress is threatening small busi- roads to also shoulder the cost. We ask like those at the University of Colo- nesses, the engines of economic growth those who educate our Nation’s chil- rado in Boulder, which I represent. and job creation in the Nation, with dren to also help pay for the schools. H.R. 4154, the Permanent Estate Tax even higher tax burdens. Small busi- Shouldn’t we ask those who die with Relief for Families, Farmers, and nesses are often struggling to survive, wealth to help give back a little to Small Businesses Act, does exactly to meet payroll and avoid layoffs, and those around them? I say to my col- what it says. The bill will make perma- yet this is another example, Mr. Speak- leagues this is fair, this is right. nent the lowest estate tax rate our Na- er, of the fact that the majority time When factoring the full costs of being tion has seen in a decade, making the and time again is proposing legislation a member of a society, it’s very clear current rate permanent and giving that hampers the ability of small busi- that all too often we ask the most of families the ability to plan ahead for nesses to thrive and to hire new work- those who have the least. For our coun- an orderly transfer of assets. Business ers. try to continue to prosper, we can’t owners will be able to plan ahead to en- It’s unfortunate that the majority just rely on the middle class to support sure that their employees will still feels that they can continuously im- our Nation’s public safety and welfare have a job and their company will be pact, hit small businesses with tax and to cushion the success of families able to continue to provide for their after tax and expect them to survive

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13474 CONGRESSIONAL RECORD — HOUSE December 3, 2009 and thrive and retain their workers. The difference in treatment is not an We know that planned giving is an That’s not the way the economy works. isolated incident but the standard op- important part of the fundraising Even if small business owners do not erating procedure for this majority. strategy for the nonprofits that do the receive an estate tax bill, they still They continuously close down the good work that government and indus- spend resources on estate tax compli- process. They shut out Members from try cannot, and there is no denying the ance. According to a recent survey of both sides of the aisle from being able link between the estate tax rate and small and medium-sized manufactur- to introduce and have debated their the amount of planned giving. A 2004 ers, those small businesses spend an av- amendments, and I think it is unfortu- Congressional Budget Office analysis of erage of $94,000 on fees and estate plan- nate. charitable giving in the year 2000 indi- ning costs in preparation for an estate I reserve the balance of my time. cated that estate tax not only provided tax bill. Imagine what a small busi- Mr. POLIS. Mr. Speaker, let me be an incentive for charitable giving at ness, Mr. Speaker, could do with that clear with what happens if the House death, but also played a role in philan- money. They could invest it in their does not pass this bill: The estate tax thropic decisions made during people’s company to grow their business. They would go away for 1 year in the year lives. The same report estimated that could add more workers. Instead, the 2010, and then it would return at 55 per- the repeal of the estate tax would re- majority prefers placing more and cent and a deduction of only $1 million, sult in a decrease in bequests of any- more burdens. And this is but one ex- so every estate above $1 million would where from 16 to 28 percent or $13 bil- ample, the legislation being brought be taxed at a rate of 55 percent. Many lion to $25 billion, more than total cor- forth to the floor today, of the major- families would lose their family busi- porate donations in a year. I ask my colleagues, which univer- ity’s incessant endeavor to place more nesses, their family farms, if we fail to sities do you know could take a 16 to 28 and more burdens on the engines of our act and pass this bill to preserve the percent hit to their endowment, cou- economic growth. ability of Americans to pass along pled with the decreases in the market Small businesses are responsible for their assets to the next generation. It would also create a very bizarre of the last year, and yet continue to 60 to 80 percent of all new net jobs that circumstance in the year 2010 where prepare our students to be competitive were created in the last decade. If the there would be an incentive to die. I in the global marketplace? This is the majority continues with their current had a friend with a good sense of real-world impact of what would actu- policies, if they continue on this track humor who stated that his wealthy ally occur were the estate tax to be of placing more and more burdens on family, his father, had joked with him abolished in the year 2010, not to men- small business, the unemployment rate that he planned not to stand near the tion what would happen when it came is going to continue to rise. top of a staircase in the year 2010 if back at 55 percent and only a $1 million I think what we should be doing is that was the case. deduction the following year. everything possible to lower unemploy- Mr. Speaker, the estate tax is paid by Now imagine in the worst case sce- ment, to spur investment and job very few Americans. Historically, fewer nario devised by opponents of the es- growth. That’s where we should be than 2 percent of Americans have paid tate tax. Imagine that came true for a heading. the estate tax, and under this bill it family, that in order to pay the tax, So I believe what we should be doing will be even less. And only 3.5 percent the heirs had to liquidate the assets of is extending the repeal of the death of those who pay the estate tax pay it a business that had been in the family tax. And many of us in this Congress, on small business assets, and only 5 for some time. Do opponents of this bill especially on this side of the aisle, we percent on farms. When looking at spe- truly believe that somehow making the feel very strongly on this issue. Short cifically family-owned businesses, the family pay capital gains tax on these of passing the permanent repeal, which number goes down to one-half of 1 per- assets if they had purchased them in I support, at the very least I think we cent. 1959 would be better? I know in my dis- should enact legislation that sets a Mr. Speaker, let us talk about the trict, due to the growth and economic reasonable rate, provides an appro- options for wealthy families. The es- success Colorado has enjoyed, taxation priate exemption amount, and indexes tate tax does two important things. on real estate assets, as an example, that amount for inflation. We already First, it provides revenue to govern- from a 1959 basis would be devastating. saw with the alternative minimum tax ment to provide services in the context It would capture a much larger portion what not indexing is capable of doing in which wealth can grow, provides the of middle class families. Many middle when Congress acts in that manner. So, landscaping in our country that allows class families and, indeed, wealthy unfortunately, the bill does nothing of entrepreneurs and businesses to suc- families worth $1 million, $2 million, $3 what I just said, a reasonable rate and ceed. Programs paid for from this rev- million would be stuck with large tax indexing an exemption amount. enue fund our social safety net, our bills forcing liquidation if they were Yet we on our side of the aisle will legal structure, our public safety pro- forced to pay capital gains tax on a not be able to have a debate on legisla- grams, and our regulatory framework 1950 basis or a 1959 basis. tion, on a proposal to do just that, to that allows businesses to prosper. It is I can’t tell my constituents that I am index an exemption amount and set a the protection of the law that allows against a permanent reduction in the reasonable rate indefinitely into the those who have gained wealth to be estate tax and yet support a dramatic future. We won’t be able to do that be- able to keep it and transfer it to the increase in capital gains taxation for cause the majority again is closing next generation. them, which would bring the estate tax down the process, shutting down de- The second and, arguably, also more to upper middle class families. I hope bate. They promised to do quite the op- important function of the estate tax is the majority of my colleagues agree posite, as you know, Mr. Speaker. to provide an incentive for charitable and will support the rule and the un- So let’s contrast what the current giving. By supporting charities and derlying bill. majority is doing today with the estate nonprofit organizations of their choice, I would like to thank Chairman RAN- tax rule that we passed when we were the wealthy can simultaneously give GEL, the members of the Ways and in the majority. That rule allowed our back to the community directly and Means Committee and their staffs for distinguished colleague Mr. POMEROY protect the assets that they leave to their efforts in bringing this bill, and to offer his substitute amendment. their heirs. the gentleman from North Dakota (Mr. Today we in the minority will be treat- The estate tax is an important incen- POMEROY) for introducing this bill. ed much differently. tive to leverage the work of govern- I urge my colleagues to consider that ment with the efforts of nonprofits to 99.75 percent of Americans will never b 1045 create broad opportunities and assist- pay this tax; and those who do should We will not be given the opportunity ance throughout society. By making be thankful that they have had the op- that we gave the current majority and the rules of the estate tax stable and portunity to succeed in this great Mr. POMEROY. We will not be allowed to permanent, we give families the ability country and the privilege, the honor of debate our substitute proposal. We will to plan for their future as well as in- being in a position where they are sub- not be afforded a vote on our alter- vest in the future of their commu- ject to this tax because their estates native legislation. nities. are worth more than $3.5 million.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13475 I would like to remind my colleagues and we could, therefore, find ourselves vast majority of the money in an estate was who stand by the old adage ‘‘you can’t in a situation similar to the alter- already taxed when the money was earned. take it with you,’’ and I ask my friends native minimum tax where individuals Liberals counter that the estate tax is ‘‘fair’’ and colleagues to consider the far- could inadvertently be subjected to the because it is only paid by the richest 2% of American families. This ignores that much reaching benefits of charity and a sense tax in the future. of the long-term saving and small business of duty to country, and I ask for the I urge all of my colleagues to defeat investment in America is motivated by the passage of this rule and the underlying this rule. Let’s go back and have an ability to pass on wealth to the next genera- legislation. open debate, as the gentleman from tion. I reserve the balance of my time. Florida said, on the repeal of the estate The importance of intergenerational Mr. LINCOLN DIAZ-BALART of tax. That is what we should do. wealth transfers was first measured in a Na- Florida. Mr. Speaker, I yield 3 minutes Mr. POLIS. I am our final speaker, so tional Bureau of Economic Research study in to the gentleman from Georgia (Mr. I reserve the balance of my time to 1980. That study looked at wealth and sav- ings over the first three-quarters of the 20th GINGREY). close. century and found that ‘‘intergenerational Mr. GINGREY of Georgia. Mr. Speak- Mr. LINCOLN DIAZ-BALART of transfers account for the vast majority of er, I rise in strong opposition to this Florida. Mr. Speaker, I yield 3 minutes aggregate U.S. capital formation.’’ The co- rule as well as the underlying bill, H.R. to the gentlewoman from North Caro- author of that study was ... Lawrence Sum- 4154, the Permanent Estate Tax Relief lina (Ms. FOXX), my distinguished mers. for Families, Farmers, and Small Busi- friend and colleague from the Rules Many economists had previously believed nesses Act of 2009. Committee. in ‘‘the life-cycle theory’’ of savings, which In 2001, this Congress passed legisla- Ms. FOXX. Mr. Speaker, I want to postulates that workers are motivated to save with a goal of spending it down to zero tion that was signed into law by Presi- say that this rule and the bill exem- in retirement. Mr. Summers and coauthor dent Bush that provided significant es- plify the arrogance of the majority Laurence Kotlikoff showed that patterns of tate tax relief for families. Before this party. Once again, they show their bias savings don’t validate that model; they action was taken, individuals who to government control of our lives as found that between 41% and 66% of capital passed away could face up to a 55 per- opposed to support of the American stock was transferred either by bequests at cent tax for estates valued over $3 mil- family. They also show their arrogance death or through trusts and lifetime gifts. A lion. Additionally, if the value of those in bringing a closed rule because they major motivation for saving and building estates were between $10 million and indicate that this is a perfect bill. It businesses is to pass assets on so children and grandchildren have a better life. $17 million, then the estates were hit hasn’t been through committee. They What all this means is that the higher the with an additional 5 percent surtax, a allow no amendments, so they must estate tax, the lower the incentive to rein- grand total of 60 percent. consider it a perfect bill. We know vest in family businesses. Former Congres- Since the 2001 tax cuts have been en- there is at least one flaw, as my col- sional Budget Office director Douglas Holtz- acted, the overall estate tax has been league from Georgia just indicated, and Eakin recently used the Summers study as a gradually reduced. For deaths that that is the problem with indexing. Just springboard to compare the economic cost of occur in 2009, the estate tax ceiling is as we have had to fix the AMT every a 45% estate tax versus a zero rate. He finds 45 percent for estates valued over $1.5 year, we will have to do that with this that the long-term impact of eliminating the death tax would be to increase small busi- million, but it allows up to $3.5 million or else more and more people will be ness capital investment by $1.6 trillion. This in assets to be exempted. Furthermore, caught with this bill as it is proposed. additional investment would create 1.5 mil- current law dictates, and rightfully so, They continue to assault those who lion new jobs. that the estate tax will be completely create jobs on the very day that the In other words, by raising the estate tax in repealed in 2010. President is having a conference on the name of fairness, Mr. Obama won’t mere- Mr. Speaker, while a number of my jobs. They want to seem to be doing ly bring back from the dead one of the most colleagues on the other side of the aisle something positive while really doing despised of all federal taxes, and not merely will claim that the estate tax in this splinter many family-owned enterprises. He great damage to our economy and will also forfeit half the jobs he hopes to gain bill will only affect the lavishly hardworking Americans. from his $787 billion stimulus bill. Maybe wealthy, the estate tax has the poten- Mr. Speaker, I would like to refer to that’s why the news of this unwise tax in- tial to drive a number of hardworking an article from The Wall Street Jour- crease was hidden in a footnote. families, many of whom are small busi- nal of 31 March 2009 and place it in the Mr. Speaker, ‘‘Lawrence Summers, ness owners, to liquidate assets and RECORD. President Obama’s chief economic ad- sell their businesses and farms that [From the Wall Street Journal, Mar. 31, 2009] viser, declared recently that ‘Let’s be they have owned for generations. NIGHT OF THE LIVING DEATH TAX very clear: There are no, no tax in- Clearly, this is not the intent of any Lawrence Summers, President Obama’s creases this year. There are no, no tax form of an estate tax. And I don’t be- chief economic adviser, declared recently increases next year.’ Oh, yes, yes, there lieve that Rev. Rick Warren’s remarks that ‘‘Let’s be very clear: There are no, no are. The President’s budget calls for on ‘‘Meet the Press’’ this past Sunday tax increases this year. There are no, no tax the largest increase in the death tax in were advocating that our children and increases next year.’’ Oh yes, yes, there are. U.S. history in 2010. our grandchildren should be born poor The President’s budget calls for the largest ‘‘The announcement of this tax in- and die poor. increase in the death tax in U.S. history in crease was buried in footnote 1 on page 2010. I wholeheartedly believe that there The announcement of this tax increase is 127 of the President’s budget. That note should be no ‘‘taxation without res- buried in footnote 1 on page 127 of the Presi- reads: ‘The estate tax is maintained at piration,’’ and I support a full repeal of dent’s budget. That note reads: ‘‘The estate its 2009 parameters.’ This means the the estate tax. Former Congressional tax is maintained at its 2009 parameters.’’ death tax won’t fall to zero next year Budget Office Director Douglas Holtz- This means the death tax won’t fall to zero as scheduled under current law, but es- Eakin issued a study earlier this year next year as scheduled under current law, tates will be taxed instead at up to 45 that indicated the long-term impact of but estates will be taxed instead at up to percent, with an exemption level of $3.5 eliminating the death tax would be to 45%, with an exemption level of $3.5 million (or $7 million for a couple). Better not plan million . . . Better not plan on dying increase small business capital invest- on dying next year after all. next year after all.’’ ment by $1.6 trillion and create up to This controversy dates back to George W. I know we are not discussing the 1.5 million jobs, something this coun- Bush’s first tax cut in 2001 that phased down President’s budget here today with try, Mr. Speaker, desperately needs. the estate tax from 55% to 45% this year and that bill, but I think this shows that Unfortunately, this closed rule and then to zero next year. Although that 10– they are trying every way possible to underlying bill look to break the com- year tax law was to expire in 2011, meaning reinstitute what is probably the most mitments made by Congress in 2001 by that the death tax rate would go all the way hated tax in the United States. The extending the estate tax at the 2009 back to 55%, the political expectation was American people understand this is not that once the estate tax was gone for even level in perpetuity. And I am also con- one year, it would never return. a fair tax, whether they are hit by it or cerned that although the exemption And that is no doubt why the Obama Ad- not. level is $3.5 million under H.R. 4154, it ministration wants to make sure it never I want to read another piece from is not properly indexed for inflation hits zero. It doesn’t seem to matter that the The Wall Street Journal article. ‘‘The

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13476 CONGRESSIONAL RECORD — HOUSE December 3, 2009 importance of intergenerational wealth had things going on. They had a very often. But today it illustrates why we transfers was first measured in a Na- active ranch. But when she died, the are going to have a revolution next tional Bureau of Economic Research estate tax was 55 percent. And within year. In 2010, there is going to be a rev- study in 1980. That study looked at the year, while the estate was being olution at the ballot box, and we will wealth and savings over the first three- settled, the FDIC dumped land. The $5 have a conservative majority in this quarters of the 20th century and found million estate fell in value. Land that House because of votes like this to that ‘intergenerational transfers ac- was valued at $2,000 at her death be- raise taxes. count for the vast majority of aggre- came valued at $700 an acre. The IRS Mr. LINCOLN DIAZ-BALART of gate U.S. capital formation.’ The co- came in and sold every acre of my Florida. Mr. Speaker, it’s my pleasure author of that study was . . . Lawrence great aunt’s land, her wonderful home to yield 2 minutes to my distinguished Summers.’’ where she had a will, she promised friend from Louisiana (Mr. SCALISE). Mr. Summers understood this when things to her direct descendants, we all Mr. SCALISE. Mr. Speaker, I want to he was first at Harvard. had to gather at an auction the IRS thank my colleague from Florida for The SPEAKER pro tempore. The forced to buy things from my great his leadership on this. time of the gentlewoman has expired. aunt. This is morally wrong. Mr. Speaker, the American people Mr. LINCOLN DIAZ-BALART of And Jesus never advocated to the across the country are asking, Where Florida. I yield 30 more seconds. government, Go steal. He said, You do are the jobs? And all they see from this Ms. FOXX. I appreciate the gen- it, do it with your own money. Don’t go Democrat-controlled Congress is more tleman yielding me the additional steal it from somebody else. And that’s bills that will actually kill jobs and time. why this should not pass. run jobs out of the country. And make Mr. Speaker, this is not good for the Mr. LINCOLN DIAZ-BALART of no mistake about it: the death tax will American people at a time when we Florida. Mr. Speaker, I yield 2 minutes kill more jobs in this country. To place a permanent 45 percent tax need to be creating jobs not destroying to my distinguished friend from Texas on death is immoral. Think about this: jobs. Again, the President wanted to (Mr. CULBERSON). the small businesses in our country are create jobs with the stimulus. He has Mr. CULBERSON. Mr. Speaker, this hit the hardest. The actual job creators created no jobs with it. This is going to debate today from every angle reminds in this country are hit the hardest by destroy even more jobs. This is the me, once again, reinforces how proud I the death tax. When a family member wrong direction to be going. am to be a Texan and how proud I am dies, the biggest decision they make Mr. LINCOLN DIAZ-BALART of to be a conservative Republican. Be- after that death should not be about Florida. Mr. Speaker, I yield 3 minutes cause the contrast is just astonishing, to think that today the Democratic how they have to sell their family busi- to the gentleman from Texas (Mr. ness because they can’t afford to pay GOHMERT). President at the White House is hold- ing a jobs summit and breakout ses- the taxes upon death. And that’s what b 1100 happens under this death tax. And here sions trying to figure out how to create they have a bill to enshrine the tax at Mr. GOHMERT. Mr. Speaker, I do jobs while his Democrat friends in Con- 45 percent. agree with my friend from Colorado: we gress are creating a permanent death all should be paying our fair share. Now, if anyone wonders where are the tax. jobs, as the President is holding a jobs However, this Congress has said in the Raising taxes, once again, is the summit, while unemployment smashed past maybe 39 percent should not pay standard reaction of this majority that through the 10 percent mark earlier their fair share. They won’t pay any in- has controlled Congress since 2007. In this year, all they have to do is look at come tax. And this administration ap- my first year in 2001, I was here, proud the policies President Obama keeps parently has indicated he wants to to vote for the permanent repeal of the bringing up. It started with the stim- take that at least to 44 percent of death tax, taking it to zero forever. ulus bill that didn’t create jobs and Americans not paying their fair share. The Democrats in the Senate prevented just added more debt to our children But what the death tax does is go us from making that permanent by and grandchildren. And then they after people who have paid at the high- blocking it with 60 votes. And that is brought the policies like this energy est levels of income tax throughout often a source of confusion. People tax, the cap-and-trade energy tax, and their lives and yet have still been fru- need to remember, they often ask me, then the government takeover of gal enough to build a business, build a Why isn’t the death tax repeal perma- health care. And here we are today de- farm, and then when they’re dead, nent? It is because Democrats in the bating a bill that is going to enshrine come in and take it away from them. Senate prevented us from getting 60 a 45 percent tax on death. And Speaker They’ve paid their fair share. votes which was required to make it PELOSI wouldn’t even allow us to bring Even though the argument is made permanent. So we were stuck with this an amendment to the floor that would that this won’t affect that many peo- 10-year window. repeal it. ple, that not that many people pay the And the reaction of the Democrat There is a clear contrast between the estate tax. When something is not majority in Congress today is to create two parties on this issue. When we are right, you need to draw the line. That a permanent death tax and try to pitch in the majority, we will repeal the is what the Founders did. They said it as a ‘‘tax reduction.’’ It’s absurd. It’s death tax, and here they’ve got a bill principle is worth fighting for, and we sad. It illustrates clearly how blind the that will enshrine it at 45 percent per- will not give in to these confiscatory Democrat majority is to the funda- manently. practices of the monarch in Great Brit- mental truths of job creation. We in Taxation without respiration should ain. So we had a revolution. Texas understand that to create jobs not be the law of the land. Now, after someone dies, and some- you cut taxes. You pass tort reform to Mr. LINCOLN DIAZ-BALART of one comes in and steals from them, we prevent frivolous lawsuits. We brought Florida. Mr. Speaker, I yield 2 minutes consider that, in most societies, rep- doctors into Texas by giving doctors to the distinguished gentleman from rehensible. That is just despicable. I medical malpractice caps and limits on California (Mr. CAMPBELL). have sentenced people personally to lawsuits against doctors. People from Mr. CAMPBELL. Mr. Speaker, I prison for doing that. But when the all over the country have moved to thank the gentleman for yielding. I government comes in, because we have Texas because of the number of jobs could talk about a lot of bad things the power to pass laws and legalize that we create with a low-tax environ- about this tax and this bill. I could theft that otherwise would be consid- ment and with litigation reform. talk about how inefficient it is, how it ered reprehensible, it’s okay. It is not Mr. Speaker, these are self-evident costs almost as much to collect as it okay. It is not okay. truths. You create jobs by cutting raises in revenue. I could talk about I have a personal family situation. A taxes, by protecting businesses from how most of the income that would be great aunt and her husband, who pre- excessive litigation and regulation. taxed or most of the wealth would be deceased her, built through generations This is why I’m again reminded why taxed here has already been taxed once. a family farm. They were land rich, but I’m so proud to be a conservative Re- I could talk about the morality of say- money poor. They had employees. They publican. I try not to use that word ing that in this country some people

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13477 are allowed to leave the fruits of a life- today. And it is time to bury the death So borrowing didn’t work. Spending time of work to their children, and tax once and for all. didn’t work. other people are not allowed to leave As they set the rules for this debate So here’s the latest plan, Mr. Speak- the fruits of their lifetime work to today, we naively think that Congress er. Let’s have a perpetual plan to tax their children. is a debate of ideas, the best ideas win. people when they die. Maybe that will But there are two other things I want Unfortunately, the American public create jobs in the economy. to emphasize in this short time here won’t get to hear that debate or have Mr. Speaker, it doesn’t work. It this morning. One is that the one thing that choice today because the Demo- doesn’t work. As the gentleman from we need more than anything else in crat majority did not allow an amend- Texas said, it is time to put the death this country right now are jobs. And ment, a bipartisan amendment, a bet- tax to death. People have already paid. this bill will kill jobs. Why? Because ter idea in how we help our family We will not start new businesses when when people are subject to this tax, farms and small businesses survive. you tax small businesses. It’s time to they spend all their time, effort and This amendment was offered, a bipar- get rid of the death tax once and for money, and as a CPA who worked on tisan one, by Congresswoman SHELLEY all. this at one time I have seen it up front BERKLEY of Nevada, myself, Congress- It’s an unfair tax. It ought to be an and close and personal, reducing the man ARTUR DAVIS of Alabama, and illegal tax. value of their wealth so they can re- Congressman DEVIN NUNES of Cali- Mr. LINCOLN DIAZ-BALART of duce the tax. That does not create jobs. fornia. And it’s an amendment sup- Florida. I thank you, Mr. Speaker, for Without this tax, if the tax were ported by the groups that are most the courtesy, and my friend, Mr. POLIS, eliminated, those people would con- damaged by this death tax, small busi- for his courtesy and all those who have tinue to be employing that wealth in nesses, family farms, local printers and participated in this debate. And I think income-producing efforts in the sorts of grocers and others. And what it did is the essence of the contrast of ideas things that create jobs. But also this provide a $5 million exemption for the that has been shown today is that we particular bill that’s before us today is death tax and a below-35 percent tax on this side of the aisle believe that we not indexed for inflation. rate in permanence. should be focused like a laser on job This is an amendment to a bill that Now let’s see. What other tax do we creation. I think Mr. HENSARLING said have that’s not indexed for inflation? has strong bipartisan support. It is has it very well, Will this legislation create 37 cosponsors, and it has strong support Oh, yeah, the alternative minimum jobs? tax, which when that was passed, this from around the country. So when peo- b 1115 House was told, well, it is only going to ple say today, this is the best we can tax 139 taxpayers. Don’t you worry do? No, it’s not. We don’t think so. As a matter of It’s not the best we can do. Given a about it. It’s just to get the very fact, we are convinced that it will con- choice, we have to do better for our wealthy, just the really bad people. But tinue to take the country in the wrong family farms and small businesses. And now because it’s not indexed for infla- direction with regard to employment. there is no support for the overall bill Unemployment continues to rise, and tion, that tax now, instead of 139 peo- from small businesses, family farms, ple, hits 25 million people. And this the majority brings more regulation, from our local retailers, none at all. So more taxes, and further stifles small death tax, not indexed for inflation, rather than place on the floor a bipar- will do exactly the same thing, particu- business at a time when we should be tisan bill that had broad support, they encouraging jobs. larly when the inflation that the chose to offer a partisan bill that has Obama administration is heading us to- Mr. Speaker, we believe, as the over- no support. whelming majority of the American wards comes together. It is time to solve this problem. It’s This is a bad bill. Defeat it. people do, that Members should have time to bury the death tax once and for the ability to read bills before they Mr. LINCOLN DIAZ-BALART of all. It’s time to hear better ideas on vote on them. It really shouldn’t be an Florida. Mr. Speaker, I yield 4 minutes this floor that can help create jobs in issue because that was promised by the to my distinguished friend from Texas, America, help generations go forward, distinguished Speaker during the cam- the Ways and Means Subcommittee on and reward the people who work the paign when the majority was cam- Trade ranking member, Mr. BRADY. hardest, work the longest, and work paigning to take the majority. And Mr. BRADY of Texas. Mr. Speaker, the smartest in hopes of handing nest even on her Web site, you’ll read Mem- I’m proud to be a co-chairman of the eggs down to their children. The death bers should have at least 24 hours to Death Tax Coalition in the U.S. House, tax is not just unfair; it is immoral and examine bills before floor consider- those of us who understand the de- un-American. structive levels of this tax on our fam- Mr. LINCOLN DIAZ-BALART of ation. But that hasn’t been the case. I re- ily farms and small businesses in Florida. Mr. Speaker, I yield 11⁄2 min- America. utes to my dear friend from Texas (Mr. member when the Rules Committee—at Can you imagine working your whole HENSARLING). 3 in the morning we were handed a 900- life risking your money and your time Mr. HENSARLING. Mr. Speaker, un- page amendment to the so-called cap- working your weekends to either build fortunately, we all know the sad news and-trade energy legislation that we your family farm or to start your busi- that under this administration and this had to vote on simply hours afterward. ness only to find out when you die, Congress, our Nation has the worst, the And the American people were right- Uncle Sam swoops in and takes nearly worst unemployment rate in a genera- fully outraged about examples such as half of all you spent a lifetime building tion. Over 31⁄2 million of our fellow that. That’s why there’s legislation up, takes half of what you had hoped to countrymen have lost their jobs since that’s been filed by a bipartisan group give to your children and grand- President Obama has come into office. that has 182 Members that have signed, children? So what have our friends on the other right up there, right in front of you, That is the death tax in America. It side of the aisle tried to do? Well, they Mr. Speaker, a discharge petition to is the wrong tax. It is the wrong people have tried to spend their way into job have legislation brought to the floor at exactly the wrong time. creation with a $1.1 trillion govern- requiring at least 72 hours before the The only real solution to it is to fully ment stimulus plan, a $410 billion om- legislation has to be voted on by this and permanently repeal it, to solve it nibus spending plan, and a threatened House. once and for all, to give family farms, trillion dollar takeover of our health So that’s why today I’m asking for a small businesses, women and minority- care system plan. Well, that didn’t get ‘‘no’’ vote on the previous question so owned businesses the peace of mind of us any jobs. that we can consider that legislation, knowing that they can hand down to So they have tried to borrow their bipartisan legislation by Congressmen their children the nest egg they have way into prosperity. Now we have the BAIRD and CULBERSON. It’s not going to spent a life of toil, risk and taxation to first trillion-dollar deficit in our Na- interrupt the death tax debate, the es- build up. tion’s history, a spending plan to tri- tate tax bill, because if the motion That is what Republicans support. ple, triple the national debt in the next passes, the motion I’m making pro- That is what we are going to vote for 10 years. vides for separate consideration of the

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13478 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Baird-Culberson bill within 3 days. So percent and $1 million, every dollar ing the 2020 Olympic team by picking we can vote on the estate tax bill and above $1 million would be taxed at 55 the eldest sons of the gold medal win- then, once we’re done, consider that percent if we don’t pass this in the year ners in the 2000 Olympics’’ because legislation requiring the 72 hours. 2011 and beyond. We are reducing that. ‘‘without the estate tax, you in effect I ask unanimous consent to insert This is a substantial decrease one of will have an aristocracy of wealth, the text of the amendment and extra- the largest decreases in the inheritance which means you pass down the ability neous materials immediately prior to tax rate, to 45 percent from 55 percent to command the resources of the na- the vote on the previous question. in 2011 and beyond. And we’re increas- tion based on heredity rather than The SPEAKER pro tempore. Is there ing the deduction. We’re starting that merit.’’ objection to the request of the gen- at a $3.5 million estate—that’s a $7 mil- America is, and should be, a tleman from Florida? lion estate for a couple that passes meritocracy. Estate tax helps prevent There was no objection. away, instead of a $1 million deduction, a permanent aristocracy of the wealthy Mr. LINCOLN DIAZ-BALART of to be clear. I’d further like to make it from arising in this country. Some op- Florida. Mr. Speaker, I yield back the clear that repealing the estate tax and ponents of the estate tax claim that it balance of my time. replacing it with a capital gains tax on forces families to hand over half of Mr. POLIS. Mr. Speaker, I want to the increase in basis would be a tax in- their wealth to the government. But begin by addressing some of the mis- crease, as proposed by my colleagues the facts simply don’t support this conceptions and inaccuracies in the ar- on the other side of the aisle. This claim. The truth is that few estates guments that have been made on the would be a tax increase for upper mid- pay any estate tax whatsoever, and other side of the aisle. dle class families and would actually those that do, pay less than 20 percent First, I’d like to address some made result in many families losing their of the value of their estate. We also by the gentleman from Texas that this family businesses. know that the claims of rampant liq- is a tax on those who have paid the If you have a $3 million family busi- uidation of farms is completely untrue. highest tax rates throughout their ness, family farm, under the Demo- In fact, the American Farm Bureau lives. I’d like to dispute this notion. cratic proposal they pay zero tax. Federation acknowledged to The New Many of the people who have accumu- Under the Republican proposal, a $3 York Times that it couldn’t find a sin- lated great wealth in this country million family estate or farm with a gle example of a farm to substantiate have, throughout their lives, paid the very low basis, they started it maybe the claim, even when the estate tax capital gains tax rather than the in- with $100,000 in the 1950s, so that’s a $3 was higher, 55 percent rather than the come tax rate. I, for one, and I’m, I million gain, that would be subject to 45 percent it is today. think, the fourth- or fifth-wealthiest $450,000 capital gains tax. At 20 percent I’d like to give a quote from the Member of this body—I’ve accumulated it would be over $600,000 in taxes. That president of the National Farmers some degree of wealth with my success could result in the family losing the Union, who says, ‘‘Family farmers and in the Internet sector, starting compa- farm or losing the small business. ranchers are insulted by those who use nies, selling them. I’ve paid the capital Under the Democratic proposal we farmers as the reason for eliminating gains tax. That is a 15 percent tax, not allow families to keep family farms estate taxes.’’ I’d also like to give a a 39.6 or a 35 percent tax. and small businesses in the family. quote from George Soros. George Soros In a moment we will hear some Mr. Speaker, this bill is one of many said, ‘‘The estate tax is the least dam- quotes from Mr. Buffett, Mr. Gates and steps that Congress must take towards aging of all our taxation because it Mr. Soros, three wealthy Americans, an equitable Tax Code. The bill high- does not interfere with wealth cre- all supporters of the estate tax. They lights Democratic commitments to ation. It increases social equality. It is have also accumulated their wealth fairness by making permanent the cur- so obvious estate taxation is a valuable and have paid the capital gains rate. In rent estate tax exemption of $3.5 mil- taxation, and we should keep it.’’ the case of, for instance, Bill Gates, the lion, $7 million total, at a maximum Again, on a revenue neutral basis, I wealthiest American, he has paid a tax rate of 45 percent. Opponents of would much rather pay $1,000 in tax rate substantially below 15 percent, this bill may say the estate tax should after I die than before, when I’m using due to his charitable contributions. be repealed. Well, that’s supporting a that capital to create value and jobs, The rate that Mr. Gates has paid is debt finance tax cut of $1.3 trillion. or at least I was before I got to Con- probably somewhere in the 10–12 per- Yes, repealing the estate tax in its gress. cent tax range. entirety would result in an increase in Mr. Speaker, our choice here is clear. So again, I have paid less percentage the deficit of $1.3 trillion. That’s $1 We can pass this bill which will remove tax than members of my staff here in trillion in lost revenue and $277 billion the impact of the estate tax from 99.75 Congress that earn $50,000, $60,000 a in increased interest payments on our percent of Americans and give those year. They pay a higher tax rate. So growing national debt. Does that sound who will pay this tax a substantially it’s inaccurate to say that those who like fiscal responsibility? The only re- larger deductible. We can make sure are hit with the estate tax have paid sult of repealing the estate tax would that family businesses and family the highest tax rate throughout their be that the .25 percent, quarter of 1 farms won’t be subject to onerous tax- lives. There might be some movie percent, of the wealthiest American ation. Or we can increase the deficit by stars, sports stars, high-wage earners families will pay a small estate tax, over $1 trillion and increase taxes for that have been paying the high-income while other Americans won’t have to estates of $2 million, $3 million, $4 mil- margins, highest marginal income tax suffer from increased debt. lion with sizable capital gains within rate throughout their lives. But the Mr. Speaker, let’s be honest with the those estates. majority of wealth is accumulated on American people. The estates of those Once again, I thank Chairman RAN- the capital side and has been subject to 99.75 percent of Americans will con- GEL, the members of the Committee on the capital gains rate, which had been tinue to be tax free. As for those .25 Ways and Means and their staffs, as 20 percent, more recently, 15 percent, percent that are subject to the tax, well as Representative POMEROY, for and scheduled to return to 20 percent; such as Bill Gates’ estate, such as my bringing this important legislation to regardless, well below the highest mar- own, we understand that ‘‘the govern- the floor. In America, it’s not a sin to ginal rate. ment that protects our business activi- be rich, nor is it a crime to die rich. I’d also like to address a remark ties, the traditions that enable us to This bill gives our Nation’s wealthiest made by my colleague from North rely on certain things happening, families the ability to know exactly Carolina, Dr. FOXX. She called this the that’s what creates capital and enables what their obligation to the Nation biggest increase ever in the inheritance net worth to increase.’’ that fostered their wealth will be. And tax rate. Again, this is a decrease, a de- Those are Bill Gates’ words, not it is fair, and it is just. crease in the inheritance tax. Yes, mine. But I strongly agree. In Warren Mr. Speaker, I’d ask my colleagues to there is a 1-year effect. For the year Buffett’s opposition to the repeal of the join me on the side of facts, equity, and 2010 alone, it’s an increase. For every estate tax, he said that the repeal of the 99 percent of Americans who will other year it’s a decrease. Instead of 55 the estate tax would be akin to ‘‘choos- never pay this tax and who wish that

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13479 they were lucky enough to be success- asking who was entitled to recognition. Capps Hoyer Peters ful enough to pay this tax, and remind Speaker Joseph G. Cannon (R-Illinois) said: Cardoza Inslee Peterson ‘‘The previous question having been refused, Carnahan Israel Pingree (ME) them that a ‘‘no’’ vote is a vote against Carney Jackson (IL) Polis (CO) the gentleman from New York, Mr. Fitz- these principles. Carson (IN) Jackson-Lee Pomeroy gerald, who had asked the gentleman to I ask my colleagues to vote ‘‘yes’’ on Castor (FL) (TX) Price (NC) yield to him for an amendment, is entitled to Chandler Johnson (GA) Quigley the Permanent Estate Tax Relief for the first recognition.’’ Chu Johnson, E. B. Rahall Families, Farmers, and Small Busi- Because the vote today may look bad for Clarke Kagen Rangel nesses Act of 2009. I urge a ‘‘yes’’ vote the Democratic majority they will say ‘‘the Clay Kanjorski Reyes on the previous question, and I urge a vote on the previous question is simply a Cleaver Kennedy Richardson Clyburn Kildee Rodriguez ‘‘yes’’ vote on the rule. vote on whether to proceed to an immediate Cohen Kilpatrick (MI) Ross The material previously referred to vote on adopting the resolution . . . [and] Connolly (VA) Kilroy Rothman (NJ) by Mr. LINCOLN DIAZ-BALART of Florida has no substantive legislative or policy im- Conyers Kind Roybal-Allard is as follows: plications whatsoever.’’ But that is not what Cooper Kirkpatrick (AZ) Ruppersberger they have always said. Listen to the defini- Costa Kissell Rush AMENDMENT TO H. RES. 941 OFFERED BY MR. tion of the previous question used in the Costello Klein (FL) Salazar ´ LINCOLN DIAZ-BALART OF FLORIDA Floor Procedures Manual published by the Courtney Kucinich Sanchez, Linda At the end of the resolution, insert the fol- Crowley Langevin T. Rules Committee in the 109th Congress, Cuellar Larsen (WA) Sanchez, Loretta lowing new section: (page 56). Here’s how the Rules Committee Cummings Larson (CT) Sarbanes SEC. 3. On the third legislative day after described the rule using information from Dahlkemper Lee (CA) Schakowsky the adoption of this resolution, immediately Congressional Quarterly’s ‘‘American Con- Davis (AL) Levin Schauer after the third daily order of business under gressional Dictionary’’: ‘‘If the previous Davis (CA) Lewis (GA) Schiff clause 1 of rule XIV and without interven- question is defeated, control of debate shifts Davis (IL) Lipinski Schrader tion of any point of order, the House shall to the leading opposition member (usually Davis (TN) Loebsack Schwartz proceed to the consideration of the resolu- DeFazio Lofgren, Zoe Scott (GA) the minority Floor Manager) who then man- DeGette Lowey Scott (VA) tion (H. Res. 554) amending the Rules of the ages an hour of debate and may offer a ger- Delahunt Luja´ n Serrano House of Representatives to require that leg- mane amendment to the pending business.’’ DeLauro Lynch Sestak islation and conference reports be available Deschler’s Procedure in the U.S. House of Dicks Maffei Shea-Porter on the Internet for 72 hours before consider- Representatives, the subchapter titled Dingell Maloney Sherman ation by the House, and for other purposes. ‘‘Amending Special Rules’’ states: ‘‘a refusal Doggett Markey (CO) Shuler The resolution shall be considered as read. to order the previous question on such a rule Doyle Markey (MA) Sires The previous question shall be considered as Driehaus Marshall Skelton [a special rule reported from the Committee Edwards (MD) Massa Slaughter ordered on the resolution and any amend- on Rules] opens the resolution to amend- Edwards (TX) Matheson Smith (WA) ment thereto to final adoption without in- ment and further debate.’’ (Chapter 21, sec- Ellison Matsui Snyder tervening motion or demand for division of tion 21.2) Section 21.3 continues: Upon rejec- Ellsworth McCarthy (NY) Space the question except: (1) one hour of debate tion of the motion for the previous question Engel McCollum Speier equally divided and controlled by the chair on a resolution reported from the Committee Eshoo McDermott Spratt and ranking minority member of the Com- on Rules, control shifts to the Member lead- Etheridge McIntyre Stark mittee on Rules; (2) an amendment, if offered Farr McMahon Stupak ing the opposition to the previous question, Fattah McNerney Tanner by the Minority Leader or his designee and if who may offer a proper amendment or mo- Filner Meek (FL) Thompson (CA) printed in that portion of the Congressional tion and who controls the time for debate Foster Meeks (NY) Thompson (MS) Record designated for that purpose in clause thereon.’’ Frank (MA) Michaud Tierney 8 of rule XVIII at least one legislative day Clearly, the vote on the previous question Fudge Miller (NC) Titus prior to its consideration, which shall be in on a rule does have substantive policy impli- Garamendi Miller, George Tonko order without intervention of any point of cations. It is one of the only available tools Grayson Mollohan Towns order or demand for division of the question, Green, Al Moore (KS) Tsongas for those who oppose the Democratic major- Green, Gene Moore (WI) Van Hollen shall be considered as read and shall be sepa- ity’s agenda and allows those with alter- Grijalva Murphy (CT) Vela´ zquez rately debatable for twenty minutes equally native views the opportunity to offer an al- Gutierrez Murphy (NY) Visclosky divided and controlled by the proponent and ternative plan. Hall (NY) Murphy, Patrick Walz an opponent; and (3) one motion to recommit Mr. POLIS. Mr. Speaker, I yield back Halvorson Murtha Wasserman Hare Nadler (NY) Schultz which shall not contain instructions. Clause the balance of my time, and I move the 1(c) of rule XIX shall not apply to the consid- Harman Napolitano Waters eration of House Resolution 554. previous question on the resolution. Hastings (FL) Neal (MA) Watson The SPEAKER pro tempore. The Heinrich Oberstar Watt Herseth Sandlin Obey Waxman (The information contained herein was question is on ordering the previous Higgins Olver Weiner provided by Democratic Minority on mul- question. Hinchey Ortiz Welch tiple occasions throughout the 109th Con- The question was taken; and the Hinojosa Owens Wexler gress.) Speaker pro tempore announced that Hodes Pallone Wilson (OH) Holden Pascrell Woolsey THE VOTE ON THE PREVIOUS QUESTION: WHAT the ayes appeared to have it. Holt Pastor (AZ) Wu IT REALLY MEANS Mr. LINCOLN DIAZ-BALART of Honda Payne Yarmuth This vote, the vote on whether to order the Florida. Mr. Speaker, on that I demand NAYS—187 previous question on a special rule, is not the yeas and nays. Aderholt Buyer Fallin merely a procedural vote. A vote against or- The yeas and nays were ordered. dering the previous question is a vote Akin Calvert Flake against the Democratic majority agenda and The SPEAKER pro tempore. Pursu- Alexander Camp Fleming ant to clause 8 and clause 9 of rule XX, Austria Campbell Forbes a vote to allow the opposition, at least for Bachmann Cantor Fortenberry the moment, to offer an alternative plan. It this 15-minute vote on ordering the Bachus Cao Foxx is a vote about what the House should be de- previous question will be followed by 5- Baird Capito Franks (AZ) bating. minute votes on adopting House Reso- Barrett (SC) Carter Frelinghuysen Mr. Clarence Cannon’s Precedents of the lution 941, if ordered; agreeing to the Bartlett Cassidy Gallegly Barton (TX) Castle Garrett (NJ) House of Representatives, (VI, 308–311) de- Speaker’s approval of the Journal, if scribes the vote on the previous question on Biggert Chaffetz Gohmert Bilbray Childers Goodlatte the rule as ‘‘a motion to direct or control the ordered; and suspending the rules on House Resolution 28. Bilirakis Coble Granger consideration of the subject before the House Bishop (NY) Coffman (CO) Graves being made by the Member in charge.’’ To The vote was taken by electronic de- Blackburn Cole Griffith defeat the previous question is to give the vice, and there were—yeas 228, nays Blunt Conaway Guthrie opposition a chance to decide the subject be- 187, not voting 19, as follows: Boehner Crenshaw Hall (TX) Bonner Culberson Harper fore the House. Cannon cites the Speaker’s [Roll No. 923] ruling of January 13, 1920, to the effect that Bono Mack Davis (KY) Hastings (WA) YEAS—228 Boozman Deal (GA) Heller ‘‘the refusal of the House to sustain the de- Boustany Dent Hensarling Abercrombie Becerra Boswell mand for the previous question passes the Brady (TX) Diaz-Balart, L. Herger Ackerman Berkley Boucher control of the resolution to the opposition’’ Broun (GA) Diaz-Balart, M. Hill Adler (NJ) Berman Boyd in order to offer an amendment. On March Brown (SC) Donnelly (IN) Himes Altmire Berry Brady (PA) Brown-Waite, Dreier Hoekstra 15, 1909, a member of the majority party of- Andrews Bishop (GA) Braley (IA) Ginny Duncan Hunter fered a rule resolution. The House defeated Baca Blumenauer Bright Buchanan Ehlers Inglis the previous question and a member of the Baldwin Boccieri Brown, Corrine Burton (IN) Emerson Issa opposition rose to a parliamentary inquiry, Bean Boren Butterfield

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13480 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Jenkins McMorris Roskam Cohen Kennedy Price (NC) Kratovil Murphy, Tim Schock Johnson (IL) Rodgers Royce Connolly (VA) Kildee Quigley Lamborn Myrick Sensenbrenner Johnson, Sam Mica Ryan (WI) Conyers Kilpatrick (MI) Rahall Lance Neugebauer Sessions Jones Miller (FL) Scalise Cooper Kilroy Rangel Latham Nunes Shadegg Jordan (OH) Miller (MI) Schmidt Costa Kind Reyes LaTourette Nye Shimkus Kaptur Miller, Gary Schock Costello Kissell Richardson Latta Olson Shuler King (IA) Minnick Sensenbrenner Courtney Klein (FL) Rodriguez Lee (NY) Paul Shuster King (NY) Mitchell Sessions Crowley Kucinich Ross Lewis (CA) Paulsen Simpson Kingston Moran (KS) Shadegg Cuellar Langevin Rothman (NJ) Linder Pence Skelton Kirk Murphy, Tim Shimkus Cummings Larsen (WA) Roybal-Allard LoBiondo Perriello Smith (NE) Myrick Luetkemeyer Petri Kline (MN) Shuster Dahlkemper Larson (CT) Ruppersberger Smith (NJ) Neugebauer Lummis Pitts Smith (TX) Kosmas Simpson Davis (AL) Lee (CA) Rush Nunes Davis (CA) Levin Lungren, Daniel Platts Souder Kratovil Smith (NE) Ryan (OH) Nye Davis (IL) Lewis (GA) E. Poe (TX) Stearns Lamborn Smith (NJ) Salazar Olson Davis (TN) Lipinski Mack Posey Sullivan Lance Smith (TX) Sa´ nchez, Linda Paul DeGette Loebsack Manzullo Price (GA) Taylor Latham Souder T. Paulsen Delahunt Lofgren, Zoe Marchant Putnam Teague LaTourette Stearns Pence DeLauro Lowey Sanchez, Loretta McCarthy (CA) Radanovich Terry Latta Sullivan Perriello Dicks Luja´ n Sarbanes McCaul Rehberg Thompson (PA) Lee (NY) Taylor Petri Dingell Lynch Schakowsky McClintock Reichert Thornberry Lewis (CA) Teague Pitts Doggett Maffei Schauer McCotter Roe (TN) Tiahrt Linder Terry Platts Doyle Maloney Schiff McHenry Rogers (AL) Tiberi Thompson (PA) LoBiondo Poe (TX) Driehaus Markey (CO) Schrader McKeon Rogers (KY) Turner Luetkemeyer Posey Thornberry Edwards (MD) Markey (MA) Schwartz McMorris Rogers (MI) Upton Lummis Price (GA) Tiahrt Edwards (TX) Marshall Scott (GA) Rodgers Rohrabacher Walden Lungren, Daniel Putnam Tiberi Ellison Massa Scott (VA) Mica Rooney Wamp E. Radanovich Turner Engel Matheson Serrano Miller (FL) Ros-Lehtinen Westmoreland Mack Rehberg Upton Eshoo Matsui Sestak Miller (MI) Roskam Whitfield Manzullo Reichert Walden Etheridge McCarthy (NY) Shea-Porter Miller, Gary Royce Wilson (SC) Marchant Roe (TN) Wamp Farr McCollum Sherman Minnick Ryan (WI) Wittman McCarthy (CA) Rogers (AL) Westmoreland Fattah McDermott Sires Mitchell Scalise Wolf McCaul Rogers (KY) Whitfield Filner McIntyre Slaughter Moran (KS) Schmidt Young (FL) McClintock Rogers (MI) Wilson (SC) Foster McMahon Smith (WA) NOT VOTING—19 McCotter Rohrabacher Wittman Frank (MA) McNerney Snyder McHenry Rooney Wolf Fudge Meek (FL) Space Barrow Gerlach Melancon McKeon Ros-Lehtinen Young (FL) Garamendi Meeks (NY) Speier Bishop (UT) Gonzalez Moran (VA) Grayson Michaud Boehner Gordon (TN) NOT VOTING—19 Spratt Sutton Green, Al Miller (NC) Stark Braley (IA) Hirono Welch Arcuri Gingrey (GA) Moran (VA) Green, Gene Miller, George Stupak Burgess Kagen Young (AK) Barrow Gonzalez Perlmutter Grijalva Mollohan Tanner Capuano Lucas Bishop (UT) Gordon (TN) Ryan (OH) Gutierrez Moore (KS) Thompson (CA) DeFazio McGovern Hall (NY) Moore (WI) Burgess Hirono Sutton Thompson (MS) Halvorson Murphy (CT) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capuano Lucas Young (AK) Tierney Hare Murphy (NY) Gerlach McGovern Titus The SPEAKER pro tempore (during Giffords Melancon Harman Murphy, Patrick Tonko the vote). There are 2 minutes remain- Hastings (FL) Murtha Towns Heinrich Nadler (NY) ing in this vote. b 1153 Herseth Sandlin Napolitano Tsongas Higgins Neal (MA) Van Hollen Ms. KOSMAS and Messrs. FRANKS ´ Hinchey Oberstar Velazquez b 1201 of Arizona and LUETKEMEYER Visclosky Hinojosa Obey So the resolution was agreed to. changed their vote from ‘‘yea’’ to Hodes Olver Walz ‘‘nay.’’ Holden Ortiz Wasserman The result of the vote was announced Schultz Mr. MOORE of Kansas changed his Holt Owens as above recorded. Honda Pallone Waters A motion to reconsider was laid on vote from ‘‘nay’’ to ‘‘yea.’’ Watson Hoyer Pascrell the table. So the previous question was ordered. Inslee Pastor (AZ) Watt The result of the vote was announced Israel Payne Waxman Jackson (IL) Perlmutter Weiner f as above recorded. Jackson-Lee Peters Wexler Stated for: (TX) Peterson Wilson (OH) Ms. GIFFORDS. Mr. Speaker, on rollcall No. Johnson (GA) Pingree (ME) Woolsey PERSONAL EXPLANATION Johnson, E. B. Polis (CO) Wu 923 I was unable to arrive in time to cast my Kanjorski Pomeroy Yarmuth Mr. GERLACH. Madam Speaker, Unfortu- vote. Had I been present, I would have voted nately, on Thursday, December 3, 2009, I ‘‘yea.’’ NOES—192 missed two recorded votes on the House floor. The SPEAKER pro tempore. The Aderholt Capito Giffords Had I been present, I would have voted ‘‘nay’’ question is on the resolution. Akin Carter Gingrey (GA) on rollcall 923 and ‘‘no’’ on rollcall 924. The question was taken; and the Alexander Cassidy Gohmert Austria Castle Goodlatte Speaker pro tempore announced that Bachmann Chaffetz Granger f the ayes appeared to have it. Bachus Childers Graves RECORDED VOTE Baird Coble Griffith Barrett (SC) Coffman (CO) Guthrie THE JOURNAL Ms. MATSUI. Mr. Speaker, I demand Bartlett Cole Hall (TX) a recorded vote. Barton (TX) Conaway Harper The SPEAKER pro tempore. Pursu- A recorded vote was ordered. Biggert Crenshaw Hastings (WA) ant to clause 8 of rule XX, the unfin- The SPEAKER pro tempore. This is a Bilbray Culberson Heller ished business is the question on agree- Bilirakis Davis (KY) Hensarling ing to the Speaker’s approval of the 5-minute vote. Bishop (NY) Deal (GA) Herger The vote was taken by electronic de- Blackburn Dent Hill Journal, which the Chair will put de vice, and there were—ayes 223, noes 192, Blunt Diaz-Balart, L. Himes novo. Bonner Diaz-Balart, M. Hoekstra not voting 19, as follows: The question is on the Speaker’s ap- Bono Mack Donnelly (IN) Hunter proval of the Journal. [Roll No. 924] Boozman Dreier Inglis Boustany Duncan Issa The question was taken; and the AYES—223 Brady (TX) Ehlers Jenkins Speaker pro tempore announced that Abercrombie Berry Capps Broun (GA) Ellsworth Johnson (IL) the ayes appeared to have it. Ackerman Bishop (GA) Cardoza Brown (SC) Emerson Johnson, Sam Adler (NJ) Blumenauer Carnahan Brown-Waite, Fallin Jones RECORDED VOTE Altmire Boccieri Carney Ginny Flake Jordan (OH) Mr. HASTINGS of Florida. Mr. Andrews Boren Carson (IN) Buchanan Fleming Kaptur Arcuri Boswell Castor (FL) Burton (IN) Forbes King (IA) Speaker, I demand a recorded vote. Baca Boucher Chandler Buyer Fortenberry King (NY) A recorded vote was ordered. Baldwin Boyd Chu Calvert Foxx Kingston The vote was taken by electronic de- Bean Brady (PA) Clarke Camp Franks (AZ) Kirk vice, and there were—ayes 250, noes 169, Becerra Bright Clay Campbell Frelinghuysen Kirkpatrick (AZ) Berkley Brown, Corrine Cleaver Cantor Gallegly Kline (MN) answered ‘‘present’’ 1, not voting 14, as Berman Butterfield Clyburn Cao Garrett (NJ) Kosmas follows:

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13481 [Roll No. 925] Burton (IN) Hunter Poe (TX) The vote was taken by electronic de- Buyer Inglis Price (GA) vice, and there were—yeas 417, nays 3, AYES—250 Calvert Issa Radanovich Abercrombie Harman Ortiz Camp Jenkins Rehberg not voting 14, as follows: Ackerman Hastings (FL) Owens Campbell Johnson, Sam Reichert [Roll No. 926] Cao Jones Andrews Heinrich Pallone Roe (TN) YEAS—417 Baca Heller Pascrell Carter Jordan (OH) Rogers (AL) Baird Herseth Sandlin Pastor (AZ) Cassidy Kilroy Rogers (KY) Abercrombie Dahlkemper Jackson-Lee Coble King (IA) Baldwin Higgins Paul Rogers (MI) Ackerman Davis (AL) (TX) Coffman (CO) King (NY) Bean Hill Paulsen Rohrabacher Aderholt Davis (CA) Jenkins Cole Kingston Becerra Himes Payne Rooney Adler (NJ) Davis (IL) Johnson (GA) Conaway Kirkpatrick (AZ) Berkley Hinchey Perlmutter Ros-Lehtinen Akin Davis (KY) Johnson (IL) Connolly (VA) Kline (MN) Berman Hinojosa Peters Roskam Alexander Davis (TN) Johnson, E. B. Costa Lamborn Altmire Deal (GA) Johnson, Sam Berry Hirono Peterson Royce Crenshaw LaTourette Andrews DeFazio Jones Biggert Hodes Petri Ryan (WI) Culberson Latta Arcuri DeGette Jordan (OH) Bilbray Holden Pingree (ME) Scalise Bishop (GA) Holt Dahlkemper Lee (NY) Austria Delahunt Kagen Pitts Schmidt Bishop (NY) Honda Davis (KY) Lewis (CA) Baca DeLauro Kanjorski Polis (CO) Schock Blackburn Hoyer Deal (GA) Linder Bachmann Dent Kaptur Pomeroy Sensenbrenner Blumenauer Inslee Diaz-Balart, L. LoBiondo Bachus Diaz-Balart, L. Kennedy Posey Sessions Boren Israel Diaz-Balart, M. Lummis Baird Diaz-Balart, M. Kildee Price (NC) Boswell Jackson (IL) Donnelly (IN) Lungren, Daniel Shadegg Baldwin Dicks Kilpatrick (MI) Putnam Boucher Jackson-Lee Dreier E. Shimkus Barrett (SC) Dingell Kilroy Quigley Boyd (TX) Duncan Manzullo Shuler Bartlett Doggett Kind Brady (PA) Johnson (GA) Rahall Ehlers Marchant Shuster Barton (TX) Donnelly (IN) King (IA) Braley (IA) Johnson (IL) Rangel Emerson Markey (CO) Simpson Bean Doyle King (NY) Brown, Corrine Johnson, E. B. Reyes Fallin Marshall Smith (NE) Becerra Dreier Kingston Butterfield Kagen Richardson Flake McCarthy (CA) Smith (NJ) Berkley Driehaus Kirk Capito Kanjorski Rodriguez Fleming McCaul Smith (TX) Berman Duncan Kirkpatrick (AZ) Capps Kaptur Ross Forbes McHenry Souder Berry Edwards (MD) Kissell Cardoza Kennedy Rothman (NJ) Fortenberry McKeon Stearns Biggert Edwards (TX) Klein (FL) Carnahan Kildee Roybal-Allard Foxx McMorris Stupak Bilbray Ehlers Kline (MN) Carney Kilpatrick (MI) Ruppersberger Franks (AZ) Rodgers Sullivan Bilirakis Ellison Kosmas Carson (IN) Kind Rush Frelinghuysen Mica Teague Bishop (GA) Ellsworth Kratovil Gallegly Miller (FL) Castle Kirk Ryan (OH) Terry Bishop (NY) Emerson Kucinich Garrett (NJ) Miller (MI) Castor (FL) Kissell Salazar Thompson (CA) Blackburn Engel Lamborn ´ Gerlach Miller, Gary Chaffetz Klein (FL) Sanchez, Linda Thompson (PA) Blumenauer Eshoo Lance Giffords Minnick Blunt Etheridge Chandler Kosmas T. Thornberry Langevin Gingrey (GA) Mitchell Boccieri Fallin Larsen (WA) Childers Kratovil Sanchez, Loretta Tiahrt Granger Moran (KS) Boehner Farr Larson (CT) Chu Kucinich Sarbanes Titus Graves Murphy, Tim Bonner Fattah Latham Clarke Lance Schakowsky Turner Clay Langevin Guthrie Myrick Bono Mack Filner LaTourette Schauer Upton Cleaver Larsen (WA) Schiff Hall (TX) Neugebauer Boozman Fleming Latta Walden Clyburn Larson (CT) Schrader Halvorson Nunes Boren Forbes Lee (CA) Wamp Cohen Latham Schwartz Harper Nye Boswell Fortenberry Lee (NY) Hastings (WA) Olson Westmoreland Conyers Lee (CA) Scott (GA) Boucher Foster Levin Hensarling Pence Wilson (SC) Cooper Levin Scott (VA) Boustany Foxx Lewis (CA) Herger Perriello Wolf Costello Lewis (GA) Serrano Boyd Frank (MA) Lewis (GA) Hoekstra Platts Young (FL) Courtney Lipinski Sestak Brady (PA) Franks (AZ) Linder Crowley Loebsack Shea-Porter Brady (TX) Frelinghuysen Lipinski ANSWERED ‘‘PRESENT’’—1 Braley (IA) Fudge Cuellar Lofgren, Zoe Sherman LoBiondo Gohmert Bright Gallegly Loebsack Cummings Lowey Sires Broun (GA) Garamendi Lofgren, Zoe Davis (AL) Luetkemeyer Skelton ´ NOT VOTING—14 Brown (SC) Garrett (NJ) Lowey Davis (CA) Lujan Slaughter Brown, Corrine Gerlach Luetkemeyer Davis (IL) Lynch Smith (WA) Barrow Gonzalez Melancon Davis (TN) Mack Bishop (UT) Gordon (TN) Brown-Waite, Giffords Luja´ n Snyder Moran (VA) DeFazio Maffei Burgess Green, Gene Ginny Gingrey (GA) Lungren, Daniel Space Watt DeGette Maloney Cantor Lucas Buchanan Gohmert E. Speier Young (AK) Delahunt Markey (MA) Capuano McGovern Burton (IN) Goodlatte Lynch Spratt DeLauro Massa Butterfield Granger Mack Stark Dent Matheson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buyer Graves Maffei Dicks Matsui Sutton The SPEAKER pro tempore (Mr. Calvert Grayson Maloney Tanner Camp Green, Al Manzullo Dingell McCarthy (NY) CUMMINGS) (during the vote). Two min- Doggett McClintock Taylor Campbell Green, Gene Marchant Doyle McCollum Thompson (MS) utes remain in this vote. Cantor Griffith Markey (CO) Driehaus McCotter Tiberi Cao Grijalva Markey (MA) Edwards (MD) McDermott Tierney b 1208 Capito Guthrie Marshall Edwards (TX) McIntyre Tonko Ms. KILROY and Mr. ADLER of New Capps Gutierrez Massa Ellison McMahon Towns Cardoza Hall (NY) Matheson Ellsworth McNerney Tsongas Jersey changed their vote from ‘‘aye’’ Carney Hall (TX) Matsui Engel Meek (FL) Van Hollen to ‘‘no.’’ Carson (IN) Halvorson McCarthy (CA) Eshoo Meeks (NY) Vela´ zquez So the Journal was approved. Carter Hare McCarthy (NY) Visclosky Etheridge Michaud The result of the vote was announced Cassidy Harman McCaul Farr Miller (NC) Walz Castle Harper McClintock Fattah Miller, George Wasserman as above recorded. Castor (FL) Hastings (FL) McCollum Schultz Chaffetz Hastings (WA) McCotter Filner Mollohan f Foster Moore (KS) Waters Chandler Heinrich McDermott Frank (MA) Moore (WI) Watson ENHANCING SECURITY TO RAIL Childers Heller McHenry Fudge Murphy (CT) Waxman Chu Hensarling McIntyre Garamendi Murphy (NY) Weiner AND MASS TRANSIT LINES Clarke Herger McKeon Goodlatte Murphy, Patrick Welch The SPEAKER pro tempore. The un- Clay Herseth Sandlin McMahon Grayson Murtha Wexler Cleaver Higgins McMorris Green, Al Nadler (NY) Whitfield finished business is the vote on the mo- Clyburn Hill Rodgers Griffith Napolitano Wilson (OH) tion to suspend the rules and agree to Coble Himes McNerney Grijalva Neal (MA) Wittman the resolution, H. Res. 28, as amended, Coffman (CO) Hinchey Meek (FL) Gutierrez Oberstar Woolsey Cohen Hinojosa Meeks (NY) Hall (NY) Obey Wu on which the yeas and nays were or- Cole Hirono Mica Hare Olver Yarmuth dered. Conaway Hodes Michaud The Clerk read the title of the resolu- Connolly (VA) Hoekstra Miller (FL) NOES—169 Conyers Holden Miller (MI) tion. Cooper Holt Miller (NC) Aderholt Barrett (SC) Boozman The SPEAKER pro tempore. The Costa Honda Miller, Gary Adler (NJ) Bartlett Boustany Costello Hoyer Miller, George Akin Barton (TX) Brady (TX) question is on the motion offered by Courtney Hunter Minnick Alexander Bilirakis Bright the gentlewoman from Texas (Ms. Crenshaw Inglis Mitchell Altmire Blunt Broun (GA) JACKSON-LEE) that the House suspend Crowley Inslee Mollohan Arcuri Boccieri Brown (SC) the rules and agree to the resolution, Cuellar Israel Moore (KS) Austria Boehner Brown-Waite, Culberson Issa Moore (WI) Bachmann Bonner Ginny H. Res. 28, as amended. Cummings Jackson (IL) Moran (KS) Bachus Bono Mack Buchanan This is a 5-minute vote.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13482 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Murphy (CT) Rogers (KY) Speier There was no objection. and the gentleman from Michigan (Mr. Murphy (NY) Rogers (MI) Spratt Murphy, Patrick Rohrabacher Stark f CAMP) each will control 30 minutes. The Chair recognizes the gentleman Murphy, Tim Ros-Lehtinen Stearns PERMANENT ESTATE TAX RELIEF Murtha Roskam Stupak from New York. Myrick Ross Sullivan FOR FAMILIES, FARMERS, AND GENERAL LEAVE Nadler (NY) Rothman (NJ) Sutton SMALL BUSINESSES ACT OF 2009 Napolitano Roybal-Allard Tanner Mr. RANGEL. Mr. Speaker, I ask Neal (MA) Royce Taylor Mr. RANGEL. Mr. Speaker, pursuant unanimous consent that all Members Neugebauer Ruppersberger Teague to House Resolution 941, I call up the may have 5 legislative days to revise Nunes Rush Terry bill (H.R. 4154) to amend the Internal Nye Ryan (OH) Thompson (CA) and extend their remarks and insert Oberstar Ryan (WI) Thompson (MS) Revenue Code of 1986 to repeal the new extraneous material in the RECORD. Obey Salazar Thompson (PA) carryover basis rules in order to pre- The SPEAKER pro tempore. Is there Olson Sa´ nchez, Linda Thornberry vent tax increases and the imposition objection to the request of the gen- Olver T. Tiahrt Ortiz Sanchez, Loretta Tiberi of compliance burdens on many more tleman from New York? Owens Sarbanes Tierney estates than would benefit from repeal, There was no objection. Pallone Scalise Titus to retain the estate tax with a Mr. RANGEL. Mr. Speaker, I yield Pascrell Schakowsky Tonko $3,500,000 exemption, and for other pur- myself such time as I may consume. Pastor (AZ) Schauer Towns Paulsen Schiff Tsongas poses, and ask for its immediate con- I, along with Ways and Means Rank- Payne Schmidt Turner sideration in the House. ing Member DAVID CAMP, have asked Pence Schock Upton The Clerk read the title of the bill. the nonpartisan Joint Committee on Perlmutter Schrader Van Hollen Taxation to make available to the pub- Perriello Schwartz Vela´ zquez The SPEAKER pro tempore. Pursu- Peters Scott (GA) Visclosky ant to House Resolution 941, the bill is lic a technical explanation of the bill. Peterson Scott (VA) Walden considered read. The technical explanation expresses Petri Sensenbrenner Walz The text of the bill is as follows: the committee’s understanding and the Pingree (ME) Serrano Wamp Pitts Sessions Wasserman H.R. 4154 legislative intent behind this impor- Platts Sestak Schultz Be it enacted by the Senate and House of Rep- tant legislation. It is available on the Poe (TX) Shadegg Waters resentatives of the United States of America in Joint Committee’s Web site at Polis (CO) Shea-Porter Watson www.jct.gov and is listed under docu- Pomeroy Sherman Watt Congress assembled, Posey Shimkus Waxman SECTION 1. SHORT TITLE. ment No. JCX–57–09. Price (NC) Shuler Weiner This Act may be cited as the ‘‘Permanent Mr. Speaker, I rise in support of H.R. Putnam Shuster Welch Estate Tax Relief for Families, Farmers, and 4154, a bill that would provide perma- Quigley Simpson Westmoreland Small Businesses Act of 2009’’. Radanovich Sires Wexler nent, responsible estate tax relief to Rahall Skelton Whitfield SEC. 2. RETENTION OF ESTATE TAX; REPEAL OF taxpayers. Rangel Slaughter Wilson (OH) CARRYOVER BASIS. This is a rough time for us in this Rehberg Smith (NE) Wilson (SC) (a) IN GENERAL.—Subtitles A and E of title great country in terms of joblessness, Reichert Smith (NJ) Wittman V of the Economic Growth and Tax Relief hopelessness. And the Congress has to Reyes Smith (TX) Wolf Reconciliation Act of 2001, and the amend- Richardson Smith (WA) Woolsey ments made by such subtitles, are hereby re- work together as one unit with the Rodriguez Snyder Wu pealed; and the Internal Revenue Code of 1986 President in order to restore con- Roe (TN) Souder Yarmuth fidence among the millions of people Rogers (AL) Space Young (FL) shall be applied as if such subtitles, and amendments, had never been enacted. that today find themselves without NAYS—3 (b) SUNSET NOT TO APPLY.—Section 901 of jobs. In order to do this, we have to Flake Lummis Paul the Economic Growth and Tax Relief Rec- work at everything that we can to NOT VOTING—14 onciliation Act of 2001 shall not apply to make certain that those that are in the title V of such Act. Barrow Gonzalez Moran (VA) position to create jobs that we give (c) CONFORMING AMENDMENTS.— Bishop (UT) Gordon (TN) Price (GA) (1) Sections 511(d) and 521(b)(2) of the Eco- them the tools to work with so that we Burgess Lucas Rooney can get people off the unemployment Capuano McGovern Young (AK) nomic Growth and Tax Relief Reconciliation Carnahan Melancon Act of 2001, and the amendments made by lines and back into business. such sections, are hereby repealed; and the Members of Congress hear every day b 1215 Internal Revenue Code of 1986 shall be ap- from their constituents how difficult it So (two-thirds being in the affirma- plied as if such sections, and amendments, is to keep up with the current state of tive) the rules were suspended and the had never been enacted. our tax laws as a result of the tem- resolution, as amended, was agreed to. (2) Subsection (c) of section 2511 of the In- porary nature of so many provisions in The result of the vote was announced ternal Revenue Code of 1986 is hereby re- the Internal Revenue Code. So not only pealed. as above recorded. is there an argument in terms of what SEC. 3. MODIFICATIONS TO ESTATE AND GIFT The title was amended so as to read: the rate should be in terms of estate ‘‘Resolution expressing the sense of the TAXES. (a) $3,500,000 APPLICABLE EXCLUSION tax relief, but there’s an argument, for House of Representatives that the God’s sake, do something. And that is Transportation Security Administra- AMOUNT.—Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating why the Ways and Means Committee tion should, in accordance with the to applicable credit amount) is amended by has agreed that we have to give a sta- congressional mandate provided for in striking all that follows ‘‘the applicable ex- ble tax program that our business peo- the Implementing Recommendations of clusion amount’’ and inserting ‘‘. For pur- ple can rely on and plan on so that we the 9/11 Commission Act of 2007 as well poses of the preceding sentence, the applica- can bring stability to industry and get as other statutes, enhance security ble exclusion amount is $3,500,000.’’. our people back to work. against terrorist attack and other se- (b) FREEZE MAXIMUM ESTATE AND GIFT TAX The majority of the provisions in- curity threats to our Nation’s rail and RATES AT 45 PERCENT.—Subsection (c) of sec- cluded in 2001 and 2003 were made tem- mass transit systems and other modes tion 2001 of such Code is amended— of surface transportation.’’. (1) by striking paragraph (2), porary because there was an intent A motion to reconsider was laid on (2) by striking so much of paragraph (1) as that we review the estate tax. And precedes the table contained therein, and the table. Members are familiar with the extend- (3) by striking the last 2 items in the table ing of expiring tax provisions, ulti- f and inserting the following new item: mately reducing them, and we are here REMOVAL OF NAME OF MEMBER ‘‘Over $555,800, plus 45 percent of to make certain that the doubts as to AS COSPONSOR OF H.R. 1880 $1,500,000. the excess of such amount where we’re going to go will be elimi- Mr. CLAY. Mr. Speaker, I ask unani- over $1,500,000.’’. nated. mous consent that my name be re- (c) EFFECTIVE DATE.—The amendments So this week we have some certainty moved as a cosponsor of H.R. 1880. made by this section shall apply to estates of in our Tax Code as we enact a perma- The SPEAKER pro tempore (Mr. PAS- decedents dying, and gifts made, after De- nent extension of the 2009 estate tax TOR of Arizona). Is there objection to cember 31, 2009. exemption, and certainly people would the request of the gentleman from Mis- The SPEAKER pro tempore. The gen- see that it wasn’t an easy decision to souri? tleman from New York (Mr. RANGEL) find what was compatible with most of

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13483 the people in this House, but the work Mr. POMEROY. Mr. Speaker, I yield because it represents .25 of 1 percent. of EARL POMEROY that he has done over myself 3 minutes. The estate tax goes away for 99.75 per- the years and the suggestions that he’s I want to thank the Speaker, Leader cent. That is almost perfection, about made, the people that he’s talked with, HOYER, and Chairman RANGEL for as close as this body is ever going to allow us to say that we have made the bringing this bill to the floor today. get. That’s why we should vote for this best possible arrangement so that peo- The purpose of this bill is very bill and move it forward. ple would know what they should ex- straightforward: establish clarity and Mr. Speaker, I reserve the balance of pect as it relates to estate tax. certainty in the Tax Code for the es- my time. Mr. Speaker, I yield the balance of tate tax while exempting 99.7 percent Mr. BRADY of Texas. Mr. Speaker, I my time to the gentleman from North of the estates in this country from this yield myself such time as I may con- Dakota (Mr. POMEROY) for him to be estate tax altogether. sume. able to appoint Members as he sees fit. The estate tax has changed 10 times I rise in opposition to this bill. The SPEAKER pro tempore. Is there in the last 11 years. Now, this has been Can you imagine working your whole objection to the request of the gen- a bonanza for the attorneys, the ac- life to keep your family farm or to tleman from New York? countants, the planners, but it has build up a small business, and then There was no objection. been very unfortunate for the Amer- when you die Uncle Sam swoops in and Mr. CAMP. Mr. Speaker, I yield my- ican people trying to make reasonable takes up as much as half of all you’ve self such time as I may consume. plans for their estates. spent a lifetime working for? That’s Mr. Speaker, death in and of itself If recent history is bad, the next 2 what the death tax does. It is wrong, it should not be a taxable event. Death years become completely absurd when is immoral, and in many ways un- should not force the sale of family it comes to the estate tax thanks to a American. farms or the dissolution of small busi- law passed by Congress in 2001, estate This was brought home to me early nesses. The fear of death should not be tax repeal in 2010 replaced with a new in my first term in Congress. I had a a reason for an American to hire a bat- capital gains tax that will impact family nursery in Texas. They have tery of accountants and lawyers to find many more farmers. In fact, for the three nurseries. The parents had cre- legal ways to reduce the bite of the es- 6,000 estates estimated to benefit from ated it and built it up. Two of the three tate tax. And after a long wait, we’re the tax change next year, 71,000 will kids were working in it that day, and about to realize that goal. Set in mo- find themselves with new tax obliga- they just sat down with a pen and tion by a law passed by the Republican tions, this capital gains tax. Addition- paper. They showed me the value of Congress earlier this decade, there will ally, come 2011 the repeal goes away. In their nursery, talked about the death be no death tax in 2010. That’s just 29 this Tax Code they repeal the repeal tax, and worked it through. And the days away. and we’re back at a $1 million level for bottom line was that if they could take The bill before us, however, would estates, $2 million joint, a 55 percent out enough insurance on their parents’ resurrect the death tax next month and rate, the very rate it was in 2001. deaths, and because they’re out of debt, apply a 45 percent tax rate to estates There’s going to be a lot of talk on if they could go back to the bank and above a $3.5 million exemption amount. the other side about how this law borrow enough money, they might be The majority claims to be offering cer- should go forward for the benefit of able to pay their death tax bill. tainty to taxpayers, and I suppose in a family farms. Let me tell you, the cap- Think of what they’re saying: If we way they are. ital gains tax they are proposing for make enough money off our parents’ They are certainly repealing the hope family farms is a catastrophe. death and we can borrow enough of ever eliminating the death tax. They Let’s say Grandma buys a farm at money, the government might let us are replacing that with the certainty of $100 an acre. It’s now worth $2,000 an keep our family business. The govern- a Federal tax rate that at 45 percent acre. She deeds it to you. She passes. ment might let us keep our family must be considered confiscatory. No You acquire the property. You go to business. That’s why the death tax is American should have the Federal Gov- sell the farm. You’re going to pay cap- wrong, and that’s why it is in many ernment take nearly half of their net ital gains tax under present law on all cases, if not all, simply un-American. worth. appreciated value over the $100-an-acre Today we have a bill that is the re- They’re providing the certainty of an initial acquisition price. That’s be- sult of hard work by my friend from exemption that is not indexed for infla- cause under present law carryover North Dakota (Mr. POMEROY), but I ob- tion, meaning that over time it is cer- basis is substituted for what we have ject because I believe we can do better. tain that more and more family farms under the existing framework, statu- b 1230 and small businesses will be subject to tory basis. this punishing tax. Just take a look at Here’s what the Farm Bureau said Some say at the end of the day if this the AMT. about carryover basis when it was con- bill passes, it will only impact a few es- Mr. Speaker, one other thing that is sidered some time ago, in 1979: carry- tates. But the truth is, when it passes, certain about this bill is that it is un- over basis fosters an insidious bias still, the number one reason family likely to be approved before the end of against farmers and ranchers. And farms and small businesses will not be the year. As we are all aware, the Sen- that’s precisely what they would cre- passed down to the next generation is ate is fully engaged in the health care ate. the death tax; and the number one rea- debate. It is unlikely to break from Look at this. No estates with capital son the fastest growing number of en- that to consider this bill this month, gains tax burden and 71,000 suddenly trepreneurs, women, and minority- particularly since a clear majority of with capital gains burden under the owned businesses will not be passed the Senate has indicated its support for law if we allow it to go into effect next down to the next generation. And this a far more equitable and bipartisan year. is the first generation of wealth build- death tax relief measure. Another byproduct of this bill is to ing. It will be the same death tax. We all understand that the current establish certainty once and for all on While it is fun to hear them talk situation would benefit from a perma- what the estate tax level is. about Bill Gates and Donald Trump nent solution, but this is not the right The SPEAKER pro tempore. The and George Soros, the people most hurt one, and I urge its defeat. time of the gentleman has expired. by this tax are Bill the farmer or Mr. Speaker, I reserve the balance of Mr. POMEROY. I yield myself an ad- Donna the florist or George the funeral my time, and I ask unanimous consent ditional 30 seconds. director, real people building wealth in the remainder of my time be controlled The 2009 level represents an exclusion our communities who oppose this death by the gentleman from Texas (Mr. from estate tax that is 75 percent high- tax. These are not the aristocracies BRADY). er than last year alone, where it went that are being referred to in this de- The SPEAKER pro tempore. Is there from $2 million up to $3.5 million. This bate. objection to the request of the gen- chart shows who pays the tax and who We are told that this bill will be per- tleman from Michigan? doesn’t under the 2009 law. You may manent and provide certainty. Well, it There was no objection. not be able to see this little sliver. It’s does create a permanently high tax

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13484 CONGRESSIONAL RECORD — HOUSE December 3, 2009 rate and a permanently destructive tax world, and we will find out on the fornia (Mr. HERGER) who has worked on rate; 45 percent is simply too high. And health issue we are now 40th in terms the death tax issue as a senior member because, like the AMT, it is not in- of infant mortality. But let’s look at of the Ways and Means Committee. dexed for inflation, it is certain to en- the world. You are incorrect and it is Mr. HERGER. I thank my friend and snare more and more family farms and very unfair when you claim that this is gentleman from Texas for all of the small businesses in future generations. a tax for all Americans—it is not—and work he has done on this incredibly We have seen this play before. The al- all family businesses. It is not. In fact, cruel tax. ternative minimum tax was created to it is American to act on shared respon- Mr. Speaker, far too many families tackle and address only 100-plus of the sibility. have faced the grim prospect of selling wealthiest Americans in the United The Citizens for Tax Justice just re- the family farm or business in order to States, but because it wasn’t indexed cently made this very clear, December pay the taxes that are due when a for inflation, today it would impact 24 2: It follows that it is reasonable to tax loved one dies. My own cousins had to million middle class Americans. We are the transfer of enormous estates, most sell their farm that had been in our going to see that same creep, those of which consist of income that was family since the early 1900s just to pay same small businesses and middle never taxed. That’s what you are pro- the death tax. Mr. Speaker, this is sim- American families affected by this tecting, the folks that have estates ply wrong. death tax in future generations. that have never been taxed. You want Although it is encouraging that Con- We are told, and I think sincerely, to throw a shield over them to protect gress is attempting to provide a long- that this is the best we can do as a what you did protect in 2001, which you term certainty about death tax rates, Congress. I don’t believe it is. I so did protect in 2003. You want to protect the bill before us falls far short of a much appreciate Mr. POMEROY’s ef- it from one generation of superrich stable solution for agriculture and forts. I know a lot of the groups that families so they can send it on to an- small business. The proposed exemp- make up the death tax coalitions that other group. tion is simply not enough to protect are working to eliminate the death tax Since 1990s, opponents of the tax family farmers, especially with the or find a reasonable compromise. They have even used the pejorative term high cost of land in California and appreciate what he is doing as well. ‘‘death tax.’’ But they are flat out other heavily populated States. But we have to do better. And don’t wrong. The estate tax affects only es- Worse yet, H.R. 4154 fails to index the take my word for it. If you listen to tates of significant size—presently, exemption amount for inflation, thus the groups most intimately damaged right now, over $3.5 million for individ- guaranteeing a repeat of the alter- by the death tax, from our Farm Bu- uals and $7 million for couples. native minimum tax disaster with reau to our National Federation of The fact is that the estate tax is the more and more families facing the Independent Businesses, from our gro- most progressive tax in our Federal tax death tax in future years. That’s why cers and funeral directors, from local system. What you are suggesting is leading pro-agricultural groups like newspapers and other groups, they very regressive. Only the top 0.2 per- the California Farm Bureau and Na- have not given support to this bill be- cent of the income earners paid all of tional Cattlemen’s Association do not cause it still leaves intact the third the estate taxes collected. support this bill. highest death tax rate in the developed The SPEAKER pro tempore. The Mr. Speaker, this House has voted world, and it damages them too great- time of the gentleman has expired. five times since 2001 to repeal the death ly. Mr. POMEROY. I yield the gen- tax entirely. In fact, no fewer than 65 My thought is that rather than place tleman an additional 30 seconds. members of the current Democrat ma- on the floor, as Democrats did, unfor- Mr. PASCRELL. If we do nothing, jority have voted to fully repeal the tunately, a partisan bill that is sup- then 44,400 estates that are not cur- death tax. It is time to end this unfair ported by none of the groups most af- rently subject to the estate tax will be- and cruel death tax once and for all. fected, that we ought to have offered a come targets. The point I want to Mr. POMEROY. Mr. Speaker, I would bill by the gentlewoman from Nevada make now is that many estates have just observe that the estate tax level (Ms. BERKLEY) and the gentleman from paid no taxes. That is not shared re- last year was $2 million, this year $3.5 Alabama (Mr. DAVIS) and others that sponsibility. million, a 75 percent increase in the ex- has the strong support of 49 national Under our bill, only the top 7,600 es- clusion. Now, that is quite an index by organizations and bipartisan support of tates in the country will be subject to anybody’s measure. the bill. Unfortunately, it was not al- the estate tax in 2011. The truth of the I yield 2 minutes to the gentleman lowed as an amendment to the bill and matter is that I don’t know any work- from Massachusetts (Mr. NEAL), a it would be ruled out of order as a mo- ing class American families that own member of the Ways and Means Com- tion to recommit, so we don’t have an estates worth over $7 million. It is in- mittee. opportunity to come together as a Con- sidious to infer anything different. Mr. NEAL of Massachusetts. Mr. gress on this issue. Mr. BRADY of Texas. I yield myself Speaker, if it were up to me, this would At this time, I reserve the balance of 15 seconds. not have been done the way it is play- my time. I would point out that more and ing out today. I believe that this issue Mr. POMEROY. Mr. Speaker, I just more Americans will be ensnared in the should be taken up in the context of observe that the Tax Policy Center es- death tax because it is not indexed, tax reform, which the Ways and Means timates that 100 farms or small busi- like the AMT. And I would point out, Committee and the House should visit nesses are estimated to be impacted by we would not be here today if President next year, but it is what it is. the estate tax under the 2009 levels Clinton had not vetoed the death tax But the most important reminder across the entire country, and CRS has repeal in 1999. here today for all of us is this: This is estimated that one-half of 1 percent of The SPEAKER pro tempore. The not the House of Lords. This is not those may be in a position of having to time of the gentleman has expired. about peerage. This is not about, in liquidate something. Mr. BRADY of Texas. I yield myself America, being born to any class or I yield 2 minutes to the gentleman an additional 15 seconds. any race that offers superiority. This is from New Jersey (Mr. PASCRELL). And I would further point out that not permanent wealth. This is not the Mr. PASCRELL. Mr. Speaker, I polls consistently show 70 percent of argument that because of your last thank my friend, Mr. POMEROY. Americans support the complete and name, you ought to be entitled to a I stand before you to support H.R. full repeal of the death tax because it special privilege in what is the most 4154. Some of my colleagues on the is un-American for this country to egalitarian society that the world has other side of the aisle want you to be- swoop in and take up nearly half of known. lieve, and we have heard this before, what you have spent a lifetime build- But the truth is that the extension that everybody is going to pay an es- ing up and wanting to hand down to that we are offering today takes us tate tax. If you listen to the rhetoric, your children and grandchildren. down the path to reform, and that is and I am glad we are looking at the With that, I yield 3 minutes to the where I hope we end up. We need the world. I am glad we are looking at the distinguished gentleman from Cali- certainty as to estate tax rules come

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13485 January 1. If we let the current rules firms whose expensive equipment will Mr. BRADY of Texas. I yield myself, expire, there will be estates that are cause them to be subject to this oner- Mr. Speaker, as much time as I may harmed by a loss of step-up in basis. ous tax. If Congress were serious about consume. This pits the ultrarich—who, by the helping small businesses in this eco- I know Washington takes great de- way, are the ones who seek repeal— nomic downturn, it would be debating light in reading from comments from against the moderately rich who we at- a bill on the floor that repeals the the very wealthy who, by the way, usu- tempt to assist here in this step-up in death tax. ally find loopholes by accountants and have whole planning teams to make basis. b 1245 But I want to quote Warren Buffett sure they don’t pay these taxes. But I on the issue of estate tax. And, inciden- I would urge my colleagues to oppose like to listen to those who are actually tally, he was cleverly left out by the this bill so that Congress can have an struggling with these death taxes, our other side as they ascribed responsi- opportunity to bring real solutions to small businesses, our family farms and bility for repeal of the estate tax. War- the table for our entrepreneurs and our our local manufacturers who have got ren Buffett said, ‘‘Dynastic wealth, the farmers. a lot of challenges. enemy of a meritocracy, is on the rise. Mr. POMEROY. The bill on the floor I have a letter from the National Equality of opportunity has been on would establish the capital gains exclu- Federation of Independent Business the decline. A progressive and mean- sion at $7 million for a couple. I don’t which has weighed in on almost every ingful estate tax is needed to curb the think we’ve ignored the small guys one key issue dealing with the impact on movement of a democracy toward plu- bit with this legislation. small businesses and independent busi- tocracy.’’ I yield Mr. BLUMENAUER of Oregon 2 nesses. Like me, they do appreciate the This body is a reflection of minutes. work that Mr. POMEROY has done on meritocracy in American society. It is Mr. BLUMENAUER. I appreciate the this issue. But just quoting from their unlike other legislative institutions in gentleman’s courtesy as I appreciate letter: ‘‘While well intentioned, H.R. other parts of the world. You get here his leadership on this issue. 4154 is an incomplete solution. A $3.5 largely on merit. This is the culmination of a 12-year million exemption per person and a 45 The SPEAKER pro tempore. The example of how not to create tax pol- percent rate do not provide adequate time of the gentleman has expired. icy. I listened with interest to my good protection for many small businesses. Mr. POMEROY. I yield the gen- friend from Texas say, you know, they In addition, the $3.5 million exemption tleman an additional 30 seconds. can do better than this bill. Well, la- is not indexed for inflation, meaning Mr. NEAL of Massachusetts. I am dies and gentlemen, they had 12 years that protection from the estate tax going to close on the note on which I to do better. And what did the Repub- will erode each year.’’ opened: This is not the way I would licans do? They didn’t reform the in- Our manufacturing groups, for exam- have done this, but I do think that Mr. heritance tax. What they did is they es- ple, National Association of Manufac- POMEROY has made a valiant effort to tablished a 10-year gain where it was turers, in a letter they wrote, again, find some middle ground as we proceed reduced a little bit each year until next yesterday, say: ‘‘The NAM, the Na- to next year. year it disappears, and then they give tional Association of Manufacturers, This legislation makes permanent it back to the American people at a $1 the Nation’s largest industrial trade the current estate tax rules that in- million level and 55 percent marginal association representing small and clude a 45 percent rate and a $3.5 mil- rate. That is the best they could do. large manufacturers in every industrial lion exemption for individuals and $7 And as my good friend from North sector and in all 50 States, urges you to million for couples. It achieves a mid- Dakota pointed out, it’s even worse oppose H.R. 4154,’’ the bill we have be- dle ground among the various pro- than that because they would have fore us today. posals offered, and it helps allow for 70,000, not 7,000, the top two-tenths of a ‘‘While NAM appreciates efforts to tax planning certainty. percent, but 70,000 people who are the provide certainty by making estate tax Mr. BRADY of Texas. Mr. Speaker, I real small business, the entrepreneurs, rates permanent, we do not view a 45 yield 2 minutes to the lead Republican be subject to a capital gains tax. And I percent rate or an exemption that is on the Small Business Committee, the will tell you that the tax itself is only not indexed to inflation as efforts that gentleman from Missouri (Mr. the tip of the iceberg because it will be will achieve significant reform.’’ GRAVES). an accounting nightmare to go back And finally, the American Farm Bu- Mr. GRAVES. Mr. Speaker, I rise in and figure out what grandma paid or reau Federation, again, family farmers opposition to H.R. 4154. While I appre- what Uncle Charlie paid for the asset. all throughout this country are in- ciate the efforts of my colleague from Some people will spend more time re- volved, again, in trying to help them North Dakota, this bill is not the an- searching and on accountants than keep those family farms, pass them swer. The bottom line is that death they will pay in the tax. That’s the down to the next generation, say that should not be a taxable event. best that the Republicans could do. the current estate tax exemption is $3.5 I find it amazing that the people who What Mr. POMEROY and our com- million per person and the top tax rate are going to get hurt the most by this, mittee have done is to take generous is 45 percent under this bill. This ex- the small business men and the farm- levels, $3.5 million per person, and ex- emption level is inadequate to protect ers, are being referred to as the rich empt below that the administrative our Nation’s farms and ranches from and the moderately rich, which nightmare of the capital gains tax. Is it estate taxes and causes financial bur- couldn’t be farther from the case. a perfect solution? No. den of complicated and expensive es- Small businesses and family farmers The SPEAKER pro tempore. The tate tax planning. have felt slighted in Washington over time of the gentleman has expired. It is clear while we may claim on this the past 2 years. Congress has bailed Mr. POMEROY. I yield the gen- floor that this is a bill great for family out irresponsible players on Wall tleman an additional 30 seconds. farms and great for small businesses, Street, pushed policies that will in- Mr. BLUMENAUER. But compared to and only taxing the wealthy, our fam- crease costs on small businesses and the best that the Republicans could do ily farms, our small businesses, our tax them at every turn to pay for the for 12 years, it’s night and day. local manufacturing companies say it Big Government agenda. With all due respect, declaring one of does not. Today we have yet another bill on my heroes, Teddy Roosevelt, who NATIONAL FEDERATION OF the floor that ignores the small guy. brought about the inheritance tax, as INDEPENDENT BUSINESS, H.R. 4154 is not indexed for inflation, so being un-American is an insult to the Washington, DC, December 2, 2009. small businesses will be forced to pay Republican Party who knows that the DEAR REPRESENTATIVE: On behalf of the the death tax in future years. More vast wealth in this country, you don’t National Federation of Independent Business (NFIB), the nation’s leading small business small businesses will be forced to pay get to be a billionaire on a W2. So a lot advocacy organization, I am writing to share that tax. of this money was never even taxed our views about H.R. 4154, the Permanent Es- Additionally, the bill does not take once. Let’s get a grip. Let’s pass this tate Tax Relief for Families, Farmers, and into account capital-intensive small bill and move on. Small Businesses Act of 2009.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13486 CONGRESSIONAL RECORD — HOUSE December 3, 2009 With the current estate tax law expiring turing Votes in the 111th Congress. Thank Yesterday at the Rules Committee, I after 2010, H.R. 4154 provides certainty to you for your consideration. offered an amendment that would have help small business owners plan for the tax Sincerely, raised the estate tax exemption and re- and maintains stepped-up basis. While well- JAY TIMMONS. duced the rate, creating a sensible, sta- intentioned, H.R. 4154 is an incomplete solu- Executive Vice President. tion. A $3.5 million exemption per person and ble and, most importantly, a perma- a 45 percent rate do not provide adequate AMERICAN FARM BUREAU FEDERATION, nent framework to help families and protection for many small businesses. In ad- Washington, DC, December 3, 2009. businesses effectively plan for the bur- dition, the $3.5 million exemption is not in- To all MEMBERS, den of the estate tax. dexed for inflation, meaning that protection House of Representatives, This position is favored by a wide co- from the estate tax will erode each year. Washington, DC. alition of business and farm groups; NFIB has always supported full repeal of DEAR REPRESENTATIVE: Individuals, family and unlike the bill on the floor today, partnerships or family corporations own 98 the estate tax as the one solution that will it is indexed for inflation. This is im- protect all small businesses from this tax. percent of our nation’s 2 million farms and ranches and produce about 82 percent of U.S. portant, because without indexing, the Short of that, NFIB has supported H.R. 3905, estate tax will, like the alternative a bipartisan compromise bill which provides agricultural products. Estate taxes threaten an exemption level of $5 million per person family-owned farm and ranches and the live- minimum tax, grow over time to cover and a rate of 35 percent. Much of the cost of lihoods of families who make their living in more and more estates, eventually af- the estate tax occurs before the tax is levied production agriculture. Farm Bureau be- fecting many middle class Americans. because the threat of the tax forces families lieves that estate taxes should be repealed. Philosophically, I don’t think there Estate taxes are especially harmful to to pay for expensive estate planning to en- farmers and ranchers because their busi- should be an estate tax. There are few sure their business stays with the family. nesses are capital-intensive with a high con- things in this world that you can do to Such costs are a drain on the finances of centration of assets tied up in land, buildings avoid paying taxes. I think dying many already struggling small businesses, and equipment. Surviving family members should be one of those things. and relief along the lines of H.R. 3905 would are often forced to sell much needed land, I introduced bipartisan legislation to provide additional protection for many small buildings or equipment in order to pay the alleviate the burden the estate tax cre- businesses. tax. When farms or ranches are downsized or NFIB is encouraged that the House of Rep- ates for farms, businesses, and individ- disappear, farm families lose their incomes uals. The legislation would have re- resentatives is acting on this important and rural communities and businesses suffer. small business issue by providing long-term Farmland close to urban centers often con- sponsibly phased up the exemption to estate planning certainty. We look forward verts to development when estate taxes force $5 million, $10 million for couples, and to working with Congress to improve the leg- farm families to sell off land to pay taxes. lowered the rate to 35 percent over the islation so that it meets the needs of Amer- The current estate tax exemption is $3.5 next 10 years to reduce the burden on ica’s small businesses. million per person and the top tax rate is 45 those estates that still have an estate Sincerely, percent. This exemption level is inadequate tax liability. SUSAN ECKERLY, to protect our nation’s farms and ranches Senior Vice President, Public Policy. Given the current economic situa- from estate taxes and causes the financial tion, even one job lost to the estate tax burden of complicated and expensive estate MANUFACTURING MAKES tax planning. is too much. We need to encourage sta- AMERICA STRONG, The House is set to consider H.R. 4154, the bility in every way possible. While the Washington, DC, December 2, 2009. Permanent Estate Tax Relief for Families, bill before us, in my opinion, is not a HOUSE OF REPRESENTATIVES, Farmers, and Small Businesses Act of 2009, permanent solution, it is far better Washington, DC. introduced by Rep. Earl Pomeroy, (D–N.D.). than a short-term patch. It ensures DEAR REPRESENTATIVE: The National Asso- While Farm Bureau acknowledges the need stability in the Tax Code and allows for ciation of Manufacturers (NAM), the nation’s for certainty in estate tax law and the im- estate planning. I believe it will free up portance of maintaining the stepped-up largest industrial trade association rep- resources currently used to plan for the resenting small and large manufacturers in basis, we cannot support a permanent $3.5 million per person exemption or a 45 percent estate tax. every industrial sector and in all 50 states, I will vote for this bill, and I urge my urges you to oppose H.R. 4154, the Permanent top rate. In addition the bill fails to index Estate Tax Relief for Families, Farmers, and the exemption for inflation. Farm Bureau colleagues to join me and do likewise. Small Businesses Act of 2009. neither supports nor opposes passage of H.R. Mr. BRADY of Texas. Yielding my- The NAM has consistently supported ef- 4154, but realizes that we must send a bill to self 15 seconds, I would like to submit forts to either repeal or significantly reform the Senate in order to improve the difficult for the RECORD a list of 49 organiza- the estate tax. For small and medium-sized and uncertain situation many of our farm tions from family farmers to small manufacturers, owners and families, the es- families are facing because of the estate tax businesses to local funeral parlors in tate tax is more than a one-time tax. In a re- law. Until estate taxes can be repealed, Farm support of Congresswoman BERKLEY’s cent survey of the NAM’s small and medium- Bureau urges Congress to continue to work bill and amendment. sized manufacturers, respondents said that, for meaningful estate tax reform by enacting FAMILY BUSINESS ESTATE TAX COALITION on average, they spend $94,000 annually on an estate tax exemption of $10 million in- fees and estate-planning costs in preparation American Farm Bureau Federation; Amer- dexed for inflation, continuing the stepped- for their estate tax bill. This is money that ican Foundry Society; American Hotel & up basis and removing the limits on the could have been used to grow businesses and Lodging Association; American Inter- amount of farm land that can be valued for add jobs. national Automobile Dealers Association; farm use rather than at development value. American Rental Association; American Legislation enacted in 2001 gradually Sincerely, Wholesale Marketers Association; Associ- phases out the estate tax and ultimately re- BOB STALLMAN, ated Builders and Contractors; AMT—Asso- peals the tax in 2010. However, without con- President. ciation for Manufacturing Technology; Asso- gressional action to make the repeal perma- ciation of Equipment Manufacturers; nent, the tax will revert in 2011 to the ex- I reserve the balance of my time. Comporium Group/Rock Hill Telephone Com- tremely high pre-2001 rates. Mr. POMEROY. Mr. Speaker, I would pany; Financial Executive International’s H.R. 4154 would make permanent the 2009 reference the earlier notation in the Farm Bureau that carry-over basis es- Committee on Private Company Policy. rate of 45 percent and the $3.5 million exemp- Food Marketing Institute; Heating, tion. While the NAM appreciates efforts to tablishing this capital gains exposure Airconditioning & Refrigeration Distributors provide certainty by making the estate tax falls particularly hard on family farms International; Independent Community rates permanent, we do not view a 45 percent and ranchers. Bankers of America; Independent Insurance rate or an exemption that is not indexed to With that, I yield my friend and col- Agents & Brokers of America; International inflation as efforts that will achieve signifi- league, SHELLEY BERKLEY from Las Franchise Association; Marine Retailers As- cant reform. Vegas, 2 minutes. sociation of America; Mason Contractors As- We urge members of the House of Rep- Ms. BERKLEY. Mr. Speaker, I thank sociation of America; Mortgage Bankers As- resentatives to oppose H.R. 4154 and bring up the gentleman from North Dakota for sociation; National Association of Conven- legislation that will provide significant re- ience Stores; National Association of Manu- lief for small manufacturers facing this oner- yielding. The bill we are considering this after- facturers; National Association of Whole- ous tax. saler-Distributors. The NAM’s Key Vote Advisory Committee noon is not my chosen option. While I National Automobile Dealers Association; has indicated that votes on H.R. 4154, includ- will vote for this bill, I don’t think it National Beer Wholesalers Association; Na- ing potential procedural motions, may be goes far enough, nor is it a truly per- tional Cattlemen’s Beef Association; Na- considered for designation as Key Manufac- manent solution. tional Electrical Contractors Association;

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13487 National Federation of Independent Busi- a straight face, try and say people they die and take up nearly half of it ness; National Funeral Directors Associa- aren’t paying taxes, and let’s vote themselves, is this supported by the tion; National Grocers Association; National against this bill. people whom you say it will help, and Lumber and Building Material Dealers Asso- Mr. POMEROY. I yield my friend and will this bill or can this bill become ciation; National Newspaper Association; National Restaurant Association; National Ways and Means colleague from North law? Roofing Contractors Association. Carolina (Mr. ETHERIDGE) 2 minutes. As to the first case, it is not sup- National Small Business Association; Na- (Mr. ETHERIDGE asked and was ported by the organizations that have tional Telecommunications Cooperative As- given permission to revise and extend worked the longest and the hardest on sociation; National Utility Contractors Asso- his remarks.) the death tax. And we have, again, 49 ciation; Newspaper Association of America; Mr. ETHERIDGE. I thank the gen- organizations who support a bipartisan North American Die Casting Association; tleman for yielding. compromise who unfortunately cannot Plumbing-Heating-Cooling Contractors— And since I have been in this Con- National Association; Policy and Taxation support this bill, small businesses, fam- Group; Printing Industries of America; S gress, I have worked to extend the ben- ily farms, local newspapers, local mar- Corporation Association; Society of Amer- efits with estate planning and raise ex- keting groups, equipment manufactur- ican Florists; The Associated General Con- emptions for the last 12 years. The es- ers, local builders and auto dealers. We tractors of America; The Bowling Propri- tate tax was never meant to affect the have local convenience stores and beer etors’ Association of America. vast majority of Americans. Under wholesalers, our cattlemen, just the At this time, I would like to yield 2 H.R. 4154, only 25 of every 10,000 estates people who make up the fabric of our minutes to one of the outstanding would be subject to estate tax. local economies believe this bill will members of the Ways and Means Com- By extending current law, this bill not help them and will not help them mittee, the gentleman from Illinois strikes a balance. It provides certainty enough. for estate planning and prevents tens (Mr. ROSKAM). b 1300 Mr. ROSKAM. I thank the gentleman of thousand of estates from being sub- for yielding. ject to taxation while also being fis- But the other thought is, will this I think the gentlelady made an excel- cally responsible. bill become law? And the answer, un- lent point highlighting the weakness of Critically, this bill protects our fortunately, is no. H.R. 4154 is dead on this bill. The gentlelady from Nevada small businesses and farmers. In my arrival in the Senate. Even if it pointed out that this is not indexed for district in North Carolina, there are squeaks through the House with what- inflation. Let’s make no mistake: a plenty of farmers that are ‘‘land rich ever arm twisting must be done, it will characterization that someone else is and cash poor’’ that may be affected by be dead on arrival in the Senate. Ear- kicking the can down the lane, this the reach of the estate tax because lier this year the Senate voted on a bi- bill, in fact, kicks the can down the their land and equipment are worth partisan basis for a far more generous lane because if it’s not indexed for in- quite a bit, but their business may be estate tax relief package. The Lincoln- flation, then at the very least we are barely getting by. Kyl amendment to the Senate’s budget going to be knocking up against the al- Many small businesses that form the resolution, which mirrors the Berkley- ternative minimum tax problem that backbone of our economy are the en- Brady amendment that was not al- has so plagued this Congress over the gine of job creation, and they face the lowed to be offered today, provides a past couple of years. same dilemma. Rather than worrying considerably higher exemption and a I heard, Mr. Speaker, a couple of about the estate tax, these businesses more reasonable 35 percent rate. minutes ago one of the folks on the need to focus on the growth and expan- It’s very unlikely that the Senate is other side of the aisle who is sort of sion that can improve our economy. going to take a break from health care characterizing things as folks weren’t This legislation will allow them to do and other issues to pass a bill that they paying taxes. I want to put that into a just that. have serious concerns about, and espe- context. Look, here is a little bit of a Only 100 small businesses and farm cially because they have serious con- list. If you’re running around the estates would owe any estate tax in cerns as well about this PAYGO sham United States of America and doing 2010 under these rules, according to the language that is attached. Also, recent any kind of economic activity, these numbers I get. press reports make clear that key Sen- are the taxes you’re going to run into. Now, as a former small businesses ators, even Democratic Senators, be- You’re going to be paying capital owner, I also know that that provides lieve that this bill, H.R. 4154, is insuffi- gains, you’re going to be paying Fed- certainty that is crucial for business cient. eral income taxes, or unemployment planning. This is equally true for indi- According to a December 22 article in taxes, or motor fuel taxes, or gift viduals who need to plan for the future the BNA, it’s quoted that the House taxes, Medicare taxes, payroll taxes, of themselves, their children and their plan to make permanent the 2009 estate property taxes, real estate transfer grandchildren. We should encourage tax rate exemption levels falls far taxes, telecommunications taxes, sales the dreams of Americans who want to short of what is needed in the long run taxes, self-employment taxes, Social build wealth that they can leave to and quotes key Senators in that Cham- Security taxes, State income taxes, their children and grandchildren, but ber. So, I think our goal ought to be tolls, bridges. You name it, you’re also it needs to be fair. helping the people we say we’re trying going to be loaded up with taxes. The SPEAKER pro tempore. The to help: family farmers and small busi- And so here is an opportunity for us time of the gentleman has expired. nesses. And we ought to be pushing a to say, let’s have a clear, good shot. As Mr. POMEROY. I yield the gen- bill forward that can be accepted by Representative CAMP said a couple of tleman 30 additional seconds. the Senate, make it to the President’s minutes ago, death should not be a tax- Mr. ETHERIDGE. America is the desk, and provide that certainty that able event. Let’s not act as if this accu- land of equality of opportunity; and by helps these people. mulation over a period of years has not making sure that 99.8 percent of es- I reserve the balance of my time. been taxed along the way. tates are exempt from estate tax while Mr. POMEROY. Mr. Speaker, I am So I think the National Association encouraging that the fewer than 8,000 pleased to yield 1 minute to our distin- of Manufacturers accurately pointed pay, this bill provides and preserves op- guished majority leader, Mr. HOYER. out that it’s not the tax burden alone portunity for all. Mr. HOYER. I thank my friend, Mr. that’s the problem here. It’s not simply I encourage my colleagues to vote for POMEROY, the representative of the the fact that it’s not indexed for infla- it. Ways and Means Committee, for yield- tion. But the cumulative effect is, in Mr. BRADY of Texas. The two ques- ing, and I want to thank him for his ef- fact, the problem because according to tions we ought to ask ourselves when forts in pursuing this bill and intro- the NAM, $94,000 a year is spent on tax we consider this bill, besides the prin- ducing this bill and effecting the policy preparation and estate planning. I say ciple underneath it, which is should that currently exists in this country of let’s lift the tax burden. Let’s recog- family farms and small businesses a generous but fair provision for ex- nize the cumulative nature of taxes work their whole life, build up a nest emptions on estates. That exemption, that people are paying. Let’s not, with egg and have Uncle Sam swoop in when as has been, I’m sure, debated today,

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13488 CONGRESSIONAL RECORD — HOUSE December 3, 2009 provides for $3.5 million for each row, and 1 in 2011. No accountant or es- years of surplus in the lifetime of any- spouse, or $7 million a family, for an tate planner is going to look you in the body in this Chamber. exemption under the estate tax. How- eye and say, Well, based upon that pol- I hope that the Senate will join the ever, what the Republican policy did icy, I can give you some rational ad- House in taking this essential first step was create a situation where there is vice. out of America’s deep fiscal hole. My no certainty, no ability to plan, and no That was truly an irresponsible tax friend, Mr. BRADY, thinks that they confidence of what the tax policy will and fiscal policy brought to us, very will not. Perhaps he is correct. If he is be in the coming years. frankly, by the minority party when it correct, it will be unfortunate. My I, therefore, rise to support this bill was in power. It made it impossible for friend, I know, has been a proponent which permanently extends estate tax families to plan with confidence for the for the years he’s been here, and some relief to American families and which future. It also hid the policy’s true cost others have been, of going to zero, no strikes a fair balance between what we to our national budget. This bill can estate tax. Very frankly, because of owe to families, farmers, and small change that. It is in keeping with that position, we have not been able to businesses, and what we owe to our President Obama’s pledge of a new hon- reach compromise and, therefore, we country’s fiscal future. This bill simply esty in budgeting. find ourselves in this untenable posi- continues present law at current rates I also want to point out that passing tion. and exemptions. But it does not abolish this bill is also an important step to- I urge all of my colleagues to support the estate tax altogether, which I ward fiscal responsibility because at- this bill, which makes a fair estate tax think would be a mistake. In fact, tached to it is the House’s support for permanent, makes estate planning Teddy Roosevelt thought it would be a statutory PAYGO, as it’s affection- more reliable, and makes our commit- mistake. Teddy Roosevelt thought it ately referred to by some, me included. ment to fiscal discipline clear and un- would be a mistake because he did not Now, let me say something about stat- equivocal. want to see the constant accretion in utory PAYGO. My friends on the Re- Mr. BRADY of Texas. I yield myself just a few very wealthy people in publican side of the aisle are not for it. as much time as I may consume. America of the wealth of this country. They’re not for it because they wanted We have short memories around here. Abolishing the estate tax would add to make deep revenue cuts and didn’t While I know it’s sort of popular to billions and billions to our deficit, as want to pay for them. They wanted my blame President Bush for everything will happen next year if we do not pass children to pay for them and my grand- from acid reflux to Tiger Woods’ car this bill. And while a small number of children to pay for them. And very accident, the truth of the matter is we wealthy families would benefit, the frankly, that’s who’s going to pay for wouldn’t be here today if President growth of our economy as a whole them. Those of us of my age are not Clinton had not vetoed the full perma- would suffer. So would vital programs going to pay for them because we in- nent repeal of the death tax once and on which millions of Americans rely. curred real debt by not paying for what for all for America. A Republican Con- The estate tax also sets a limit on the we buy, and created extraordinary defi- gress sent him that bill saying the only concentration of inherited wealth from cits over the last 8 years of the Bush peace of mind we can give to family generation to generation. That’s what administration. farmers and small businesses is to put Teddy Roosevelt, Republican President As we know, the principle of paying this death tax to death. But because of the early part of last century, thought for what we buy was central to turning his actions and irresponsible veto, was appropriate in American policy, record deficits of 1993, of 1992, of 1991, of today we see a high tax rate and low which, at a time when this country’s 1990, and all of the years of the 1980s, exemptions and real damage upon middle class is truly struggling, would turning record deficits into record sur- America’s family farms and small busi- make inequality even starker and more pluses. It was statutory PAYGO that nesses. damaging to our country’s social fab- allowed us to do that, along, obviously, We talk about fiscal responsibility. I ric. with the extraordinary growth in the just heard some more rhetoric about That is why advocates of a dynamic economy that occurred under an eco- that. Now, let me point out that while economy have supported an estate tax nomic program put in place in 1993, for Republicans, unfortunately, in re- for generations. When first proposing which none of my colleagues on the Re- sponding to the terrorist attacks of 9/11 an estate tax, Theodore Roosevelt said, publican side of the aisle voted. It can and creating a Homeland Security De- ‘‘The man of great wealth owes a par- be an important step in our return to partment, I believe, while well-inten- ticular obligation to the state because fiscal health today. tioned in defense of this country, also he derives special advantages from the By passing this bill, we can also spent too much money. And you can mere existence of government.’’ strengthen our commitment to pay for tell from these red bars how once that And Bill Gates, along with Warren all new policies that reduce revenues or mistake was made, the deficit, year Buffett, one of the two wealthiest peo- expand entitlements. In fact, I wish after year, went down. In the first year ple in America, recently argued that that this extension of estate tax relief Democrats had control of Congress the the estate tax, ‘‘puts a brake on the were also paid for. It is not, of course. deficit went from 162 to 459. It tripled concentration of wealth and power, Why is it not paid for? Because we in 1 year that generates substantial revenue from can’t pay for it at a time when we are pled the deficit. This year it is almost nine those most able to pay, and encourages at great economic risk. We can’t de- times higher than when Republicans left billions of dollars in charitable giving press the economy. We need to stimu- Congress. each year. The estate tax is not only late our economy. But if we put in So, when I hear a lecture on fiscal re- fair,’’ Bill Gates said, ‘‘but an essential place PAYGO, we will give additional sponsibility, after a $1.4 trillion deficit, component of our Nation’s economic confidence to those who are prepared a quarter of a trillion dollar unpaid bill dynamism.’’ That’s Bill Gates, who to invest their capital that we will con- 2 weeks ago for the doctor fix, an un- will, I think, be perceived by the Amer- tinue to have sound fiscal policies. precedented spending spree, bailouts, ican public as having probably the pos- It’s unlikely that we will have the and PAYGO rules that have less credi- sibility of one of the largest estates. votes to pay for this extension of poli- bility than all the fake stimulus jobs Finally, it’s important that this bill cies with bipartisan support. I choose we hear about, please, no lectures. And is permanent, and not a temporary fix. to support the strongest version of when you talk about statutory That guarantees families, farmers, and PAYGO possible. That is the PAYGO PAYGO, I’ll remind Members how small businesses the certainty they provision in this bill. So, on the one many violations of PAYGO have oc- need to plan ahead rationally. Presi- hand, we bring in this bill estate plan- curred. Two dozen of them in the last dent Bush’s estate tax policy, by con- ning rationality, substance, and con- couple of years by this Congress, sup- trast, gave the country anything but fidence. And on the other hand, we posedly fiscally responsible. certainty. It phased out the estate tax, adopt once again in this House the And you know the way they got repealed it entirely for 2010, and then premise of statutory PAYGO, which around it? In some cases they used the brought it back, at 2001 levels, for 2011. got us to 4 years of surplus during the same PAYGO 25 different times. That’s In other words, 3.5 today, zero tomor- Clinton administration, the only 4 like mortgaging your house 25 times to

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13489 the bank as collateral. They used some on the books brings a different for- Relief for Families, Farmers, and Small Busi- PAYGO 10 different times. In fact, one mula—it’s called carryover basis. When nesses Act of 2009. This is responsible legis- time, to try to look like they balanced you inherit property and go to sell it, lation that would provide permanent tax relief the bill, this Congress, on this floor, you pay capital gains on everything to middle-class families and family-owned with this leadership, decreed that there over the value of the initial acquisi- businesses, while maintaining the estate tax will be no terrorist attacks for the next tion—the price grandma paid when she for only the 7,600 wealthiest individuals na- 5 years so that this bill can look like it got the farm or what have you. The tionwide, according to the Committee on Ways was paid for. Farm Bureau has called this insidious and Means. So, please, no lectures on fiscal re- relative to its impact on farms and H.R. 4152, the Permanent Estate Tax Relief sponsibility from a Congress and a small businesses. We make that prob- for Families, Farmers, and Small Businesses White House that is ruining this coun- lem go away, and it needs to go away. Act of 2009 permanently would set the estate try, driving us so deep into debt I don’t I don’t think it’s right, responding to tax at the 2009 level. This would allow families know how our grandchildren will ever another point made by my friend, Mr. and small businesses to have certainty about get out of it. BRADY, to blame Mr. Clinton for the es- the rate of taxation on their estates and plan I think the main point today that I tate tax. President Bush had 8 years of accordingly. will refute as well is that this is the governing after Mr. Clinton. Six of Currently the estate tax exemption is set at only option. The truth of the matter is those years Republicans controlled this $3.5 million for individuals and $7 million for that there is a bipartisan bill that has Chamber. If they needed to do some- couples and with a maximum tax rate of 45 support of some 39 or so Members of thing, they certainly had time to do it. percent. Unless the House and the Senate this House, supported by so many of But what they left us is a mess that take action, the estate tax is scheduled to the groups, family farms, small busi- now needs to be attended to; because to enter 1 year of full repeal in 2010 followed by nesses, local nurseries, home builders, have the estate tax repealed next year, a return of the estate tax in 2011 with a dras- and retail shops, that does have sup- have a capital gains tax come in in- tically reduced exemption level and a much port in the House and in the Senate. stead of the estate tax, a capital gains higher maximum rate of taxation. If we allow That’s the compromise that should be tax that will hit 71,000 taxpayers. While the estate tax to return to a $1 million exemp- on the floor today. That’s the way we the 6,000 get relief on the estate tax, tion at a tax rate of 55 percent, 30,000 more make sure we help our family small 71,000 have new capital gains exposure American small businesses, farms, and fami- businesses. and then have it all go back to the 2002 lies will be subject to the estate tax in 2011. And let me tell you, too, whenever levels in the year after that; $1 million, Given the high property values in New Jersey, Washington says we’re only going after $2 million joint, 55 percent rate. It allowing the estate tax to revert to a million a few of the wealthy, grab your pocket- makes no sense. dollar exemption would hit my constituents es- books because we’ve seen this run be- The bill on the floor achieves almost pecially hard. unanimous relief from the estate tax fore. And the alternative minimum tax Additionally, the legislation we are consid- while making the rules very clear: 99.25 was supposed to tax 100 or so of the ering today would require all new spending to percent get excluded from the estate wealthiest Americans, as we just be paid for and not increase the debt by insti- tax. Those estates, joint estates, over heard. Today that tax can grab almost tuting pay-as-you-go budgeting as law. I sup- $7 million would continue to have the 24 million Americans. We’re going to port pay-as-you-go rules because fiscal dis- exposure—although they would obvi- see every year more and more family cipline must always be a hallmark of our gov- ously have the wherewithal to apply to farms, more and more small businesses ernment. In the 1990s with pay-as-you-go as that. The rate 45 percent only applies trapped, damaged, destroyed by this the law, we turned the massive deficits of the to assets over the $7 million. So in a death tax unless this bill is voted 1980s into a record surplus under President taxable estate there is zero tax on the Clinton. Pay-as-you-go is only one tool, but it down. And we have other options that first $7 million, 45 percent over that. is a strong one to return our Nation back to really can help. On average, that means you have got I reserve the balance of my time. fiscal stability. about an 18 percent rate, not nearly I urge my colleagues to support this legisla- b 1315 half as had been described by the other tion. Mr. POMEROY. Mr. Speaker, I yield side. Mr. DINGELL. Mr. Speaker, I rise in support In closing, I have a quote from a myself such time as I may consume. of H.R. 4154, the ‘‘Permanent Estate Relief for Washington Post editorial talking Mr. Speaker, let me begin by con- Families, Farmers, and Small Businesses Act about this situation in today’s paper. gratulating my friend, Mr. BRADY. He of 2009.’’ This bill will extend permanently the It says, ‘‘In one of those fiscal time has been entrusted to manage time on 2009 estate tax rules, which are estimated to bombs left from the Bush administra- the bill. He’s done a great job of it. For affect only 1 in 500 estates. By allowing the tion, the estate tax, having gradually many years I’ve had a running debate estate tax to expire next year, we will be de- dwindled, is set to be eliminated en- with Mr. Hulshof who’s no longer with priving the Federal Government of critically us as he did not run for reelection last tirely next year—only to spring back to life, full-force, in 2011. Unless some- needed funds to finance, among other things, year. I think Mr. BRADY has more than thing is done, 2010 will be the year to economic stabilization programs. Moreover, at picked up the banner from Mr. Hulshof, a time when many working Americans are los- and I commend him for a good discus- throw Mama from the train, tax-free. This would be terrible policy, not to ing their jobs and finding it difficult to make sion. mention unkind to Mama.’’ ends meet, particularly in southeast Michigan, I do believe that he begins with a cu- So I believe that we need to act. The it strikes me as wholly unconscionable that the rious point. He attacks the Democrats bill before us is a reasonable resolution Congress should approve a tax cut for the for budget deficits while advocating a of this issue. I urge its adoption. wealthiest of the country’s citizens. Further- bill that would cost twice as much as I reserve the balance of my time. more, while I am ever cognizant of the effect the bill on the floor. Repeal of the es- Mr. BRADY of Texas. Mr. Speaker, I of Federal policy on small businesses, I would tate tax would lose roughly half a tril- yield myself the balance of my time. remind my colleagues that, according to the lion dollars over the next decade. That I would say while I disagree strongly Tax Policy Center, only 100 small business is well over double the cost of the bill with some of those assertions, I do very and farm estates in the entire Nation would before the House. Another thing about much appreciate the work that Mr. owe any estate tax in 2010 if the 2009 rules that bill that you did not hear one POMEROY has done on this bill. It is an were extended, and virtually none of them speck of discussion on from the Repub- issue that concerns so many of us. I am would have to be sold to pay the tax. licans in the debate today is this cap- hopeful we can still come together on a Thus, in my view, the bluster about the pur- ital gains tax issue. Let me briefly re- bipartisan compromise that can pass ported effect of this bill on farms and small count it. this House, and for many of us who businesses is unfounded. As such, I urge my Right now, when someone inherits have as our goal full and permanent re- colleagues to vote in favor of this bill, as I will. property under an estate, if they go on peal of the death tax, I hope someday Mr. STARK. Mr. Speaker, I rise in opposi- to sell it, the capital gains is on the to work with him on that as well. tion to the permanent extension of the 2009 value of the asset at the time it was in- Mr. HOLT. Mr. Speaker, I rise today in sup- estate tax. The American people have more herited. If we don’t act, the law that is port of H.R. 4152, the Permanent Estate Tax pressing concerns. Our priority should be to

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13490 CONGRESSIONAL RECORD — HOUSE December 3, 2009 create jobs, enact health reform, and extend ers have constructed, entrepreneurs have es- colleagues to vote against this unjust tax unemployment insurance and COBRA assist- tablished businesses, and all made our nation scheme. ance, not provide gifts for the wealthiest 7,000 even greater than the founding fathers envi- Ms. KILPATRICK of Michigan. Mr. Speaker, Americans. sioned. In the process of becoming success- I rise in opposition to H.R. 4154, the Perma- I favor a 1-year extension of current law, ful, wealth is created. When a person suc- nent Estate Tax Relief of Families, Farmers, and then we can consider the estate tax in the cessfully pursues a dream and wisely man- and Small Businesses. I am worried sick that context of all of the expiring Bush tax provi- ages resources over a lifetime, the Federal we have misplaced our priorities as Congress sions. This provision should not be given pri- Government should not punish those accom- when we are voting on legislation to perma- ority over helping those who can’t find afford- plishments by seizing a significant portion of nently, not temporarily, extend a tax cut to the able health coverage or have lost their home what was intended to be passed along to fam- richest, top 1 percent, of all income earners or their job. ily members upon death. when Congress has not passed a public works Now is not the right time for this legislation. Due to burdensome death taxes, there are job program for the unemployed. We are Let’s pass a 1-year extension and get back to countless examples of families who have been sending 30,000 of America’s finest young men the issues that are truly important to the Amer- forced to sell their business or purchase it and women off to war in Afghanistan at the ican people—creating jobs and assisting strug- back from the government. A business that estimated potential cost of $20 billion per year. gling families. I urge a ‘‘no’’ vote. has been in a family for generations can be Congress must pass a public works job pro- Mr. VAN HOLLEN. Mr. Speaker, I rise in lost overnight because of the death tax. And gram. support of the Permanent Estate Tax Relief for when a business leaves its family roots, there This bill has not been considered through Families, Farmers, and Small Businesses Act is a loss of pride in the fundamental traditions regular order. This bill has had zero hearings, of 2009. that helped make the business a success. there have been no subcommittee or full com- If enacted into law, this legislation would This is not the legacy parents want to leave mittee mark ups by the House Ways and permanently extend the estate tax at its cur- their children and grandchildren. Means Committee. rent 2009 top rate of 45 percent and exemp- Growing up on a family farm, I understand We currently have more than 15 million un- tion level of $3.5 million, $7 million for joint fil- the impending doom the death tax imposes. employed Americans. The national unemploy- ers. In so doing, H.R. 4154 will provide need- Instead of proudly teaching one’s children and ment rate is more than 10 percent. In the ed certainty for families engaged in estate grandchildren how to work the land of their State of Michigan, we have a reported rate of planning while significantly reducing the total forefathers, farming families are instead fo- more than 15 percent, and in the city of De- number of estates subject to the estate tax rel- cused on whether they can save enough to troit, the unemployment rate is more than 28 ative to current law. This measure is con- pay the death tax or literally, ‘‘lose the farm.’’ percent. These are the reported rates. As sistent with both President Obama’s FY 2010 I am pleased to have worked with my col- Chairperson of the Congressional Black Cau- Budget, as well as Congress’s FY 2010 Budg- leagues in the House of Representatives to cus during the 110th Session of Congress, et Resolution—and importantly, today’s rule in- eliminate this tax. I strongly supported the from 2007 to 2008, I pushed to get a public corporates statutory PAYGO into the under- Economic Growth and Tax Relief Reconcili- works program. I also worked to get an ag- lying initiative, which will go a long way to- ation Act of 2001, EGTRRA. Under EGTRRA, gressive summer jobs program in 2008. Both wards restoring our Nation’s long-term fiscal the death tax and generation-skipping transfer to no avail. discipline. tax are scheduled to be repealed effective It would not be difficult to get a public works I urge my colleagues’ support. January 1, 2010. However, the death tax will program done immediately. Working from the Mr. BRALEY of Iowa. Mr. Speaker, today I come back in full force on January 1, 2011, template that was established with the Civilian stand in support of H.R. 4154, the Permanent unless Congress takes action to extend or Conservation Corps, CCC, during the Depres- Estate Tax Relief for Families, Farmers, and permanently repeal the tax. sion era, updated by the Comprehensive Em- Small Businesses Act of 2009 because I un- Mr. Speaker, we don’t need a reform to the ployment Training Act, CETA, we could insert derstand the importance of protecting Iowa’s Death Tax, we need full repeal. Under this language in one of the remaining Appropria- farms and small businesses. This bill helps legislation, the 0 percent tax death tax rate in tions bills for consideration. Not only to get ensure that these businesses are not 2010 will be raised by 45 percent. This is not such a bill authorized, but appropriated as downsized as they are passed from one gen- the direction we should be moving in. well. This would help hundreds of thousands, eration to the next. In both the 107th and 108th Congresses, if not millions, get the best stimulus package While I am supportive of the estate tax ex- the House passed legislation making the re- there is—a job. The American people are beg- emption of $3.5 million per person in the short peal permanent, but the Senate did not. In the ging Congress to do something to help them term, I am frustrated that the bill does not ad- 109th Congress, the House passed H.R. 8 with employment. Private industry cannot do it just this amount for inflation. Earlier this week, that would have permanently repealed the es- alone. Our states and our cities do not have I submitted an amendment to the Rules Com- tate tax. On June 8, 2006, the Senate held a the resources to employ our people. It is up to mittee to adjust the estate tax for inflation, but cloture vote on a motion to proceed to con- Congress to make that happen. The Federal that amendment was not allowed to the House sider H.R. 8. However, the vote of 57–41 fell Government is the employer of last resort. Floor. While the title of this bill indicates that three votes short of the 60 needed to consider The President, just this week, will send it is a permanent fix, I worry that we will be the bill. 30,000 additional troops to Afghanistan. This right back in the same situation in a few years. Instead of fully repealing the Death Tax, this troop build-up, in America’s second longest Do not let the estate tax go down the same Democrat majority deems it necessary to still war, is estimated to cost half a million dollars path as the alternative minimum tax, AMT. tax almost half of an individual’s estate upon per servicemember, and an estimated $20 bil- The AMT was originally passed in 1969 as a their death. lion per year. These troops will be on the measure to target 155 high-income house- The legislation before us today will keep the ground in Afghanistan in less than 3 weeks. holds that were paying little or no income tax estate tax at its 2009 level, meaning the gov- Meanwhile, Congress will still have done noth- because of loopholes in the tax code at that ernment gets 45 percent of a deceased per- ing toward getting jobs for their parents, their time. However, because it was not adjusted son’s estate valued over $3.5 million dollars siblings, or their neighbors through a public for inflation, an increasing number of middle- instead of 0 percent as under the 2001 act. works jobs program. class taxpayers have found themselves sub- Additionally, the $3.5 million exemption is I am proud of my vote in favor of the eco- ject to this tax. Indexing the estate tax for in- not indexed for inflation. Similar to the Alter- nomic stimulus package, which has helped to flation will help ensure that it does not have native Minimum Tax, the Death Tax will gradu- delay our downward economic spiral. The the unintended consequence of impacting mid- ally affect more and more families and busi- abysmal unemployment rate, however, de- dle-class families in the future. nesses than originally intended. mands that Congress do more. An aggressive As this bill continues through the congres- I have been a strong supporter of perma- public works jobs program, with funding from sional process, I urge my colleagues to adjust nently ending the death tax throughout my ca- the Federal Government going directly to cities the estate tax for inflation so that it truly is a reer and will vigorously oppose this tax in- and counties, providing jobs and training, fo- permanent fix. crease in the President’s budget and the un- cusing on infrastructure development and Mr. TIAHRT. Mr. Speaker, throughout our derlying bill before the House today. based on the successful Civilian Conservation history, Americans have worked vigorously to This is not the legacy parents want to leave Corps and Comprehensive Employment Train- achieve great success despite extraordinary their children and grandchildren. This is not ing Acts, is what America wants and Ameri- hardships. Farmers have tilled the earth, in- the legacy that this Congress wants to leave cans need. Infrastructure investment has cre- ventors have exercised their ingenuity, build- to its constituents. I unequivocally urge my ated more jobs, with fewer dollars, and with

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13491 less time than any other Recovery Act pro- encies the majority has set up with its MOTION TO TABLE gram. There are still 9,500 shovel-ready own rules. On one hand, clause 10 of Mr. POMEROY. Mr. Speaker, I move projects across the country that could get rule XXI—known as the PAYGO rule— to table the appeal of the ruling of the started in the next 120 days. An aggressive in- requires amendments, including those Chair. vestment by Congress in a new Civilian Con- contained in motions to recommit like The SPEAKER pro tempore. The servation Corps or Comprehensive Employ- this one, to be budget neutral. On the question is on the motion to table. ment Training Act focused on infrastructure re- other hand, clause 7 of rule XVI— The question was taken; and the pair and improvement would create thousands known as the germaneness rule—con- Speaker pro tempore announced that of American manufacturing jobs, American strains our ability to offer pay-fors by the ayes appeared to have it. construction jobs, American city and county requiring that they be related to the Mr. HELLER. Mr. Speaker, on that I government jobs, and American service sector underlying bill. demand the yeas and nays. jobs. These two rules are problematic in The yeas and nays were ordered. Why is the House of Representatives today today’s case because H.R. 4154 is draft- The vote was taken by electronic de- pushing for a permanent extension at this time ed so narrowly that it is impossible to vice, and there were—yeas 234, nays of this legislation, when the Ways and Means identify germane offsets. Thus, not sur- 186, not voting 14, as follows: Committee asked for a temporary extension? prisingly, the majority has stacked the [Roll No. 927] Furthermore, the Senate has said that they rules of the House to try to make it YEAS—234 impossible for the minority to offer its will only consider a temporary extension— Abercrombie Green, Al Napolitano which, in these fiscally austere times, is cer- preferred approach. We saw that 2 Ackerman Green, Gene Neal (MA) tainly reasonable. weeks ago on the SGR fix and are wit- Adler (NJ) Grijalva Oberstar I am a supporter of our families, our farmers nessing it again today as the rules are Altmire Gutierrez Obey Andrews Hall (NY) Olver and our small businesses. I want our families, being used to keep us from offering a Arcuri Halvorson Ortiz farmers, and small businesses to succeed. full and permanent repeal of the death Baca Hare Owens The timing for this permanent extension to the tax. Baldwin Harman Pallone wealthiest 1 percent of all Americans, when Ironically, the bill before us today, Bean Hastings (FL) Pascrell Becerra Heinrich Pastor (AZ) we have more than 15 million Americans out H.R. 4154, doesn’t even meet the Berkley Herseth Sandlin Payne of work, is wrong. I will continue to fight in House’s own PAYGO rules. That’s Berman Higgins Perlmutter Congress for a new, comprehensive public right. That is because the budget reso- Berry Hill Perriello Bishop (GA) Himes Peters work jobs program that will get Americans, lution allows the chairman of the Bishop (NY) Hinchey Peterson who want to work, back on the job. Budget Committee to simply reset the Blumenauer Hinojosa Pingree (ME) Mr. BRADY of Texas. I yield back baseline to accommodate a certain Boccieri Hirono Polis (CO) the remainder of my time. amount of death tax relief. Boren Hodes Pomeroy Boswell Holden Price (NC) Mr. POMEROY. I yield back the bal- Mr. Speaker, you are being asked to Boucher Holt Quigley ance of my time. rule on whether this motion to recom- Boyd Honda Rahall The SPEAKER pro tempore. All time mit complies with PAYGO, but the Brady (PA) Hoyer Rangel for debate has expired. Braley (IA) Inslee Reyes base bill itself is not PAYGO compli- Brown, Corrine Israel Richardson Pursuant to House Resolution 941, ant. It would increase the deficit by Butterfield Jackson (IL) Rodriguez the previous question is ordered on the more than $230 billion. This begs the Capps Jackson-Lee Ross bill. question, if it’s appropriate for the ma- Cardoza (TX) Rothman (NJ) The question is on the engrossment Carnahan Johnson (GA) Roybal-Allard jority to consider estate tax relief Carney Johnson, E. B. Ruppersberger and third reading of the bill. under H.R. 4154 without offsets, in vio- Carson (IN) Kanjorski Rush The bill was ordered to be engrossed lation of the spirit of PAYGO, then Castor (FL) Kaptur Ryan (OH) and read a third time, and was read the Chandler Kennedy Salazar why is it now inappropriate, or out of Childers Kildee Sa´ nchez, Linda third time. order, for the minority to provide even Chu Kilpatrick (MI) T. MOTION TO RECOMMIT more tax relief under their amend- Clarke Kilroy Sanchez, Loretta Mr. HELLER. Mr. Speaker, I have a ment? Clay Kind Sarbanes Cleaver Klein (FL) Schakowsky motion to recommit at the desk. I request that you overrule the point Clyburn Kosmas Schauer The SPEAKER pro tempore. Is the of order and allow the House to debate Cohen Kucinich Schiff gentleman opposed to the bill? our alternative, which is complete re- Connolly (VA) Langevin Schrader Mr. HELLER. Yes, in its current peal of the death tax. Conyers Larsen (WA) Schwartz Cooper Larson (CT) Scott (GA) form. Thank you, Mr. Speaker, for the op- Costa Lee (CA) Scott (VA) The SPEAKER pro tempore. The portunity be heard on the point of Costello Levin Serrano Clerk will report the motion to recom- order. Courtney Lewis (GA) Shea-Porter mit. The SPEAKER pro tempore. The gen- Crowley Lipinski Sherman Cuellar Loebsack Shuler The Clerk read as follows: tleman from North Dakota makes a Cummings Lofgren, Zoe Sires Mr. Heller moves to recommit the bill H.R. point of order that the amendment pro- Dahlkemper Lowey Skelton 4154 to the Committee on Ways and Means posed in the instructions included in Davis (AL) Luja´ n Slaughter with instructions to report the same back to the motion to recommit offered by the Davis (CA) Lynch Smith (WA) the House forthwith with the following Davis (IL) Maffei Snyder gentleman from Nevada violates clause Davis (TN) Maloney Speier amendment: DeFazio Markey (CO) Spratt Strike all after the enacting clause and in- 10 of rule XXI by proposing a change in revenues that would increase the def- DeGette Markey (MA) Stark sert the following: Delahunt Marshall Stupak SECTION 1. SHORT TITLE. icit. DeLauro Massa Sutton This Act may be cited as the ‘‘Death Tax Pursuant to clause 10 of rule XXI, the Dicks Matheson Tanner Repeal Permanency Act of 2009’’. Chair is authoritatively guided by esti- Dingell Matsui Teague Doggett McCarthy (NY) Thompson (CA) SEC. 2. ESTATE TAX REPEAL MADE PERMANENT. mates from the Committee on the Donnelly (IN) McCollum Thompson (MS) Section 901 of the Economic Growth and Budget that the net effect of the provi- Doyle McDermott Tierney Tax Relief Reconciliation Act of 2001 shall sions in the amendment affecting reve- Driehaus McMahon Titus not apply to title V of such Act. nues would increase the deficit for a Edwards (MD) McNerney Tonko Ellison Meek (FL) Towns POINT OF ORDER relevant period. Engel Meeks (NY) Tsongas Mr. POMEROY. Mr. Speaker, I make Accordingly, the point of order is Eshoo Michaud Van Hollen a point of order under clause 10 of rule sustained and the motion is not in Etheridge Miller (NC) Vela´ zquez XXI. The motion increases the deficit Farr Miller, George Visclosky order. Fattah Mollohan Walz for purposes of that rule. Mr. HELLER. Mr. Speaker, I appeal Filner Moore (KS) Wasserman The SPEAKER pro tempore. Does the ruling of the Chair. Foster Moore (WI) Schultz any Member wish to be heard on the The SPEAKER pro tempore. The Frank (MA) Murphy (CT) Waters Fudge Murphy (NY) Watson point of order? question is, Shall the decision of the Garamendi Murphy, Patrick Watt Mr. HELLER. Mr. Speaker, this point Chair stand as the judgment of the Gordon (TN) Murtha Waxman of order shows the blatant inconsist- House? Grayson Nadler (NY) Weiner

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13492 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Welch Wilson (OH) Wu The SPEAKER pro tempore. The mates show that the full repeal of the Wexler Woolsey Yarmuth Clerk will report the motion to recom- tax would create 1.5 million jobs. NAYS—186 mit. Again, that’s jobs created. Who knows Aderholt Garrett (NJ) Mitchell The Clerk read as follows: how many jobs will be saved by elimi- Akin Gerlach Moran (KS) Mr. Heller moves to recommit the bill H.R. nating the death tax. Alexander Giffords Murphy, Tim 4154 to the Committee on Ways and Means Eliminating the death tax will also Austria Gingrey (GA) Myrick with instructions to report the same back to Bachmann Gohmert Neugebauer have several other positive effects on Bachus Goodlatte Nunes the House forthwith with the following the economy. One recent study showed Barrett (SC) Granger Nye amendment: that eliminating the death tax will in- Bartlett Graves Olson Strike all after the enacting clause and in- crease small business capital by over Barton (TX) Griffith Paul sert the following: $1.6 trillion; eliminating the death tax Biggert Guthrie Paulsen SECTION 1. SHORT TITLE. Bilbray Hall (TX) Pence This Act may be cited as the ‘‘Death Tax will increase the probability of hiring Bilirakis Harper Petri Repeal Extension Act of 2009’’. by 8.6 percent; eliminating the death Blackburn Hastings (WA) Pitts tax will increase payrolls by 2.6 per- Blunt Heller Platts SEC. 2. EGTRRA SUNSET ON ESTATE, GIFT, AND Boehner Hensarling Poe (TX) GENERATION-SKIPPING TRANSFER cent; eliminating the death tax will ex- Bonner Herger Posey TAX PROVISIONS DELAYED 1 YEAR. pand investment by 3 percent; elimi- Boozman Hoekstra Price (GA) In the case of title V of the Economic nating the death tax will create 1.5 Boustany Hunter Putnam Growth and Tax Relief Reconciliation Act of million additional small business jobs; Brady (TX) Inglis Radanovich 2001, section 901 of such Act shall be applied and eliminating the death tax will re- Bright Issa Rehberg by substituting ‘‘December 31, 2011’’ for ‘‘De- Broun (GA) Jenkins Reichert duce the current jobless rate by almost cember 31, 2010’’ both places it appears in Brown (SC) Johnson (IL) Roe (TN) 1 percent. Brown-Waite, Johnson, Sam Rogers (AL) paragraphs (1) and (2) of subsection (a) of such section. The American people know that the Ginny Jones Rogers (KY) death tax punishes hard work by dis- Buchanan Jordan (OH) Rogers (MI) The SPEAKER pro tempore. The gen- couraging savings and investing, un- Burgess Kagen Rohrabacher tleman from Nevada is recognized for 5 Burton (IN) King (IA) Rooney dermines job creation, and frankly con- Buyer King (NY) Ros-Lehtinen minutes. tradicts the central promise of Amer- Calvert Kingston Roskam Mr. HELLER. H.R. 4154 would be bet- ican life. They know the death tax is a Camp Kirk Royce ter called the Permanent Estate Tax Campbell Kirkpatrick (AZ) Ryan (WI) jobs destroyer. Cantor Kissell Scalise Increase for Families, Farmers, and Colleagues, our Founding Fathers Cao Kline (MN) Schmidt Small Businesses Act. My second mo- worked to ensure the rights of life, lib- Capito Kratovil Sensenbrenner tion to recommit still addresses elimi- erty and the pursuit of happiness. In Carter Lamborn Sessions nation of the death tax. As the Chair Cassidy Lance Sestak addition, they fought, spurred largely Castle Latham Shadegg has just ruled, the sensible alternative, by unfair taxation, to secure their Chaffetz LaTourette Shimkus full permanent repeal of the death tax, rights to private property and the ef- Coble Latta Shuster is not allowable under the House ma- Coffman (CO) Lee (NY) Simpson forts of their work. They wanted a na- Cole Lewis (CA) Smith (NE) jority’s rules. Therefore, this second tion where one could work, think, Conaway LoBiondo Smith (NJ) motion to recommit is drafted to meet produce, create, invent and prosper. Crenshaw Luetkemeyer Smith (TX) the arcane, pro-tax increase PAYGO This made our Nation different than all Culberson Lummis Souder rules. Davis (KY) Lungren, Daniel Space others at the time which created the Deal (GA) E. Stearns This motion continues the full elimi- tremendous engine of the American Dent Mack Sullivan nation of the death tax for 2010, as cur- economy. What would they say about a Diaz-Balart, L. Manzullo Taylor rently scheduled and promised to the government confiscating 45 percent of Diaz-Balart, M. Marchant Terry Dreier McCarthy (CA) Thompson (PA) American people, and then extends property earned over a lifetime? Duncan McCaul Thornberry that full elimination 1 additional year Of the 56 signers of the Declaration of Ehlers McClintock Tiahrt to 2011. Business or farm income was Independence, 18 were merchants or Ellsworth McCotter Tiberi taxed when it was created, saved, in- businessmen and 14 were farmers. Emerson McHenry Turner Fallin McIntyre Upton vested, and spent. These assets were Many lost their lives or family mem- Flake McKeon Walden taxed annually with property taxes. bers, and at least 11 signers had their Fleming McMorris Wamp They don’t need to be taxed yet again homes and property destroyed. In com- Forbes Rodgers Westmoreland mitting their ‘‘lives, fortunes, and sa- Fortenberry Mica Whitfield upon death. While 2 years is shorter Foxx Miller (FL) Wilson (SC) than many of us in the House would cred honor’’ as the Declaration of Inde- Franks (AZ) Miller (MI) Wittman prefer, it’s the only alternative left. pendence reads, they sacrificed to en- Frelinghuysen Miller, Gary Wolf Colleagues, the flaws with H.R. 4154 sure their heirs could keep what they Gallegly Minnick Young (FL) are numerous, but in defense of their earned. What would those who sac- NOT VOTING—14 misguided bill the majority cries that rificed so much say about a permanent Baird Edwards (TX) Melancon certainty trumps the punitive 45 per- 45 percent rate? Barrow Gonzalez Moran (VA) cent rate. But the Federal Government Congress made a promise to fully Bishop (UT) Linder Schock shouldn’t be entitled to half or even eliminate the death tax. The American Bono Mack Lucas Young (AK) Capuano McGovern one-third of your assets when you die. people are sick and tired of broken Make no mistake: the purpose of the promises from their government. Con- b 1351 inheritance tax is to erase all of an in- gress should keep this promise to the Messrs. KINGSTON, MINNICK, dividual’s net worth within three gen- American people and do what it com- MCINTYRE, and BLUNT changed their erations. Let me repeat that: the pur- mitted to do 8 years ago: allow the es- vote from ‘‘yea’’ to nay.’’ pose of the inheritance tax is to erase tate tax to expire in 2010 and extend Messrs. HOLT, MCDERMOTT, and all of an individual’s net worth within that expiration to 2011. PERLMUTTER changed their vote three generations. Death should not be a taxable event. from ‘‘nay’’ to yea.’’ Enshrining a 45 percent punitive tax Support this motion and keep the So the motion to table was agreed to. rate is bad policy, and the only thing death tax buried. The result of the vote was announced worse than bad policy is permanent bad Mr. Speaker, I yield back the balance of my time. as above recorded. policy. I am sure the American people Mr. POMEROY. Mr. Speaker, I rise in A motion to reconsider was laid on will be upset with the certainty of zero. the table. opposition to the motion. Today the majority is working hard to The SPEAKER pro tempore. The gen- MOTION TO RECOMMIT bring new vigor to the old adage ‘‘The tleman from North Dakota is recog- Mr. HELLER. Mr. Speaker, I have a only things in life that are certain are nized for 5 minutes. motion to recommit at the desk. death and taxes.’’ The SPEAKER pro tempore. Is the Let’s remember that the unemploy- b 1400 gentleman opposed to the bill? ment rate is still high: 10 percent na- Mr. POMEROY. I commence my com- Mr. HELLER. I am, in its current tionwide and more than 13 percent in ments by offering to yield to the gen- form. my home State of Nevada. Recent esti- tleman if he would like to discuss the

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13493 capital gains tax implications of the lem because we had surpluses as far as Dreier Lance Radanovich motion to recommit. the eye could see. But they failed to Duncan Latham Rehberg Ehlers LaTourette Reichert Mr. HELLER. Mr. Speaker, I would act, and by doing so, they failed hun- Ellsworth Latta Roe (TN) be happy to respond. If the gentleman dreds or thousands of families in this Emerson Lee (NY) Rogers (AL) is asking to refer this piece of legisla- country, despite, as I said earlier, a Fallin Lewis (CA) Rogers (KY) Flake LoBiondo tion back to Ways and Means and the picture of record surpluses as far as the Rogers (MI) Fleming Luetkemeyer Rohrabacher Budget Committee, I would be happy to Forbes Lummis eye could see. Instead, a policy was cre- Rooney Fortenberry Lungren, Daniel do so so that we can discuss those ated that set an unsustainable rate for Ros-Lehtinen Foxx E. issues. Ryan (WI) political gain. Franks (AZ) Mack Mr. POMEROY. Reclaiming my time, Congress can do better. We can pro- Frelinghuysen Manzullo Scalise that wasn’t much of an answer, so let vide some permanency. The leadership Gallegly Marchant Schauer Schmidt me make it a little more clear. of this body, my Democratic colleagues Garrett (NJ) McCarthy (CA) Gerlach McCaul Schock The bill would impose a new capital and I, have chosen to solidify the fu- Giffords McClintock Sensenbrenner gains tax obligation. Six thousand peo- ture of American families by making Gingrey (GA) McCotter Sessions ple would get estate tax relief if full re- these 2009 levels permanent. Gohmert McHenry Shadegg peal goes into effect; 71,000 have a new Goodlatte McIntyre Shimkus Let’s be clear. The motion to recom- Granger McKeon Shuster capital gains tax laid upon them be- mit provides the same sort of uncer- Graves McMahon Simpson cause carryover basis is established in- tainty for folks who are planning for Griffith McMorris Skelton stead of the step-up basis. their estates as was done in 2001. What Guthrie Rodgers Smith (NE) In other words, if you inherit Grand- Hall (TX) McNerney Smith (NJ) the motion to recommit does is extend Harper Mica Smith (TX) ma’s farm, if Grandma paid $100 an the zero tax rate for 1 year to the end Hastings (WA) Miller (FL) Souder acre for it and it’s now worth $2,000 an of 2011, and then in 2012 it comes back Heller Miller (MI) Space Hensarling Miller, Gary acre, and you go to sell it, you have just like it was in 2001. How in the Stearns Herger Minnick Sullivan capital gains on all appreciated value world are families supposed to plan Hoekstra Mitchell over $100. That’s not how the law works Teague when they’re sitting down with their Hunter Moran (KS) Terry Inglis Murphy, Tim now. How the law works now, if you Thompson (PA) lawyers and their accountants near the Issa Myrick have property worth $2,000 an acre, Thornberry end of life, how in the world are they Jenkins Neugebauer Tiahrt that’s your basis. There’s no capital supposed to plan with those kinds of Johnson (IL) Nunes gains if you would sell it for $2,000 an Johnson, Sam Nye Tiberi laws in place? It is heartily irrespon- Turner acre. The Farm Bureau has said this Jones Olson sible. Jordan (OH) Paulsen Upton falls particularly insidiously on farms So I would plead with you to defeat King (IA) Pence Walden and small businesses, the very people this motion, pass H.R. 4154. Let’s send King (NY) Petri Wamp Westmoreland they claim to be helping. it to the Senate hooked with PAYGO Kingston Pitts The motion to recommit, unfortu- Kirk Platts Whitfield and see if we can’t get this country Kirkpatrick (AZ) Poe (TX) Wilson (SC) nately, brings what has been a pretty back on track economically and pro- Kissell Posey Wittman respectable debate into, I think, some vide some certainty and permanency Kline (MN) Price (GA) Wolf Lamborn Putnam Young (FL) of the same overblown rhetoric that for the folks as they plan for their es- has plagued this issue in the past. The tates. NOES—233 estate tax has changed 10 times in 11 The SPEAKER pro tempore. Without Abercrombie Davis (IL) Israel years. Now, isn’t it time we provide objection, the previous question is or- Ackerman Davis (TN) Jackson (IL) Altmire DeFazio Jackson-Lee some certainty to the American people, dered on the motion to recommit. not just more of the uncertainty that Andrews DeGette (TX) There was no objection. Arcuri Delahunt Johnson (GA) they offer? The SPEAKER pro tempore. The Baca DeLauro Johnson, E. B. What’s more, it’s not just certainty. Baird Dicks Kagen question is on the motion to recommit. We make the estate tax go away for Baldwin Dingell Kanjorski 99.75 percent of the people in this coun- The question was taken; and the Bean Doggett Kaptur Speaker pro tempore announced that Becerra Donnelly (IN) Kennedy try, 99.75 percent. But that’s not good Berkley Doyle Kildee enough for them. They’ll hold out for the noes appeared to have it. Berman Driehaus Kilpatrick (MI) that last few tenths of a percent even if RECORDED VOTE Berry Edwards (MD) Kilroy Bishop (GA) Edwards (TX) Kind it means laying a capital gains tax ob- Mr. HELLER. Mr. Speaker, I demand Bishop (NY) Ellison Klein (FL) ligation on 71,000 families to achieve a recorded vote. Blumenauer Engel Kosmas that end. A recorded vote was ordered. Boccieri Eshoo Kratovil Boswell Etheridge Kucinich Mr. Speaker, I yield the balance of The SPEAKER pro tempore. Pursu- Boucher Farr Langevin my time to the gentleman from Florida ant to clause 8 and clause 9 of rule XX, Boyd Fattah Larsen (WA) (Mr. BOYD). this 15-minute vote on the motion to Brady (PA) Filner Larson (CT) Mr. BOYD. I thank the gentleman recommit will be followed by 5-minute Braley (IA) Foster Lee (CA) Brown, Corrine Frank (MA) Levin from North Dakota for yielding. I also votes on passage, if ordered, and the Butterfield Fudge Lewis (GA) thank Chairman RANGEL for his work motion to suspend the rules on H.R. Capps Garamendi Lipinski and also particularly the gentleman 3570. Cardoza Gordon (TN) Loebsack Carnahan Grayson Lofgren, Zoe from North Dakota for his longtime The vote was taken by electronic de- Carney Green, Al Lowey dedication to resolving this issue and vice, and there were—ayes 187, noes 233, Carson (IN) Green, Gene Luja´ n making it fair and permanent for fami- not voting 14, as follows: Castor (FL) Grijalva Lynch lies who are trying to plan estates. Chandler Gutierrez Maffei [Roll No. 928] Childers Hall (NY) Maloney Mr. Speaker, I rise today to speak AYES—187 Chu Halvorson Markey (CO) against the motion to recommit and in Clarke Hare Markey (MA) Aderholt Boozman Cao Clay Harman Marshall favor of H.R. 4154, the Permanent Es- Adler (NJ) Boren Capito Cleaver Hastings (FL) Massa tate Tax Relief for Families, Farmers, Akin Boustany Carter Clyburn Heinrich Matheson Alexander Brady (TX) Cassidy and Small Businesses Act of 2009. The Cohen Herseth Sandlin Matsui Austria Bright Castle bill before us creates permanent finan- Connolly (VA) Higgins McCarthy (NY) Bachmann Broun (GA) Chaffetz Conyers Hill McCollum cial guidelines for the future of fami- Bachus Brown (SC) Coble Cooper Himes McDermott Barrett (SC) Brown-Waite, Coffman (CO) lies, farmers, and small businesses Costa Hinchey Meek (FL) Bartlett Ginny Cole across this country. Costello Hinojosa Meeks (NY) Barton (TX) Buchanan Conaway Courtney Hirono Michaud Due to the policy enacted in 2001 Biggert Burgess Crenshaw Crowley Hodes Miller (NC) under the Republican leadership, finan- Bilbray Burton (IN) Culberson Cuellar Holden Miller, George Bilirakis Buyer Davis (KY) cial planning for estates since then has Cummings Holt Mollohan Blackburn Calvert Deal (GA) been at best unpredictable, a crapshoot Dahlkemper Honda Moore (KS) Blunt Camp Dent Davis (AL) Hoyer Moore (WI) for now a decade. The leadership at Bonner Campbell Diaz-Balart, L. Davis (CA) Inslee Murphy (CT) that time had a chance to fix this prob- Bono Mack Cantor Diaz-Balart, M.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13494 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Murphy (NY) Ross Stupak Clay Inslee Peters Kingston Mitchell Scalise Murphy, Patrick Rothman (NJ) Sutton Cleaver Israel Peterson Kirk Moran (KS) Schauer Murtha Roybal-Allard Tanner Clyburn Jackson (IL) Pingree (ME) Kirkpatrick (AZ) Murphy (CT) Schmidt Nadler (NY) Ruppersberger Taylor Cohen Jackson-Lee Polis (CO) Kline (MN) Murphy, Tim Schock Napolitano Rush Thompson (CA) Connolly (VA) (TX) Pomeroy Kosmas Myrick Scott (VA) Neal (MA) Ryan (OH) Thompson (MS) Conyers Johnson (GA) Price (NC) Kratovil Neugebauer Sensenbrenner Oberstar Salazar Tierney Cooper Johnson, E. B. Quigley Lamborn Nunes Sessions Obey Sa´ nchez, Linda Titus Costa Kagen Rahall Lance Nye Shadegg Olver T. Tonko Costello Kanjorski Rangel Latham Olson Shimkus Ortiz Sanchez, Loretta Towns Courtney Kennedy Reyes LaTourette Owens Shuster Owens Sarbanes Tsongas Crowley Kildee Richardson Latta Paul Simpson Pallone Schakowsky Lee (NY) Paulsen Slaughter Van Hollen Cuellar Kilroy Rodriguez Pascrell Schiff Cummings Kind Lewis (CA) Pence Smith (NE) Vela´ zquez Ross Pastor (AZ) Schrader Dahlkemper Kissell Linder Petri Smith (NJ) Visclosky Rothman (NJ) Payne Schwartz Davis (AL) Klein (FL) LoBiondo Pitts Smith (TX) Walz Roybal-Allard Perlmutter Scott (GA) Davis (CA) Kucinich Rush Luetkemeyer Platts Souder Perriello Scott (VA) Wasserman Davis (IL) Langevin Lummis Poe (TX) Space Schultz Ryan (OH) Peters Serrano Davis (TN) Larsen (WA) Salazar Lungren, Daniel Posey Stark Peterson Sestak Waters E. DeFazio Larson (CT) Sanchez, Loretta Price (GA) Stearns Pingree (ME) Shea-Porter Watson Mack Putnam Sullivan DeGette Lee (CA) Sarbanes Polis (CO) Sherman Watt Manzullo Radanovich Terry Delahunt Levin Schakowsky Pomeroy Shuler Waxman Marchant Rehberg Thompson (PA) DeLauro Lewis (GA) Schiff Price (NC) Sires Weiner Dicks Lipinski McCarthy (CA) Reichert Thornberry Schrader Quigley Slaughter Welch Dingell Loebsack McCaul Roe (TN) Tiahrt Schwartz Rahall Smith (WA) Wexler Donnelly (IN) Lofgren, Zoe McClintock Rogers (AL) Tiberi Scott (GA) Rangel Snyder Wilson (OH) Doyle Lowey McCotter Rogers (KY) Turner Serrano Reyes Speier Woolsey Driehaus Luja´ n McDermott Rogers (MI) Upton Sestak Richardson Spratt Wu Edwards (MD) Lynch McHenry Rohrabacher Walden Shea-Porter Rodriguez Stark Yarmuth Edwards (TX) Maffei McKeon Rooney Walz Sherman Ellison Maloney McMorris Ros-Lehtinen Wamp Shuler NOT VOTING—14 Ellsworth Markey (CO) Rodgers Roskam Westmoreland Sires Barrow Linder Paul Engel Markey (MA) McNerney Royce Whitfield Skelton Bishop (UT) Lucas Roskam Eshoo Marshall Mica Ruppersberger Wilson (SC) Smith (WA) Boehner McGovern Etheridge Massa Miller (FL) Ryan (WI) Wittman Royce Snyder Capuano Melancon Farr Matheson Miller (MI) Sa´ nchez, Linda Wolf Young (AK) Speier Gonzalez Moran (VA) Fattah Matsui Miller, Gary T. Young (FL) Filner McCarthy (NY) Spratt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Foster McCollum Stupak NOT VOTING—9 Sutton Frank (MA) McIntyre Barrow Gonzalez Melancon The SPEAKER pro tempore (during Tanner the vote). There is 1 minute remaining Fudge McMahon Bishop (UT) Lucas Moran (VA) Garamendi Meek (FL) Taylor Capuano McGovern Young (AK) in the vote. Giffords Meeks (NY) Teague Gordon (TN) Michaud Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1421 Grayson Miller (NC) Thompson (MS) The SPEAKER pro tempore (during Tierney Mr. GEORGE MILLER of California Green, Al Miller, George the vote). There are 2 minutes remain- Green, Gene Minnick Titus changed his vote from ‘‘aye’’ to ‘‘no.’’ Grijalva Mollohan Tonko ing in this vote. So the motion to recommit was re- Gutierrez Moore (KS) Towns Hall (NY) Moore (WI) Tsongas b 1431 jected. Van Hollen Halvorson Murphy (NY) Mr. RUPPERSBERGER changed his The result of the vote was announced Hare Murphy, Patrick Vela´ zquez as above recorded. Harman Murtha Visclosky vote from ‘‘yea’’ to ‘‘nay.’’ A motion to reconsider was laid on Hastings (FL) Nadler (NY) Wasserman Ms. JACKSON-LEE of Texas changed the table. Heinrich Napolitano Schultz her vote from ‘‘nay’’ to ‘‘yea.’’ Herseth Sandlin Neal (MA) Waters Stated for: Higgins Oberstar Watson So the bill was passed. Mr. ROYCE. Mr. Speaker, on rollcall No. Hill Obey Watt The result of the vote was announced 928 I was unavoidably detained. Had I been Hinchey Olver Waxman as above recorded. Hinojosa Ortiz Weiner A motion to reconsider was laid on present, I would have voted ‘‘aye’’. Hirono Pallone Welch Mr. ROSKAM. Mr. Speaker, on December Hodes Pascrell Wexler the table. 3rd, 2009 I was unavoidably detained and Holden Pastor (AZ) Wilson (OH) Stated for: Holt Payne Woolsey Mr. CAPUANO. Mr. Speaker, I missed a missed rollcall vote No. 928. Had I been Honda Perlmutter Wu present, I would have voted ‘‘aye’’. Hoyer Perriello Yarmuth vote today. Had I been present, I would have Mr. BOEHNER. Mr. Speaker, on rollcall No. voted on rollcall No. 929 ‘‘yea.’’ NAYS—200 928 I was unavoidably detained. Had I been f present, I would have voted ‘‘aye’’. Aderholt Calvert Franks (AZ) The SPEAKER pro tempore. The Akin Camp Frelinghuysen SATELLITE HOME VIEWER Alexander Campbell Gallegly REAUTHORIZATION ACT OF 2009 question is on the passage of the bill. Austria Cantor Garrett (NJ) The question was taken; and the Bachmann Cao Gerlach The SPEAKER pro tempore. The un- Speaker pro tempore announced that Bachus Capito Gingrey (GA) finished business is the vote on the mo- the ayes appeared to have it. Baird Carter Gohmert Barrett (SC) Cassidy Goodlatte tion to suspend the rules and pass the Mr. DAVIS of Kentucky. Mr. Speak- Bartlett Castle Granger bill, H.R. 3570, as amended, on which er, on that I demand the yeas and nays. Barton (TX) Chaffetz Graves the yeas and nays were ordered. The yeas and nays were ordered. Bean Coble Griffith The Clerk read the title of the bill. Becerra Coffman (CO) Guthrie The SPEAKER pro tempore. This Biggert Cole Hall (TX) The SPEAKER pro tempore. The will be a 5-minute vote. Bilbray Conaway Harper question is on the motion offered by The vote was taken by electronic de- Bilirakis Crenshaw Hastings (WA) the gentleman from Michigan (Mr. vice, and there were—yeas 225, nays Blackburn Culberson Heller Blunt Davis (KY) Hensarling CONYERS) that the House suspend the 200, not voting 9, as follows: Boehner Deal (GA) Herger rules and pass the bill, H.R. 3570, as [Roll No. 929] Bonner Dent Himes amended. Bono Mack Diaz-Balart, L. Hoekstra This will be a 5-minute vote. YEAS—225 Boozman Diaz-Balart, M. Hunter Abercrombie Bishop (GA) Butterfield Boustany Doggett Inglis The vote was taken by electronic de- Ackerman Bishop (NY) Capps Brady (TX) Dreier Issa vice, and there were—yeas 394, nays 11, Adler (NJ) Blumenauer Cardoza Bright Duncan Jenkins not voting 29, as follows: Altmire Boccieri Carnahan Broun (GA) Ehlers Johnson (IL) Andrews Boren Carney Brown (SC) Emerson Johnson, Sam [Roll No. 930] Arcuri Boswell Carson (IN) Brown-Waite, Fallin Jones YEAS—394 Baca Boucher Castor (FL) Ginny Flake Jordan (OH) Abercrombie Alexander Baca Baldwin Boyd Chandler Buchanan Fleming Kaptur Aderholt Altmire Bachmann Berkley Brady (PA) Childers Burgess Forbes Kilpatrick (MI) Adler (NJ) Arcuri Bachus Berman Braley (IA) Chu Burton (IN) Fortenberry King (IA) Akin Austria Baird Berry Brown, Corrine Clarke Buyer Foxx King (NY)

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13495 Baldwin Etheridge LoBiondo Roskam Shuler Tonko Tuesday. On Tuesday the House will Barrett (SC) Farr Loebsack Ross Shuster Towns Bartlett Fattah Lofgren, Zoe Rothman (NJ) Simpson Tsongas meet at 9 a.m. for morning-hour debate Barton (TX) Filner Lowey Roybal-Allard Sires Turner and 10 a.m. for legislative business. Becerra Fleming Luetkemeyer Royce Skelton Upton Members are advised votes could occur Berkley Forbes Luja´ n Ruppersberger Smith (NJ) Van Hollen as early as 10 a.m. on Tuesday. Berman Fortenberry Lungren, Daniel Rush Smith (TX) Vela´ zquez On Wednesday and Thursday the Berry Foster E. Ryan (OH) Smith (WA) Visclosky Biggert Frank (MA) Lynch Ryan (WI) Snyder Walden House will meet at 10 a.m. for legisla- Bilbray Franks (AZ) Mack Sa´ nchez, Linda Souder Walz tive business, and on Friday the House Bilirakis Frelinghuysen Maffei T. Space Wamp will meet at 9 a.m. for legislative busi- Bishop (NY) Fudge Maloney Sanchez, Loretta Speier Wasserman ness. Blackburn Gallegly Manzullo Sarbanes Spratt Schultz Blumenauer Garamendi Markey (CO) Scalise Stark Waters We will consider several bills under Blunt Gerlach Markey (MA) Schakowsky Stearns Watson suspension of the rules. The complete Boccieri Gingrey (GA) Marshall Schauer Stupak Watt list of suspension bills will be an- Boehner Gohmert Massa Schiff Sullivan Waxman nounced by the close of business to- Bonner Goodlatte Matheson Schmidt Sutton Weiner Bono Mack Gordon (TN) Matsui Schock Tanner Welch morrow. Boozman Granger McCarthy (CA) Schrader Taylor Westmoreland In addition, we will consider H.R.—I Boren Graves McCarthy (NY) Schwartz Teague Wexler don’t have the number yet, of the tax Boswell Grayson McCaul Scott (GA) Terry Whitfield extenders bill of 2009, and H.R. 4173, the Boucher Green, Al McCollum Scott (VA) Thompson (CA) Wilson (OH) Boustany Green, Gene McCotter Sensenbrenner Thompson (MS) Wilson (SC) Wall Street Reform and Consumer Pro- Boyd Griffith McDermott Serrano Thompson (PA) Wittman tection Act of 2009. Brady (PA) Grijalva McHenry Sessions Thornberry Wolf I thank the gentleman for yielding. Brady (TX) Guthrie McIntyre Sestak Tiahrt Woolsey Mr. CANTOR. Mr. Speaker, I thank Bright Gutierrez McKeon Shadegg Tiberi Wu Shea-Porter Tierney Yarmuth the gentleman. Broun (GA) Hall (NY) McMahon Mr. Speaker, since this is our first Brown (SC) Hall (TX) McMorris Shimkus Titus Young (FL) Brown, Corrine Halvorson Rodgers NAYS—11 colloquy following Thanksgiving Buchanan Hare McNerney break, I would like to ask the gen- Burgess Harman Meek (FL) Cassidy Foxx McClintock tleman if he could give the Members a Burton (IN) Harper Meeks (NY) Culberson Garrett (NJ) Paul Butterfield Hastings (FL) Mica Duncan Latta Smith (NE) sense of what legislation perhaps that Buyer Hastings (WA) Michaud Flake Lummis we will be voting on for the remainder Calvert Heinrich Miller (FL) NOT VOTING—29 of this month. And I yield. Camp Heller Miller (MI) Mr. HOYER. First of all, let me say Ackerman Capuano McGovern Cantor Hensarling Miller (NC) to the gentleman that it is my hope Cao Herger Miller, Gary Andrews Carney Melancon Capito Herseth Sandlin Miller, George Barrow Castor (FL) Moran (VA) that we will adjourn the first session of Capps Higgins Minnick Bean Fallin Perlmutter the Congress from the House’s perspec- Cardoza Hill Mitchell Bishop (GA) Giffords Putnam Bishop (UT) Gonzalez Rogers (KY) tive by the 18th. With respect to the Carnahan Himes Mollohan bills that we are considering, obviously Carson (IN) Hinchey Moore (KS) Braley (IA) Johnson, E. B. Salazar Carter Hinojosa Moore (WI) Brown-Waite, Linder Sherman we have seven appropriation bills that Castle Hirono Moran (KS) Ginny Lucas Slaughter have not yet been enacted. The con- Chaffetz Hodes Murphy (CT) Campbell Marchant Young (AK) tinuing resolution expires on the 18th Chandler Hoekstra Murphy (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of December. Childers Holden Murphy, Patrick Chu Holt Murphy, Tim The SPEAKER pro tempore (during It is my hope that before that time Clarke Honda Murtha the vote). There are 2 minutes remain- we will have provision for the passage Clay Hoyer Myrick ing on this vote. of all seven of the appropriation bills, Cleaver Hunter Nadler (NY) either individually, which may be dif- Clyburn Inglis Napolitano b 1438 Coble Inslee Neal (MA) ficult because the Senate has not Coffman (CO) Israel Neugebauer So (two-thirds being in the affirma- passed three of those bills on its floor. Cohen Issa Nunes tive) the rules were suspended and the In one form or another we will have all Cole Jackson (IL) Nye bill, as amended, was passed. Conaway Jackson-Lee Oberstar seven of those bills passed prior to the Connolly (VA) (TX) Obey The result of the vote was announced 18th. Conyers Jenkins Olson as above recorded. The Speaker, Leader REID, and I all Cooper Johnson (GA) Olver The title was amended so as to read: want to avoid another continuing reso- Costa Johnson (IL) Ortiz ‘‘A bill to extend the statutory license Costello Johnson, Sam Owens lution, which we think is not the best Courtney Jones Pallone for secondary transmissions under title way to move forward. We are hopeful Crenshaw Jordan (OH) Pascrell 17, United States Code, and for other that we can accomplish that. Crowley Kagen Pastor (AZ) purposes.’’. In addition, the regulatory reform Cuellar Kanjorski Paulsen Cummings Kaptur Payne A motion to reconsider was laid on bill you heard will be next week, the Dahlkemper Kennedy Pence the table. tax extenders. We have the unemploy- Davis (AL) Kildee Perriello Stated for: ment insurance. We have the COBRA Davis (CA) Kilpatrick (MI) Peters Ms. SLAUGHTER. Mr. Speaker, I was un- extension. Both of those expire on De- Davis (IL) Kilroy Peterson Davis (KY) Kind Petri avoidably detained and missed rollcall vote cember 31. We have the PATRIOT Act, Davis (TN) King (IA) Pingree (ME) No. 930 (H.R. 3570 as amended). Had I been the provisions of which expire on De- Deal (GA) King (NY) Pitts present, I would have voted ‘‘yea’’ on rollcall cember 31. We want to address that. We DeFazio Kingston Platts DeGette Kirk Poe (TX) vote No. 930. have got highway reauthorization, Delahunt Kirkpatrick (AZ) Polis (CO) f which also expires on December 31. We DeLauro Kissell Pomeroy want to address that. And we have, I’m LEGISLATIVE PROGRAM Dent Klein (FL) Posey sure, other bills that we will be consid- Diaz-Balart, L. Kline (MN) Price (GA) Diaz-Balart, M. Kosmas Price (NC) (Mr. CANTOR asked and was given ering. Dicks Kratovil Quigley permission to address the House for 1 As you know, I know you’re happy Dingell Kucinich Radanovich minute.) about it, I’m happy about it, Iran sanc- Doggett Lamborn Rahall Mr. CANTOR. I yield to the gen- Donnelly (IN) Lance Rangel tions will be on the calendar as well, on Doyle Langevin Rehberg tleman from Maryland, the majority the Suspension Calendar the week after Dreier Larsen (WA) Reichert leader, for the purpose of announcing next. Driehaus Larson (CT) Reyes next week’s schedule. Mr. CANTOR. Mr. Speaker, I thank Edwards (MD) Latham Richardson Edwards (TX) LaTourette Rodriguez Mr. HOYER. I thank my friend for the gentleman. And I know I’m joined Ehlers Lee (CA) Roe (TN) yielding. by the gentlelady from Florida in Ellison Lee (NY) Rogers (AL) Mr. Speaker, on Monday the House thanking you very much for your work Ellsworth Levin Rogers (MI) will meet at 10:30 a.m. for morning- on the Iran Refined Petroleum Sanc- Emerson Lewis (CA) Rohrabacher Engel Lewis (GA) Rooney hour debate and noon for legislative tions Act and bringing that to the Eshoo Lipinski Ros-Lehtinen business, with votes postponed until floor.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13496 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Mr. HOYER. I thank the gentleman. Senate and the House have reached that will happen or not, obviously I am If the gentleman will yield. agreement, I think, or hopefully, are not able to predict that, but other than Mr. CANTOR. I yield. on the verge of reaching agreement on that circumstance, it’s my expectation Mr. HOYER. I appreciate the bipar- those bills individually so that they that we will not be in the week of the tisan work. I see the ranking member can be included. The Senate, as I point- 21st or the week of the 28th. of the Foreign Affairs Committee, my ed out, has not considered three of the Mr. CANTOR. I thank the gentleman friend, Ms. ROS-LEHTINEN, who has bills on the floor, and I’m not sure, for that. worked very hard on this as well with given their focus on health care, that Mr. HOYER. Nor for that matter, as Mr. BERMAN. I’m pleased this is com- they will be able to do so. So from that the schedule, as you know, reflects, the ing. It’s very important that we send a standpoint, they would be included in a week after the 1st, which is the 3rd, I very strong message as we see the Ira- conference report as opposed to consid- guess. nian Government and the President ered on the Senate floor. They’ve been Mr. CANTOR. I thank the gentleman, say they are going to do one thing, but considered on the House floor, and we Mr. Speaker. Mr. Speaker, I would ask apparently never do it. So I think it’s will give as much notice as we possibly the gentleman does he expect to vote appropriate that we act. can on those. But the good news is on increasing the Nation’s debt limit Mr. CANTOR. I thank the gentleman. we’ve considered those individually on this month? And I yield. Mr. Speaker, I would ask the gen- the floor, so the overwhelming major- Mr. HOYER. Not only do I expect it, tleman, I note that he did announce ity of those bills are well-known to my belief is that it’s mandatory that that we will be considering H.R. 4173, Members. we do so. Obviously, the United States the financial regulation bill, and per- Mr. CANTOR. I thank the gentleman. has never defaulted on its debt, and to haps seven appropriations bills. I don’t And I do realize that the House has do so would cause international disrup- know which form that would be in, considered its version, although we all tion in the financial markets, further whether it would be separately or in an know that when they come back from exacerbating an already difficult eco- omnibus form; but, nonetheless, all of conference especially, many of the nomic situation for our country and for these are incredibly large measures Members on both sides of the aisle have countries around the world. So it is not costing billions of dollars of taxpayer some concerns about earmarks and only my expectation, but I believe it is money, stretching over thousands of others, which would, I think, warrant absolutely essential that we do that. pages. the time to review these bills. In the As the gentleman knows, we have My question, Mr. Speaker, is, What is same light, Mr. Speaker, it is the con- passed already, in this House, an exten- the gentleman’s intention as to the pe- cern of many that we have an oppor- sion of the debt. The Senate has not riod of time which Members and the tunity to look at any manager’s passed that at this point in time, but I public will have to review these bills amendment or self-executing amend- do expect it to be included in one of the prior to the Members voting on them? ments in the rules that are presented pieces of legislation that we consider. I And does that mean that we will still to the body and our having time to re- think it is absolutely essential and, in be consistent with the gentleman’s rep- view that as well. And I would just my view, whether you like the debt or resentations on other bills prior to this make that note. don’t—I mean, none of us like it—it session that we would have 72 hours for Mr. Speaker, I would ask the gen- would be irresponsible for the Congress consideration and review of those bills tleman, does he expect a final health not to pass a debt extension for debts as well as any manager’s amendment care bill this month? And I yield. that it has incurred. I yield back. and self-executing amendments in a Mr. HOYER. I will choose my words Mr. CANTOR. I thank the gentleman. rule? carefully. As opposed to expect, I hope Mr. Speaker, I’d like to ask a followup And I yield. that there will be a bill. Clearly, the to that comment. Does the gentleman Mr. HOYER. I thank the gentleman Senate is debating that bill. We believe expect us to have an up-or-down vote for yielding. that this is one of the most important on the increase of the debt limit, or, if He is correct, I have made that rep- bills that any Member will have consid- not, if it is a part, as he suggested, of resentation; and I want to try to ac- ered during the course of their tenure another piece of legislation, which leg- complish that objective. As the gen- in this House, including myself, and islation that would be? And I yield. tleman also knows, on both sides we I’ve been here, as you know, some Mr. HOYER. Well, that has not been have experienced this issue, at the end time. The Senate is debating those finally decided at this point in time. of a session, as I fervently hope we are bills now. Senator REID has had great We’ll have to wait to see what the Sen- closely achieving, at the end of a ses- difficulty getting this bill to move ate feels it can do in one of the con- sion obviously when you’re having con- along in an orderly fashion, which, I ferences that we have. As the gen- ference reports, it’s not necessarily think, makes it impossible to predict tleman probably knows, under Senate possible to do that if you can’t get the when the Senate will be able to pass it. procedure, while they’re considering conference reports moved quickly I can tell you that I know that Leader the health bill, the only thing they can enough by the time you want to ad- REID is hopeful that this bill will be rise for, without the necessity to have journ. considered over the next 10, 12 days, a 60 vote to go back into consideration However, having said that, the gen- and that they will be able to pass it of the health bill, is a conference re- tleman is correct, the regulatory re- prior to the 18th of December. And I’m port. So my expectation is it will be in form bill that is going to be reported hopeful that they can as well. a conference report. out by the committee has been re- Mr. CANTOR. I thank the gentleman Mr. CANTOR. I thank the gentleman. ported out, will be available this on that. And as a followup to that, Mr. Mr. Speaker, I’d like to turn to the evening, and will be available—I don’t Speaker, I know there’s been some dis- question of whether this House will be expect to have that on the floor any cussion or reports that the Senate may dealing with what has been reported, a sooner than Tuesday of next week. be scheduled to be in session past the second stimulus bill. And I know that Christmas holiday, and I was won- we have been reading much about the b 1445 dering, Mr. Speaker, if the gentleman White House job summit today. There’s So there will be plenty of time to re- expected that to impact the House’s been a lot of reports in the press about view that piece of legislation. As you schedule after Christmas. And I yield. the majority’s meeting on a second know, that has had extensive hearings. Mr. HOYER. I thank the gentleman stimulus bill, and I’d like to ask the Two of the bills that are included with- for yielding. It’s my expectation that it gentleman, Mr. Speaker, if he could in the framework of that bill we’ve al- will not. But I want to give this caveat. clarify the timing, the content and the ready passed, as you know. So for that If, in fact the Senate passes its health cost of a proposed second stimulus bill. bill there will be a lot of time. care reform bill early enough so that And I yield. With respect to the omnibus that you we may have a conference and conclude Mr. HOYER. Well, the gentleman, of referred to, we have discretely, individ- a conference so that at some time in course, wants to use language that ually, considered each one of those December we could pass a conference we’re not using. We’re focused on jobs. bills. They’ve passed the House. The report, with that caveat—now whether Stimulus is a broader reach, frankly,

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13497 than we are looking at. We do believe, what I call a no-cost jobs plan, and I characterized the stimulus package, though, as the gentleman has expressed am happy to forward that to the gen- which I did not; I have characterized on a number of occasions, that jobs is tleman. I have made a similar type of the Recovery and Reinvestment Act, the focus. And we are looking at legis- request of the White House, and I think which the CBO said gained us 600,000 to lation which will help to create jobs, have gotten a response that they too 1.4 million jobs. expand our economy, ensure our may be willing to consider some of the b 1500 growth. Republican solutions to the current As the gentleman knows, the CBO re- crisis that people are feeling across The gentleman likes to do this. He leased their report on the Recovery Act this country. has done it a number of times. He says, which we passed and its impact on the Mr. Speaker, I would say that I am ‘‘Finally we’re talking about jobs.’’ As economy and employment in the third somewhat heartened to hear the gen- a matter of fact, in February we passed quarter, which was the first quarter in tleman talk about the ineffectiveness legislation—with no help, frankly, 8 that we had grown the GDP. As the of the first stimulus bill. The gen- from your side—which, in fact, CBO gentleman knows, that was not the tleman did say that the term ‘‘stim- says has created up to 1.4 million new case in 2008, of course. CBO estimates ulus’’ was a little broader than what jobs in America. In addition, we believe that because of the Recovery Act, they’re looking at now. And in my we’ve saved a lot of jobs in America as 600,000 to 1.6 million jobs, more Ameri- opinion, I thought that the definition well. We are not where we want to be. cans had jobs as a result of the Recov- of a stimulus bill was to create jobs. So The gentleman also indicates—and I ery Act. The GDP, according to CBO, if the gentleman now is agreeing with would agree—that both sides of the was 1.2 percent to 3.2 percent higher me that the creation of jobs did not hit aisle have dug the hole deeper on the than it would have been if we had not the mark the way that was promised deficit. I say with all respect to my passed the Recovery Act. And the un- on the first stimulus bill, that we do friend, we had an administration that employment rate was nine-tenths of a need to finally focus on job creation, was in office for 8 years, the Clinton point lower than it would have been. that gives me a lot of confidence, Mr. administration. I would remind my Mark Zandi, the chief economist of Speaker, because at least we’re now friend—I am sure he is familiar with Moody’s Economy.com recently said talking about the same thing. And these statistics—that he inherited a the stimulus is doing what it was sup- along those lines, again, I am thankful $292 billion deficit from George Bush I. posed to do. It is contributing to end- that the gentleman asked for our solu- He reduced that deficit that year; the ing the recession. In my view, without tions, and we’re going to proffer those. next year he reduced it further; the the stimulus, the GDP would still be in But I do want to suggest that we can, third year he reduced it even further; the negative as opposed to positive. and there are some commonsense the fourth year he reduced it even fur- Unemployment would be above 11 per- things we can sit down and probably ther; and the fifth, sixth, seventh and cent, and there are a little over 1.1 mil- agree on that we could do right now eighth years, the Clinton administra- lion more jobs out there as of October that wouldn’t cost the taxpayers any- tion economic program took us into than there would have been without thing, and we wouldn’t have to be con- surplus—the only administration in the stimulus. tinuing to mortgage the future of our your lifetime, and I am much older Having said that, you and I both children. I think both of us can agree, than you are—the only administration agree not enough has been done. Not- Mr. Speaker, that both sides have done in my lifetime that had 4 years of sur- withstanding the fact, essentially, their share to dig the hole of incurring plus, and the only administration in there has been, with 2-months’ excep- too much debt for this country. Enough my lifetime that ended their 8 years tion with a little glitch-up, a straight- is enough. And I do think that we have with a net surplus. line decline in the number of loss of and will offer solutions that will begin So I would disagree with my friend jobs per month from the high of the to arrest that trend, and at the same that we contributed. In fact, your ad- last month of the last administration time focus on job creation. ministration under Mr. Bush inherited of 747,000 lost. As you know, it’s less Mr. HOYER. Will my friend yield? a $5.6 trillion surplus. Who said so? than 190,000 lost. We don’t have the re- Mr. CANTOR. I will. And I would like President Bush said so in 2001. We dis- port on Friday, but it’s less than that, to ask one more point, and then I will sipated that into a $10 trillion deficit— I think, which is progress, but it’s not yield. If we are talking about finally arguably the largest turnaround of any success. Success will be when we start shifting to the mode, Mr. Speaker, of nation in the world, certainly in terms gaining jobs. job creation, I’d like to ask the gen- of dollars. I’m not sure on percentage. In that context, I tell my friend that tleman, has there been any discussion Some countries, third-world countries, we are in fact looking at ways and in his caucus about perhaps holding have pretty bad experiences. But to means to spur greater job creation, back on some of the measures that are turn around a $5.6 trillion surplus by allow small businesses to expand, get being discussed, such as the financial $15 trillion and turn it into a $10 tril- additional credit, as well as continuing regulatory reform bill coming to the lion deficit and the worst economy to assist those who have lost their jobs floor next week, because there is a we’ve seen in three-quarters of a cen- and are in need of assistance. But I study recently released by the Univer- tury under the economic program that cannot, at this point in time, give you sity of Chicago, University College was pursued by your side of the aisle, the specifics. London, and George Mason University very frankly I’m not going to take re- You have correctly observed the ad- economists, which said that this pack- sponsibility for that, I tell my friend ministration, because of its concern age of reform bills coming out of the with all due respect. about job creation, is having a summit Financial Services Committee will re- This administration was confronted or a forum today to seek advice from duce consumer borrowing by at least with the worst economic situation of experts on the economy, experts in the 2.1 percent and reduce new jobs by 4.3 any administration since Franklin business field, and we certainly are percent. And essentially, the study Roosevelt. We have been trying with, I going to look to them as well, talking comes to the conclusion that interest think, real focus, and in some respects to them. I want to also say to my rates will rise by 141 basis points, real courage, because some of the friend that I would be more than which will yield the loss of over a mil- things we did were very tough. You, I pleased to receive from you and Mem- lion jobs over the next 5 years. So if we think, joined us when we responded to bers on your side of the aisle sugges- are concerned about job creation, why your administration, the Bush admin- tions that you might have to accom- are we moving forward with such a istration, and said through Secretary plish a greater growth of jobs in our measure? And I yield. Paulson and Mr. Bernanke, the country economy. I yield back. Mr. HOYER. I thank the gentleman is in crisis, and if we do not act and act Mr. CANTOR. Mr. Speaker, I cer- for yielding. Let me start at the begin- decisively, we may go into a depres- tainly appreciate that extension of an ning of his statement, that I might fa- sion. offer to allow us to, once again, proffer cetiously say was written by Lewis You will recall that my side of the our ideas. As the gentleman may know, Carroll, who wrote Alice in Wonder- aisle responded to the Republican I did speak out yesterday with a list of land, of course, when he says that I President, the chief executive of our

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13498 CONGRESSIONAL RECORD — HOUSE December 3, 2009 country, who said we were in crisis, created X number of jobs. I would say referees off the field, somebody leaves and we responded, and 142 of us voted to the gentleman, while you have peo- the line about a second before the ball on a bill that nobody wanted to vote ple across this country—10.2 percent of is hiked, and people lose. And that is for in order to preclude us going into the workforce being out of work—there what happened. The SEC didn’t regu- crisis. Your party, unfortunately, did is no way that anyone in this country late, the FDIC didn’t regulate the way not support your President, as you re- would believe CBO when it says the it should have, the administration call, in a majority sense on that par- economy is better. That’s the fact. didn’t regulate the way it should have. ticular vote in September of 2008. And so if we’re going to be about job And what went wrong? The financial Luckily, we came back. We had a creation, my simple point is this about community went amok. failure; luckily we came back. Not- bringing the package of financial regu- Mr. Greenspan came before the Con- withstanding the unpopularity of that latory reform bills to the floor. I don’t gress of the United States and said, I bill, we did contribute to stabilizing doubt the gentleman’s intention to try made a mistake. I thought people this economy. It was a tough vote. and do the right thing. But the reality would act consistent with a fair eval- Americans are angry about it; we’re is this is a case where we’re doing the uation of the risk they were willing to angry about it. Bailing out people who wrong thing for the right reason. This take. And Mr. Greenspan said, I was were extraordinarily fiscally irrespon- bill impacts negatively the job cre- wrong. In fact, they did not. And they sible—those same people that we want ators. We know this bill will increase incurred risk. And who paid the price? to regulate next week to make sure interest rates 141 basis points, which All of us paid the price. All of us as they are not subject to the regulatory means the loss of an additional mil- taxpayers paid the price at Secretary neglect that they were subjected to for lion-plus jobs over the next 5 years. Paulson’s request, Republican Sec- 8 years when the administration’s pol- So in that vein, I would ask the gen- retary of the Treasury, to try to sus- icy was to simply get out of the way, tleman again, if we are to see our way tain this economy not going into a de- not to regulate, not to oversee, and we to work together, let’s relieve the pression. saw an extraordinary financial melt- harm. This bill adds to the harm. In So I disagree with my friend that I down. the same way, I would ask the gen- haven’t addressed the issue of jobs. We So I will tell my friend with all due tleman, there is continued talk of the have. I disagree with the gentleman respect, I do not accept his premise bill otherwise known as Card Check. If when he says 1.4 million jobs. Well, that we haven’t been talking about I’ve heard it once, I think all Members we’re still losing jobs. We are. But jobs. I have not read the reports to have, from small businesses and large, we’re losing—and none of the statis- which he referred, but I do not accept the job creators, Please, please don’t tics, by the way, that I have intoned his premise that in fact making sure pass that bill because that will create a this afternoon has the gentleman re- that these big financial institutions op- huge drain on job creation. jected as being accurate: 747,000 jobs erate in a way that minimizes risk— So I would ask the gentleman, is lost during the last month of the Bush not just to them; they can afford the there any sense in his caucus that administration. Less than 190,000 this risk. They sock away money some- maybe now in times of high unemploy- month. where; the people who couldn’t afford ment is not the time to bring up Card Is that where we want to be? Of the risk who saw their 401(k)s go into Check? course it’s not. We want to create the tank, saw their retirement put at Mr. HOYER. Who mentioned that? Do 190,000. We want to create 500,000 jobs. risk. you have any other windmills that you We want to get people back to work. So I tell my friend that next week, want to tilt at? But the first thing we had to do was to we are going to adopt legislation hope- Mr. CANTOR. Mr. Speaker, if the reverse the extraordinary decline that fully that will try to ensure that Amer- gentleman would like to come to my we inherited in January of this year. I ica does not go down that road again. district and talk to the businesses think we’ve done that. Just as Franklin Roosevelt in the 1930s there, I think I could gather up many I will tell my friend that when those responded with regulation to ensure individuals who have put their entire who open up their retirement funds that the stock market excesses and life’s investment savings on the line that are invested in mutual funds or betting, on which people lost, did not and don’t want to see Washington or something else and find that their re- reoccur and very frankly has kept us this Congress continue to threaten the tirement funds are up 57 percent from pretty stable. But, unfortunately, a lot very existence of those businesses. the low point shortly after this admin- of the regulatory neglect—which I I yield. istration took office, they’re going to want to make clear was not only in the Mr. HOYER. I thank the gentleman think that’s progress. Is it where they Bush administration; there was some for yielding. want to be? No. They want to be back in the previous administration—we We got off your premise pretty quick- at a hundred percent of where they ought to have learned our lesson. I ly—to another bill that’s in the Sen- were. They’re not there yet. We need to would hope you would join with us in ate—my view is because we did create keep working, and that’s why we’re adopting this regulatory reform pack- jobs, CBO says we created jobs, and for considering a jobs bill before we leave age which will protect consumers and the gentleman to say the economy is here. If we can put one together, hope- ensure responsible behavior on behalf not in better shape today than it was fully in a bipartisan fashion, we will do of those whom we entrust with large when we took over from the last ad- so. parts of our national wealth and the ministration, I would remind the gen- Mr. CANTOR. I thank the gentleman. health of our economy. tleman, 747,000 jobs were lost in the My purpose in bringing up this no- Mr. CANTOR. I thank the gentleman. last month of the Bush administration; tion that we still have this Card Check And I would say he would agree with 3.8 million jobs were lost in the last bill out there is to demonstrate the me that since the beginning of the year of the Bush administration as op- fact that there really is a disconnect as 111th, priority one for this Nation has posed to the last year of the Clinton far as doing what we say and follow been job creation. administration, comparing the last two what I do. Because if we’re serious Mr. HOYER. That’s correct. administrations, 1.9 million jobs were about relieving the pain on job cre- Mr. CANTOR. And the facts are the added. ators, if we’re serious about getting facts. The stimulus bill was brought to I suggest to the gentleman what we Americans back to work, we wouldn’t this floor with the promise that it see on this regulatory reform bill is ex- be necessarily bringing the wrong bills would stop unemployment from ex- actly the philosophy that was brought to the floor for the right reason, which ceeding 8 percent. We are now at over under the Bush administration. If we is my point, Mr. Speaker. 10 percent national unemployment. simply get out of the way, don’t bother No one is quibbling with intention The facts are the facts. anybody, just get out of the way, Gov- here. I think that I would agree with Under this administration, the def- ernment, take the referees off the field the gentleman that there is a sense in icit has tripled since the last adminis- and all the players will play fairly, my America that there is not a level play- tration left. That is the facts. The gen- experience in life has not been that. My ing field at giving people a fair shot at tleman points out, CBO says that we’ve experience in life is when you get the their returns on Wall Street or a fair

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13499 shot in terms of heavy regulations in b 1515 months, but since there is very little hand coming from Washington. SPECIAL ORDERS chance that the Afghans will be ready So we can all agree that we need to by then, our troops are likely to be make the environment better for job The SPEAKER pro tempore. Under stuck for many, many years to come. creators and people who want to jump the Speaker’s announced policy of Jan- Finally, I’m disappointed in the in and take risks. But the financial uary 6, 2009, and under a previous order President’s plan because it continues regulatory reform package that is of the House, the following Members to rely on the military option that has being brought to the floor just as the will be recognized for 5 minutes each. failed. At the same time, it ignores the Card Check bill that’s still being spo- f far more effective alternative that is ken of around here, those are job kill- WHAT HAPPENED TO THE available to us. That alternative is ers. We ought to at least relieve the CIVILIAN SURGE? smart security. Smart security calls harm so that people we’re relying on to for a strong emphasis on diplomacy, The SPEAKER pro tempore. Under a create jobs can get back to work to do humanitarian aid, and economic devel- previous order of the House, the gentle- that. That was simply my point, Mr. opment for the Afghan people. That is woman from California (Ms. WOOLSEY) Speaker. what will stabilize Afghanistan. That is recognized for 5 minutes. In closing, Mr. Speaker, I would just is what will win the hearts and minds Ms. WOOLSEY. Mr. Speaker, I rise to note for the gentleman that 2.8 million of the Afghan people. ask: What happened to the civilian Americans have lost their jobs since More broadly, smart security in- surge in President Obama’s new strat- the passage of the majority’s first cludes a comprehensive plan that egy for Afghanistan? In his address to stimulus bill; and the Nation’s debt would eliminate the root causes of ex- the Nation on Tuesday night, the now stands at over $12 trillion. tremism in Afghanistan and elsewhere. President said that there are three I thank the gentleman for his time, It dismantles existing networks of ex- parts to his Afghanistan strategy: a and I yield back. tremists, and it would stop the spread military effort, a civilian surge, and of nuclear and conventional arms f partnership with Pakistan. But while around the world. I have proposed a the President spoke at great length smart security platform for the 21st ADJOURNMENT TO MONDAY, about the military effort and about century, Mr. Speaker, and it’s in my DECEMBER 7, 2009 Pakistan, he gave virtually no details bill, House Resolution 363. I invite about the civilian surge. In fact, he de- every Member of the House to read it Mr. HOYER. Mr. Speaker, I ask voted only one sentence of his speech unanimous consent that when the and to work with me to implement it. to it—a brief sentence about agricul- Mr. Speaker, I’m as committed to de- House adjourns today, it adjourn to tural assistance. feating extremism in Afghanistan as meet at 10:30 a.m. on Monday next for Earlier this year, with great fanfare, anyone, and I do not believe that sim- morning-hour debate. the President unveiled his plans for a ply pulling our troops out of Afghani- The SPEAKER pro tempore (Mr. civilian engagement. He said it would stan overnight is the right way to go. CUELLAR). Is there objection to the re- help the Afghan people to rebuild their But I do believe that the Afghan people quest of the gentleman from Maryland? economy, infrastructure, education need political, economic, and social so- There was no objection. system, justice system, government, lutions for their problems. They do not and civil society. I supported this pol- f need a military solution. That’s why I icy because I believe that helping the will join with others throughout our Afghan people to improve their lives is IMMIGRATION Nation in the days ahead to oppose the the best way to defeat violent extrem- escalation of this war and to urge the (Ms. Clarke asked and was given per- ists. But it’s now painfully obvious President to shift to smart security to mission to address the House for 1 that the White House has all but for- make our Nation and the world a safer minute and to revise and extend her re- gotten about the civilian surge. It ap- place. marks.) pears to have been lost in his plan to f Ms. CLARKE. Mr. Speaker, just last escalate the war with 30,000 more week our Nation celebrated Thanks- troops, which is deeply disappointing GITMO AND YEMENI DETAINEES giving. It was a time for families across to me. But it’s not the only reason why The SPEAKER pro tempore. Under a this Nation to unite and reflect on the I oppose the escalation. I oppose it be- previous order of the House, the gen- things we are grateful for. cause the American people don’t sup- tleman from Virginia (Mr. WOLF) is This Thanksgiving I looked around port it and can’t afford it. In fact, recognized for 5 minutes. my holiday table and admired the di- America’s military spending in Afghan- Mr. WOLF. Mr. Speaker, in a speech versity of my family, many of whom istan alone next year will now exceed at West Point earlier this week, Presi- are natural born citizens, some natu- the entire official military budget of dent Obama explicitly designated ralized citizens, and some Jamaican every other country in the world. Yemen as an emerging al Qaeda strong- immigrants. We are a blended family The escalation will also lead the Af- hold. The President stated, ‘‘Where al blessed with the realization of our own ghan people to see our troops as an oc- Qaeda and its allies attempt to estab- American dream. I realized that my cupying army, and the history of Af- lish a foothold—whether in Somalia or story enjoys a certain similarity to the ghanistan shows that the Afghan peo- Yemen or elsewhere—they must be first Thanksgiving celebration. Native ple will never accept a foreign occupa- confronted by growing pressure and Americans breaking bread with Pil- tion. As a result, the plan will boo- strong partnerships.’’ How can the grims. A blending of two different cul- merang because it will help the President reconcile these legitimate tures, one immigrant, one native. Taliban when they are recruiting for concerns about Somalia and Yemen Like my family, many families new members. while simultaneously releasing Guan- across this Nation are a blend of many The escalation will also lead to more tanamo Bay detainees to these dan- cultures and citizen status and are af- casualties of our troops and it will con- gerously unstable countries? fected by our dysfunctional immigra- tinue to stretch our military forces, Last month, the Obama administra- tion system. which are already stretched much too tion secretly released another detainee Mr. Speaker, immigration reform is thin. It will reduce the dwell time for to Yemen—information hidden from too important to be delayed. As we pre- our troops back home between deploy- the American people under a provision pare to debate immigration reform, I’m ments, placing even greater burdens on in the FY 2009 spending bills explicitly working with my colleagues to ensure them and on their families. prohibiting the disclosure of any infor- access to the American Dream. Just The President’s new strategy, Mr. mation to the American people. If the like you, I, too, am the face of immi- Speaker, also doesn’t include a real- American people knew who these de- gration; all of us coming together rep- istic exit plan. The President talks tainees were, the acts of terror they resenting the diversity of this great about transferring responsibility for have committed, or to which countries Nation, the United States of America. the war to Afghanistan within 18 they were going to be released, they

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13500 CONGRESSIONAL RECORD — HOUSE December 3, 2009 would never stand for it. This is a dan- If this administration is not prepared This past April, Ambassador Susan gerous precedent. Given that more to show good judgment on this issue, Rice promised that the U.S. would be than 74 Guantanamo detainees have re- this Congress must take action to pro- ‘‘fighting against the anti-Israel’’ rhet- turned to active terrorism, there’s a vide oversight and reconsider these ir- oric at the U.N. Unfortunately, this real concern about the potential for responsible decisions. But this Con- was easier said than done. The anti- these remaining detainees to return to gress has yet to hold a single hearing Israel attacks at the U.N. are not an a life of terror. to raise these concerns and demand an- occasional diversion. They are relent- The American people deserve the swers from this administration. less. They pervade the U.N., and they facts. I encourage the public to visit In closing, Mr. Speaker, the Amer- are not easily stopped. The New York Times ‘‘Guantanamo ican people deserve better judgment An excellent case study in this bias is Docket’’ Web site to review what scant from this administration and better the U.N.’s response to Israel’s conduct information about these detainees was oversight from this Congress. last winter of Operation Cast Lead, released by the previous administra- The SPEAKER pro tempore. Under a which was carried out to defend Israeli tion. I know they will find these sum- previous order of the House, the gen- citizens from rocket and mortar at- maries deeply troubling. tleman from Oregon (Mr. DEFAZIO) is tacks by Hamas and other violent ex- Of the many unstable countries to recognized for 5 minutes. tremist groups in Gaza. The Human which detainees may be sent, I’m most (Mr. DEFAZIO addressed the House. Rights Council authorized a ‘‘fact- concerned about the impending release His remarks will appear hereafter in finding mission’’ with a prejudicial of 26 detainees to Yemen, a growing the Extensions of Remarks.) mandate to investigate Israel and only haven for al Qaeda in the Persian Gulf. The SPEAKER pro tempore. Under a Israel. The mission released the so- It is my understanding that the admin- previous order of the House, the gen- called ‘‘Goldstone Report’’ that falsely istration is also preparing to release tleman from Texas (Mr. POE) is recog- accused Israel of deliberately attack- several other detainees to another nized for 5 minutes. ing civilians, implicitly denied to (Mr. POE of Texas addressed the country that anyone with a basic un- Israel the right of self-defense, and rec- House. His remarks will appear here- derstanding of world affairs would ommended that the case be referred to after in the Extensions of Remarks.) agree is unacceptable. Unfortunately, the International Criminal Court. De- this information, again, has been clas- f spite the heralded U.S. membership sified. U.N.’S MULTIPLE ANTI-ISRAEL and engagement in the Human Rights As the President acknowledged, RESOLUTIONS Council, that rogues’ gallery adopted the report’s recommendations and con- Yemen is one of the most unstable The SPEAKER pro tempore. Under a demned Israel. But lest we forget, in countries in the world today, and a previous order of the House, the gentle- the last year alone, the Human Rights country where al Qaeda has reconsti- woman from Florida (Ms. ROS- Council has adopted seven anti-Israel tuted its operations over the last year. LEHTINEN) is recognized for 5 minutes. The director of the National Counter- Ms. ROS-LEHTINEN. Sixty-two resolutions and perpetuated a gross terrorism Center, Michael Leiter, stat- years ago, on November 29, 1947, the anti-Semitic assault through the Dur- ed in an October Voice of America United Nations did something it should ban II Conference. interview, ‘‘In Yemen, we have wit- be very proud of. That day, the United b 1530 nessed the reemergence of al Qaeda in Nations General Assembly voted over- So it should not have come as a sur- the Arabian Peninsula and the possi- whelmingly to authorize the creation prise that the Human Rights Council bility that that will become the base of of a Jewish state, paving the way for endorsed the Goldstone Report. operations for al Qaeda.’’ the founding of a democratic State of The General Assembly quickly fol- A number of former Guantanamo Bay Israel 6 months later. But since then, lowed suit. The U.N. High Commis- detainees have returned to Yemen to the paths of the U.N. and Israel have sioner for Human Rights praised the launch terrorist attacks, including one diverged. Goldstone Report. Secretary-General just 2 months ago. On October 13, Saudi Israel’s freedom, democracy, and Ban Ki-moon has promised to transmit police prevented an imminent suicide prosperity are a model for the region the report to the U.N. Security Coun- bomber attack as two al Qaeda terror- and the world. The U.N., however, has cil, where only a U.S. veto stands in ists slipped across the border from abandoned its founding principles, has the way of further anti-Israel action. Yemen. One of these would-be suicide been manipulated and coerced by dicta- And the ICC prosecutor has announced bombers, Yousef Mohammed al-Shihri, torship after dictatorship, and has been that he is considering launching an in- was a former Guantanamo detainee re- plagued by corruption and mismanage- vestigation into Israel’s conduct, even leased in 2007 to Saudi Arabia. He ment. Nowhere has the self-destruc- though Israel is not an ICC member quickly left Saudi Arabia for Yemen, tive, misguided path of the U.N. been state and has a robust, independent ju- where he rejoined al Qaeda. more evident than in its bias towards diciary that is presently dealing with a In September 2008, another former Israel. number of cases raised. Guantanamo Bay detainee, Said Ali al- This week, instead of commemo- These efforts to deny Israel its right Shihri, helped orchestrate the terrorist rating Israel’s creation and celebrating of self-defense can—and will—be used attack on the U.S. Embassy in Sana’a, its many achievements, the U.N. re- to deny that same right to other free Yemen, killing 10 guards and civilians. peated its annual ritual of mourning democracies, including the United Since that time, al Qaeda’s posture in Israel’s existence by adopting six anti- States. Why do I say this? Well, the Yemen has grown stronger with the Israel resolutions. As usual, it did so ICC prosecutor has already declared merger of the Saudi and Yemeni arms under the guise of its ‘‘International that he has jurisdiction over Afghani- of al Qaeda into one group—al Qaeda in Day of Solidarity with the Palestinian stan and is performing a preliminary the Arabian Peninsula—with Yemen as People,’’ celebrated the same day as investigation into U.S. and NATO oper- its base for training and operation. that historic 1947 General Assembly ations in that country, which could Yemen is also now home to the radical vote to create a Jewish state. But lead to politically motivated prosecu- cleric Anwar al-Aulaqi, who influenced where is the U.N.’s ‘‘International Day tions of American soldiers. Fort Hood gunman Major Nidal M. of Solidarity’’ with the people of Israel, These are the stakes of the U.N.’s Hasan and who U.S. intelligence be- who continue to be threatened by anti-Israel agenda. The ‘‘new era of en- lieves to be a critical link to al Qaeda’s Hamas, Hezbollah, and other such mili- gagement’’ and increased U.S. funding efforts to radicalize Americans and Eu- tant groups; and by their state spon- to the U.N. has not made a positive dif- ropeans. sors, Iran and Syria, who continue to ference at all. I repeatedly urged the President to pursue nuclear weapons and the mis- Mr. Speaker, it is time for the U.S. to halt the release of detainees to dan- siles to deliver them? In the face of use our strongest leverage, the billions gerously unstable countries. It is continued anti-Israel bias at the U.N., of taxpayer dollars that we contribute counterintuitive, and dangerous, to re- what has the United States done to to the U.N. every year. It is time to cut turn terrorist detainees to countries he stand up for our ally and fellow democ- off funding to the U.N. until it pro- acknowledges as al Qaeda sanctuaries. racy? duces real, effective reform.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13501 In closing, Mr. Speaker, for our ally can do, what respect for human rights, est 1 percent, we’ve now got to take Israel, for our U.S. service men and women’s rights can do. The Progressive real action for working Americans. women, and for the rights of free de- Caucus is an instrument through which After nearly a decade of a policy that mocracies everywhere, there is no time progressive ideas are shared. encouraged multimillion-dollar CEO to lose. Tonight what we want to talk about, bonuses over raises for American work- Mr. Speaker, is jobs. Absolutely that’s f ers, we’ve got to do something about the topic tonight. Jobs is what we will The SPEAKER pro tempore. Under a the job picture in America. be talking about. I would like to hear previous order of the House, the gentle- The economic policies of the last 10 from anyone who might be listening years put President Obama and this woman from Ohio (Ms. KAPTUR) is rec- later on what their perspective is on Congress in a situation where it may ognized for 5 minutes. the jobs picture and what we can do (Ms. KAPTUR addressed the House. not have been a situation of our mak- about it. ing, but it is a problem that we have Her remarks will appear hereafter in Mr. Speaker, the unemployment rate the Extensions of Remarks.) responsibility to correct. We’re not is 10.2 percent at this time. It could going to say that, Yeah, we got handed f well climb higher by the end of the two wars; yeah, we got handed hun- The SPEAKER pro tempore. Under a year. The fact is we have a jobs crisis, dreds of billions of dollars of debt, a previous order of the House, the gen- we have a jobs emergency, and we must crumbling infrastructure, a home tleman from North Carolina (Mr. do something about it now. mortgage foreclosure crisis—one out of JONES) is recognized for 5 minutes. It’s important to point out that as eight mortgages is in default—a global (Mr. JONES addressed the House. His much as people who are unemployed climate crisis, and a financial sector remarks will appear hereafter in the need jobs, and they do, other people ravaged by greed and lax regulation. Extensions of Remarks.) who are employed also need the unem- We’re not going to rely on any ex- ployed to get jobs. It’s important to f cuse. We’re going to get after the prob- bear in mind that when people are not The SPEAKER pro tempore. Under a lem, and we’re going to do it now. In working, their income goes down, their short, the greatest economic and finan- previous order of the House, the gen- purchases at the store go down, their tleman from Indiana (Mr. BURTON) is cial crisis since the Great Depression is ability to consume and buy things that visiting the American economy right recognized for 5 minutes. they need goes down, and if the store (Mr. BURTON of Indiana addressed now and people are feeling it, and it’s isn’t selling, then the store can’t put time to do something about it. the House. His remarks will appear on more workers; they may even have hereafter in the Extensions of Re- This is why we are proposing, and I to lay some off. am proposing, and I am encouraging marks.) So this unemployment problem actu- other people to support a jobs bill that ally puts downward pressure on de- f would do a few things: American jobs. mand which puts other businesses who The SPEAKER pro tempore. Under a Invest in transportation and schools. do have employees on the payroll in a previous order of the House, the gen- Schools all over America are crum- position where they have to reconsider tleman from Kansas (Mr. MORAN) is bling. Schools all over America have that. recognized for 5 minutes. old pipes. Schools all over America are (Mr. MORAN of Kansas addressed the Not only is the lack of a paycheck detrimental to the family that is not drafty and need windows replaced and House. His remarks will appear here- the paint is peeling in many of them, after in the Extensions of Remarks.) employed, but it also creates genera- tional problems and it creates prob- not all of them but many of them. And f lems for the person who’s unemployed, any school teacher, any principal or THE PROGRESSIVE MESSAGE because when the economy turns any school kid can tell you that. around and they can get back in a posi- We need people to do the work. We The SPEAKER pro tempore. Under have people who are willing to do the the Speaker’s announced policy of Jan- tion where they can maybe find that job, the employer is going to ask, Hey, work, and we have things that need to uary 6, 2009, the gentleman from Min- what was going on with you over the be worked on. What we have to do is nesota (Mr. ELLISON) is recognized for last 3 years? Or 2 years? Or 6 months? bring the two together: invest in trans- 60 minutes as the designee of the ma- And that hole in the resume has real portation, including transit, urban jority leader. consequences for that worker which transportation, light rail, and schools. Mr. ELLISON. Mr. Speaker, my name may extend over the course of that per- This is an urgent problem, it needs fix- is Congressman KEITH ELLISON, and I son’s lifetime. ing, and people need work. Let’s pay am here to claim the time on behalf of Obviously, when unemployment is them to do it. the Progressive Message which comes chronic and people are out of work for State and local government relief. to the American people every Thursday long stretches of time, their children All over this country, States and cities night to discuss critical issues and a sometimes are impacted by this and and localities are having to cut back progressive perspective on these same have to not only go with lower family on services that they provide to their issues. The Progressive Message is put income, which is obviously harmful to citizens. Governor Arnold on and organized by Progressive Cau- their development, but still are in a po- Schwarzenegger has taken the public cus members who happen to represent sition where they have seen a parent go circle and said without the stimulus one of the largest caucuses in the Con- jobless for quite a long time which dis- package, a hundred thousand teachers gress. advantages them in terms of their abil- in California would be out of work. So The purpose of this message is to ity to know how to access the job mar- that was an example of a good thing. focus on critical issues from a progres- ket and their hope, prospect and opti- But it’s not nearly enough. sive perspective. That means a perspec- mism as it relates to getting work. So We need more to be done, because in tive that all Americans are welcome unemployment is a problem, we’ve got this era and in this time, we see local and included; that we need civil rights, to do something about it, and it is time governments having to lay off police human rights; we need economic jus- to act. officers, firefighters, public works peo- tice for working people and working Though the Democratic Caucus and ple, teachers. We can’t allow this to families; we need to address poverty; Congress did not create the situation, happen. State governments and local and we need to address peace in the and it certainly wasn’t created over- governments around the country are world; the idea that America, a coun- night, it does need to be fixed very facing serious deficits and the Federal try blessed, could help bestow blessings soon. Ten months of the new leadership Government should step in to help. on other people in the world through of the White House cannot eclipse that We also need to strengthen safety example and not through imposition; of nearly 10 years of George Bush and nets. During times of economic down- the idea that the United States, a the Republican Congress who bank- turn, there’s greater pressure on our country blessed, can help demonstrate rupted the public trust. food shelves, greater pressure on our through an example what human rights After nearly a decade of handing over clothing shelves; and we need to under- can do, what respect for the rule of law middle-class tax dollars to the wealthi- stand that when unemployment runs

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13502 CONGRESSIONAL RECORD — HOUSE December 3, 2009 out, a lot of families are just left with- b 1545 this many jobs for Head Start, this out. What are we going to do about it? There’s broad support and work mov- many jobs for that. It would be Con- We need to extend unemployment ben- ing to respond to the need for Amer- gress sending funds to State and local efits, food stamps and programs like ican jobs. I want to commend the Cam- governments that then those local gov- that; and I just want to let folks know paign for America’s Future, the AFL– ernments could use to determine what that this is economically, from an eco- CIO, SEIU, and other labor organiza- is needed. And, of course, there are a nomic standpoint, it’s not just good tions and groups that come together to lot of things that are needed. work, it’s not just charitable, it’s not help people, but also many employers Some of the projects that are needed just the right thing to do. and many small businesses who are out are paint and repair of schools, as I It also is very, very important to there concerned about employment. mentioned before. Peeling paint, com- stimulate the economy. Because when This era that we’re in, which I be- munity centers and libraries. You you give somebody food stamps, they lieve can fairly be called the ‘‘great re- would be surprised what you might find take that and they go right to the cession,’’ has wreaked havoc on Amer- if you went to a local library. You store and they purchase groceries for ican communities, as I just mentioned. might find some local libraries are not their family. What does that do for the And I just want to point out we face a in good repair. That’s because they grocery store that is receiving that period of extended unemployment if we were built years and years ago and are coupon that can redeem that for don’t act now. in need of an upgrade. money? It’s helping that grocery store. Now, some people think, okay, the We need to clean up abandoned and What is that doing for that grocer who economy goes up and the economy goes vacant properties to alleviate the is thinking about whether he or she has down. But the fact is that the economy blight that’s been caused by the fore- to lay off a few workers because people is a social institution, and unless peo- closure crisis. As everyone knows, we just aren’t coming in and buying like ple in society do something about it, went through a major foreclosure cri- they used to because the economy is the business cycle won’t necessarily go sis, and it’s not over. But what’s the re- down? Well, it helps them keep those up and include more jobs. We’ve got to ality of this situation? The reality is people on the job. And if we do well do that. That’s something that we need you have abandoned houses which peo- enough, it might even actually help to work on. So we need to help small ple could live in if these places were them add some people on the job. businesses get greater lending. We need maintained and upgraded. But some of What happens if that store has to lay to invest in public jobs. We need to in- them have seen the copper stripped off a few folks and we don’t come vest in public infrastructure. We need out. Some of them have seen the grass through with some of these basics? to make these kinds of investments so grow long. Some of them have seen the What happens is they have to lay off that Americans can get back to work windows knocked out. Unemployed some folks, and now you’ve got more and the economy can get moving again. people could be hired to help maintain Many of you watching television and people on unemployment insurance. If these properties through a jobs pro- watching the nightly business news they can’t find a job within the right gram. This is important all over the may note that, well, Wall Street seems amount of time, then those people are country. Even if you want to make to be kind of moving in the right direc- just without, and they are putting sure that these buildings are secured tion. That’s good for them. But the pressure on the food pantries and the and boarded until somebody can buy fact is the average American worker is food shelves and they’re just really suf- them, these are things that are impor- under tremendous anxiety because fering. These things have a ripple ef- tant. they know that they might be next. Remember, whenever there is a fore- fect. And as one former Republican Presi- closure on a property, two bad things What I am saying is if you can think dent once said, a recession is when happen. One is, somebody is out of of a coupon, a food stamp coupon, as your neighbor’s out of work; a depres- their house, and those people are not not a piece of paper that can get you sion is when you are out of work. And paying property taxes like they used to some food, think of it as a rock that for 10.2 percent of American workers, in the past. But not only is the city not you throw into a pond. I’m saying that this is a depression, and we need to get just getting property tax income any- that food stamp coupon and that unem- on that and deal with it right away. more, the city now also has to pay out ployment insurance has a ripple effect Let me point out just a few other in order to maintain that property. So that is very strong, and the multiplier things. This has precedent in the they don’t just lose money, they actu- effect of that is good because it gets United States. This is not something ally now have an expense that they right into the economy. It gets right new for our country. We have stepped have to deal with when you have a into the economy to help people make forward in the past. In fact, I was in foreclosure. That’s why we need people their basic needs and also helps fuel my beautiful State of Minnesota after I to get employed to maintain these the retail sector and then all the way enjoyed the great victory over the Chi- properties, and this is something that back to the wholesale sector. cago Bears by the Minnesota Vikings. local communities might have to do This is basically just a few things And I went for a walk, and I saw that with this money. that we could do right now to alleviate there was a picnic table that had writ- We need to expand emergency food real pain people are suffering all over ten on it ‘‘WPA 1934.’’ Americans in the programs and reduce hunger and pro- this country. We’ve got to act, we’ve past have stepped forward and dealt mote family stability. Did you know, got to do something about it; and we with American crises. In the 1930s and Mr. Speaker, that one in five children cannot say that things that were done again in the 1970s we responded to ex- in America are in poverty? In America in the past, although a lot of bad deci- traordinary hardship by adding jobs, one in five children in poverty. Chil- sions, economic decisions, were made jobs, to the array of programs and serv- dren of all colors, children of all cul- over the last 8 years, and the Obama ices designed to help our people and to tures, children of all faiths. This is administration and this Congress are help the economy move out of reces- something our country has to respond trying to fix it. We can’t rely on that. sion. to. And for so many of these children We’ve got to do something about it The program that we envision today in poverty today in this massive reces- now. The American people deserve an- would provide work to the jobless and sion we’re in, these are children who swers, especially the people who have meet the needs in our communities by may not have parents who are in a been chronically unemployed. helping people meet their everyday union, which would probably guarantee Today the White House is hosting, or needs and boost demand, which would them a higher wage, and that’s why I has hosted already, an economic sum- help speed economic recovery. A new support unions, or our public employ- mit to discuss how to move the econ- jobs program would be run by local ees like teachers and police officers. omy forward. This is good news. It’s elected officials who are closest to Many of these folks are just the hard- the President taking responsibility for communities and best understand their working folks out there who keep the dealing with the needs of Americans. I needs. Local communities best under- playground safe and clean, who keep admire that tremendously. The fact is stand the needs of the local commu- the city in good repair. Folks who we do need more public jobs. nity. So it wouldn’t be Congress saying work at the Head Start and people who

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13503 do child care and people who do these about it. And we can do something litical leaders like Franklin Delano tough jobs every single day. Some of about it. We still have over $200 billion Roosevelt said, You know what, there’s these folks, they may not have a big of TARP money and stimulus dollars, no reason why rural America should be degree or a big certificate, but they and these need, I think, to be directed in the dark. Rural electrification, an need to earn good money. They need to to employment programs similar to idea conceived when the United States have a good job. And maybe that job is what we did in the 1930s and in the was in a depression. Now, some people the one thing that could keep and lift 1970s when Americans were out of who think that bold action could only that family out of poverty so that one work. be taken when things are good eco- of those children who is among the one I want to say that, yes, it’s true that nomically, they have to contend with in five in poverty won’t have to be in one in five, or about 20 percent, of all the fact that bold action was taken poverty for too long. young people in America are living in when we had a depression in the 1930s, We could augment staffing at Head poverty, but one in three African bold action like rural electrification. Start, child care, early childhood edu- American young people are living in And what rural electrification did was cation programs, senior centers, and poverty. A serious issue. Their parents it brightened up rural communities all promote school readiness and early lit- need work, and we’ve got to do some- over the United States. We put up the eracy. We could renovate and enhance thing about it. If we act quickly, a jobs telephone lines all across this country maintenance of parks, playgrounds and program like this could put hundreds so that you could flick on a light in other public spaces, as I just said. The of thousands of people of various skill rural America. program we envision could place spe- levels to work during the next year, What it did was it absolutely im- cial emphasis on delivering job oppor- 2010, and will continue to provide job proved the economic viability of rural tunities and needed services to low-in- opportunities for several years as our America. People no longer had to move come communities and communities of economy recovers. People paying into the crowded city when they could color suffering depression-level unem- taxes, which can help lower the deficit. do their business in the electrified ployment and distress. People who are paying child support or rural areas. This is important to bear Everybody in this economy is hurt- are just paying the monthly expenses in mind. It’s critical to bear in mind ing. Well, not everybody. Some of these of their family. This is all very impor- that critical jobs in infrastructure Wall Streeters are getting big bonuses. tant. The time to act is now. I propose, have been built in America even during They’re not hurting. But the rest of us and I think we should all support, a times of economic downturn. Very im- are really fighting out here, and it’s program that could create 1 million portant. not easy. Small business owners, a lot American jobs in very short order if we Community infrastructure programs of folks are getting hurt. But as nearly put about $40 billion into it. creating over a million jobs, a million everybody is feeling the pain in this The time to act is now, to make that jobs at the community and neighbor- economy, it’s important for us to re- investment. We need to make this in- hood level, is what we need now. We member that there are some folks who vestment if we want to lower the def- need these kinds of programs so we can are feeling it even more painfully than icit. We need to make this investment create immediate opportunity, so we the average. I want to point out that if we want to increase demand. We need could create infrastructure. unemployment among African Ameri- to make this investment if we want to I just want to tell you I’m from the cans in August was not the 15.2 percent keep people from being chronically un- city of Minneapolis, and from my great that I mentioned for the general econ- employed. city of Minneapolis, we had on August omy, but it was 15.7 percent. That’s se- Let me now turn to another impor- 4, 2007, a bridge collapse into the Mis- rious. A very serious problem. Unem- tant part of what I believe any job re- sissippi River. Thirteen Minneapolitans ployment for people who are of His- covery program must include, and that died and a hundred had injuries like panic background is 13.1 percent. If is the need for critical infrastructure spinal cord injuries as they fell 65 feet you’re talking about young people, Af- development. I have been talking about from the bridge to the water. Now, at rican American and Latino young peo- lower-wage workers so far. Now I want the end of the day, this crisis and this ple who are between the ages of 16 and to talk a little bit about infrastructure tragedy occurred because we did not 30, we’re talking about unemployment development. Do you know that if you maintain that infrastructure well upwards of 35 percent. look across America, you look across enough. Now, I’m not saying it’s any- So we’ve got to do something in the roads and you look across the body’s fault. I’m sure everybody did these chronically marginalized commu- bridges, you look across transit and the best they could. But the fact is if nities where people are just left out you look across some of these aging we would have had a stronger infra- there and are often a second thought sewer lines and even fiber optic, and if structure commitment that would when we form public policy to address you look at the needs of rural commu- make bridges around this country a serious issues. We’ve got to deal with nities across America who need to get priority to repair and to fix and to re- this. And that’s why we need a pro- wired in on broadband, we’re looking at build, this tragedy may not have hap- gram, yes, to build up infrastructure. well over about $3 trillion of infra- pened. But it did happen. Let’s get those union guys back out structure needs in our country. there on the field making our roads, And the beautiful thing about spend- b 1600 making our infrastructure, building ing this kind of money to invest in But it did happen, and so we put out those things up. And absolutely let’s American infrastructure is that it a clarion call for infrastructure devel- get those public employees back in. stays here. These are not jobs that are opment in our country. And I say, we Let’s not let the teachers and the cops going abroad. These are going to be need to do this anyway. We need to de- get laid off. But let’s not forget about American jobs because you can’t lay velop infrastructure so we can avoid that young teenager of color who is out fiber-optic cable in America in some horrible tragedies like the one that there without any prospect. We don’t other country. It’s going to be here. happened in my city. But more impor- want young people turning in the That person’s going to be paid here. tantly, or as importantly, we need to wrong direction; we want them staying That person’s going to be employed do it now to put Americans back to in the right direction. here. And that money is going to go work. While I mentioned statistics for Afri- into the United States and be funneled During the first 6 to 9 months, if we can American and Hispanic young peo- back to Americans. This is important can pass a good, solid community in- ple, don’t think for a minute that to understand—that infrastructure in- frastructure program, the program young white people in rural commu- vestment is critical to lifting our econ- could develop a fast track for jobs. nities and even in urban communities omy out of this very difficult economic Projects could be limited to certain ac- are not having elevated unemployment situation, and we have to do it anyway. tivities such as key priorities. And rates as well. The youth are being un- I’m very excited about this idea of in- within a short amount of time, we employed at higher rates than other vesting in infrastructure in broadband could see these infrastructure develop- people regardless of background, and in rural communities. You know that ments paying great dividends for we’ve got to step up and do something it was in the 1930s when visionary po- Americans.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13504 CONGRESSIONAL RECORD — HOUSE December 3, 2009 You know, I want to talk to you this jobs crisis. And let me tell you a sive report last month, which I will get about some of the things that we have little more about how the Recovery to in a moment. been seeing in our economy that really Act has fared so far, because there has Now, I would like to talk a little bit do cause a tremendous amount of been a lot of disinformation about the now and just move on about this unem- pause, and I think it is something that Recovery Act. A lot of people have said ployment figure. I brought a graph we need to really, really pay some that the President said it was going to with me that I would like to share with close attention to. These are trends in stop unemployment at 8 percent, and it you, Mr. Speaker, and just show folks our economy that I just feel that we went up by 2 more percent. Leading what we are looking at. need to pay some greater attention to, economists say it would be 12 percent if It is important that we talk about and this is not in a way of just describ- the Recovery Act were not put in creating these jobs, as I just men- ing what we should do, but it is kind of place. So let me just talk a little bit tioned, the economic recovery and jobs talking about what we have done. more about what this economic recov- that we are creating or working on. In the course of the last few weeks, ery has done, economic stimulus has What this chart shows is that part of we have seen people be highly critical done so far, and make a case for what our strategy for job creation must be of the stimulus package. I think we more needs to be done. infrastructure, as I mentioned, and need to take a look back at what the A recent report from the Council of must also be creating public sector, stimulus package did. Some people, be- Economic Advisers shows that the Re- public works jobs, which is important. cause it has not stopped the increase in covery Act and other policy actions But a third aspect is clean energy and unemployment, say that it didn’t have saved or created over a million green jobs. This is the visionary, for- work. I say this is an incorrect anal- jobs while only about a quarter of the ward-looking kind of job proposal that ysis. I believe the Recovery Act has ac- Recovery Act spending has been able to we need to pay attention to. tually helped a lot of people stay em- get into the economy. But many Investing $150 billion in clean energy ployed and actually stopped this eco- projects are in the pipeline and are on will create a net gain of 1 million jobs nomic crisis from getting worse and their way. The report, this report by and improve opportunities for low-in- slowed the rate of unemployment. But the Council of Economic Advisers, esti- come families. These are jobs for the we need to do more. But let’s just say mates that the Recovery Act has had future. These are jobs for the next pe- what the Recovery Act did do. particularly strong effects in manufac- riod. These are jobs for now and into The Recovery Act created over a mil- turing, construction, retail trade, and the future. Clean energy jobs. Clean en- lion jobs. That’s what it did do. It cre- temporary employment services. The ergy jobs created, 2,500 to 10,000 jobs ated over 250,000 education jobs. As I employment effects are distributed across America, places in rural areas. said, it was Governor Arnold across States with larger effects in And 10,000 to 50,000 jobs in these more Schwarzenegger who said that but for States more severely impacted. So darkly shaded areas where people live, the stimulus, over 100,000 teachers States like Michigan, Ohio, even my sparser population but people need to would be out of work. Thirty thousand work, and more than 50,000 jobs in the jobs were created or saved by busi- own State of Minnesota, but others as well, are getting this important eco- darkly shaded areas. As you can see, nesses that have received Federal con- these are our industrial manufacturing tracts from just a small fraction of the nomic recovery money so that we can turn our economy around. sectors, places like Indiana, Michigan, Recovery Act. That is very important. and places like Illinois and Ohio, Penn- Let me say that half a million home- According to Jared Bernstein, who is sylvania, New York, Georgia, South owners have signed up for foreclosure the chief economist, Office of the Vice Carolina, places like Florida, Texas, prevention programs, reaching an im- President, ‘‘All signs—from the private and California. This is a very impor- portant early goal. And the program estimates to this fragmentary data— tant chart because a part of our con- that was launched last March aimed to point to the conclusion that the Recov- help these half a million borrowers by ery Act did indeed create or save about versation must revolve around what November 1, with the ultimate goal of 1 million jobs in its first 7 months, a our job strategy is and what we expect helping 4 million borrowers before it much needed lift in a very difficult pe- to do in this period to create jobs for expires. riod for our economy,’’ which is some- Americans. Here is a number for you. The Dow thing that I think we must pay atten- You know, the thing is that jobs, Jones industrial average surged to over tion to and cannot ignore. having a job is one of the most impor- 10,000, passing the 10,000 point level I just want to talk a little more tant things that any person can do. A much faster than expected and racking about the success of the Recovery Act, job is not just income, but a job also up a 53 percent gain in the last 7 not that it has completely succeeded. gives you pride and dignity. A job also months. That is an improvement in the We would like to see unemployment is something that allows you to feel economy that has helped some but has headed down, not just the rate of un- that you are making a contribution to not helped enough. But it just shows employment slow down. But just to society. A job. A job is something that that if we do invest in our economy, it make sure that we understand that you can go to and you can come home does help. It improves the lives of peo- providing economic fiscal stimulus and look your kids in the eye and say, ple. It is not money that we shouldn’t does help our economy, it is important you know what, I put in, I am produc- have spent. Things would be much to review the facts. tive. This is what I have done to help worse if we didn’t spend that stimulus The Recovery Accountability and you and to help our society be better. money and make those important pub- Transparency Board—and as you know, It is important to do something lic sector investments. we didn’t just spend money out, we got about the millions of unemployed The number of road and bridge a transparency board to look at it all— today, the people who are in the ranks projects already approved under the released its first report on the portion of that 10.2 percent of unemployed, the Recovery Act, which creates jobs, is of the Recovery Act spending that people who are among the ranks of the 8,000. The number of roads and bridges shows that recipients have reported 34 percent of minority teenagers and projects, 8,000 roads and bridges that so far, the act is helping to get young adults who are unemployed. projects already underway because of Americans back to work. As I said, Those children, 1 in 5 children in Amer- the stimulus. And the percentage of Mark Zandi of Moody’s Economics said ica in poverty, 1 in 3 African American spending that is now obligated under 2 percent, we would have 2 percent children in poverty in America today, the Recovery Act, this money in the greater unemployment but for the Re- below the poverty line, we can do pipeline ready to be spent is about half, covery Act which is so important. something about it, and the time to do and this 50 percent mark exceeds the According to this report issued by something about it is now. We cannot Congressional Budget Office’s initial the Recovery Accountability and sit idly by while our fellow Americans projection for the program, showing Transparency Board, the act shows are in an economic malaise. We have to that investment is going out quickly to that businesses that received Federal have ideas that are designed to work, help boost the economy right away. contracts from stimulus spending re- and we have to remember what has But still we have a job crisis, and ported creating or saving about 30,000 worked in the past, and we can’t be still we have to do something about jobs. The board released a more exten- afraid to reach for what can work now.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13505 The fact is that we are asking Ameri- where unemployment would be at this Now that was February 25. Now, cans, Mr. Speaker, to step forward and point. These were their numbers. This again, here is where they said we would support a real jobs package, one that is what they promised the American be without the stimulus. Here is where will work, one that is new and innova- people. This is what they said. they said we would be with the stim- tive for green jobs, one that preserves Now, let’s look at what really hap- ulus. Here’s where we are. Here’s where and improves our infrastructure, and pened, however. Unemployment started we are. And my colleague who spoke one that puts people to work and one out here in January of this year, 2009, earlier about the horrible problem of that keeps State and local govern- whoa, up it goes. How high, nobody unemployment—and it is—my home ments from having to lay off public knows, but it goes on up and up and up State of Oregon has suffered mightily. employees. These programs will work. over 10 percent, over 10 percent. Now But this stimulus hasn’t produced jobs We need to do something for small who is benefiting from that? Well, let’s, out there. It may have produced them businesses who are often the biggest first of all, look at The Washington to contractors back here, but not out job generators of all, and we need to do Post today. And right here on The there. it now. Washington Post newspaper here in the So where are the jobs? And where is Mr. Speaker, I just want to say that Nation’s Capital the top story is: the money going? We were promised, this has been another hour of the Pro- ‘‘Stimulus is Boon for D.C. Area Con- the American taxpayers, when we bor- gressive message, another hour of the tractors.’’ Federal Departments are rowed all this money from China, we Progressive Caucus. Our email is paying firms to help spend the money. were promised that we would know, by cpc.grijalva.house.gov. We want to And let me read Alec MacGillis’ story golly, this is going to be accounted for. hear from the public, Mr. Speaker. We here. It says: ‘‘As struggling commu- Everybody is going to know. Every- want to know what is on the public’s nities throughout the country wait for body is going to know. In fact, in a mind, and we want to know how people more help from the $787 billion stim- speech on the stimulus at the Brook- are feeling. And we just want to remind ulus package, one region is already ings Institution on September 3 of this people of the importance of the dignity basking in its largess: the government- year, the Vice President, JOE BIDEN, of work and the obligation and respon- contractor nexus that is metropolitan said: ‘‘Everybody has to account for sibility of Americans who are in Con- Washington, D.C.’’ That’s right. Come the money they got beginning October gress to do something about this dis- on down. You are the winner, Wash- 1. It’s going to go up on a big old Web mal job picture out there. I want to let ington, D.C. Once again, the Federal site. We’ve got a new modern Web site the people know, Mr. Speaker, that we Government is the winner. that is going to blow you away in hear them. I want them to know that ‘‘Reports from stimulus recipients terms of how detailed it is. ‘‘ we haven’t forgotten them, and I want show that a sizable sum has gone to So, here is the Vice President. He to let them know that we are here to Federal contractors in the Washington says, first of all, we’ve got to make do something about the very difficult area who are helping implement the sure this is done by the numbers, man. circumstances that people are facing. initiative—in effect, they are being We’ve got to make sure people know So this will conclude the Progressive paid a hefty slice of the money to help where the money is going. It can’t be hour and the Progressive message. We spend the rest of it.’’ squandered. We have an opportunity to will see you next week. Happy holi- Now, if you want jobs for Wash- get the Nation back to work and on its days, and enjoy. ington, D.C.-based government con- feet, and the first piece of that is gen- tractors, I don’t see how that is sus- erating some economic growth here, f tainable, helpful or even what was and we have to do it right. And then he b 1615 promised. And for heaven’s sakes, we said, we’re going to track it all. We can see the red line here is not getting WHERE ARE THE JOBS? have a new modern Web site that is lower; it’s getting higher. In fact, as I going to blow you away. Everybody has The SPEAKER pro tempore. Under look at this, we would have been better to account for the money. They have the Speaker’s announced policy of Jan- off under the President’s proposal, the got to get that, beginning October 1, uary 6, 2009, the gentleman from Or- Democrats’ plan on the stimulus to going to go up on a big old Web site. egon (Mr. WALDEN) is recognized for 60 have had no stimulus at all if you look We’ve got a new modern Web site minutes as the designee of the minor- at what they predicted versus what re- that’s going to blow you away in terms ity leader. ality is. of how detailed it is. Mr. WALDEN. Mr. Speaker, Repub- But here is the best part. If you want Well, now, here is a guy who knows licans come to you today to talk about to talk about helping rural areas, one what happens with Federal money. You some of the same things that my col- of these people that has been involved all know Lesko. You’ve seen him on league who just finished was talking in the government here tells The Post TV. He says, free government money. about, but we are going to try and the reason all this money is being Buy my CD. Buy my book. Get the free liven it up a little bit. Because, you spent back here in the Washington, government money. You would think see, the Democrats have controlled the D.C. area is, she says, I’m not sure I that even Lesko could track where the Congress for the last 3 years, not the ever heard of a government support money goes. last 10 months or 11 months, but the contractor in Michigan. So, let’s look at what happened to last 3 years. But in the last 11 months, Well, maybe that is part of the prob- some of the money, because I think Americans have lost 2.9 million jobs. lem. Maybe if we had some of this actu- Americans are asking, where’s all this You see, they passed this so-called ally flowing out to people who need the money going, $787 billion? Where did stimulus, and they rammed it through help and not into more government, the money go? in record time. It is one of those thou- things would be better. Let’s see, in Louisiana, the New Orle- sand-page bills that probably nobody So where is the money going? And ans Times Picayune newspaper says had a chance to read before it got voted where are the jobs? Now, we know that Louisiana has seven congressional dis- on, and then they passed it. The theory on February 25 in an interview with tricts. So Louisianans visiting recov- was that if they passed it into law, that ABC’s ‘‘Good Morning America’’ ’s ery.gov, that’s the Web site that the unemployment wouldn’t top out over 8 Robin Roberts, our Vice President of Vice President said will blow you away percent. That was their promise. the United States, JOE BIDEN, said: with its detail, might find themselves That’s what the Democrats promised, ‘‘We’ve got to make sure this is done not just a little skeptical, but truly was pass the stimulus and it will solve by the numbers, man. We’ve got to puzzled to see that nearly $5 billion unemployment. It will be no more than make sure people know where the was listed as headed to Louisiana’s 8 percent. In fact, that’s what their De- money is going. This cannot be squan- Eighth Congressional District, $2.8 mil- partment of Labor, the Obama Depart- dered. We have an opportunity to get lion to the 22nd District, $1.8 million to ment of Labor, said right here, you can the Nation back to work and back on the 12th Congressional District, and see it, Obama forecast with stimulus, its feet, and the first piece of that is lesser amounts to the 26th, the 45th, right here is where unemployment generating some economic growth the 14th, the 32nd and even the double would be. This is without the stimulus here, and we have to do it right.’’ 0 district.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13506 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Now let me go back. The 26th dis- going to take over your health care So you see, Republicans stand up trict? The 45th district, the 14th, the and take over energy production, and here, and we hear our colleagues on the 32nd, the double aught. There are only they can’t even manage a guest list for other side of the aisle saying we need a seven, count them, seven congressional a dinner party at the White House? new jobs summit. We need an economic districts in Louisiana. And yet the Web This is what we are getting, folks, with stimulus. We need Economic Stimulus site that the Vice President touted as too much government. II because we got to help people get really going to blow us away, it lists We know what the problem is, ac- back to work. And Lord knows we do. all these grants, all your money going cording to Pound, and we are trying to But that is what they said the last to districts that don’t even exist. fix it. Asked why recipients would time. And they’ve been in charge for 3 So the Times Picayune asked Ed pluck random numbers like 26, 45, or 14 years around these Halls, and we’ve Pound, who is the director of commu- to fill in for their congressional dis- never had greater debt, more govern- nications for recovery.gov, this is the trict, the communications director re- ment takeover and more to come, and fancy Web site that JOE BIDEN said is plied: ‘‘Who knows, man? Who really record unemployment. just going to blow us all away, and, knows?’’ That was his answer. ‘‘There We are looking at a 10.2 percent un- boy, it has, they asked Ed, okay, you’re are 130,000 reports out there,’’ he said. employment. It has not gone down the communications director for this Okay. So we have an issue with report- since they enacted their proposal. It fancy new Web site that’s going to de- ing. has gone up, up, up, up, up, up. And tail everything. How does all this Now let’s go back to our friend Americans are paying the price. And work? This is the great accountability Lesko, because everybody knows him. our kids and grandkids are going to model of the transparency of the Anybody that watches TV will see pay the price on debt. Democrats. He says, Oh, we rely on Lesko show up. And he says, where is Now, how about that Alabama hous- self-reporting by recipients for the the government money? There’s lots of ing authority claimed a $540,071 grant stimulus money. free government money. Get my CD, would create 7,280 jobs? That’s what So Pound said the information from buy it, and you can get government they reported, 7,280 jobs. It created 14 federalreporting.gov is then simply money. Well, Talladega County, Ala- at best. Fourteen at best. transferred to recovery.gov, and no bama, now here they reported that b 1630 one, get this, no one checks to verify they saved or created, this is frugal its accuracy or to take note of the fact now, 5,000 jobs from only $42,000 in Now, you go back to these congres- that Utah—here is another example— stimulus money. Now, I was a jour- sional districts that have been identi- really doesn’t have seven congressional nalism major, not a math major, but fied here that don’t exist. You remem- districts. Utah has three congressional 5,000 jobs from $42,000, that’s $8.40 a job. ber back to the New Deal when Presi- districts. South Dakota, well, they had This is a record. No, but wait. It gets dent Roosevelt wanted to increase the a 10th Congressional District in South better. The Belmont Metropolitan Supreme Court from 7 to 9 members so Dakota, but you see, folks, South Da- Housing Authority in Ohio reported that he could get a majority. Well, it kota only has one, count them, one— 16,120 jobs saved or created from $1.3 appears this administration takes it you don’t even have to take your shoes million in stimulus funds from HUD. one step further, forgetting to add the off—one congressional district. Lou- That’s $80.46 per job. two more justices. Let’s just add, I’m isiana doesn’t have 15 congressional But the winner, the Lesko winner for not kidding—let’s just add 25 districts, districts. It has seven. So even Lesko efficiency in creation of jobs, goes to maybe make it 50 new congressional here could know. Shelton State Community College in districts, because that’s what you We will get back to Lesko here on Alabama: 14,500 jobs saved or created would think happened here when this is some examples of some of that ‘‘free with $27,000 from the GAO. That is $1.86 your reporting. Far from accountable. money’’ that went out. per job. Now that’s a bargain. And this is big stuff. We make a little In my home State of Oregon, we have Alkan Builders of Alaska reported light of this today perhaps, but this is actually five, count them on one hand 3,000 jobs created or saved from 11 mil- big stuff because this is debt. This isn’t here, five congressional districts. That lion, $3,666 a job. You can see why these like you have money in your checking is one, two, three, four, five. And yet aren’t real jobs that are being created. account to spend. This is like you went on this fancy new Web site that is sup- It’s not even being reported accurately. to the bank and borrowed this money posed to track all this, news media or- And yet we are saddling our kids with and shoved it out the door in record ganizations looked and said, wait a this enormous debt. time, and you don’t even know where it minute, there isn’t a double 0 district So, let’s look at a few other exam- went. in Oregon or a 14th or an 8th or a 16th ples. Earl E. Devaney, the top monitor I mean, I suppose Lesko’s going to or a 60th or 21st. And this is trans- of the stimulus in the Obama adminis- come out with a new DVD soon that parency and accountability in a record tration ‘‘acknowledged that he too says, Ask the government for free amount of money that’s being spent? found dubious the 640,000 jobs figure money and I’ll tell you where it went. Now, frankly, being an Oregonian touted by the Obama administration as We found out. It’s gone. Now, I just and having only five districts, I kind of proof the stimulus was working and don’t know, and in the next stimulus like the notion that we are going to that there were too many errors in the bill, are we going to create like whole add congressional districts. Now even reporting of data to accurately offer new States? Maybe that’s what we the people that don’t live there, be- that estimate.’’ Now, he is the one who should do. When we’re done creating cause there aren’t that many, probably actually is the watchdog. And that’s new congressional districts, we can go wonder about it, but that would give us what he told The New York Times. to new States. Why stop at 50? You a little more clout here in the Con- Now, how many Americans does it know, you like Massachusetts, you’ll gress. That would be okay with me. Ex- take to fill an $890 shoe order? Accord- love New Massachusetts. Minnesota? cept you’re talking about taxpayers’ ing to The Wall Street Journal, No- How about South Minnesota or North money here. And it is not creating vember 19, on the recovery.gov site, an Minnesota? Let’s go for it. East Min- jobs. $890 shoe order for the Army Corps of nesota. Six little Mini-Me Al Frankens Now, Pound went on to say: ‘‘We are Engineers created nine new jobs at running around and voting for new job not certifying the accuracy of the in- Moore’s Shoes and Service in Ken- grants to States that don’t exist and formation.’’ So you have the Vice tucky. Really. Head Start in Augusta, congressional districts that don’t exist. President who is telling us, man, this Georgia, they claimed they created 317 And if we created 100,000 new jobs, Web site is going to blow you away. jobs with a $790,000 grant. Now I happen who can find the voters to say we We’ve got to make sure people know to be a supporter of Head Start, but it didn’t? They’ll love us in West St. Paul where the money is going. Everybody is this reporting issue and whether and New Duluth. And don’t worry, we’ll has to be accountable. you’re actually creating sustainable find the voters in South Minnesota to This is accountability? jobs. Actually, the money went to pay say thanks for the jobs. I mean, this is Oh, by the way, these are the folks, hikes for 317 workers. That would be a crazy. I mean, this is just crazy where this is the same government that is bonus of $2,500 per employee. it’s going. I mean, this chart, I think,

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13507 and I see I’ve been joined by my friend But just taking what—we’ll get to Safety Act? I don’t get it. But you get and colleague from Ohio, Mr. the stimulus bill and the President’s down into March now. And so again, LATOURETTE. But this is a report that participation in a minute—but just hundreds of thousands of people are out came out in a newspaper here, The Ex- what our Democratic colleagues have of work. And you would say, surely, aminer, inflated jobs by State. And it been thinking have been the most im- we’re going to talk about a jobs piece shows, you know, a drainage ditch portant issues facing the country, as of legislation in the House of Rep- number one and I don’t know what all this unemployment rate now has resentatives. But when we get into these are. But they show these inflated spiked to 10 percent. On the opening March, the most important thing that job numbers. I would yield to my col- day of this Congress, which was Janu- they could come up with was the Shark league, Mr. LATOURETTE, from Ohio. ary the 6th, you had kind of a modest, Conservation Act. And, again, I like Mr. LATOURETTE. Well I thank my unemployment rate. Out here on Janu- sharks. I don’t like to swim with friend from Oregon for yielding. And, ary 20th you have unemployment is in- sharks, but sharks are nice to watch on in fact, that is a representation, and creasing. But then you get out here to, television. But, again, where are the most people will recognize the United towards the end of January, the begin- jobs, and where’s the legislation? States of America. And each of the ning of February, and again, when And then we get out to where this pushpins represents an area where the Americans by the thousands and tens chart ends at the end of March. I’m administration has reported jobs being of thousands are losing their jobs, the working on a new one that’ll take us to created or saved. And it’s kind of inter- most important thing that the major- where we are today. But you get out esting, saved is a tough thing to ana- ity here in the House could put on the and, again, bad jobs report, tens of lyze. And I’m going to talk about that floor was a resolution supporting the thousands more people have lost their in just a second. But created or saved. goals and ideals of national teen dat- jobs. And the most important thing And each of those pushpins represents ing. that the majority leader could put on either a fictional place that didn’t Mr. WALDEN. Say that again. the floor was supporting pi. exist, as the gentleman’s been talking Mr. LATOURETTE. National teen Mr. WALDEN. Supporting pie? about, or where the jobs that are dating. You know, when people are los- Mr. LATOURETTE. Supporting Pi claimed on recovery.gov, were, in fact, ing their jobs in steel mills and auto Day. not created and/or saved. I just want to manufacturing plants, the House of Mr. WALDEN. Apple pie or cherry? Mr. LATOURETTE. No, it’s not P-I- digress if you let me for just a second Representatives is talking about the E, which as you can tell from my girth, though because, you know, the gentle- importance of teen dating. Now, I’m I enjoy pie. This is pi, the math for- man’s pointed out that, in 2006, the Re- the father of some teenagers, and I mula, 3.14 or whatever it is. And we publican majority had done such a want teen dating to go smoothly. But needed to recognize the importance of bang-up job that it was replaced by a more importantly, I really want the the number 3.14, rather than dealing new Democratic majority, and it be- people that I represent to have jobs so with the people that are out of work in came historic in that we have the first that their teenagers can afford to go to this country. So then, you know, to be woman Speaker in the history of the school and buy things and eat food and fair to the majority, they will say, country, Mrs. PELOSI. things like that. Well, unemployment And so for 3 years they have been ba- well, wait a minute. That’s not all we continued to spike. And now we get in did. We also passed the stimulus bill. sically directing how the legislative the middle of February. The President And the stimulus bill, just south of $800 process in the House of Representatives now has been installed only for a billion, and it was advertised as cre- works or doesn’t work. And we have month, and so we certainly can’t criti- ating 3 million new jobs across coun- been saying on our side of the aisle for cize him at this moment in time. But try. It’s now been in place for about 9, a pretty long time now, when we go again, as unemployment rises, the 10 months, and my constituents, at back, when I go back to Ohio, I assume most important thing that this major- least, are continuing to ask, where are when the gentleman goes back to Or- ity could bring to the floor, and people the jobs? egon, people are saying, where are the have to recognize, bills only come to And I think the gentleman has cor- jobs? Why don’t we have any jobs? You the floor when the majority says they rectly pointed out that not only have gave $700 billion to the banks to lend come to the floor. So what we did on the jobs not materialized, because they money. They’re not lending money. that day was commend Sam Bradford have not gone to job-creating activi- You created and passed an almost $800 for winning the Heisman trophy. And ties; instead, and on top of that, they billion stimulus bill to create jobs, and again, just like teen dating, I’m sure continue to issue press releases taking there aren’t any jobs. And I think that that the Bradford family’s very proud credit for jobs saved or created. I can they rightly ask, what is it that the of Sam, and I think it’s quite an ac- just tell the gentleman, in my district, Congress, this Democratic majority, complishment to win the Heisman tro- and here’s under the heading of ‘‘press has been doing with themselves to help phy. But again, tens of thousands of releases I would never send out,’’ I rep- stimulate the economy and create people are losing jobs. resent the 14th District of Ohio. The jobs? So now we get out towards the end of White House sent out a press release I have a chart here that I like to use, February, people continue to lose their saying that they had spent $100 million and I want to be fair to them because jobs. Every jobs report that comes out, in the 14th District of Ohio of stimulus they do have a rejoinder. But at the be- it’s hundreds of thousands of people are money to create or save jobs. And I ginning of this year you had the Demo- being displaced and out of work. And so guess I’d ask the gentleman, you know, crats in the majority in the House, surely, at this moment in time, you so that sounds like a lot of money. It is Democrats in the majority in the Sen- know, with complete control of the a lot of money. It’s borrowed money, as ate. And of course the President of the government, you would think we would the gentleman said. But then in the United States, President Barack be doing a jobs bill. But the most im- next sentence they say how many jobs Obama, was inaugurated on January 20. portant thing that they could come up they created and/or saved. Does the And this shows just through March of with was the Monkey Safety Act, to gentleman care to guess what we got this year how the unemployment rate debate the Monkey Safety Act here in for $100 million in my Congressional has increased. And the gentleman will the House of Representatives. district? recall that we were told that we had to Mr. WALDEN. That sounds like real Mr. WALDEN. You could write a mil- pass this $800 billion stimulus bill or monkey business. lion-dollar check and get 100. I mean else unemployment would hit 8 per- Mr. LATOURETTE. And I want to be we could make 100 millionaires out of cent. And now it’s over 10 percent. If clear because when I mentioned this that. So maybe 1,000? you look at the construction trades, earlier, the Humane Society got upset Mr. LATOURETTE. I’m sorry. It was the people that build buildings, roads with me. I’m not saying that this is a 126. And so, again, with a straight and bridges and other things, it’s 18 bad piece of legislation. But what I’m face—— percent; 18 percent of the people that saying is, for crying out loud, when Mr. WALDEN. So we could have writ- work construction in this country are people want to know where the jobs ten a check and made nearly a hundred currently out of work. are, why are we debating the Monkey millionaires.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13508 CONGRESSIONAL RECORD — HOUSE December 3, 2009 Mr. LATOURETTE. No. What we a new roof on, and now those people, I licans. We just want to go on a wild could have done is everybody could would assume, are unemployed or fix- spending spree. Unfortunately, the have gotten maybe $800,000. But, no, ing roofs somewhere else. So clearly, President got his way. the problem is as I go about the dis- this is a problem. And Speaker PELOSI rammed the bill trict, nobody knows where those jobs Mr. WALDEN. Now, you know, the through the House, HARRY REID are. And I think, you know, the gentle- University of Massachusetts got a rammed the bill through the Senate, man’s talked about not only the dif- grant—you’re aware of this one—for and they spent $787 billion of our chil- ficulty of false claims of jobs, but jobs $95,000 to study pollen samples from dren and grandchildren’s money— that have gone to places that don’t the Viking era in Iceland. Now, I’m not money that we don’t have—claiming exist. In Ohio—the gentleman’s talked making this up. It’s there. You can find we need to do this because this was about Oregon—in Ohio, there was it. $95,000, the University of Massachu- going to stop unemployment from $7,960, not billions, but still a lot of setts studied pollen samples from the reaching 8 percent and it was going to money, if you’re paying taxes, for a Viking era. You want to study pollen create 3 million jobs. basketball system replacement in from the Viking era, an old sample of And then he stood here, right behind Ohio. And they claim that as a result the Viking era? Just have Brett Favre you, here on this House floor, right at of that, they created three jobs. Now sneeze. You know, that’s an old Viking. that podium I’m looking at right there. that’s a little bit better than the hun- We can do that. Save the $95,000. Maybe President Obama said, We’re going to dred million, because that’s only a cou- this will make good, like 1:30 in the track every dime, and JOE BIDEN, Vice ple $3,000 a job. The problem, and basi- morning, Discovery or Science Channel President JOE BIDEN is going to be in cally, it was a grant to repair a basket- reporting, you know. We investigated charge of tracking every dime because ball court in a park in Cincinnati, old Viking pollen from Iceland. And we nobody messes with JOE. That is what Ohio. But it was identified as Ohio’s 0 created jobs—95,000 of your tax dollars. the President said. Nobody messes with district. Now, we have 18 districts. We’ve been joined, Mr. LATOURETTE, if JOE. Mr. WALDEN. We have one of those I could, by Mr. SCALISE here from Lou- Mr. WALDEN. Nobody messes with in Oregon. Actually ours was double 00. isiana. We’re glad to have you join us JOE. Mr. LATOURETTE. Well, we have today and share your comments to our Mr. SCALISE. And so of course, we Ohio 0. And I’m sure that next fall in colleagues, and we may even go back decide to take President Obama up on 2010 the Republican and the Democrat and forth here with our colleague from his claims, and as Americans for running in Ohio 0 are going to have a Ohio. months and months later, after they very tough race because nobody’s going Mr. SCALISE. Well, I want to thank then came with a budget that doubled to be able to figure out where it is, be- my friends that are talking about this the national debt in 5 years, and then cause it—— important subject because, you know, they turned around with another bill Mr. WALDEN. No, they can go to re- when I go home, people want to know called the cap-and-trade energy tax, a covery.gov. By then they’ll know the the same things that you’ve been talk- national tax on energy. district. And it’s going to be well- ing about. They want to know where Then they came back with this gov- jobbed. are the jobs. They surely don’t want ernment takeover of health care that Mr. LATOURETTE. So we clearly the government getting involved in all they’re still pursuing. All of this, run- have some difficulties. I know the gen- of these areas of our lives that the gov- ning jobs out of our country at a time tleman, if the gentleman’s talked ernment doesn’t belong. And even more when Americans want us to be creating about this, I apologize. But down in importantly, they don’t want the gov- jobs. Texas, this fellow who runs a public ernment going off on these wild spend- And so now that unemployment has housing authority got $26,000. But if ing sprees, spending money that we exceeded 10 percent, people are not you go to the Web site, it says that don’t have. And so they look at the only asking where are the jobs, they’re they reported creating 450 jobs, which record of this administration since saying, What did you do with all of is pretty—— President Obama came in in January, that money that you spent. Mr. WALDEN. What? and they recognize that right after And so we started digging in deeper, Mr. LATOURETTE. 450 jobs for President Obama came in, he had this and what we found out is, as you were $26,000, which is pretty good. I mean, great idea that he was going to have talking about, we found out in Lou- that’s about $500 a job. The problem is this stimulus bill. And he said, we’re isiana, there were more jobs created in when they contacted this fellow, whose going to make sure that unemploy- Louisiana’s Eighth Congressional Dis- name is Bob Bray, he said, Boy that’s ment doesn’t go over 8 percent. trict, according to the White House, by great. You did a great job with that 26 Mr. WALDEN. That would be this the stimulus bill than were created in grand, creating 450 jobs. He says, oh, chart here. my First Congressional District that I no, no, no, no, no. He told the govern- Mr. SCALISE. And the chart that represent. ment that he had created six jobs, basi- you show that shows the lofty goals, Mr. WALDEN. So what’s the point? cally five roofers and a fellow to in- the lofty promises. And in fact, those Mr. SCALISE. So if you lived in the spect it. But when he was asked to do of us who actually want to fix the real Eighth Congressional District and some reporting, they said, well, that’s problems, want to solve the problems you’re hearing all of these jobs that not enough jobs. And so the 450 doesn’t in our country, we met with the Presi- were created with taxpayer money that represent jobs, it represents the hours dent. We said, Mr. President, we’ve got we don’t have, that was borrowed from that these six people worked to replace some ideas on how to create jobs, be- our children and grandchildren, you the roof. So we really didn’t get a cause we agree, our economy should be might be going, Well, I want to see whole lot for that $26,000. focusing on creating jobs. And we actu- what those jobs were. Of course people Mr. WALDEN. And even if it’s six ally laid out a recovery plan that the in Louisiana know, there is no Eighth jobs, how long did those last? Congressional Budget Office scored Congressional District because we have Mr. LATOURETTE. Well, for 450 that would create way more jobs than seven congressional districts. So we hours. It was for 450 hours, all six of they projected to score and a whole lot dug deeper and we found out there were them. You know, it’s a couple weeks less money than they were projecting 15 different congressional districts in work is what you’re talking about. to spend. Louisiana that they were claiming Mr. WALDEN. So it’s not like a per- they created jobs in using stimulus manent sustainable job that’ll get us b 1645 money. into a recovery that goes forward. I Of course the President discarded our Mr. WALDEN. So you think some- mean it replaced a roof, and roofs have ideas. He went around the country tell- thing got by JOE? to be replaced. ing people that we were just the party Mr. SCALISE. I’m not really sure. Mr. LATOURETTE. I’m sure with the of ‘‘no,’’ failed to mention that we ac- And we did a little digging, and in rainy season coming, I’m sure they’re tually had a solid plan that is still as fact, our local newspaper did some all nice and dry down there in Texas. solid today. So he just put his blinders digging as well. They called the White But the fact of the matter is they put on and said, We don’t want Repub- House. First of all, they said, Okay,

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13509 White House, you’re claiming that you kitchen review where audiences can Mr. LATOURETTE. It was a riding have got all of this transparency. JOE imagine, ‘‘the life of a pot, a lid, a lawnmower. BIDEN is hunting out for every dime broom, and a dishrag.’’ Twenty-five So anyway, and then to Connecticut. that’s out there; how is it that you can thousand dollars so that you can imag- I think again what our constituents have jobs being shown that you’re cre- ine—this reminds me of the Johnny ask us to do is what the next story ating in districts that don’t exist? And Carson skit, you know, Carnac, the does. And that is, the Police Depart- the first thing the White House said is, Magnificent. What do a pot, a lid, a ment up in Plymouth, Connecticut, re- We’re not certifying the accuracy of broom, and a dishrag have in common? ceived a grant, and they used it to buy the information. This is insane. new computers. And again, law en- So first, in January, they were going Now, the executive director did say forcement needs the best tools to catch to be the most transparent administra- the money will give 10 of his musicians the bad guys, but the administration is tion ever. Now, 10 months later, bil- a good long week of work. Now, I don’t saying that the purchase of these com- lions and billions of dollars of borrowed know about you guys, but when I hear puters created 108 jobs. There’s a cou- money is going out the door. Nobody of jobs—I was a small business owner ple of problems with that. There are knows what it was spent on. They for 22 years. I created jobs, I main- only 22 people who work at the police claimed to have created jobs in dis- tained jobs, small company. I know department, and when they called the tricts that don’t exist, and the best what it’s like to sign the payroll check. mayor—they called the mayor up there they can say is, We’re not certifying If I created a job, I expected it to last in Plymouth. They said, Hey, how the accuracy of the information. more than one week. Most of us I think come you guys are reporting 108 jobs Mr. WALDEN. But I thought nobody see these numbers and think, Oh, they with some computers. He said, I can’t gets past JOE? created a million new jobs or whatever tell you. His name is Vincent Festa. He Mr. SCALISE. We’re going to get to they’re claiming, 640,000 jobs. And then says that—and this is what our con- that because I think we’ve got some we find it was a roofing project that stituents want us to do—he said that enlightenment we’re going to shine on lasted 2 weeks. It was the life of a pot, the town has resorted to counting it. a lid, a broom, and a dishrag concert in paperclips to save money but that it So then they actually followed up, Sacramento for free. They gave a long had no plans to lay off any police offi- and they asked the White House, Well, week of work. cers even without the stimulus. He how is it if you’re not certifying the Now, that is not going to bring about couldn’t explain the police report, and accuracy, how is it, though, that some- economic recovery. I yield to the gen- the town’s police chief—unlike the body can show a district that doesn’t tleman from Ohio. mayor—didn’t return telephone calls exist on your Web site as creating jobs? Mr. LATOURETTE. I think the mes- seeking comment. And the White House spokesperson’s sage is—and the gentleman from Lou- So, again, we need to be included as answer was, Who knows, man; who isiana I think laid it out very well—is we find out not only how can we help really knows. That is his direct quote. we don’t claim to have all of the best assist the economy recover, creating That is the best the White House could ideas on how to do this. I think that in jobs, but we need to do what the come up with as the American people the House we represent about 47 per- mayor, Mayor Festa, is doing in Plym- are saying, Where are the jobs and cent of the American people. And as outh, Connecticut, counting the what are you all doing with all of this you move forward with sort of—it’s paperclips. money? And their answer is, Who like going to a bad movie, Stimulus 2 Mr. WALDEN. And maybe we need to knows, man; who really knows. or Stimulus 3, about to rear their ugly ask Lesko where the free government So we go back to President Obama. heads around here. We would just like money went. He seems to know. He’s Right here in February, February 24, to have the ideas that we have—the on television all the time. Ask Lesko, on the House floor his quote, Because gentleman’s a former business owner, where’s the money, free government nobody messes with JOE. And then here too—to say, Hey, I have an idea how to money? we’ve got a picture of Vice President create a job. And I think if they were How about this one: West Virginia re- JOE BIDEN with these two folks that more receptive to that, you wouldn’t quested $387,350 from the so-called crashed the White House State dinner have to report phony stuff, and people stimulus to hire two State coordina- just a week or so ago, and you wonder wouldn’t be asking where the jobs are tors and an assistant to encourage pri- why nobody is manning the store and because the gentleman mentioned the vate land owners to grow ginseng and nobody’s taking any accountability health care debate. shiitake mushrooms on their private now. These are the people that are One way to make sure that health forest lands. Now, I have nothing manning the store, and the American care is less of a problem in this country against ginseng or shiitake mush- people are saying enough is enough; is to have people working with health rooms, for that matter, or farmers. this is not a joke because the joke is on care, with retirement security. One With three staff and $387,000 in Federal us. And it’s money that you’re bor- way to solve the problem with the fore- money they hope to contact 160 land- rowing from China and our children closure crisis in this country is to have owners. That works out to $2,377 per and our grandchildren, and we’re tired people working so they can pay their contact to reach out to 160 farmers, of it. We actually want to create jobs. mortgages and their insurance and forest land owners, to say, Hey, you That’s why we’re going to continue to raise their families. guys want to grow some ginseng and try to create jobs. But this shows you But just two quick examples. I don’t shiitake mushrooms out there under just what’s really going on with the understand why they’re bragging about the trees? taxpayers’ money. this stuff. The government claims to This is your Federal tax money, Mr. WALDEN. And I will yield to my have spent $1,047 to buy a riding mower $387,350 for West Virginia. I thought friend from Ohio, but before I do that, from the Toro Company to cut the with all of the paving that goes on maybe this one didn’t get past JOE. grass at the Fayetteville National there—well, we won’t go there. Maybe he approved it, I don’t here. Cemetery. I’m all for cutting the grass Mr. LATOURETTE. Maybe they don’t But it says here that the Sacramento at the Fayetteville National Cemetery, have phones in West Virginia. Bee reported $25,000 of stimulus money, but the Web site claims that the pur- Mr. WALDEN. I mean, come on— to provide five free concerts in the Sac- chase of that single lawnmower helped $387,000. ramento area. I like concerts. I have save or create 50 jobs. I loved this one, too, $4 million for a gone to a concert. I have an iPhone. Mr. WALDEN. A single lawnmower. new bike path trail in Massachusetts I’ve got headphones. I have my iPhone Well, maybe it’s a push mower. A big so people can get to the North Hamp- here. It would be cheaper to lend my push mower. ton Taco Bell. Do you think I’m mak- iPhone probably than the $25,000. Mr. LATOURETTE. We’ve got a lot of ing this stuff up? So there’s a new slo- But here’s one of the programs. It is shift work going on there. gan that Taco Bell has come out with: the kitchen review. Now, you gentle- Mr. WALDEN. For 49 people pushing ‘‘Bike to the border.’’ The problem is, men I know are students of phil- and one steering. How many people we all know with Massachusetts, before harmonic and its programming. The does it take to push a lawnmower? it’s built, you know, they’re going to

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13510 CONGRESSIONAL RECORD — HOUSE December 3, 2009 make it a crime to eat a burrito and Under this administration, the Fed- that would add $700 billion on the ride a bike at the same time. You can’t eral Government will run deficits in ex- backs of small businesses with the gov- eat a burrito and ride a bike at the cess of $700 billion every single year for ernment takeover of health care. Then, same time. No taco chips, no salsa, the next 10 years. Now, the highest def- on a third hand, he’s got this cap-and- nothing on that bike. And forget the icit, the highest 1-year deficit prior to trade energy tax, which literally is a cheese if it’s not from a free-range this administration was $459 billion, tax on any company in this Nation dairy cow. I mean, this is $4 million for which was high, but it was coming that manufactures goods. a bike path to the Taco Bell. down. Now it’s $700 billion and higher Mr. WALDEN. Which will drive jobs Mr. LATOURETTE. Both gentlemen for the next decade at best. out of this country. have talked a little bit about some of Now, that racks up to what? What do Mr. SCALISE. Absolutely. In fact, the other stuff that’s been going on. At they figure? A $20, a $17, $20 trillion the National Association of Manufac- the same time the economy continues debt at the end of 10 years. So let’s fig- turers said the cap-and-trade energy to tank and people continue to lose ure out how you pay that off. Let’s say tax would run at least 3 million more their jobs, they continue to pile on. it’s $20 trillion by the time they’re jobs out of this country. Now, of This health care discussion that we had done. course, this is a President who, since the stimulus bill, he said it was going a little while ago in the House, one pro- b 1700 vision in that bill says that at Taco to create 3 million jobs. Our economy Bell, at every vending machine, in Well, how about this? The Congress has lost about another 3 million jobs every location you’re going to have to runs a trillion-dollar surplus for 20 since his stimulus bill, but then his have a sign next to it that says what years and pays down the debt. How policies would run millions more jobs the thing is not only made of but many in this Chamber believe this Con- out of this country. Of course, the President says we need whether it’s good for you or not. gress, or any Congress for that matter, I’m not a healthy eater, you can tell. is going to run a trillion-dollar surplus to do all of this because we’ve got to Mr. WALDEN. Actually, you are and apply it to paying down debt? I see save the planet. Well, just earlier this healthy eater. no hands going up. week they finally have exposed some of Mr. SCALISE. Robust. So then you’re going to drive infla- the corruption involved in this whole Mr. LATOURETTE. I think I have a tion. You’re going to inflate your way argument behind cap-and-trade. healthy appetite. I don’t know if I’m a out of debt. And that’s the fear I have, Mr. WALDEN. You’re talking about healthy eater. having been in small business, knowing the emails and the conspiracy. Mr. SCALISE. I’m talking about It’s going to cost a lot of money, ob- a lot of small business people. That Climategate. Climategate just hit. This viously for not only the consumer—be- means higher interest rates, higher in- is something that’s been going on cause these signs are not going to come flation, a return to Carternomics. You internationally for over for 10 years. It free—but also the people who are going remember when Jimmy Carter left of- just got uncovered because some of to make all of this stuff. Does anybody fice we had double-digit inflation, dou- these emails came to light. Of course, think this compliance cost won’t be ble-digit unemployment, double-digit to pass the cap-and-trade energy tax, interest rates, and the economy went added on? And how do you deal with they said man is destroying the Earth in the tank. That’s what portends from compliance costs? You either raise and we’ve got to limit carbon emis- this enormous deficit. prices or you let people go. sions. Of course, the two biggest But anybody that thinks when they I’d yield to the gentleman from Lou- emitters in the next 10 years are going isiana. go to a vending machine and sees a to be China and India, and China and Mr. SCALISE. I thank the gentleman Twinky, a Twinky filled with that deli- India have already said they’re not from Oregon. cious cream, anybody who thinks that going to comply. So you’re not only This is what we talk to our small that is good for you probably shouldn’t running millions of jobs out of this business owners about. When I go back be out and about without adult super- country, you’d be running them to home, small business owners that I vision during the day. countries that actually emit more car- talk to aren’t saying that they want Mr. WALDEN. Or that thinks you’re bon to do the same thing. So it actu- the government taking over health going to stand there at the vending ally is counterproductive. But then care. What they’re saying is these poli- machine with the lineup of Twinkies let’s look at the science behind what cies, these policies are what are caus- and you’re going to read the ingredi- they’re saying they need to do. ents list and the calorie list, and that’s ing them to hold back or to look at di- You’ve got Al Gore out there who’s going to dissuade you from buying that vesting and just getting out. But been running around for years now— Twinky that you have found the vend- there’s so much money on the sidelines he’s won Nobel Peace Prizes and Acad- ing machine to get. because of the actions being taken by emy Awards—saying the scientists are Mr. LATOURETTE. And then on top President Obama and the liberals that virtually screaming from the rooftops, of that, we had the cap-and-trade bill a are running Congress that are literally Now the debate is over. This is former little earlier. Again, everybody wants stifling the ability for businesses to Vice President Al Gore. The debate is clean air—I come from Lake Erie— create jobs. The American people know over. There’s no longer any debate in clean water and everything else. But that because the American people are the scientific community about global the fact of the matter is there was a looking at these policies. And they’ve warming. And what he’s saying is all of huge national carbon tax. And again, got good common sense. And they’re these charts and graphs he’s been talk- when you have an economy that is ail- saying, If you’ve got tough economic ing about for years and in his movie ing and people are losing their jobs, im- times, the first thing you should be ‘‘An Inconvenient Truth,’’ a very fa- posing more taxes on them, the places doing is figuring out how to help busi- mous chart he used to show talking they work is not the answer. nesses create more jobs. about global warming was called ‘‘the So you sort of have this double And so then they look at this health hockey stick chart.’’ That’s this chart whammy going on here. You have no care bill. Here’s a bill that, first of all, right here. It’s showing over thousands help for the people who have lost their spends over a trillion dollars. A trillion of years they’ve documented that our jobs, and by the same token, you have dollars in new Federal spending. But Earth is going through cooling periods, policies to create more job displace- then how do they get that money? our Earth is going through warming ment. Well, they go and they cut Medicare to periods. We had more warm tempera- Mr. WALDEN. This government, this the tune of about $500 billion, and our tures than we have today thousands of Federal Government, Democrats have senior citizens know how bad that years ago when there was no combus- run the House for the last 3 years. The would be. But then they also turn tion engine, there were no fossil fuels House controls the purse strings. The around and they add over $700 billion in being burned. Mother Nature just has a Congress does. The President can put new taxes on the backs primarily of way of going through different cycles forward a budget and they end up sign- small businesses. And so, on one hand, on her own. ing the bills into law, but it’s the Con- the President’s holding a job summit, And so what they were showing was gress that controls the purse strings. but, on the other hand, he’s got a bill over hundreds of years you had this

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13511 normal trajectory down, and all of a went and conducted studies that they constituents don’t understand that ev- sudden there’s this increase in the manipulated the data, corrupting the erybody recognizes in a country as Earth’s temperature that they showed. data, again, using that taxpayer great as the United States we shouldn’t The problem is, we just exposed money, and we want our money back have people who die because they don’t through Climategate, they got to this and we want criminal charges to be have quality health care. They should huge increase that Vice President Al filed against these people that actually have the ability to have affordable, ac- Gore said we need to change our entire went out and corrupted data to try to cessible health care. national economy over by corrupting pass a national energy tax in this coun- But no matter what that number is— the data. try that will run millions of jobs. And some people say it’s 47 million. The These are some of the things that you wonder why small businesses feel President came here and said it’s 30 came out in the email: I have just com- like they’re walking around this coun- million. Whatever the number is, even pleted Mike’s nature trick to hide the try with a bull’s-eye on their back. at their number of 47, you’re talking decline. That was Phil Jones, who’s one Mr. WALDEN. Beyond that, Repub- about 15 percent of the people in the of the lead scientists for a group called licans have asked for an investigation country. And a lot of people are asking the University of Anglia in England. of this. It’s pretty silent on the Demo- the question: How come we’ve got to This is a group that writes all of the crat side of the aisle. This is a clear ex- screw up everybody else to take care of documents that our scientists in Amer- ample where there has been a con- this problem that’s dealing with maybe ica have used to say we need a cap-and- spiracy to avoid the Freedom of Infor- 15 percent of the people? trade energy tax. They phonied up the mation Act, to discourage dissenting numbers. They corrupted the data. And viewpoints from being included. All And specifically to the jobs issue, the here’s the email. you have to do is go through the 3,000 Senate bill that they’re now debating And there are many, many more emails. And as the ranking Republican across the Capitol has a number of emails, talking about how they use on the Oversight and Investigation taxes in it. First, both bills cut half a tricks and that they hide the declines Subcommittee, our Republican staff is trillion dollars out of Medicare. And that don’t prove their argument. In doing that as we speak, and it’s phe- how you’re going to make the country fact, there are many scientists who nomenal what they’re finding in terms healthier by taking away half a trillion have said we’re in the seventh year of of this sort of concerted, conspiratorial dollars from people on Medicare I have a cooling period, but they won’t show effort. And I don’t use those terms yet to have explained to me ade- any of that data because they literally lightly. quately. But on the other side of the have hid the data, and now we’ve ex- It appears to be a real conspiracy Capitol they’re debating all these new posed it through Climategate and these when you’ve got a lead scientist taxes, and one is specifically on compa- emails. emailing out to other scientists in the nies that manufacture wheelchairs. So you’ve got Vice President Al Gore United States saying, Destroy this Now, I have, not in my district but still running around out there saying data, delete this email, get rid of this, on the other side of Cleveland, in Lo- we need to have this cap-and-trade na- and then you discover that the actual rain, Ohio, the world’s leading wheel- tional energy tax. The President’s temperature data that were gathered chair manufacturer. And in talking to going to be going to Copenhagen in from the sites has been destroyed. the folks that run that company, about a week and a half, and I guess, They took those data and then they they’re saying, You know what? If this just like he went there to try get the ran them through their own model of tax comes about—and it’s hard to know Chicago Olympics, a lot of us are hop- what they think it should look like and why you have to tax wheelchairs to ing he comes back empty-handed in Co- then they destroyed the original data, take care of somebody who doesn’t penhagen, because what he wants to do which means nobody else can go back have health insurance—if this tax is sign an agreement that would lit- and use those original data to test and comes about, it will completely evis- erally lead to the destruction of mil- replicate whatever it is they model. cerate any profit margin that we have, lions of jobs in America based on cor- And then there are these emails and I’m going to take thousands of jobs rupt science. about let’s try and discourage people and they’re going to have to be termi- Mr. WALDEN. And we know that his from getting published in this maga- nated and I will go to China. I will go stimulus plan that passed by the zine because we don’t think they’re to China and employ thousands of Chi- Democrats hasn’t worked. Now they’re with us on this, or whatever. I mean, nese to make wheelchairs and have coming back with stimulus II, we read, the American people are going to see them imported into the United States. that may be $300 or $400 million more transparency. They don’t want to—I Now, some of our friends on the other of borrowing and spending. And you’re don’t know of too many Members in side say, Well, that’s not patriotic. creating bike paths to Taco Bells and here who sent out pamphlets in their What are you doing? You’re thumbing checking on Viking pollen air in Ice- campaigns that said, Send me to Con- your nose at the United States of land. This is crazy. gress and I’ll raise the cost to turn on America. Business is business and jobs Now, the scientist you referenced your light switch, yet that’s what they are jobs. So to disincentivize—not only there, Jones, I believe that he has been voted for with that cap-and-trade. to do no harm, but to harm—doesn’t the recipient of tens of millions of dol- They voted for 3 million jobs to go make sense to folks back where I’m lars for his research of American tax- overseas. from. payer research money from the Depart- Mr. LATOURETTE. Well, they did. ment of Energy. I want to go back just to the jobs Mr. WALDEN. No, it doesn’t. I think Mr. SCALISE. In fact, we’re now ask- business for a minute, because there’s a that’s the issue. And we had an alter- ing for an investigation to be con- couple of things you can do as a gov- native that created twice the jobs at ducted into not only—— ernment. The government doesn’t cre- half the cost in America. Twice the Mr. WALDEN. Republicans are. ate jobs. That’s one of the myths jobs at half the cost. Clearly, we want Mr. SCALISE. By the way, he just around here. It’s people who have the to get people back to work. There are stepped down through the embarrass- entrepreneurial spirit. It’s corporations alternative ways to do that that Re- ment of the exposing of this scandal. that make investments in not only publicans have put forward on health So for anybody to say, Oh, this isn’t equipment but product and people. care reform. We haven’t even talked anything real, this is all being trumped But going back to the health care about tort reform that would save $68 up, this guy just stepped on down out thing and Mr. SCALISE’s observation billion. Get rid of the junk lawsuits of embarrassment over this scandal. about more jobs leaving, I would think and get access to affordable health care But we’re now calling for an inves- that the first thing would be to be like out there. tigation to look into the millions of a physician; do no harm. Let’s keep There are ways—and as a former dollars of Federal grant money, U.S. what we’ve got and then we can build small business owner, I can tell you— taxpayer dollars, that have been either on it. Then we go can grow jobs. But if to create jobs in the market out there. obtained through corruption or, when you look again at the health care bill, Bike paths to Taco Bells is not a sus- they got the Federal tax dollars, they how that’s financed—and a lot of my tainable economic recovery model.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13512 CONGRESSIONAL RECORD — HOUSE December 3, 2009 $95,000 for research on Icelandic Vi- where there has been so much powerful some of the European nations because king-era pollen seems a little out- legislation, lifesaving, life-enhancing they had never been very good at con- rageous at a time when we’re running legislation, and then be told, as we trolling their spending, and when they record reported deficits. were earlier this year, there’s no time told us we should control ours, we I know we’re about to run out of time to read the bills, you just have to pass didn’t listen. We laughed at them when here. I’d go back to my colleague from them, because thousands and thou- they laughed at us. Louisiana if he has got any final com- sands of people are losing their jobs But now it turns out they’re not buy- ments because, you know what? All of every day, and it could go to 81⁄2 per- ing any more of our debt. Fortunately, this has gotten past Joe. cent unemployment unless we pass it they still are so we haven’t had to do Mr. SCALISE. And I guess that’s a right now. what the Soviet Union did yet and an- good place to finish, kind of where we And so we passed it and the President nounce that we’re bankrupt and we started. The American people are say- took 4 days to get the right photo op in can’t print enough money fast enough ing, Who’s manning the store? And Colorado to sign the bill. We could like Germany did in the 1920s that they’re also saying, Where are the have used those 4 days to actually de- brought about that horrible dictator jobs? And they’re looking at these poli- bate and amend the bill and make it with the mustache that killed so many cies and they’re looking at this cap- actually into a jobs bill instead of a re- millions of people, innocent people. and-trade energy tax, they’re looking ward to people who had been faithful to We haven’t been listening as a na- at this government takeover of health the Democratic Party, because that tion, as a nation’s leaders. But Amer- care with the $700 billion in new taxes. sure appears to have been what it be- ica is getting it. They’re seeing. And They look at what happened today here came, what it was, because it certainly that’s being reflected by what’s going on the House floor. Speaker PELOSI’s wasn’t a jobs bill. on around this country. It is immoral top priority was a bill that actually And if you go back to that stimulus what we are doing to future genera- puts into law a permanent 45 percent bill at the first of the year and you tions. What we did in here this very tax on death. A tax on death. And so look for people who saw it clearly for day, passing this extra death tax. that’s their answer. what it was, this was not a jobs bill, There’s going to be no death tax in Their ideas are actually leading to this was not a stimulus bill. Over half 2010, that was going to be the case; and increased unemployment, running mil- of it would not be spent for 2 years. It now this bill that passed the House, if lions of more jobs out of this country, was around 7 percent was all that was it passes the Senate and gets signed and the best that they can say is, Who going to be spent on infrastructure. It into law, well, it will go to 45 percent. knows? There’s no accountability. But, was sold to a lot of people in this body But we’re told, well, gee, even though don’t worry. The President is still say- on the basis that we were going to en- those people paid income tax at the ing, There’s old Joe. He’s manning the hance transportation and infrastruc- highest rate in the country and even store, because nobody messes with Joe. ture. We had to build all these things, though there may be 40 to 44 percent, They think that this may be some kind anyway, so why not do that to create the way we’re moving, who will pay no of joke, but the joke is on the Amer- jobs. And then 7 percent went to that. income tax, we’re going to take away ican people. And the American people Less than 1 percent went to small about half of what they’ve been able to are tired of it. business, SBA loans, programs. Less accumulate in their lives, their family Mr. WALDEN. We yield back the bal- than 1 percent went for that. Yet we farms, their business. ance of our time. know that 70 percent of the new jobs And those that are in small business f are created by small business. It was know what I’m talking about, Mr. THE YEAR IN REVIEW clear that was not a jobs bill. Speaker, because so many of them have So you would think that as we ap- known what it is to have the person The SPEAKER pro tempore (Mr. proach the end of this year, more and that started the business, got them in- KISSELL). Under the Speaker’s an- more people begin to see that really volved, pass away, and then there’s a 55 nounced policy of January 6, 2009, the wasn’t a jobs bill. Now who was it that percent tax for so many years. gentleman from Texas (Mr. GOHMERT) was right about that bill? Who was it We were able to pass a bill, and it’s a is recognized for 60 minutes. Mr. GOHMERT. I do appreciate this that read as much as they could in the shame on the Republicans that we so much, and I appreciated the inform- limited time they had and was able to didn’t permanently end the death tax. ative information that was provided by discern what kind of bill that was and But we didn’t have 60 votes in the Sen- my friends and colleagues here. A lot of how much damage would be done, that ate. It was passed out of the House to very helpful information. I do find it it wasn’t going to help the economy, it permanently end the death tax, and it interesting. was going to hurt it. That was clear to didn’t get but 56 votes in the Senate, so We were promised back in the first of so many of us. it didn’t pass. Shame on the Repub- the year by the administration that if You would think at this point as peo- licans for not getting that done. But we did not pass that $800 billion stim- ple start to talk about, okay, well, that now shame on Democrats who are in ulus bill, then we could see 8.5 percent sure failed, what we tried earlier this charge and are going to go with a 45 unemployment. We had to pass that year, although we did put a lot of extra percent tax. stimulus bill. We could not wait, be- debt on future generations, because if Mr. Speaker, I know you heard peo- cause people were losing their jobs by you think about it, between the $800 ple during debate today in response to the thousands every day. It could not billion stimulus, so-called, package and my pointing out that, as a judge, I wait. the $400 billion land omnibus bill that have sentenced people who stole from was passed right on its heels, you have deceased persons. We consider that rep- b 1715 about $1.2 trillion. That also happens rehensible, despicable, for someone to People did not have time, we were to be, when you divide the number of steal from a dead person. And yet in told, to read the bill. It was too impor- households in America, it’s about this body we have the power to just tant to just pass it, because otherwise $10,000 per household that we just laid pass a law and say, well, it may be im- the unemployment rate, we were told, on in debt to every household on aver- moral, but we have the power to take could get as high as 81⁄2 percent if we age in America. people’s money when they die, so we’re did not pass it. Well, 81⁄2 percent by not I mean, who in America can afford going to do it, anyway. passing the stimulus bill sounds very another $10,000 being added to their We have the power, we passed a bill good at this point. From last month, debt that at some point is going to today, despite the objections of so unemployment, 10.2 percent. We’re have to be collected as debt, as taxes, many of us, but we do not have the hearing that there will be additional or we will go the way of the Soviet moral authority to be taking other jobs that will have been lost come Fri- Union and have to someday announce, people’s money that they accumulated day when a potential announcement you know what, we didn’t listen to after paying maximum amounts of in- will be made. China when they laughed at us because come tax and redistribute what they It is so frustrating to have had people we said we were controlling our deficit earned with the sweat of their brow on this floor come into this Chamber and we did not; we didn’t listen to and their ingenuity and their risk.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13513 That’s not right. That’s not the way around $600, $700 an acre. Now the IRS pass the Bart Stupak amendment, no, America became the greatest country was nice, they gave them a couple of because there’s no money in here for in the history of the world. It’s really years’ extensions, hoping the land abortions. But if you open the bill to immoral to be doing that kind of thing. value would come back; but after a page 110, something apparently people And if we were not the Congress, we couple of years the IRS said, That’s it, who said there was no money for abor- would be sentenced to go to jail for no more extensions, it’s all got to be tions had not done, but at page 110, stealing from dead people the proceeds sold. It was a nearly $5 million evalu- subparagraph B, entitled ‘‘Abortions from a life’s work. It isn’t right. ated estate, and when the land values for Which Public Funding is Allowed,’’ When you look at the response, it is fell to $700, I believe they got nearly to it says ‘‘The services described in this to push a health care bill. We’re going $800, if I recall correctly, that paid the subparagraph are abortions for which to add this additional tax and, by the tax. It didn’t even quite do that. the expenditure of Federal funds appro- way, that goes to those who generate That’s why the IRS ordered the land priated for the Department of Health the jobs, the small businesses. People sold and then had an auction of all her and Human Services is permitted.’’ like Warren Buffett, I don’t know his personal assets. All of us in the ex- Well, how about that? We were told personal situation, but the people that tended family were encouraged to come there wasn’t any money in there for I have been aware of who are out to the auction and try to keep as abortions from Federal tax dollars. megawealthy had good estate planners many of the family heirlooms in the So how about the thought of someone and the ones I was aware of were able family as we could. We didn’t keep not only taking someone’s proceeds to put together estate plans that cre- them all. There were some from the and property, money that they accu- ated life insurance situations that were community, some who came from other mulated over the course of their life, paid for where they were going to be places who decided they wanted some paid the highest income tax rate on fine, their families were going to be of my great aunt’s property and they throughout their lives, and then they fine when they passed on and left their were able to bid higher, so we didn’t die, and throughout their lives they inheritance because they had figured protect all of the family heirlooms, knew in their heart, they believed with out innovative ways to address the family treasures. Not so much huge all their being, that life begins when death tax. value, like over $500, but of great senti- it’s created, and that is not just when The megawealthy, they’re not the mental value. And we couldn’t keep it a baby is born but in utero, and this ones who will be hurt. The ones who because this nearly $5 million estate, person who has passed away knew in have been hurt are those whose family valued when she died, was all taken. their heart it’s really murder when you built a business, and then the one who kill this innocent helpless child who b 1730 built it passes away, leaves it to the cannot defend themselves. They try. heirs and they don’t have a lot of The family begged and pleaded with You see the hands and their trying to money. They own machines. They own the IRS to at least, instead of taking get away from having their brain property. They own the business. And the entire estate, how about just tak- sucked out, whatever method of abor- now they’ve got to come up with a 55 ing 55 percent of everything that ex- tion is being utilized. You see them percent tax—under the bill we passed isted? Take 55 percent of the land. That fighting against it. But they’re help- today if it becomes law, big whoopie, it would seem fair. Oh, no, because, the less. They can’t fight against those will be a 45 percent tax—on money that IRS said, Congress had made clear trying to kill. they paid personal income tax on, cor- that, oh, no, we take 55 percent of ev- Yet the Federal Government not only porate income tax on if they were a erything at the time of death, and if does the reprehensible thing of taking corporation, individually if it was it’s mainly land and it’s not worth as this deceased person’s money that they through a subchapter S. much when it sells, we’re taking it all. accumulated from their own work, They paid lots of taxes, and then to All the land was sold. It was a tragic their own effort, paid tax on, and then take 45 percent now, 55 in the past, of situation. uses those tax dollars, puts it in the their business meant that lots of fami- But I’ve heard people come down here general fund and uses some of the gen- lies had to go borrow money against and try to say all this talk about hurt- eral fund to go out and pay to kill the business or sell part of the business ing family farms and small business, those innocent babies. to some outsider because they had to there’s really nobody that’s ever been We were told right here in this get the money in order to pay the tax. hurt in a family farm or small business House, right here in this body, in a I mentioned my great aunt’s situa- from the death tax. It’s simply not joint session, that basically if you like tion. Some have wondered, but it was a true. People are hurt and have been your insurance, you could keep it. We very real situation. In 1986 when my hurt so often in small business and heard that said over and over. But if great aunt died, her husband had pre- family farms because of the death tax. you look at page 91, that’s section 202, deceased her. It was July of 1986 she One of the things I did purchase at ‘‘Protecting the Choice to Keep Cur- passed away, back in Texas. Over more the auction was we got some of Aunt rent Coverage,’’ subsection (a) right than a hundred years, generations had Lilly’s crystal, and we wanted to let under that, all capital letters, accumulated around 2,500 acres, farm, the closer family members who were ‘‘GRANDFATHERED HEALTH INSUR- ranch, raising corn, raising cattle. told you will get this and this when I’m ANCE COVERAGE DEFINED,’’ and They had a good small business and gone, we wanted to let them get the bid this is where it defines whether you get employed people to help them run and get the things that were theirs; so to keep it or not. So it says ‘‘the term things. there was reluctance to bid on things ‘grandfathered health insurance cov- My aunt, my great aunt, Lilly, was a that were designated for someone else. erage’ means individual health insur- very good businesswoman. She was But it was just a long, sad day. And I ance coverage that is offered and in very astute, very careful, and she lived bought a little music box, a church, force and effect before the first day of a very minimalist life. She was not ex- and you could wind it up, and the cross Y1 if the following conditions are met: travagant. She didn’t have a lot of on top of the church turned as it ‘‘Condition No. 1, ‘the individual cash. She would acquire nice things. played ‘‘Amazing Grace.’’ health insurance issuer offering such She had some nice crystal glasses, Well, God’s grace is amazing, but coverage does not enroll any individual some nice china, silverware. There that’s certainly not true of the United in such coverage.’ ’’ were things that she had made clear States Government. There is no grace I had a person back in East Texas she was leaving to certain family mem- when it comes to the United States that I represent when I was talking bers. Government, which brings me back to about health care say, You know what? When she passed away, there were the issue of health care. I know a lot of people are really con- comparable sales in the area of around Mr. Speaker, I’ve got a box here. It’s cerned about it. I don’t want to seem $2,000 an acre; but before the estate got the bill that we passed here in the callous, but I’m not worried about it, could be finalized and settled, there House, and there’s some great stuff in because I retired. And I said what com- was a lot of FDIC or RTC land that was here. We had people come to the floor pany, one of the bigger companies in dumped and prices of the land fell to and say, for example, we didn’t need to the country. And he said, We have a

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13514 CONGRESSIONAL RECORD — HOUSE December 3, 2009 great union that negotiated us great really doesn’t care what the outcry is. that can be added to the existing pack- health insurance, and I’ve got great in- It doesn’t matter because they run age that will get your vote? Well, ap- surance. The President said if I like it, things. parently some people answered other- I can keep it. I’m not worried about ev- Just as with the flood insurance wise than I did. I was livid, furious erybody else. I’m in good shape. when the Federal Government, if it with the question. My first response to And I said, Well, is there any chance sounds familiar, said, You know what? the email was, There’s nothing that that anybody else will ever retire from We think private insurance companies can be added. Removing the biggest so- your big company and be added to the are charging too much for flood insur- cialization of private assets in Western insurance health insurance coverage ance. Well, it might have something to Hemisphere history would be a good that you have? do with people who keep rebuilding start to get my vote. But apparently He said, Oh, yes. People are retiring homes on the coast where they get there were others who answered other- all the time. wiped out. Well, the Federal Govern- wise, so there was another $100 billion I said, Oh, bad news, because under ment apparently decided we need to added to that bill. subsection (a)(1)(A) if the individual provide cheaper insurance than what But think about it. If the Federal health issuer offering such coverage en- can be provided in the private sector. Government has all of your personal rolls any individual in the coverage So the Federal Government got in- medical records. And you know the In- after the date this bill goes into effect, volved. They didn’t charge enough in ternal Revenue Service is the enforce- you lose your insurance. Everybody premiums to stay in the black, so they ment arm. They’ll collect the fees. that has it loses it, and you get kicked went into the red. They’ll make sure you’re doing right. over into the Federal exchange pro- Well, private companies cannot com- They’ll make sure the Federal pro- gram. pete with the government because they grams are paid for. So, gee, they know But at No. 2, here at the bottom of can’t exist in the red unless the gov- what your cholesterol count is. Well, page 91, it says, ‘‘the issuer does not ernment takes them over, which I you think maybe they would need to change any of its terms or conditions, guess you could talk to GM about or know if you’re buying bacon or things including benefits and cost-sharing, some of the banks or some of Wall high in cholesterol if your cholesterol from those in effect as of the day be- Street. But anyway, they ran the pri- count is too high? Maybe they need to fore the first day of Y1.’’ vate insurance companies out of the adjust your insurance rate up and tell So, very clearly, if the insurance flood insurance business, so nobody you what you can and can’t eat. Well, terms and conditions change at all, if sells flood insurance anymore because that seems almost ridiculous, doesn’t the benefits change at all, copayments they could not compete with the Fed- it? change, any of the cost-sharing, pre- eral Government, and that’s going to b 1745 miums, whatever, if they change, trag- be true of this as well. This will be a ic. You lose your insurance. You do not disaster. It can happen. That is where we are get to keep it. The government gets to It’s one thing to experiment with a headed. tell you about your health care under novel—what really is a socialist idea If you go over to page 1510—and you the Federal exchange. here, the Federal Government’s social- wonder why would you need 1,990 pages, And, yes, we’ve heard a lot about the izing medicine. It’s not total socialism; another 40 or so of the manager’s panel that said, gee, if you’re under 50, it’s just a socialist program because amendment. If you go to page 1510, sec- you don’t really need a mammogram. If the government takes over a private- tion 2572, Nutritional labeling of stand- you’re over I think 75, 78, something sector business, a massive amount of ard menu items at chain restaurants like that, then you don’t really need a the economy, and controls it. But it and of articles of food sold from vend- mammogram. That’s the government doesn’t stop there because if the Fed- ing machines. And as you go through telling you. I don’t care what others eral Government is paying for all your and read these pages, it is really inter- say. You go read this bill, and it seems health care, shouldn’t they have a esting reading because a restaurant or pretty clear that those panels are the right to tell you how to live? similar retail food establishment shall ones that will determine under the Oh, yes, of course, in this bill the place adjacent to each food offered a plans what services are provided. So Federal Government becomes the re- sign that lists calories for displayed here at page 167, it says, ‘‘The Commis- pository for everybody’s medical food item or per serving. sioner shall specify the benefits to be records. Isn’t that special? So the Fed- It talks about in vending machines, if made available under Exchange-par- eral Government will have records of you cannot read the food labeling in- ticipating health benefits plans.’’ So your most private, personal, secret formation, then they have to post that the Commissioner will decide all of the physical situation. The government on the machine. It will cost millions conditions of the health insurance poli- will have those records. and millions of dollars, and if people cies that are offered. Everybody has to Now, you can be assured that if the know how the vending business works, offer the same insurance in each serv- Federal Government has them, the there are a lot of people who own vend- ice area. wrong people will never be able to get ing machines. They make their living And you go down to the middle of the them, especially people in the govern- doing that. They go around and keep page, ‘‘Required Offering of Basic ment who may want to manipulate them supplied. They make money from Plan,’’ the entity offers one, and only you. filling the machines. I had friends in one, basic plan for such service area. Oh, yes, there was that problem in college whose parents put them Then the next provision says, ‘‘If and the 1990s when 1,000 FBI files were through college doing just that. They only if the entity offers a basic plan for found in the White House, which was a don’t have the money to get these ma- such service area, the entity may offer crime for which Chuck Colson went to chines reconfigured and do all of this one enhanced plan for such area.’’ If prison for just having one. There were work on them so they meet these new you offer the enhanced plan, you may around 1,000, as I recall, in the White requirements. Somebody is going to go offer one premium plan. And then also House, people’s most personal, private out of work, be relieved of their ability if you do all that, you could offer a pre- information in FBI files. But the White to make money. And if there were plen- mium-plus plan. You have to get to the House had it. They didn’t have any in- ty of jobs out there, that wouldn’t be premium-plus plan before the panels centive to try to use any of that infor- so bad, but that means they will go dictate whether or not you can get a mation even though there were some into the job pool with all of the other mammogram before you’re age 50, or Members of Congress whose files were people who are out of work right now. whatever panel the panel happens to there. Gee, wasn’t that interesting? And then we passed the crap-and- indicate. Maybe if there’s enough out- Maybe if they needed a vote? trade bill in here the last week of July, cry, the panel withdraws and says, I know before this administration as I recall. And we had people come okay, we were just kidding; so we’ll under the prior administration when down here to the well of the House, change that. But our experience is once the TARP bailout was about to be some people stood back here at these the government is comfortable in its passed, I got an email from the White microphones, and people said people role of regulating, it gets to where it House liaison saying, Is there anything aren’t going to lose their jobs because

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13515 of this bill. They are going to have jobs to $2 trillion like the bill on the table trol. It will be coded so it will only pay created. Good, wonderful, green jobs that passed the House, but this should for health care items. Then they will will be created. actually save the U.S. Government have catastrophic coverage to cover Well, they hadn’t read that bill ei- money while, at the same time, for the above that. They have control, and ther, apparently. On page 900-some- first time since we have had Medicare they have coverage. thing, if you actually read the bill, as and Medicaid, actually give seniors We know that the younger Ameri- I was trying to do on a very short time complete coverage and complete con- cans in their twenties and thirties, if because we got the 300 pages that was trol of their own health care. they start doing this, the vast majority added around 3:08, 3:09 a.m. and we Now, I am sure most people deal with of them should have so much in their didn’t even have a complete copy of the someone in the health insurance busi- health savings account by the time bill assimilated with the amendments ness, and you know there is a lot of they hit retirement age, not only will that were added in the wee hours. I was good people in the health insurance they not want the government then trying to read as much as I could as business, but they are not really in the stepping in and controlling their quick as I could, but page 900 or so, I health insurance business. They are in health care, they will not need it, be- believe it was, there was a fund. I be- the health care management business, cause they will have enough money in lieve it was called the climate change and that’s what business the govern- their HSAs to make their own deci- fund that was created to pay people, it ment is in with Medicare, Medicaid, sions even then and continue to buy said in the bill, who lost their job as a and SCHIP. their insurance and control the cata- result of that bill. So whoever’s staffer I don’t want the government in the strophic care from there. And, under or special interest group wrote that business of managing my health care. I the bill, anything that is left in the bill, they knew people were going to don’t want the insurance companies in health savings account can be left to lose their jobs and that is why they put the business of managing and making the kids. If you want to gift some of that in the bill. There was even money my personal health care decisions. I your HSA out to someone else, whether in there to create a fund to pay people want to make those after consulting you are related or not, as long as it a relocation allowance in case they with my doctors. That is the way it stays health savings account money, it could be paid to go where the job was should be. That is the way it used to can go from one to another. moving. But unfortunately, that didn’t be, and my bill would allow people to Another problem we have in this provide money to send them to China, do that. country that we are not dealing with, Argentina, or India, the places where It would provide the incentives to nobody seems to be talking about a those jobs were really going to go, push people, young people, everyone whole lot, is that we authorize people where there is four to 10 times more actually, toward a health savings ac- to come into this country, and even pollution put into the atmosphere for count with no limits on how much you though it is intentional, come into this creating the same products. No, they can put in pretax. The employer pays country, get free health care and not wouldn’t get money for that. in, and it is certainly a business deduc- charge them as they leave. Well, that But I still think the good news there tion for him. It is a straight offset. And doesn’t happen under my bill, because is if that bill becomes law—and I know the health insurance policy under my in order to get a visa, whether a travel when Americans find out what all is in bill would be owned by the individual visa, a migrant worker visa, any kind that horrible bill, they are going to fire employee. Since it would be owned by of visa we may create in the future, in a lot of Members of Congress that the individual employee, that means order to get a visa to come to this pushed that through without knowing wherever they go, it is their policy. country, you will have to establish what was in it and knowing what was You don’t need COBRA. I dealt with that you have health care coverage, going to be done to Americans and put that when I left the bench to run for the insurance, the HSA, you have cov- more people out of work. But the good Congress. It was too expensive for a erage so it won’t cost the U.S. Govern- news is the people fired here in Con- guy who was running for Congress who ment taxpayers any money. That will gress who lose their job as a result of had cashed out all of his assets except be the price of coming into America. the crap-and-trade bill, they might be his home and cars to run for Congress So if you are going to live with some- entitled to some relocation allowance full time because I knew that we need- body in the country, you can be under under the bill because they lost their ed to make changes here. their health insurance. If you are going job as a result of the bill. And they will So even though it has been reported to be a migrant worker, your employer be with so many other Americans who that out of, I think, 32 Members of Con- can buy the catastrophic care and pro- lose their job for the same reason. gress from Texas, I had the least assets vide a health savings account for the This is micromanaging in this health of any Member from Texas, I think I whole group. Those kinds of things can care bill to an unbelievable degree. am the richest guy in the world be- be done because we have to get off this On the other hand, I have a health cause of the friends and the people I course of bankrupting this country. It care bill here that really is about get to represent and the people with is not unlimited when you go spending health care. It is not about control, whom I deal in east Texas. But it is not money, spending money, spending and control and micromanaging Amer- going to be so good. We are in hard money. The Soviet Union tried that. ican lives like this huge, 2,000-page bill times, but it is going to be worse. It is Apparently they were trying to get a is. It is pretty basic. And it is inter- not even going to be this good if this $100 billion loan from the United States esting, I did have a nice conversation massive drain on the economy, a gov- and from others back at the time when with Doug Elmendorf. The Congres- ernment takeover of this much of the the Soviet Union was in so much finan- sional Budget Office has been sitting economy kicks in at the worst possible cial trouble. There have been articles on this bill since the request was made time. written, information provided that August 19 to get it scored. And the rea- On the other hand, coming back to seems to indicate that the U.S. may son we didn’t get the request in until my bill, for seniors, we are getting have told the Soviet Union, you know, then was because we were told back in scored what it would cost if all seniors we know in the past when these insur- June, Congressional Budget Office, we elected and went to having the govern- rections have occurred, uprisings have don’t score things that aren’t bills. ment put cash money in a health sav- occurred in Poland, Czechoslovakia, You have to have it in bill form. We ings account that they control and Latvia, Estonia, when they have oc- had to push and push. We eventually then buying the catastrophic care pol- curred before, you roll in the tanks and got it through legislative counsel and icy above that. It is their policy. They you crush them. But if you do that, we got the bill drafted and filed so it could control it. If they don’t spend all of the are probably not going to be able to be scored. HSA money, then it rolls over and they loan you that $100 billion to keep you The bill was submitted to the Con- get to keep 10 percent of the money to afloat. gressional Budget Office. We said offi- encourage them to save. For many sen- That is what happens when foreign cially, please give us a score because iors, that won’t be possible. They will countries are owed massive amounts of this should work. This should save go through the $3,500. That will be con- money by another country, they get to money and not only not cost a trillion trolled with a debit card that they con- dictate to you whether or not you will

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13516 CONGRESSIONAL RECORD — HOUSE December 3, 2009 preserve and protect your union. Ev- Paris started. It starts out, the big, of a well-intended Congress back in the eryone in this body took an oath to do bold letters say this: ‘‘In the name of 1960s. They saw a problem with single that, to follow the Constitution. We the most holy and undivided Trinity.’’ women who had deadbeat dads who are supposed to protect this country That struck me strange. Why would were not helping financially to take from all enemies, foreign and domestic, they start the Treaty of Paris with ‘‘In care of the kids that they had helped and yet we are going out and begging the name of the most holy and undi- procreate. And so out of a feeling of the Chinese to keep buying our debt. vided Trinity?’’ It is an interesting way compassion and wanting to help, they There are indications that the Federal to start the document where the enemy said, you know what, let’s just give Reserve, although they have said they during the war was going to recognize them a check. Let’s be sympathetic. are not monetizing the debt, they have our independence. You mean-spirited people who don’t some third party buying debt that we But then you think about it. They want to just give these poor women a put up for auction, and then the Fed- needed to start that treaty with some- check, how dare you. So Congress eral Reserve buying that debt from the thing so important to both sides that voted to give them a check for every third party intermediary. So it is the neither would dare break their oath. So child they could have out of wedlock. same thing. We are monetizing the they started with ‘‘In the name of the And over 40 years later we have gotten debt. That is the way it sure looks. holy and undivided Trinity.’’ That is what we paid for. You pay people to That eventually causes inflation. how the Treaty of Paris of 1783 started. have babies out of wedlock, you’re But in the meantime, for countries We have come a long way. Now you going to have a lot of babies. around the world, they can begin to can’t even pray in public schools. And this is something that cuts tell us what we can do in our country Chuck Colson said it well, When you across party lines. Both parties are and what we can’t because they deter- have the morals of Woodstock, you will guilty of participating in being acces- mine whether we have to declare, as have to expect some Columbines. If you sories to what has happened and the in- the Soviet Union did, we are bankrupt. think about that, when the morality of centives to do the wrong thing for the We can’t borrow enough money any the country is basically ‘‘if it feels well-being of this country. We more to take care of our obligations good, do it,’’ you’re going to have some shouldn’t have provided incentives to and we can’t print it fast enough to pay irresponsible people, some anti-social lure young women into a rut from for them, so we are out of business. The personalities just decide, I wonder how which they could not pull themselves states are on their own. That is basi- it feels to steal other people’s money, I out and from which they would never cally what the Soviet Union did. So the wonder how it feels to go shoot some reach their God-given potential. 15 states that comprised the Soviet people in my school. When that’s the Since the government knew if they Union became independent countries. morality of the day, we have got so far finished high school they had a much You think about all of the blood that from our morality. better chance of making more money, has been shed over the course of this As we said, I personally think it is the statistics were clear, they were country to get the opportunity to cre- immoral for a government to go in and able to go to college, they would make ate a Constitution, to get the oppor- do what anyone else doing would be a even more money, on average overall, tunity to govern ourselves. crime, and that is, to pry cash from the so why not provide incentives to finish You go back to the letter that John cold, dead hands of a deceased on which high school? Help them do that? Don’t Adams wrote to his wife, Abigail, after he has paid taxes his whole life, and we just give a check for every baby you the Declaration of Independence was take that money away through the can have out of wedlock. Why not in- made public on July 4. He wrote that death tax. centives to finish school? That would marvelous letter, and I don’t have it One of the things that maybe was the have been more appropriate. down verbatim, but basically saying we most important in driving me from the This week we took up and passed a have within our grasp the chance to do bench to run for Congress was along bill out of committee. I did not vote for what great philosophers and thinkers these lines of morality of the Federal it. The intention, once again, is very have only dreamed of, to govern our- Government. Because I noticed it good. I know the hearts of the people selves and not have this big, massive seemed like I was seeing more and that are pushing it. They are good peo- government that controls all of the more women coming before me to be ple. They mean so well. They want to areas of our lives. We will be free to sentenced for committing felonies back help. They said, let’s throw a billion make our own decisions about our in Texas. The stories they would tell dollars at trying to keep kids from lives. This is a day that should be cele- there in court were so often the same. committing crimes. It is so well in- brated with parades and picnics. The story I heard most often was, tended. I know their hearts. They mean well, I was bored with high school. well. But it is another program that b 1800 Sometimes it was a friend, sometimes, won’t deal with the bottom line issue Of course, he advocated the firing of tragically, a family member, some- that when this government got in the guns. We do that with fireworks now times even more tragically, a mother business of breaking up homes and pro- instead of bullets, which I think is a said, well, heck, if you’re bored with viding incentives for people to have better practice. But he recognized how school, just drop out, and have a baby. single-parent homes instead of having incredible a gift God, our Creator, na- The government will send you a check. a married couple in a home, we started ture’s God, all those references that You don’t have to work. Just have a doing terrible damage to the moral fab- were made in our founding documents. baby, and they will send you money. ric of this country and this society. We were being blessed with something So they drop out of high school, have And it’s ongoing. And we want to have like never before in the history of man- a baby, the government would send studies done. Well, gee, why do you kind. them money. But it was not enough to think these kids commit crimes? I was a little surprised to see after I really provide for a decent way of liv- I kept my own separate survey for a came to Congress over at the State De- ing for the mother and child. So the number of months there; and I picked, partment the original copy of the trea- story I would hear, it was repeated I guess arbitrarily, 5 years of age, and ty of 1783, the Treaty of Paris. Of often, was, gee, maybe if I have an- it was well over 80 percent of the peo- course, hopefully, people know, Mr. other baby, get another check, I can ple I sentenced for felonies had no rela- Speaker, that it was the surrender at live easier on that. And it didn’t work. tionship with the father after age 5. Yorktown which ended the hostilities, And another baby. One lady I had sen- I’m not sure what it was. Most of them but not until the Treaty of Paris of 1783 tenced had 15 kids, didn’t even know had had no relationship, really, with did England actually sign on agreeing where they all were. the father. And that seemed to be the to recognize the United States as a sep- How would that come about? Why greatest common denominator in the arate, independent country. This was would the Federal Government get into people that I sentenced. an incredibly important document. the business of providing incentives to So why was there a deadbeat father And I did not know, history major lure young women into ruts from in so many situations? Well, the gov- that I was, I didn’t know until I saw in which they were given no hope of get- ernment had been paying people to cre- big, bold letters how the Treaty of ting out? Well, it came about because ate deadbeat dads that didn’t help out.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13517 This Congress did that, well inten- cilities around it had so much. There is The motion was agreed to; accord- tioned, but, oh, the havoc that has been not another place like that anywhere ingly (at 6 o’clock and 15 minutes wreaked and reaped here, because that in the continental, anywhere in the p.m.), under its previous order, the is what has been sowed. United States. That is an ideal place to House adjourned until Monday, Decem- Now, we come around here also, well try the terrorists. ber 7, 2009, at 10:30 a.m., for morning- intentioned, having met the President And all those people who I know they hour debate. a couple of times, I believe he wants to were so torn up about what happened f do what he believes is good for the on 9/11. They really are very sincere EXECUTIVE COMMUNICATIONS, country, just like those people in the when they say, I want to look them in ETC. 1960s did, just like people this week in the eye, I want to be the juror that our Judiciary Committee did. They says, You’re sentenced to death. Well, I Under clause 2 of Rule XXIV, execu- mean well. have done that. It doesn’t bring the tive communications were taken from Look at history. It is very clear. pleasure you might think. the Speaker’s table and referred as fol- When you pay people to do an activity, But what it will bring when people lows: you’re going to get more of it. If you say that’s what I want to do, it will 4837. A letter from the Under Secretary, penalize people, as we have for years, bring about a change of venue if the de- Department of Defense, transmitting a re- port of a violation of the Antideficiency Act with a marriage penalty, you’re going fendants, which they probably will, re- by the Defense Information Systems Agency, to get less of it. If you penalize an ac- quest it, because that will delay it fur- Case Number 06-01, pursuant to 31 U.S.C. tivity, you’re going to get less of it. ther. It will give them further plat- 1341(a)(1)(A); to the Committee on Appro- That is the normal course of things. forms to spread their poison that is so priations. And both parties are also guilty of say- toxic. I know these things were in- 4838. A letter from the Administrator, En- ing, oh, we are going to fix the mar- tended well, but they can bring about vironmental Protection Agency, transmit- ting a report of a violation of the riage penalty. Both have done this. I the demise of a country. They have be- Antideficiency Act for the Asbestos Loan got sick of listening to it over the fore. They have brought about the de- Program, pursuant to 31 U.S.C. 1517(b); to the years. Before I got to Congress, I mise of civilization. Committee on Appropriations. hadn’t really talked about it much. And you would have thought that 4839. A letter from the Inspector General, Some of us keep bringing it up. Noth- when the stimulus package didn’t do Special Inspector General for Iraq Recon- ing is happening. everything that it was supposed to struction, transmitting the Special Inspector Hopefully sometime it will, because have done—it didn’t create any jobs. It General for Iraq Reconstruction (SIGIR) Oc- tober 2009 Quarterly Report; jointly to the it’s a real easy fix. If you want to take created some hundreds of thousands, Committees on Appropriations and Foreign care of the real marriage penalty in in- well, we have lost millions and mil- Affairs. come tax, you say, do you know what? lions—you would think that the people 4840. A letter from the Under Secretary, If you’re married, it’s your choice. You that had enough insight to see it Department of Defense, transmitting a re- can file married filing jointly if that’s wasn’t going to do what was said that port entitled ‘‘Department of Defense Earned better for you, or you can file as an in- it would do, that the people that Value Management: Performance, Oversight, and Governance’’; to the Committee on dividual so that there is no penalty for pushed that would come back and say, Armed Services. being married. Because when you com- you were right. But that hasn’t hap- 4841. A letter from the Chairman and Presi- bine two spouses’ incomes, so often it pened. I hope and pray it will. dent, Export-Import Bank, transmitting a kicks them up into a higher percentage Mr. Speaker, you brought down the report on transactions involving U.S. exports category and they pay a lot of extra gavel indicating my time has expired, to Spain pursuant to Section 2(b)(3) of the money just because they’re married. so I recognize that and appreciate your Export-Import Bank Act of 1945, as amended; to the Committee on Financial Services. I’ve seen it with a lot of teachers. indulgence. 4842. A letter from the Chairman and Presi- The teacher’s income combined with a f dent, Export-Import Bank, transmitting a spouse’s income is enough to kick report on transactions involving U.S. exports them up, and they have to pay more for LEAVE OF ABSENCE to Chile pursuant to Section 2(b)(3) of the the privilege of being married. That’s By unanimous consent, leave of ab- Export-Import Bank Act of 1945, as amended; not the way it should be. That’s not sence was granted to: to the Committee on Financial Services. Mr. LUCAS (at the request of Mr. 4843. A letter from the Chairman and Presi- what studies indicate it should be. dent, Export-Import Bank, transmitting a BOEHNER) for today on account of per- I know the President and the Attor- report on transactions involving U.S. exports ney General think they are doing a sonal reasons. to United Arab Emirates pursuant to Section good thing for this country. If we are f 2(b)(3) of the Export-Import Bank Act of 1945, going to show the world how hospitable SPECIAL ORDERS GRANTED as amended; to the Committee on Financial we are by bringing terrorists to our Services. own soil because we are good and we By unanimous consent, permission to 4844. A letter from the Chairman and Presi- dent, Export-Import Bank, transmitting a want the whole world to see how good address the House, following the legis- lative program and any special orders report on transactions involving U.S. exports and noble we are, we will take people to Papua New Guinea pursuant to Section that have admitted killing innocent heretofore entered, was granted to: (The following Members (at the re- 2(b)(3) of the Export-Import Bank Act of 1945, people, over 3,000, and we will give as amended; to the Committee on Financial them more rights than they have ever quest of Ms. WOOLSEY) to revise and ex- Services. been given in history. That is destruc- tend their remarks and include extra- 4845. A letter from the Special Inspector tive. It puts our soldiers in harm’s way. neous material:) General For The Troubled Asset Relief Pro- Ms. WOOLSEY, for 5 minutes, today. gram, transmitting the Office’s quarterly re- It is going to cause them to have to Mr. DEFAZIO, for 5 minutes, today. port on the actions undertaken by the De- start becoming forensic experts while Ms. KAPTUR, for 5 minutes, today. partment of the Treasury under the Troubled they are being shot at, in some situa- (The following Members (at the re- Asset Relief Program, the activities of SIGTARP, and SIGTARP’S recommenda- tions they will also be expected to quest of Ms. ROS-LEHTINEN) to revise tions with respect to operations of TARP, for gather fingerprints, DNA evidence, this and extend their remarks and include kind of thing. This was not well the period ending September 30, 2009; to the extraneous material:) Committee on Financial Services. thought through. Mr. POE of Texas, for 5 minutes, De- 4846. A letter from the Deputy Director, Down in Guantanamo, I cannot imag- cember 10. Defense Security Cooperation Agency, trans- ine issuing an order to close that with- Mr. JONES, for 5 minutes, December mitting pursuant to Section 62(a) of the out even visiting that, but that is what 10. Arms Export Control Act (AECA), notifica- has happened. And I visited the court- Mr. BURTON of Indiana, for 5 minutes, tion concerning the Department of the Air room proceeding where the trial was December 7, 8, 9 and 10. Force’s proposed extension of a lease of de- fense articles to the Government of Canada going on for some terrorists. And they f were interrupted by the Attorney Gen- (Transmittal No. 05-09); to the Committee on ADJOURNMENT Foreign Affairs. eral and the President. They just called 4847. A letter from the Maj. Gen, USMC a halt in the middle of the trial. That Mr. GOHMERT. Mr. Speaker, I move (ret.), Special Inspector General for Afghani- facility there, that courtroom, the fa- that the House do now adjourn. stan Reconstruction, transmitting the fifth

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13518 CONGRESSIONAL RECORD — HOUSE December 3, 2009 quarterly report on the Afghanistan recon- the Department’s final rule — Airworthiness Committee on Transportation and Infra- struction, pursuant to Public Law 110-181, Directives; Saab AB, Saab Aerosystems structure. section 1229.; to the Committee on Foreign Model SAAB 340A (SAAB/SF340A) and SAAB 4866. A letter from the Program Analyst, Affairs. 340B Airplanes [Docket No.: FAA-2009-0910; Department of Transportation, transmitting 4848. A letter from the Associate General Directorate Identifier 2009-NM-175-AD; the Department’s final rule — Airworthiness Counsel, Department of Homeland Security, Amendment 39-16046; AD 2008-09-06 R1] (RIN: Directives; Rolls-Royce Deutschland Ltd. & transmitting a report pursuant to the Fed- 2120-AA64) received November 13, 2009, pursu- Co. KG Model BR700-715A1-30, BR700-715B1-30, eral Vacancies Reform Act of 1998; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee and BR700-715C1-30 Turbofan Engines [Dock- Committee on Oversight and Government on Transportation and Infrastructure. et No.: FAA-2009-0045; Directorate Identifier Reform. 4859. A letter from the Program Analyst, 2007-NE-53-AD; Amendment 39-16041; AD 2009- 4849. A letter from the Associate General Department of Transportation, transmitting 21-04] (RIN: 2120-AA64) received November 13, Counsel for General Law, Department of the Department’s final rule — Airworthiness 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Homeland Security, transmitting a report Directives; ATR Model ATR42 and ATR72 Committee on Transportation and Infra- pursuant to the Federal Vacancies Reform Airplanes [Docket No.: FAA-2009-0999; Direc- structure. Act of 1998; to the Committee on Oversight torate Identifier 2009-NM-155-AD; Amend- 4867. A letter from the Program Analyst, and Government Reform. ment 39-16069; AD 2008-04-19 R1] (RIN: 2120- Department of Transportation, transmitting 4850. A letter from the Associate General AA64) received November 13, 2009, pursuant the Department’s final rule — Airworthiness Counsel for General Law, Department of to 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Hartzell Propeller Inc. ()HC- Homeland Security, transmitting a report Transportation and Infrastructure. ()2Y(K,R)—() Series Propellers [Docket No.: pursuant to the Federal Vacancies Reform 4860. A letter from the Program Analyst, FAA-2006-25244; Directorate Identifier 20068- Act of 1998; to the Committee on Oversight Department of Transportation, transmitting NE-25-AD; Amendment 39-16054; AD 2009-22- and Government Reform. the Department’s final rule — Airworthiness 03] (RIN: 2120-AA64) received November 13, 4851. A letter from the Secretary, Depart- Directives; Bombardier Model CL-600-2C10 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Transportation, transmitting the (Regional Jet Series 700, 701 & 702) Airplanes, Committee on Transportation and Infra- Department’s FY 2009 Performance and Ac- Model CL-600-2D15 (Regional Jet Series 705) structure. countability Report; to the Committee on Airplanes, and Model CL-600-2D24 (Regional 4868. A letter from the Program Analyst, Oversight and Government Reform. Jet Series 900) Airplanes [Docket No.: FAA- Department of Transportation, transmitting 4852. A letter from the Director, Office of 2009-0998; Directorate Identifier 2009-NM-198- the Department’s final rule — Airworthiness Management and Budget, Excutive Office of AD; Amendment 39-16065; AD 2009-22-12] (RIN: Directives; Rolls-Royce Deutschland Ltd. & the President, transmitting a letter regard- 2120-AA64) received November 13, 2009, pursu- Co. KG.(RRD) Tay 650-15 Turbofan Engines ing earmark reviews by the Executive [Docket No.: FAA-2007-0037; Directorate Branch; to the Committee on Oversight and ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. Identifier 2007-NE-41-AD; Amendment 39- Government Reform. 16052; AD 2009-22-01] (RIN: 2120-AA64) received 4853. A letter from the Program Analyst, 4861. A letter from the Program Analyst, Department of Transportation, transmitting November 13, 2009, pursuant to 5 U.S.C. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Directives; EMBRAER Model EMB-120, tation and Infrastructure. Directives; Boeing Model 747-100,747-100B, 4869. A letter from the Program Analyst, -120ER, -120FC, -120QC,and -120RT Airplanes 747-100B SUD,747-200B, 747-200C, 747-200F, 747- Department of Transportation, transmitting [Docket No.: FAA-2009-1001; Directorate 300, 747SR, and 747SP Series Airplanes [Dock- the Department’s final rule — Airworthiness Identifier 2009-NM-166-AD; Amendment 39- et No.: FAA-2009-1000; Directorate Identifier Directives; Airbus Model A300-600 Airplanes 16071; AD 2008-04-18 R1] (RIN: 2120-AA64) re- 2009-NM-164-AD; Amendment 39-16070; AD [Docket No.: FAA-2008-0979; Directorate ceived November 13, 2009, pursuant to 5 2008-10-07 R1] (RIN: 2120-AA64) received No- Identifier 2008-NM-079-AD; Amendment 39- U.S.C. 801(a)(1)(A); to the Committee on vember 13, 2009, pursuant to 5 U.S.C. 16051; AD 2009-21-12] (RIN: 2120-AA64) received 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 4862. A letter from the Program Analyst, November 13, 2009, pursuant to 5 U.S.C. tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting 4854. A letter from the Program Analyst, tation and Infrastructure. the Department’s final rule — Airworthiness Department of Transportation, transmitting 4870. A letter from the Program Analyst, the Department’s final rule — Airworthiness Directives; Bombardier Model CL-600-2C10 Department of Transportation, transmitting Directives; Boeing Model 747-200C and 747- (Regional Jet Series 700, 701 & 702), CL-600- the Department’s final rule — Airworthiness 200F Series Airplanes [Docket No.: FAA-2008- 2D15 (Regional Jet Series 705), and CL-600- Directives; General Electric Company CF6- 1362; Directorate Identifier 2008-NM-150-AD; 2D24 (Regional Jet Series 900) Airplanes 80C2 Series Turbofan Engines [Docket No.: Amendment 39-16067; AD 2009-22-14] (RIN: [Docket No.: FAA-2009-0399; Directorate FAA-2009-0018; Directorate Identifier 2009- 2120-AA64) received November 13, 2009, pursu- Identifier 2008-NM-226-AD; Amendment 39- NE-01-AD; Amendment 39-16044; AD 2009-21- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 16060; AD 2009-22-09] (RIN: 2120-AA64) received 07] (RIN: 2120-AA64) received November 13, on Transportation and Infrastructure. November 13, 2009, pursuant to 5 U.S.C. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4855. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- Department of Transportation, transmitting tation and Infrastructure. structure. the Department’s final rule — Airworthiness 4863. A letter from the Program Analyst, 4871. A letter from the Program Analyst, Directives; Hawker Beechcraft Corporation Department of Transportation, transmitting Department of Transportation, transmitting Model 1900, 1900C, and 1900D Airplanes [Dock- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness et No.: FAA-2008-1312; Directorate Identifier Directives; American Champion Aircraft Directives; Airbus Model A300 Airplanes 2008-CE-065-AD; Amendment 39-16072; AD Corp. Models 7ECA, 7FCAA, 7GCBC, 7KCAB, [Docket No.: FAA-2009-0997; Directorate 2009-23-01] (RIN: 2120-AA64) received Novem- 8KCAB, and 8GCBC Airplanes [Docket No.: Identifier 2009-NM-158-AD; Amendment 39- ber 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); FAA-2009-0745; Directorate Identifier 2009- 16062; AD 2007-22-03 R1] (RIN: 2120-AA64) re- to the Committee on Transportation and In- CE-036-AD; Amendment 39-16053; AD 2009-22- ceived November 13, 2009, pursuant to 5 frastructure. 02] (RIN: 2120-AA64) received November 13, U.S.C. 801(a)(1)(A); to the Committee on 4856. A letter from the Program Analyst, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. Department of Transportation, transmitting Committee on Transportation and Infra- 4872. A letter from the Program Analyst, the Department’s final rule — Airworthiness structure. Department of Transportation, transmitting Directives; Boeing Model 767-200, -300, -300F, 4864. A letter from the Program Analyst, the Department’s final rule — Airworthiness and -400ER Series Airplanes [Docket No.: Department of Transportation, transmitting Directives; International Aero Engines FAA-2009-0314; Directorate Identifier 2008- the Department’s final rule — Airworthiness AG(IAE) V2500-A1, V2527E-A5, V2530-A5, and NM-196-AD; Amendment 39-16066; AD 2009-22- Directives; Boeing Model 747 Airplanes; and V2528-D5 Turbofan Engines [Docket No.: 13] (RIN: 2120-AA64) received November 13, Boeing Model 757-200, -200PF, and -300 Series FAA-2009-0294; Directorate Identifier 2009- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Airplanes [Docket No.: FAA-2008-1326; Direc- NE-08-AD; Amendment 39-16057; AD 2009-22- Committee on Transportation and Infra- torate Identifier 2008-NM-141-AD; Amend- 06] (RIN: 2120-AA64) received November 13, structure. ment 39-16059; AD 2009-22-08] (RIN: 2120-AA64) 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4857. A letter from the Program Analyst, received November 13, 2009, pursuant to 5 Committee on Transportation and Infra- Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on structure. the Department’s final rule — Airworthiness Transportation and Infrastructure. 4873. A letter from the Program Analyst, Directives; Cessna Aircraft Company 150 and 4865. A letter from the Program Analyst, Department of Transportation, transmitting 152 Series Airplanes [Docket No.: FAA-2007- Department of Transportation, transmitting the Department’s final rule — Airworthiness 27747; Directorate Identifier 2007-CE-030-AD; the Department’s final rule — Airworthiness Directives; Airbus Model A310 Airplanes Amendment 39-16074; AD 2009-10-09 R1] (RIN: Directives; Eurocopter France (ECF) Model [Docket No.: FAA-2009-0996; Directorate 2120-AA64) received November 13, 2009, pursu- EC 155B and EC155B1 Helicopters [Docket Identifier 2009-NM-156-AD; Amendment 39- ant to 5 U.S.C. 801(a)(1)(A); to the Committee No.: FAA-2009-0952; Directorate Identifier 16061; AD 2009-21-14 R1] (RIN: 2120-AA64) re- on Transportation and Infrastructure. 2009-SW-04-AD; Amendment 39-16055; AD 2009- ceived November 13, 2009, pursuant to 5 4858. A letter from the Program Analyst, 22-04] (RIN: 2120-AA64) received November 13, U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13519

4874. A letter from the Program Analyst, tivities; to the Committee on Ways and PATRICK of Michigan, Mr. MCGOVERN, Department of Transportaton, transmitting Means. Mr. MCNERNEY, Mrs. MCMORRIS ROD- the Department’s final rule — Airworthiness By Mr. MORAN of Virginia (for him- GERS, Mr. BURTON of Indiana, and Ms. Directives; Airbus Model A300 B4-601, B4-603, self, Mrs. LOWEY, Mr. GEORGE MILLER KOSMAS): B4-605R, B4-620, B4-622, B4-622R, F4-605R, F4- of California, Ms. MCCOLLUM, Mr. H.R. 4197. A bill to authorize the Gold Star 622R, and C4-605R Varian F Series Airplanes GRIJALVA, Mr. MCGOVERN, Mr. HIN- Mothers National Monument Foundation to Equipped with Simmonds Precision Prod- CHEY, and Mr. KENNEDY): establish a national monument in the Dis- ucts, Inc., Fuel Quantity Indicating System H.R. 4190. A bill to amend the Public trict of Columbia; to the Committee on Nat- Sensors and In-Tank Harnesses Installed in Health Service Act to authorize the National ural Resources. Accordance with Supplemental Type Certifi- Institute of Environmental Health Sciences By Ms. BERKLEY (for herself, Mr. cate (STC) ST00092BO [Docket No.: FAA- to conduct a research program on endocrine BRADY of Texas, Ms. JENKINS, Mr. 2009-0324; Directorate Identifier 2008-NM-186- disruption, to prevent and reduce the produc- WALDEN, and Ms. TITUS): AD; Amendment 39-16039; AD 2009-21-02] (RIN: tion of, and exposure to, chemicals that can H.R. 4198. A bill to establish a program to 2120-AA64) received November 13, 2009, pursu- undermine the development of children be- reunite bondholders with matured ant to 5 U.S.C. 801(a)(1)(A); to the Committee fore they are born and cause lifelong impair- unredeemed United States savings bonds; to on Transportation and Infrastructure. ment to their health and function, and for the Committee on Ways and Means. 4875. A letter from the Deputy Assistant other purposes; to the Committee on Energy By Mr. BUTTERFIELD (for himself, Administrator, Bureau for Legislative and and Commerce. Mr. JONES, Mr. KISSELL, Mr. MCIN- Public Affairs, Agency for International De- By Mr. DEFAZIO (for himself, Mr. TYRE, Mr. COBLE, Mr. MILLER of velopment, transmitting the Agency’s fourth ARCURI, Mr. PERLMUTTER, Mr. North Carolina, Mr. ALEXANDER, and fiscal year 2009 quarterly report on unobli- BRALEY of Iowa, Ms. SUTTON, Mr. FIL- Mrs. MCMORRIS RODGERS): H.R. 4199. A bill to ensure patient choice in gated and unexpended appropriated funds; NER, Mr. PERRIELLO, Mr. WELCH, Mr. pharmacies by regulating pharmacy benefit jointly to the Committees on Foreign Affairs HARE, Mr. KAGEN, Mr. RYAN of Ohio, managers and to establish a program to im- and Appropriations. Mr. HASTINGS of Florida, Ms. prove access to prescription drugs for certain 4876. A letter from the Secretary, Depart- SCHAKOWSKY, Mr. DAVIS of Tennessee, Ms. HIRONO, Mr. RAHALL, Mr. STARK, individuals; to the Committee on Energy and ment of Health and Human Services, trans- Commerce, and in addition to the Committee mitting a waiver of certain Medicare, Med- Mr. CUMMINGS, Mr. JOHNSON of Geor- gia, Mr. GRIJALVA, Ms. EDWARDS of on Ways and Means, for a period to be subse- icaid, and State Children’s Health Insurance quently determined by the Speaker, in each Program Requirements, pursuant to 42 Maryland, Ms. SHEA-PORTER, Ms. KAPTUR, Mr. HINCHEY, Ms. SLAUGH- case for consideration of such provisions as U.S.C. 1320b-5 Public Law 107-188, section fall within the jurisdiction of the committee 143(a)(1135)(f); jointly to the Committees on TER, and Mr. SARBANES): H.R. 4191. A bill to amend the Internal Rev- concerned. Ways and Means and Energy and Commerce. enue Code of 1986 to impose a tax on certain By Ms. CHU (for herself, Mr. SCHIFF, f securities transactions to fund job creation Ms. LINDA T. SA´ NCHEZ of California, Ms. ROYBAL-ALLARD, and Mrs. REPORTS OF COMMITTEES ON and deficit reduction; to the Committee on Ways and Means, and in addition to the Com- NAPOLITANO): PUBLIC BILLS AND RESOLUTIONS mittees on Rules, and the Budget, for a pe- H.R. 4200. A bill to prepare a feasibility Under clause 2 of rule XIII, reports of riod to be subsequently determined by the study and implement demonstration projects committees were delivered to the Clerk Speaker, in each case for consideration of to restore the San Gabriel River Watershed in California; to the Committee on Natural for printing and reference to the proper such provisions as fall within the jurisdic- tion of the committee concerned. Resources. calendar, as follows: By Mr. THOMPSON of California: By Mr. CUELLAR: Mr. BRADY of Pennsylvania: Committee H.R. 4192. A bill to designate the Stornetta H.R. 4201. A bill to amend the Internal Rev- on House Administration. H.R. 3224. A bill to Public Lands as an Outstanding Natural enue Code of 1986 to extend the special rule authorize the Board of Regents of the Smith- Area to be administered as a part of the Na- for contributions of book inventory to public sonian Institution to plan, design, and con- tional Landscape Conservation System, and schools; to the Committee on Ways and struct a vehicle maintenance building at the for other purposes; to the Committee on Nat- Means. vehicle maintenance branch of the Smithso- ural Resources. By Ms. EDWARDS of Maryland (for nian Institution located in Suitland, Mary- By Mr. ENGEL: herself, Mr. CARNAHAN, and Mr. land, and for other purposes (Rept. 111–276 H.R. 4193. A bill to require the establish- DRIEHAUS): Pt. 2). Referred to the Committee of the ment of a Consumer Price Index for Elderly H.R. 4202. A bill to establish centers of ex- Whole House on the State of the Union. Consumers to compute cost-of-living in- cellence for green infrastructure, and for Mr. OBERSTAR: Committee on Transpor- creases for Social Security benefits under other purposes; to the Committee on Trans- tation and Infrastructure. H.R. 2652. A bill to title II of the Social Security Act and to pro- portation and Infrastructure, and in addition amend title 46, United States Code, to im- vide, in the case of elderly beneficiaries to the Committee on Science and Tech- prove vessel safety, and for other purposes; under such title, for an annual cost-of-living nology, for a period to be subsequently deter- with an amendment (Rept. 111–351). Referred increase which is not less than 3 percent; to mined by the Speaker, in each case for con- to the Committee of the Whole House on the the Committee on Ways and Means, and in sideration of such provisions as fall within State of the Union. addition to the Committee on Education and the jurisdiction of the committee concerned. Mr. OBERSTAR: Committee on Transpor- Labor, for a period to be subsequently deter- By Mr. HALL of New York: tation and Infrastructure. H.R. 2650. A bill to mined by the Speaker, in each case for con- H.R. 4203. A bill to amend title 38, United sideration of such provisions as fall within amend title 14, United States Code, to mod- States Code, to direct the Secretary of Vet- the jurisdiction of the committee concerned. erans Affairs to provide veterans certain ernize the leadership of the Coast Guard, to By Mr. DANIEL E. LUNGREN of Cali- educational assistance payments through di- modernize the administration of marine fornia: rect deposit; to the Committee on Veterans’ safety by the Coast Guard, and for other pur- H.R. 4194. A bill to amend title 18, United Affairs. poses (Rept. 111–352). Referred to the Com- States Code, to exempt qualifying law school By Mr. KENNEDY (for himself, Mr. TIM mittee of the Whole House on the State of students participating in legal clinics or MURPHY of Pennsylvania, Mr. the Union. externships from the application of the con- YARMUTH, and Mr. MAFFEI): Mr. BRADY of Pennsylvania: Committee flict of interest rules under section 205 of H.R. 4204. A bill to establish national cen- on House Administration. H.R. 3542. A bill to such title; to the Committee on the Judici- ters of excellence for the treatment of de- direct the Architect of the Capitol to fly the ary. pressive and bipolar disorders; to the Com- flag of a State over the Capitol each year on By Mr. FARR (for himself, Mr. HONDA, mittee on Energy and Commerce. the anniversary of the date of the State’s ad- Mr. PETRI, Mr. GARAMENDI, Ms. WAT- By Mr. LOEBSACK (for himself, Mr. mission to the Union; with an amendment SON, and Mr. DRIEHAUS): BOSWELL, Mr. LATHAM, Mr. BRALEY of (Rept. 111–353). Referred to the Committee of H.R. 4195. A bill to authorize the Peace Iowa, and Mr. KING of Iowa): the Whole House on the State of the Union. Corps Commemorative Foundation to estab- H.R. 4205. A bill to extend certain housing- f lish a commemorative work in the District related deadlines in the Heartland Disaster of Columbia and its environs, and for other Tax Relief Act of 2008; to the Committee on PUBLIC BILLS AND RESOLUTIONS purposes; to the Committee on Natural Re- Ways and Means. Under clause 2 of rule XII, public sources. By Mr. MEEK of Florida (for himself bills and resolutions of the following By Mr. LARSON of Connecticut (for and Ms. SCHAKOWSKY): himself and Mr. HINOJOSA): H.R. 4206. A bill to authorize the Secretary titles were introduced and severally re- H.R. 4196. A bill to create jobs through the of Agriculture to provide assistance to the ferred, as follows: hiring of new faculty and counselors at com- Government of Haiti to end within 5 years By Mr. MANZULLO: munity colleges; to the Committee on Edu- the deforestation in Haiti and restore within H.R. 4189. A bill to amend the Internal Rev- cation and Labor. 30 years the extent of tropical forest cover in enue Code of 1986 to accelerate the phasein of By Mr. ADLER of New Jersey (for him- existence in Haiti in 1990, and for other pur- the deduction for domestic production ac- self, Mr. HALL of New York, Ms. KIL- poses; to the Committee on Foreign Affairs.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13520 CONGRESSIONAL RECORD — HOUSE December 3, 2009 By Ms. NORTON: H. Res. 943. A resolution expressing the By Mr. LEWIS of Georgia (for himself, H.R. 4207. A bill to authorize improvements sense of the House of Representatives that Ms. LEE of California, Mr. RUSH, Mr. in the operation of the government of the the Federal banking regulators should, with PAYNE, and Mr. RANGEL): District of Columbia, and for other purposes; respect to well-managed community-based H. Res. 948. A resolution commending the to the Committee on Oversight and Govern- depository institutions, permit appropriate participants and organizers of the World ment Reform, and in addition to the Com- capital forbearance, troubled debt restruc- March for Peace and Nonviolence; to the mittees on Transportation and Infrastruc- turing accounting practices, and other time- Committee on Foreign Affairs. ture, Natural Resources, and the Judiciary, tested measures that would allow such insti- By Mr. NEUGEBAUER (for himself, for a period to be subsequently determined tutions to continue to provide for the finan- Mr. SMITH of Texas, Mr. CHAFFETZ, by the Speaker, in each case for consider- cial vitality for our Nation’s small busi- Mr. OLSON, Ms. JENKINS, Mrs. ation of such provisions as fall within the ju- nesses and family farms; to the Committee BACHMANN, Mr. PAUL, Mr. REHBERG, risdiction of the committee concerned. on Financial Services. Mr. GINGREY of Georgia, Mr. By Mr. PERRIELLO: By Mr. PETERS (for himself, Mr. LAMBORN, Ms. GRANGER, Mrs. H.R. 4208. A bill to amend the Internal Rev- WOLF, Ms. ESHOO, Mr. DINGELL, Mr. SCHMIDT, Mr. HENSARLING, Mrs. enue Code of 1986 to increase the limitation MCGOVERN, Mr. CARDOZA, Mr. KIRK, LUMMIS, Mr. PITTS, Mr. HARPER, Mrs. on the reduction in fair market value of real Mr. FILNER, Mr. SMITH of New Jersey, BLACKBURN, Mr. KLINE of Minnesota, property used for farming, or in another Mr. LEVIN, Mr. MCCOTTER, Mr. Mr. CONAWAY, Mr. BROUN of Georgia, trade or business, for purposes of estate SCHOCK, Mr. OLVER, Mr. HASTINGS of Mr. GOHMERT, Mr. BARTON of Texas, CHAKOWSKY taxes; to the Committee on Ways and Means. Florida, Ms. S , Mr. Mr. CULBERSON, Mr. AUSTRIA, Mr. WEXLER, Mr. INGLIS, Ms. WATSON, Ms. By Mr. TEAGUE (for himself and Mrs. BILBRAY, Mr. LUETKEMEYER, Mr. SPEIER, Mr. SHULER, Mr. MURPHY of LUMMIS): POSEY, Mr. JORDAN of Ohio, Mr. KING H.R. 4209. A bill to amend the Internal Rev- New York, Mr. ELLISON, Mr. WATT, of Iowa, Mr. MCCARTHY of California, enue Code of 1986 to suspend for an addi- Mr. MAFFEI, Mr. MILLER of North Mr. GARRETT of New Jersey, Mr. tional year the taxable income limit on per- Carolina, Ms. RICHARDSON, Ms. KIL- WALDEN, Mr. WITTMAN, Mr. RYAN of centage depletion for oil and natural gas ROY, Mr. CONNOLLY of Virginia, Ms. Wisconsin, Mr. HALL of Texas, Mr. from marginal wells; to the Committee on DEGETTE, Mr. ANDREWS, Mr. ADLER AKIN, Ms. FALLIN, Mr. SMITH of Ne- Ways and Means. of New Jersey, Mr. CROWLEY, Mr. braska, Mr. ROE of Tennessee, Mr. By Mr. THOMPSON of California (for KLEIN of Florida, Ms. KILPATRICK of COFFMAN of Colorado, Mr. MARCHANT, himself and Mr. WU): Michigan, Mr. MEEKS of New York, Mr. SAM JOHNSON of Texas, Mr. SES- H.R. 4210. A bill to amend the Internal Rev- Mr. CARNAHAN, Mr. SIRES, Mr. SIONS, Mr. JONES, and Mr. GOOD- enue Code of 1986 to provide for an energy in- MCMAHON, Ms. WOOLSEY, Ms. JACK- LATTE): vestment credit for energy storage property SON-LEE of Texas, and Ms. BERKLEY): H. Res. 949. A resolution amending the connected to the grid, and for other pur- H. Res. 944. A resolution expressing the Rules of the House of Representatives to re- poses; to the Committee on Ways and Means. sense of the House of Representatives on re- quire a two-thirds vote on a stand-alone bill By Mr. THOMPSON of California (for ligious minorities in Iraq; to the Committee to increase the statutory limit on the public himself and Ms. WOOLSEY): on Foreign Affairs. H.R. 4211. A bill to amend the Internal Rev- By Mr. LAMBORN (for himself, Mr. debt; to the Committee on Rules. enue Code of 1986 to treat nonrecourse small YOUNG of Alaska, Mr. MCCOTTER, Ms. f business investment company loans from the FOXX, Mr. LATTA, Mr. FRANKS of Ari- Small Business Administration as amounts zona, Mr. CHAFFETZ, Mrs. BLACKBURN, MEMORIALS at risk for purposes of determining the de- Mr. HARPER, Mr. PITTS, Mrs. LUMMIS, Under clause 4 of Rule XXII, duction for losses; to the Committee on Ms. FALLIN, Mr. BRADY of Texas, Mr. Ways and Means. KING of Iowa, Mr. POSEY, Mr. 221. The SPEAKER presented a memorial By Ms. ROS-LEHTINEN (for herself, LUETKEMEYER, Mr. CULBERSON, Mr. of the Senate of the State of Michigan, rel- ative to Senate Resolution No. 89 memori- Mr. MCKEON, Mr. BOEHNER, Mr. BARTON of Texas, Mr. GINGREY of alizing Congress to require that 2010 census PENCE, Mrs. MCMORRIS RODGERS, Mr. Georgia, Mr. BISHOP of Utah, Mr. forms include a question on citizenship; to PRICE of Georgia, Mr. MCCOTTER, Mr. BARTLETT, Mr. TIBERI, Mr. BACHUS, the Committee on Oversight and Govern- HOEKSTRA, Mr. WILSON of South Mr. BROUN of Georgia, Mr. COLE, Mr. ment Reform. Carolina, Mr. TURNER, Mr. FRANKS of GARRETT of New Jersey, Mr. COFFMAN Arizona, Mr. GALLEGLY, Mr. BISHOP of Colorado, and Mr. SENSEN- f of Utah, Mr. BURTON of Indiana, Mr. BRENNER): BOOZMAN, Mr. BILIRAKIS, Mr. INGLIS, H. Res. 945. A resolution expressing the PRIVATE BILLS AND Mr. LAMBORN, Mr. MILLER of Florida, sense of the House of Representatives regard- RESOLUTIONS ing the conditions for the United States be- Mr. FLEMING, Ms. GRANGER, Mr. coming a signatory to or negotiating any Under clause 3 of rule XII, THORNBERRY, Mr. KLINE of Min- international agreement on greenhouse gas nesota, Mr. ADERHOLT, Mrs. MYRICK, Ms. SCHAKOWSKY introduced a bill emissions under the United Nations Frame- Mrs. BACHMANN, Mr. WITTMAN, Mr. (H.R. 4212) for the relief of Rigoberto work Convention on Climate Change; to the BROUN of Georgia, Mr. PUTNAM, Mr. Padilla; which was referred to the Committee on Foreign Affairs. MACK, Mr. BONNER, Mr. BARRETT of Committee on the Judiciary. By Mr. RUSH (for himself, Mr. CON- South Carolina, Mr. SESSIONS, Mr. YERS, Mr. WATT, Ms. JACKSON-LEE of f LINDER, Mr. SMITH of New Jersey, Mr. Texas, Mr. STUPAK, Mr. TOWNS, Mr. COBLE, Mr. NEUGEBAUER, Mr. TIAHRT, ADDITIONAL SPONSORS GENE GREEN of Texas, Mr. COHEN, Ms. Mr. COFFMAN of Colorado, Mr. HARMAN, Ms. WATERS, Mr. LIPINSKI, Under clause 7 of rule XII, sponsors SOUDER, Mr. GARRETT of New Jersey, Ms. KAPTUR, Mrs. MILLER of Michi- were added to public bills and resolu- Mr. CAO, Mr. MCCAUL, Mr. gan, Mr. COSTELLO, Mr. DAVIS of Illi- FORTENBERRY, Mrs. CAPITO, Mr. ISSA, tions as follows: nois, Ms. KILPATRICK of Michigan, Mr. GINGREY of Georgia, Mr. SAM H.R. 17: Mr. PUTNAM. Ms. EDDIE BERNICE JOHNSON of Texas, OHNSON RAVES H.R. 176: Mr. CONYERS. J of Texas, Mr. G , Ms. Mr. JACKSON of Illinois, Mr. SCOTT of H.R. 205: Mr. BARTON of Texas, Mr. WAMP, FOXX, Mr. TIBERI, Mr. AKIN, Mr. Georgia, Mr. SERRANO, Mr. CARSON of and Mr. CHAFFETZ. CAMPBELL, Mr. ROGERS of Michigan, Indiana, Ms. CLARKE, Mr. H.R. 413: Mr. CUELLAR, Mr. LANCE, Ms. Mr. CONAWAY, Mr. ROE of Tennessee, RUPPERSBERGER, Mr. MCHENRY, Mr. NORTON, Mr. LANGEVIN, Mr. CARNAHAN, and Mr. ALEXANDER, and Mr. POSEY): CLAY, Mr. BUTTERFIELD, Mr. H. Con. Res. 217. Concurrent resolution ex- Mr. PATRICK J. MURPHY of Pennsylvania. DEFAZIO, and Ms. FUDGE): pressing the sense of Congress that the H. Res. 946. A resolution recognizing that H.R. 417: Mr. JACKSON of Illinois, Mr. President, in negotiating any new bilateral the rate of unemployment in the United GRIJALVA, and Mr. SABLAN. strategic arms agreement with the Russian States has reached the level of a national H.R. 537: Ms. BERKLEY. Federation, shall ensure the continued deter- crisis, and for other purposes; to the Com- H.R. 571: Mr. BLUNT. rence capability of the United States stra- mittee on Education and Labor. H.R. 644: Mr. KUCINICH and Mr. HODES. tegic arsenal and flexibility in the allocation By Ms. LEE of California (for herself, H.R. 775: Mr. BURGESS and Ms. FUDGE. of its components in the event that third Mr. GRIJALVA, Ms. JACKSON-LEE of H.R. 836: Mr. ANDREWS and Mr. CARSON of countries may pursue the deployment of sig- Texas, Ms. SLAUGHTER, Mr. RUSH, Mr. Indiana. nificant and technologically advanced nu- JOHNSON of Georgia, and Ms. H.R. 1020: Mr. CAPUANO. clear strategic forces not covered by such a DEGETTE): H.R. 1051: Mr. WITTMAN. United States-Russian arms agreement; to H. Res. 947. A resolution expressing com- H.R. 1067: Mr. SESSIONS. the Committee on Foreign Affairs. mitment to the objectives of the Program of H.R. 1079: Mr. GINGREY of Georgia. By Mr. COFFMAN of Colorado (for Action of the International Conference on H.R. 1132: Ms. WASSERMAN SCHULTZ, Mr. himself, Mr. PERLMUTTER, and Mr. Population and Development; to the Com- DONNELLY of Indiana, and Mr. POLIS of Colo- LUETKEMEYER): mittee on Foreign Affairs. rado.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — HOUSE H13521

H.R. 1189: Mr. ROTHMAN of New Jersey. H.R. 3905: Mr. HIMES, Ms. GINNY BROWN- NAM, Mr. FRELINGHUYSEN, Mr. WHITFIELD, H.R. 1204: Mr. WALZ. WAITE of Florida, Mr. TIBERI, and Mr. WAL- Mr. JONES, Mrs. SCHMIDT, Mr. MCCARTHY of H.R. 1215: Mr. MCDERMOTT. DEN. California, Mr. SHIMKUS, Mrs. CAPITO, Mr. H.R. 1250: Mr. PAYNE and Mr. LATTA. H.R. 3918: Mr. COSTA. HOEKSTRA, Mr. KING of Iowa, Mr. WILSON of H.R. 1326: Mr. HARE and Mr. MICHAUD. H.R. 3928: Mr. KENNEDY. South Carolina, Mrs. BONO MACK, Mr. MACK, H.R. 1402: Mr. BRIGHT. H.R. 3936: Mr. MOORE of Kansas. Mrs. BLACKBURN, Mr. ROE of Tennessee, Mrs. H.R. 1454: Mr. CROWLEY. H.R. 3982: Mr. JACKSON of Illinois, Mr. LUMMIS, Mr. SMITH of Nebraska, Ms. ED- H.R. 1557: Mr. THORNBERRY. POLIS of Colorado, Mr. CARSON of Indiana, WARDS of Maryland, Ms. KAPTUR, Mr. PRICE H.R. 1584: Mr. BILIRAKIS. Mr. BERMAN, and Ms. EDWARDS of Maryland. of Georgia, and Mr. AKIN. H.R. 1613: Mr. KAGEN. H.R. 4004: Ms. SCHAKOWSKY. H. Res. 812: Mr. FRELINGHUYSEN, Mr. H.R. 1719: Ms. CHU, Mr. ABERCROMBIE, Mr. H.R. 4044: Mr. PETERSON. LUETKEMEYER, Mr. SIRES, Mr. SESSIONS, and ELLISON, and Ms. PINGREE of Maine. H.R. 4054: Mr. BOOZMAN. Mr. PAYNE. H.R. 1829: Mr. HARE. H.R. 4067: Mr. SCHRADER, Mr. HALL of New H. Res. 852: Mr. PITTS, Mr. JONES, and Mr. H.R. 1835: Mr. LATOURETTE, Mr. MARSHALL, York, Mrs. KIRKPATRICK of Arizona, Ms. KIL- ROONEY. Mr. OLSON, Ms. WATSON, and Mr. COSTA. ROY, Mr. FOSTER, and Mr. PERRIELLO. H. Res. 860: Ms. MOORE of Wisconsin, Ms. H.R. 1908: Mr. LINDER and Mr. H.R. 4070: Mr. HARE, Ms. HERSETH SANDLIN, PINGREE of Maine, Mrs. HALVORSON, Mr. FOS- PERLMUTTER. Ms. SHEA-PORTER, Mr. JOHNSON of Illinois, TER, Mr. CONNOLLY of Virginia, Mr. MCIN- H.R. 1925: Ms. EDWARDS of Maryland and Mr. BRALEY of Iowa, and Mr. LOEBSACK. TYRE, and Mr. MURPHY of New York. Mr. HIMES. H.R. 4077: Mr. KISSELL. H. Res. 864: Mr. BOSWELL, Mr. GORDON of H.R. 1932: Mr. GORDON of Tennessee. H.R. 4088: Mr. MARIO DIAZ-BALART of Flor- Tennessee, Mr. HALL of New York, Mr. H.R. 1939: Mr. GERLACH. ida, Mr. CALVERT, Mr. MCCOTTER, Mr. ISRAEL, Mr. LARSON of Connecticut, Mr. H.R. 1960: Mr. WAMP and Mr. CHAFFETZ. GALLEGLY, Mr. BACHUS, Mr. POE of Texas, MORAN of Virginia, Mr. NYE, Mr. OBERSTAR, H.R. 1964: Ms. CLARKE. Mr. KISSELL, Ms. TSONGAS, and Mr. DAVIS of Mr. TONKO, Mr. VAN HOLLEN, and Ms. H.R. 2000: Mr. SHULER and Mr. LEVIN. Illinois. WASSERMAN SCHULTZ. H.R. 2006: Mr. PATRICK J. MURPHY of Penn- H.R. 4089: Mr. FORTENBERRY. H. Res. 869: Mr. SCHOCK. sylvania, Mr. CARNEY, and Mr. RYAN of Ohio. H.R. 4092: Mr. GRIJALVA. H. Res. 873: Mr. BLUNT and Mr. FILNER. H.R. 2054: Mr. ETHERIDGE. H.R. 4100: Mr. DEAL of Georgia. H. Res. 900: Mr. BOOZMAN, Mr. WITTMAN, H.R. 4114: Mr. QUIGLEY. H.R. 2132: Mr. MCMAHON. Mr. JOHNSON of Illinois, Mr. LOBIONDO, and H.R. 4115: Mr. MCMAHON, Mr. BRALEY of H.R. 2159: Mr. WEINER and Mr. ENGEL. Mr. WOLF. Iowa, and Mr. HONDA. H.R. 2243: Mr. QUIGLEY. H. Res. 910: Mr. DAVIS of Illinois. H.R. 4123: Mr. RANGEL, Mr. DAVIS of Illi- H.R. 2256: Ms. SCHAKOWSKY and Mr. HILL. H. Res. 911: Mrs. BACHMANN, Mr. COLE, Mr. nois, and Mr. FILNER. H.R. 2280: Mr. REHBERG. AKIN, Mr. ROYCE, Mr. JORDAN of Ohio, Mr. H.R. 4127: Mr. FLEMING, Mr. THORNBERRY, H.R. 2382: Mr. DELAHUNT. PUTNAM, Mr. COFFMAN of Colorado, Mr. and Mrs. MYRICK. H.R. 2404: Mrs. MALONEY. PLATTS, Mrs. BLACKBURN, Mr. BRADY of AHALL H.R. 4131: Mr. MCGOVERN, Mr. KAGEN, Mr. H.R. 2443: Mr. R . Texas, Mr. THORNBERRY, Mr. SESSIONS, Mr. H.R. 2478: Mr. GARRETT of New Jersey and FALEOMAVAEGA, and Mr. GRIJALVA. MCCLINTOCK, Mr. CALVERT, Mr. MCKEON, Mr. Mr. STARK. H.R. 4134: Ms. EDDIE BERNICE JOHNSON of MCCARTHY of California, Mr. KINGSTON, Mr. H.R. 2480: Mr. FRELINGHUYSEN, Mr. ARCURI, Texas and Mr. REYES. CAMP, Mr. GINGREY of Georgia, Mr. BARRETT and Mr. MICHAUD. H.R. 4148: Mr. COURTNEY. of South Carolina, Mr. TIAHRT, Mr. SHUSTER, H.R. 2511: Mr. CARNAHAN. H.R. 4149: Mr. SALAZAR. Mr. HUNTER, Mr. COBLE, Mrs. BIGGERT, and H.R. 2521: Ms. SLAUGHTER. H.R. 4155: Mr. KING of New York, Mr. Mr. CULBERSON. H.R. 2578: Mr. MICHAUD. MAFFEI, Mr. SNYDER, and Mr. PERRIELLO. H. Res. 913: Mr. VAN HOLLEN and Mr. WIL- H.R. 2628: Ms. FALLIN. H.R. 4157: Mr. TERRY and Mr. YOUNG of SON of South Carolina. H.R. 2676: Mr. ELLSWORTH. Florida. H. Res. 924: Mr. THORNBERRY, Mr. AKIN, Mr. H.R. 2788: Mr. GORDON of Tennessee. H.R. 4159: Mr. CONYERS. BISHOP of Utah, Mr. MILLER of Florida, Mr. H.R. 2807: Mr. QUIGLEY and Mr. OLVER. H.R. 4162: Ms. JACKSON-LEE of Texas, Mr. PLATTS, Mr. COFFMAN of Colorado, Mr. ROG- H.R. 2829: Mr. GRIJALVA. HERGER, Mr. REICHERT, Mr. HASTINGS of ERS of Alabama, Mr. FRANKS of Arizona, Mr. H.R. 2855: Ms. BALDWIN and Ms. Washington, and Mrs. MCMORRIS RODGERS. ROONEY, Mr. WILSON of South Carolina, Mr. SCHAKOWSKY. H.R. 4163: Mr. CONYERS and Mr. STARK. KLINE of Minnesota, and Mr. WITTMAN. H.R. 2932: Ms. BALDWIN. H.R. 4165: Mr. HERGER, Mr. WU, Mr. H. Res. 925: Mr. WILSON of South Carolina H.R. 3024: Mr. MORAN of Virginia, Ms. DEFAZIO, Mr. MCDERMOTT, Mr. SIMPSON, Mrs. and Mr. BISHOP of New York. JACKSON-LEE of Texas, Mr. LANGEVIN, and MCMORRIS RODGERS, Mr. HASTINGS of Wash- H. Res. 929: Mr. FILNER, Mr. CUMMINGS, Mr. Ms. SCHWARTZ. ington, and Mr. BAIRD. BACA, Ms. BERKLEY, Mr. SCOTT of Virginia, H.R. 3035: Mr. FRANK of Massachusetts. H.R. 4171: Mr. RODRIGUEZ, Mr. SCHAUER, Mr. MEEKS of New York, Mrs. MALONEY, Ms. H.R. 3129: Mr. BURTON of Indiana and Mr. and Mr. ADLER of New Jersey. CLARKE, Mr. CONYERS, Mr. ABERCROMBIE, Ms. SOUDER. H.R. 4175: Mr. CLAY. SPEIER, and Ms. ZOE LOFGREN of California. H.R. 3227: Mr. ROGERS of Kentucky and Mr. H.R. 4179: Ms. NORTON. H. Res. 932: Mr. GRIJALVA and Ms. CORRINE MASSA. H.R. 4187: Mr. WITTMAN. BROWN of Florida. H.R. 3268: Mrs. MCMORRIS RODGERS. H.R. 4188: Mr. AL GREEN of Texas. H. Res. 933: Mr. STUPAK. H.R. 3401: Mr. JACKSON of Illinois, Mrs. H. Con. Res. 73: Mr. TOWNS and Mr. RUSH. H. Res. 934: Mr. STUPAK. DAVIS of California, Mr. FILNER, Ms. H. Con. Res. 98: Ms. SLAUGHTER. H. Res. 936: Mr. BRIGHT, Mr. PLATTS, and SCHAKOWSKY, Ms. CLARKE, Ms. LORETTA H. Con. Res. 128: Ms. WATERS. Mr. HALL of New York. SANCHEZ of California, Ms. PINGREE of Maine, H. Con. Res. 198: Ms. DEGETTE, Mr. GENE and Ms. ROS-LEHTINEN. GREEN of Texas, Mr. BARROW, Mr. TOWNS, Mr. f H.R. 3463: Mr. SHIMKUS, Mr. CHAFFETZ, and FRANK of Massachusetts, Mr. SESSIONS, Mr. CONGRESSIONAL EARMARKS, LIM- Mr. WAMP. RUSH, Mr. BONNER, Mr. KAGEN, and Mrs. H.R. 3491: Mr. HINCHEY. MYRICK. ITED TAX BENEFITS, OR LIM- H.R. 3524: Mr. CARNEY. H. Con. Res. 216: Ms. RICHARDSON, Mr. ITED TARIFF BENEFITS H.R. 3545: Mr. NADLER of New York. JACKSON of Illinois, Mr. CONYERS, Mr. MEEKS Under clause 9 of rule XXI, lists or H.R. 3564: Mr. BACA. of New York, and Ms. WOOLSEY. statements on congressional earmarks, H. Res. 35: Mr. SHERMAN, Mr. HONDA, Mr. H.R. 3567: Mr. CLEAVER. limited tax benefits, or limited tariff H.R. 3589: Mr. SMITH of New Jersey. MICHAUD, Mrs. HALVORSON, Mr. WAXMAN, Mr. H.R. 3650: Mr. ADLER of New Jersey. KANJORSKI, Mrs. DAHLKEMPER, Mr. ROTHMAN benefits were submitted as follows: H.R. 3669: Mr. COURTNEY. of New Jersey, Mr. STUPAK, Mr. NEAL of Mas- OFFERED BY MR. PETERSON H.R. 3672: Mr. RYAN of Ohio. sachusetts, Mr. HOLDEN, Mr. PATRICK J. The provisions that warranted a referral to H.R. 3697: Mr. KILDEE, Mr. ISSA, and Mr. URPHY of Pennsylvania, Mr. BRADY of M the Committee on Agriculture, in H.R. 4173, KLINE of Minnesota. Pennsylvania, Mr. CROWLEY, Mr. HINOJOSA, the Wall Street Reform and Consumer Pro- H.R. 3699: Mr. CAPUANO. and Mr. WHITFIELD. tection Act of 2009, do not contain any con- H.R. 3715: Mrs. NAPOLITANO. H. Res. 55: Mr. COSTA, Mr. CASTLE, Mr. gressional earmarks, limited tax benefits, or H.R. 3734: Mr. BECERRA and Mr. HINOJOSA. PRICE of Georgia, Mr. MARCHANT, Mr. DAVIS limited tariff benefits as defined in clause 9 H.R. 3749: Mr. BOSWELL. of Tennessee, Mr. WAMP, Mr. TERRY, Mr. of rule XXI. H.R. 3758: Mr. WALDEN, Ms. WASSERMAN BUYER, and Mrs. MYRICK. SCHULTZ, Ms. JENKINS, Mr. PLATTS, Mr. ROG- H. Res. 278: Ms. WOOLSEY. OFFERED BY MR. CONYERS ERS of Kentucky, Mr. CARNEY, Mr. LAMBORN, H. Res. 458: Mr. PASTOR of Arizona. The provisions that warranted a referral to Mr. DUNCAN, Mr. SIMPSON, and Mr. LEE of H. Res. 759: Mr. DEAL of Georgia and Mr. the Committee on Judiciary, in H.R. 4173, New York. BOOZMAN. the Wall Street Reform and Consumer Pro- H.R. 3764: Mr. NYE, Mr. GRIJALVA, and Mr. H. Res. 779: Mr. EHLERS, Mr. PLATTS, Mrs. tection Act of 2009, do not contain any con- QUIGLEY. MILLER of Michigan, Mr. SOUDER, Mr. PUT- gressional earmarks, limited tax benefits, or

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H13522 CONGRESSIONAL RECORD — HOUSE December 3, 2009 limited tariff benefits as defined in clause 9 fits, or limited tariff benefits as defined in DISCHARGE PETITIONS of rule XXI. clause 9 of Rule XXI. OFFERED BY MR. WAXMAN OFFERED BY MS. SLAUGHTER Under clause 2 of rule XV, the fol- The provisions that warranted a referral to The provisions that warranted a referral to lowing discharge petition was filed: the Committee on Energy and Commerce, in the Committee on Rules, in H.R. 4173, the Petition 8, December 2, 2009, by Mr. DEVIN H.R. 4173, the ‘‘Wall Street Reform and Con- Wall Street Reform and Consumer Protec- NUNES on the bill (H.R. 3105) was signed by sumer Protection Act of 2009,’’ do not con- tion Act of 2009, do not contain any congres- the following Members: Devin Nunes, Kevin tain any congressional earmarks, limited tax sional earmarks, limited tax benefits, or lim- McCarthy, Daniel E. Lungren, Patrick J. benefits, or limited tariff benefits as defined ited tariff benefits as defined in clause 9 of Tiberi, John Boozman, Peter J. Roskam, in clause 9 of rule XXI. rule XXI. Wally Herger, Henry E. Brown, Jr., Tom OFFERED BY MR. FRANK OF MASSACHUSETTS f McClintock, Lee Terry, Edward R. Royce, The provisions that warranted a referral to Dean Heller, Darrell E. Issa, John Campbell, the Committee on Financial Services, in DELETIONS OF SPONSORS FROM Steve King, Paul C. Brown, Duncan Hunter, H.R. 4173, the Wall Street Reform and Con- PUBLIC BILLS AND RESOLUTIONS Thaddeus G. McCotter, Pete Sessions, Ken Calvert, Brian P. Bilbray, Doug Lamborn, sumer Protection Act of 2009, do not contain Under clause 7 of rule XII, sponsors any congressional earmarks, limited tax Sue Wilkens Myrick, Dana Rohrabacher, Doc benefits, or limited tariff benefits as defined were deleted from public bills and reso- Hastings, George Radanovich, Jason in clause 9 of rule XXI. lutions as follows: Chaffetz, Paul Ryan, Trent Franks, Mary OFFERED BY MR. SPRATT H.R. 1880: Mr. CLAY. Bono Mack, Jim Costa, Gary G. Miller, How- ard P. ‘‘Buck’’ McKeon, Jerry Lewis, John The provisions that warranted a referral to f Sullivan, J. Gresham Barrett, David P. Roe, the Committee on the Budget in H.R. 4173, Peter Hoekstra, Adrian Smith, Jo Ann the Wall Street Reform and Consumer Pro- PETITIONS, ETC. Emerson, Steve Austria, Ander Crenshaw, tection Act of 2009, do not contain any con- Under clause 1 of Rule XXII, peti- Louie Gohmert, Glenn Thompson, Cynthia gressional earmarks, limited tax benefits, or tions and papers were laid on the M. Lummis, John Shimkus, Geoff Davis, limited tariff benefits as defined in clause 9 clerk’s desk and referred as follows: Tom Cole, and Gregg Harper. of rule XXI. 85. The SPEAKER presented a petition of OFFERED BY MR. TOWNS Seventh Legislature of the State of Yap, Mi- f The provisions that warranted a referral to cronesia, relative to Resolution No. 7-156 ex- the Committee on Oversight and Govern- pressing a deep sense of sadness and remorse DISCHARGE PETITIONS— ment Reform, in H.R. 4173, the Wall Street to the U.S. Congress and family of the late Reform and Consumer Protection Act of 2009, Senator Edward M. Kennedy over his un- ADDITIONS OR DELETIONS do not contain any congressional earmarks, timely passing; to the Committee on Over- The following Members added their limited tax benefits, or limited tariff bene- sight and Government Reform. fits as defined in clause 9 of rule XXI. 86. Also, a petition of New Orleans City names to the following discharge peti- OFFERED BY MR. RANGEL Council, Louisiana, relative to Resolution R- tion: The provisions that warranted a referral to 09-574 urging the U.S. Congress and the Petition 7 by Mr. HOEKSTRA on the bill the Committee on Ways and Means, in H.R. President of the United States to authorize (H.R. 2294): Mike Pence, Aaron Schock, 4173, the Wall Street Reform and Consumer and fully fund Option 2 for the three lake Henry E. Brown, Jr., Darrell E. Issa, Michael Protection Act of 2009, do not contain any front pumping stations; to the Committee on T. McCaul, Roscoe G. Bartlett, Joe Barton, congressional earmarks, limited tax bene- Transportation and Infrastructure. John Sullivan, and Sam Graves.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD09\H03DE9.REC H03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE 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, THURSDAY, DECEMBER 3, 2009 No. 178 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. bers are prepared to be here Saturday called to order by the Honorable GILLIBRAND, a Senator from the State of New and Sunday, but many would like to KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. know whether there will be an oppor- the State of New York. ROBERT C. BYRD, tunity to go to church Sunday morn- President pro tempore. ing. PRAYER Mrs. GILLIBRAND thereupon as- Mr. REID. Of course. I think it very sumed the chair as Acting President likely we wouldn’t come in until noon, The Chaplain, Dr. Barry C. Black, of- pro tempore. fered the following prayer: or somewhere around noon on Sunday. Let us pray. f I would indicate to my friend it ap- Our Father in Heaven, You know all RECOGNITION OF THE MAJORITY pears that the next opportunity for the roads by which each of us has come LEADER amendment will be when we complete to serve in our government’s legisla- this. It is my understanding Senator The ACTING PRESIDENT pro tem- BEN ELSON tive branch. You know the pathway our N is ready, he has an amend- pore. The majority leader is recog- ment, and I think we have given it to feet now are treading and what the fu- nized. your staff. This may be one where it is ture holds, for You are the architect of f sponsored by people on your side also, our destinies. and then we will wait to see what your Give our Senators strength sufficient SCHEDULE next amendment will be. for this day. Remind them that their Mr. REID. Madam President, fol- Mr. MCCONNELL. I would say to my times are in Your hands. Infuse them lowing leader remarks, the Senate will friend, obviously, I assume we are with the blessed assurance that You resume consideration of H.R. 3590, the going to continue to proceed with your are the love that never forgets, the health reform legislation. There will be side offering one and my side offering light that never fails, and the life that up to 10 minutes, equally divided, be- one. never ends. Keep them close to You and tween the managers of the bill. The re- Mr. REID. We will show those to each open to each other as they do the tasks maining time until 11:45 a.m. will be di- other before that happens. that preserve our freedoms. We pray in vided and controlled equally between Mr. MCCONNELL. All right. Your sovereign Name. Amen. Senator MIKULSKI and the minority f f leader or their designees. At 11:45 a.m., this morning, the Sen- HEALTH CARE REFORM PLEDGE OF ALLEGIANCE ate will proceed to a series of two roll- Mr. REID. Madam President, we in The Honorable KIRSTEN E. call votes. The first vote will be in re- this Chamber, a lot of times, talk as if GILLIBRAND led the Pledge of Alle- lation to the Mikulski amendment, No. no one is listening to what we are say- giance, as follows: 2791, as modified, to be followed by a ing, as though we are talking to our- I pledge allegiance to the Flag of the vote on the Murkowski amendment, selves. But that is not true. The Amer- United States of America, and to the Repub- No. 2836. ican people are listening and they are lic for which it stands, one nation under God, Following those votes, the time until watching. That is good. But this morn- indivisible, with liberty and justice for all. 2:45 p.m. will be equally divided and ing I have good news and I have some bad news. The good news is, Senate Re- f controlled between Senators BAUCUS and MCCAIN or their designees. At 2:45 publicans finally—finally, at long APPOINTMENT OF ACTING p.m., the Senate will proceed to vote in last—have put a detailed plan down on PRESIDENT PRO TEMPORE relation to the Bennet of Colorado paper. The bad news is, it is not as we The PRESIDING OFFICER. The amendment, No. 2826, to be followed by had hoped—a plan to make health in- clerk will please read a communication a vote in relation to the McCain mo- surance more affordable, it is not one to the Senate from the President pro tion to commit. that makes health insurance compa- tempore (Mr. BYRD). All four votes today will be subject nies more accountable, and it is cer- The bill clerk read the following let- to a 60-vote affirmative threshold for tainly not a plan to reverse rapidly ris- ter: adoption. ing health care costs and draw down Mr. MCCONNELL. Would my friend our deficit, such as the plan that has U.S. SENATE, been submitted to the Senate and is PRESIDENT PRO TEMPORE, yield for a question before making his Washington, DC, December 3, 2009. opening remarks? now before the Senate by the Demo- To the Senate: Mr. REID. I would be happy to yield. crats. Under the provisions of rule I, paragraph 3, Mr. MCCONNELL. I would say to my Again, the plan we had hoped to re- of the Standing Rules of the Senate, I hereby friend, since it is Thursday, my Mem- ceive from the Republicans would be to

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

S12261

.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12262 CONGRESSIONAL RECORD — SENATE December 3, 2009 make insurance more affordable, it Well, as we see in the press, today, order is a preexisting condition, and would be one to make health insurance anyway, this has caused outrage. It is a because of that policy of the insurance companies more accountable, and it catalogue of obstructions—a catalogue industry, which is reprehensible, they would be a plan to reverse the rapidly of instructions to obstruct. But what refuse to cover her. They refuse to rising health care costs and draw down disappoints me most about this is what cover this young woman at the exact our deficit. But, no, the Republican isn’t here. Nowhere in this Republican moment she needs it the most. She plan we have waited weeks and months plan is a strategy to lower premiums; then tried to go get some help from to see doesn’t do any of those things. In not a single word about how to make Medicaid. What did she hear in re- fact, it is not even about health care at sure more of our citizens can afford to sponse? She doesn’t qualify because she all, even though it is on the health care stay healthy; can’t even find one idea isn’t pregnant, she doesn’t have chil- bill, this plan they have outlined. The for stopping insurance companies from dren, and they say she doesn’t have a first and only plan Senate Republicans denying health care to the sick. You disability. bothered to draft is an instructional see, my Republican friends have been So how can you take a woman such manual on how to bring the Senate to so busy coming up with games and as Alysia out of your mind? I think she a screeching halt. We knew that was gambits, with ways to distort and is probably following this debate. It happening anyway, but they had the delay, with scare tactics and stalling means a lot more to her, this debate, audacity to put it in writing. tactics, that they haven’t left time to than a legislative exercise or a polit- Madam President, I ask unanimous come up with solutions to one of the ical objective. She will pick up the consent to have printed in the RECORD most profound crises in the history of newspaper this morning, turn on the the letter I will be referring to. our country. The Senate might be in- news, or go online to read about what The ACTING PRESIDENT pro tem- terested to learn that the architect be- is happening in the Senate. Why? Be- pore. Without objection, it is so or- hind this blueprint is none other than cause it affects her health—her pain dered. the former chair of the Budget Com- and suffering. She probably remembers (See exhibit 1.) her grade school textbook teaching her Mr. REID. Madam President, here are mittee, the senior Senator from New that this is the world’s greatest delib- some of the highlights of the Repub- Hampshire. It is worth noting that this erative body and she is eager to find lican plan laid out in the letter I re- Senator—who, more than any other, out about how those deliberations are ferred to: often speaks publicly about how to Tips on how to force the full reading properly use citizens’ tax dollars—has going. She is eager to learn what we of all amendments—long amendments, now signed his name to a plan with the are going to do with a system that short amendments. explicit goal of wasting the taxpayers’ makes it impossible for her to get I have no objection to transparency. time and money. health care. That is important. Every Senator Less than 2 weeks ago, the author of Who knows, she might even be should know what he or she is voting this document, along with every single watching C–SPAN as we speak. Can on, but let’s be truly transparent. We one of his fellow Republicans—every you imagine being Alysia and going all know that those who would ask for one—voted against even letting the through all that she has gone through, such readings have no intention of sit- Senate debate this bill. He didn’t even counting on your leaders to right the ting in this Chamber, listening to the want to give the American people the wrongs that we know exist, and this is Senate clerks. Any suggestion other- opportunity to watch this debate take what she finds—a Senator writing a wise is simply disingenuous. place—to discuss and defend his posi- letter on how to guide avoiding the This document explains how to ma- tion. Now he expects us to believe his tough decisions that will affect her life nipulate points of order. Yes, that is only motive is making sure the minor- and maybe even save her life. what I said, manipulate points of ity party’s voice can be heard. It is not hard to imagine. We all order—a complex but important part of No one believes that because it know you don’t have to have a bad the legislative process. Yet these Sen- couldn’t be any further from what the health history, such as Alysia’s, to tell ators have no intention of examining Founders had in mind. They didn’t a similar story of your own. You may the procedures of the Senate or any write this esteemed body’s rules so we have had an accident in your early constitutional rules. could stare at the hands of the clock— days. You may have diabetes. It The document says it in plain lan- which are right up here—as they rotate doesn’t matter. You don’t need kidney guage. The whole purpose of the docu- around each other without end. So let’s disease for insurance companies to ment, dated the day before yesterday— not pretend the Republican strategy is take away your health insurance. As it December 1—a ‘‘Dear Republican col- anything different than what it is. stands now, they can deny you cov- league’’ letter, is to set forth how to After all, Republicans certainly aren’t erage because of high cholesterol, be- slow things down, as if they needed trying to hide it. cause you have allergies or maybe you more help to slow things down. Ninety- When I see these kinds of political have had minor surgery or maybe be- one times this year they have already games, I think of many cases in Nevada cause you are a woman. Maybe your done that. But on this bill—this bill and around the country, but, in par- mom had breast cancer. These are all that affects every person in America— ticular, I think of a woman from Las reasons they use to deny coverage. to put in writing that they are going to Vegas named Alysia. She wrote me a We all know that, much like our Re- do everything they can to stop this, to letter when the health care debate was publican colleagues, insurance compa- delay this, is beyond something that I getting underway. She is in her early nies will use any excuse in the book to think the American people can com- twenties. I don’t know if she is a Demo- just say no. prehend. crat, an Independent, or a Republican. For many good people in Nevada and The document says in plain language It doesn’t matter. She was born with a throughout the Nation, it is a painful, that is their intention. It even con- kidney disease, a bad kidney disease. terrible reality. That is one of the dones using this tactic ‘‘without She has suffered with it every day of many problems our good bill fixes. cause.’’ Do this without any reason. her life, and these days she desperately The American people see transparent Just do it. The rules allow it, so go needs surgery. But she is not going to tricks like this—it is a shameful ahead and do it. It stalls things. This get surgery. scheme—for what they are. The Amer- letter admits, in no uncertain terms, Similar to so many in Nevada and ican people could not be impressed. that the goal of this tactic is to delay. across the Nation, Alysia recently lost They are not impressed. I can’t decide I didn’t make up the word. It is in here. her job. With her job lost, she lost her which should disappoint the American It is as clear as day. insurance and her health care. So citizens more, that the Senate Repub- But there is more in this plan. It also Alysia went out and tried to buy a new licans are happily wasting time or that advises Senators on how to ‘‘extend plan to help her afford her care. No one they are so eager to admit it. But here consideration of a measure,’’ which will give her insurance. She can’t find is one thing I do know, this is no way motions ‘‘may be filibustered,’’ and a job to get group insurance. to govern, no way to legislate, this is when Senators might ‘‘offer an unlim- What did the insurance companies no way to lead, and especially no way ited number of motions.’’ tell her—plural? That her kidney dis- to lead our country, our constituents,

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12263 back to health. The bill before the Sen- unanimous consent. If UC is not granted to be used to fight efforts to block the minority ate saves lives, saves money, and saves dispose of a routine quorum call, then the from offering all of their amendments, be- Medicare. roll must continue to be called. If a quorum cause a single amendment could be drafted, is not present, the only motions the leader- offered at a point when such an amendment EXHIBIT 1 ship may make are to adjourn, to recess is in order, and then divided into multiple U.S. SENATE, under a previous order, or time-consuming component parts for separate consideration Washington, DC, December 1, 2009. motions to establish a quorum that include and votes. Demanding division of amend- DEAR REPUBLICAN COLLEAGUE: As we em- requesting, requiring, and then arresting ments can also be used to extend consider- bark on Senate debate of Majority Leader Senators to compel their presence in the ation of a measure. Amendments to strike Reid’s massive $2.5 trillion health care re- Senate chamber. and insert text cannot be divided. form legislation, it is critical that Repub- II. Rights Available to Minority During Con- Motions to Recommit Bills to Committee lican senators have a solid understanding of sideration of Measures in Senate (Many With or Without Instructions—A Senator the minority’s rights in the Senate. of these rights are regularly waived by may make a motion to recommit a bill to I think that we can all agree that the Unanimous Consent.) the committee with or without instructions Democrats’ bill is the wrong choice for our to the Committee to report it back to the nation. It will impact one-sixth of our econ- Motions to Proceed to Measures—with the exception of Conference Reports and Budget Senate with certain changes or additions. omy, vastly grow the government, and pile Such instructions are amendable. tremendous debt on future generations. We Resolutions, most such motions are fully de- AFTER PASSAGE GOING TO CONFERENCE, MO- are at an important crossroads both for the batable and 60 votes for cloture is needed to TIONS TO INSTRUCT CONFEREES, MATTERS OUT economy and for the health care system. cut off extended debate. Reading of Amendments and Conference OF SCOPE OF CONFERENCE Therefore, it is imperative that our voices Reports in Entirety—In most circumstances, are heard during this debate. Going to Conference—The Senate must We, the minority party, must use the tools the reading of the full text of amendments pass 3 separate motions to go to conference: we have under Senate rules to insist on a may only be dispensed with by unanimous (1) a motion to insist on its amendments or full, complete and fully informed debate on consent. Any Senator may object to dis- disagree with the House amendments; (2) a the health care legislation—as well as all pensing with the reading. If, as is often the motion to request/agree to a conference; and legislation—coming before the Senate. As case when the Senate begins consideration of (3) a motion to authorize the Chair to ap- laid out in the attached document, we have a House-passed vehicle, the Majority Leader point conferees. The Senate routinely does certain rights before measures are consid- offers a full-text substitute amendment, the this by UC, but if a Senator objects the Sen- ered on the floor as well as certain rights reading of that full-text substitute amend- ate must debate each step and all 3 motions during the actual consideration of measures. ment can only be waived by unanimous con- may be filibustered (requiring a cloture vote Every Republican senator should be familiar sent. A member may only request the read- to end debate). with the scope of these rights, which serve to ing of a conference report if it is not avail- Motion to Instruct Conferees—Once the protect our ability to speak on behalf of the able in printed form (100 copies available in Senate adopts the first two motions, Sen- millions of Americans who depend on us to the Senate chamber). ators may offer an unlimited number of mo- Senate Points of Order—A Senator may be their voice during this historic debate. tions to instruct the Senate’s conferees. The I hope you find the attached information make a point of order at any point he or she motions to instruct are amendable—and di- helpful. If you have any questions, please believes that a Senate procedure is being visible upon demand—by Senators if they contact my communications office. violated, with or without cause. After the contain more than one separate and distinct Sincerely, presiding officer rules, any Senator who dis- instruction. agrees with such ruling may appeal the rul- JUDD GREGG. Conference Reports, Out of Scope Mo- ing of the chair—that appeal is fully debat- tions—In addition to demanding a copy of FOUNDATION FOR THE MINORITY PARTY’S able. Some points of order, such as those RIGHTS IN THE SENATE (FALL 2009) the conference report to be on every Sen- raised on Constitutional grounds, are not ator’s desk and raising Budget points of The Senate rules are designed to give a mi- ruled on by the presiding officer and the order against it, Senators may also raise a nority of Senators the right to insist on a question is put to the Senate, then the point point of order that it contains matter not re- full, complete, and fully informed debate on of order itself is fully debatable. The Senate lated to the matters originally submitted to all measures and issues coming before the may dispose of a point of order or an appeal the conference by either chamber. If the Senate. This cornerstone of protection can by tabling it; however, delay is created by Chair sustains the point or order, the provi- only be abrogated if 60 or more Senators vote the two roll call votes in connection with sion(s) is stricken from the conference agree- to take these rights away from the minority. each tabling motion (motion to table and ment, and the House would then have to ap- I. Rights Available to Minority Before Meas- motion to reconsider that vote). prove the measure absent the stricken provi- ures are Considered on Floor (These Budget Points of Order—Many legislative sion (even if the House had already acted on rights are normally waived by Unani- proposals (bills, amendments, and conference the conference report). The scope point of mous Consent (UC) when time is short, reports) are subject to a point of order under order can be waived by 60 Senators. but any Senator can object to the waiv- the Budget Act or budget resolution, most of Availability of Conference Report Lan- er.) which can only be waived by 60 votes. If guage. The conference report must be pub- New Legislative Day—An adjournment of budget points of order lie against a measure, licly available on a website 48 hours in ad- the Senate, as opposed to a recess, is re- any Senator may raise them, and a measure vance prior to the vote on passage. quired to trigger a new legislative day. A cannot be passed or disposed of unless the new legislative day starts with the morning points of order that are raised are waived. f (See http://budget.senate.gov/republican/ hour, a 2-hour period with a number of re- RECOGNITION OF THE MINORITY quired procedures. During part of the ‘‘morn- pressarchive/PointsofOrder.pdf ) ing hour’’ any Senator may make non-debat- AMENDMENT PROCESS LEADER able motions to proceed to items on the Sen- Amendment Tree Process and/or Filibuster The ACTING PRESIDENT pro tem- ate calendar. by Amendment—until cloture is invoked, pore. The Republican leader is recog- One Day and Two Day Rules—The 1-day Senators may offer an unlimited number of nized. rule requires that measures must lie over amendments—germane or non-germane—on one ‘‘legislative day’’ before they can be con- any subject. This is the fullest expression of f sidered. All bills have to lie over one day, a ‘‘full, complete, and informed’’ debate on a whether they were introduced by an indi- measure. It has been necessary under past HEALTH CARE REFORM vidual Senator (rule XIV) or reported by a Democrat majorities to use the rules gov- Mr. MCCONNELL. Madam President, committee (rule XVII). The 2-day rule re- erning the amendment process aggressively this measure was in the majority lead- quires that IF a committee chooses to file a to ensure that minority Senators get votes er’s office for 6 weeks. It has only been written report, that committee report MUST on their amendment as originally written on the floor of the Senate for 3 days. I contain a CBO cost estimate, a regulatory (unchanged by the Majority Democrats.) impact statement, and detail what changes Substitute Amendments—UC is routinely think it is clearly not the case that the the measure makes to current law (or pro- requested to treat substitute amendments as Republicans want to delay a process vide a statement why any of these cannot be original text for purposes of further amend- that we have only now gotten an oppor- done), and that report must be available at ment, which makes it easier for the majority tunity to participate in, since this has least 2 calendar days before a bill can be con- to offer 2nd degree amendments to gut 1st been a strictly partisan venture from sidered on the Senate floor. Senators may degree amendments by the minority. The mi- the beginning. But we will have an op- block a measure’s consideration by raising a nority could protect their amendments by portunity over a number of weeks to point of order if it does not meet one of these objecting to such UC’s. requirements. Divisible Amendments—amendments are offer amendments. We will have four ‘‘Hard’’ Quorum Calls—Senate operates on divisible upon demand by any Senator if votes today and hopefully we can pro- a presumptive quorum of 51 senators and they contain two or more parts that can ceed at a more rapid pace than we got quorum calls are routinely dispensed with by stand independently of one another. This can off to in the first couple of days. Of

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12264 CONGRESSIONAL RECORD — SENATE December 3, 2009 course the reason we didn’t have votes seniors in rural areas who would other- Mr. MCCONNELL. I will be happy to last night was because there were ob- wise have limited access to care. Sen- yield to the Senator from New Hamp- jections on that side of the aisle. But iors have shown they want this plan. shire. hopefully we are now into a process And I daresay that if you had asked Mr. GREGG. The Senator is abso- where we can go forward without the seniors earlier this year what they ex- lutely right to point out the Bennet kind of delay that we had generated by pected health care reform would look amendment is a shell game, charade, both sides over the last couple of days. like, it wouldn’t have involved massive and a farce; that there will still be Yesterday some of our friends on the cuts to a program that they have $1⁄2 trillion in the first 10 years but ac- other side were at great pains to ex- shown they like and want. tually $2.5 trillion over the period 2010 plain one of the core pieces of their Medicare Advantage has also been to 2029 to be cut out of Medicare. health care plan. I am referring of proven to help in a particular way low- Earlier the majority leader came to course to the massive cuts in Medicare income and minority seniors. That is the floor and talked about a memo that they plan to make as a way of expand- one of the reasons minorities are more I sent around, which is a fairly innoc- ing government’s reach even further likely to enroll in it. So this program uous memo to our fellow Members, into the lives and, more specifically, has given a boost to historically dis- which outlined the rights to fellow into the medical care of every Amer- advantaged populations and helped Members relative to floor activity, and ican. give them a greater measure of dignity I sent in my position as Budget rank- I have no doubt that our friends were toward the end of their lives. ing member, because most of these reluctant to call for these cuts. But in These cuts are bad enough. But de- issues are tied to the budget, and the the middle of a recession, and at a time spite what our friends have said, the covering letter said we as a minority when more than 1 in 10 working Ameri- Democrat plan for Medicare Advantage must use the tools we have under the cans is looking for work, it isn’t easy doesn’t stop here because their bill also Senate rules to insist on a full, com- to find $1/2 a trillion lying around. gives the Medicare Commission ex- plete, and fully informed debate on They had to find the money some- plicit new authority to cut even more health care legislation as well as all legislation that comes before the Sen- where. And so they set their sights on from this popular program in the years ate. Medicare. ahead. I ask the Republican leader, is it not Republicans have been entirely con- The President has repeatedly said reasonable that we should have a full, sistent in this debate: Medicare is al- that people who like the plans they complete, and fair debate on this ready in trouble. The program needs to have will be able to keep them under health care bill? be fixed, not raided to create another his plan. He has said people currently Mr. MCCONNELL. I say to my friend new government program. We have signed up for Medicare Advantage will fought these senseless cuts from the from New Hampshire, we know this bill have the same level of benefits under outset. And we will continue to fight was produced by Democrats in com- his plan. mittee. Then it went to the majority them. Well, common sense tells us that you Democrats, meanwhile, have taken a leader’s conference room and stayed can’t cut $120 billion from a benefits novel approach. They have apparently there for 6 weeks. There were no Re- program without affecting benefits, decided there is no way to defend these publicans in those meetings, not a one. and the independent Congressional Medicare cuts, so they will just deny So after being in the majority leader’s they are doing it. It hardly passes the Budget Office confirms what common conference room for 6 weeks, it has smell test. sense tells us, and they actually quan- been on the floor of the Senate for 3 Here are the facts. According to this tify it. days. This will be the fourth day. bill: Medicare Advantage is cut by $120 CBO says the bill we are debating To suggest that Republicans don’t billion; hospitals that treat Medicare will cut extra benefits that seniors re- want to offer many amendments to patients are cut by $135 billion; home ceive through Medicare Advantage by this massive 2,000-page bill that seeks health care is cut by more than $42 bil- more than half. The fact is, cuts to to restructure one-sixth of our econ- lion; nursing homes are cut by nearly Medicare Advantage are cuts to Medi- omy is nonsense. The American people $15 billion; hospice care is cut by $7.6 care. And if it is true of Medicare Ad- will not stand for not having a free and billion. vantage, it is true of the other Medi- open amendment process during the These are the cuts that our friends on care cuts in this bill. Democrats can course of this debate. This is a debate, the other side claim not to be cuts. deny these cuts all they want. Seniors I say to my friend from New Hamp- This is the plan that our friends on the aren’t buying it. shire, the American people deserve to other side have said will ‘‘save Medi- Later this afternoon we are going to have for a considerable period of time. care’’—a talking point so plainly con- have a Bennet amendment, Bennet of For goodness’ sake, we spent 4 weeks tradicted by the facts, it is almost im- Colorado, as a side-by-side to Senator on a farm bill in the last Congress. F possible to repeat it with a straight MCCAIN’s motion, which would send Mr. GREGG. If the Republican leader face. back to committee the Medicare cuts will yield further, it is ironic, is it not, One Democrat took this strategy to a in this bill and ask the committee to that the majority leader would come to new level yesterday when he declared report it back without them. I want to the floor and complain about an innoc- on the floor that it wasn’t even accu- comment briefly on the Bennet amend- uous statement that outlines the rules rate to describe cuts to Medicare Ad- ment and we are going to have more to which Members of the Senate have, a vantage as cuts because Medicare Ad- say on that during the course of to- statement which I suspect he actually vantage, he said, is not a Medicare Pro- day’s debate. would pass out to his members for in- gram. This amendment is a shell game, a formation were they in the minority— Well, that is apparently news to the shell game designed to hide the $1⁄2 tril- maybe even in the majority, because Department of Health and Human lion in cuts I have been talking about. they would like to know how the rules Services, which states on its Web site, The Bennet of Colorado amendment is work in the Senate—after the majority in words as plain as the alphabet that a shell game designed to hide the leader had completely subverted the ‘‘Medicare Advantage plans . . . are $1⁄2 trillion in cuts I have described. If rules of the Senate by not taking this part of the Medicare program.’’ And it the Bennet amendment passes, the bill 2074-page bill through committee so it is news to the millions of American will still cut $1⁄2 trillion from Medicare. could be amended, in the open, so it seniors who depend on this popular pro- Let me say that again. If the Bennet could be amended but, rather, writing gram for their care. of Colorado amendment passes, the bill it in the back room, some closet At the moment, Medicare Advantage will still cut $1⁄2 trillion from Medicare. around here, with three or four Mem- has nearly 11 million enrollees looking It does not protect Medicare. There is bers of the Senate present? Isn’t there at it another way, or nearly one-fourth only one way to protect Medicare and an ironic inconsistency to his outrage of all Medicare beneficiaries are on that is to support the McCain motion. on the fact that we suggested people Medicare Advantage. I yield the floor. should know the rules here while he In recent years, this program has Mr. GREGG. Will the Senator yield has basically tried to go around the proven to be particularly popular with for a question? rules?

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12265 Mr. MCCONNELL. I say to my friend ing the Senate is not the House— The time between now and 11:45 is for from New Hampshire, nobody is going praised the procedures in the Senate. If debate on the amendment by the Sen- to buy outrage over a mere 40 Members ever there were a measure, if ever in ator from Maryland, Ms. MIKULSKI, the out of 100 Members of the Senate hav- the history of America there were a chairwoman of the Subcommittee on ing an opportunity, for the first time, measure that the Americans expect us Retirement and Aging of the Health, to offer amendments. The majority, by to take our time on and to get it right, Education, Labor and Pensions Com- the way, has the right to do this, and I it is this one, this massive 2,000-page mittee. don’t complain about it. They are effort to restructure one-sixth of our And at the same time, we will debate going to offer an amendment for every economy and have the government the side-by-side amendment by the amendment we offer, so not only did take over all of American health where Senator from Alaska, Ms. MURKOWSKI. they have the bill in their conference we see, in all of the public opinion At 11:45, the Senate will conduct two room in secret for 6 weeks, out here on polls, people are saying please don’t back-to-back rollcall votes on the two the floor they are going to get 50 per- pass this—they want to try to rush it. amendments, first on the amendment cent of the amendments we vote on. I They want to try to rush it, try to by the Senator from Maryland, and don’t think they will be able, with a get it through here in a heck of a second on the amendment by the Sen- straight face, to convince the Amer- hurry, back it up against Christmas. I ator from Alaska. ican people that somehow the 40 of us have said to the majority leader, we Thereafter, we will conduct approxi- who are asking for an opportunity to are happy to be here. We are going to mately 2 hours of debate on the McCain amend a bill that all the surveys indi- be here Saturday and Sunday. I did ask motion to commit on Medicare and the cate the American people don’t want us for an opportunity for Members to go side-by-side amendment by the Senator to pass is somehow unfair. to church Sunday morning, if they from Colorado, Mr. BENNET. Mr. GREGG. I will ask one more want to, and the majority leader indi- At 2:45, the Senate will conduct two question because I find the irony in the cated that would be permissible. But back-to-back votes on the amendment situation so unique. A memo which after that, we will be here and ready to by the Senator from Colorado, followed outlines what the rights are of all vote. by a vote on the motion to commit by Members—but Members of the minor- Mr. GREGG. I thank the Republican the Senator from Arizona. ity specifically because the rules are leader for his response. I suspect, were Thereafter, we expect to turn to an- meant to protect the minority from the majority leader in the minority, he other Democratic first-degree amend- the majority; that is the tradition of would be insisting on exactly what the ment and another Republican first- our Government, of course, which Republican leader is insisting on—a degree amendment. seems to be an affront to the majority fair and open debate which allows the This is the fourth day on this bill, at this point—that a memo of that na- minority to make its case as to the and we are only late this morning com- ture, which essentially says the minor- good points in this bill and as to the ing to our first vote. Even for the U.S. ity has certain rights in order for the bad points. The way you make that Senate, this is a slow pace. institution to function correctly—I am case is by following the rules of the I note that some have made plans for wondering, why did we create these Senate; is that not correct? delaying this bill in even more extreme rules in the first place? Wasn’t it so we Mr. MCCONNELL. The American peo- fashion. As the majority leader noted, could continue the thought of Adams, ple expect and deserve no less than ex- on Tuesday, one Senator circulated a of Madison, who suggested that the actly what we have been discussing. list of delaying tactics available under Senate should be the place where, when I yield the floor. the Senate rules. legislation comes forward which has f I presume all Senators know the Sen- been rushed through the House, the RESERVATION OF LEADER TIME ate’s rules already. So to send the let- Senate should be the place where that ter leaves the impression that that The ACTING PRESIDENT pro tem- legislation receives a deliberative view, Senator would like to urge Senators to pore. Under the previous order, the where it is explored as to its unin- use some of the delaying tactics stated leadership time is reserved. tended consequences and as to its con- in the memo. sequences generally, and where the f But I urge a more cooperative course. body has the opportunity to amend it SERVICE MEMBERS HOME Out of courtesy to other Senators who effectively so it can be improved? Isn’t OWNERSHIP TAX ACT OF 2009 desire to offer amendments. I urge my that the purpose of the Senate? And The ACTING PRESIDENT pro tem- colleagues to allow us to reach unani- isn’t that what the rules of the Senate pore. Under the previous order, the mous consent agreements to order the are designed to do, to accomplish the Senate will resume consideration of voting of future amendments in a more goals of our Founding Fathers to have H.R. 3590, which the clerk will report. timely fashion. That is simply the only a Senate where the legislation is ade- The bill clerk read as follows: way that we can ensure that more col- quately aired and considered versus A bill (H.R. 3590) to amend the Internal leagues will have the time and oppor- being rushed through in a precipitous Revenue Code of 1986 to modify the first-time tunity to offer and debate their amend- way? home buyers credit in the case of members of ments. Mr. MCCONNELL. It was George the Armed Forces and certain other Federal I thank all Senators. Washington who presided over the Con- employees, and for other purposes. The ACTING PRESIDENT pro tem- stitutional Convention who was asked: Pending: pore. The Senator has consumed his General, what do you think the Senate Reid amendment No. 2786, in the nature of time. is going to be like? a substitute. Mr. BAUCUS. I ask unanimous con- He said: I think it is going to be like Mikulski amendment No. 2791 (to amend- sent that the order of December 2 be the saucer under the tea cup and the ment No. 2786), to clarify provisions relating modified to delete all after the word tea is going to slosh out of the cup to first-dollar coverage for preventive serv- ices for women. ‘‘table.’’ down into the saucer and cool off. That McCain motion to commit the bill to the The ACTING PRESIDENT pro tem- is precisely the point the Senator Committee on Finance, with instructions. pore. Without objection, it is so or- raises, which is the Senate is the place The ACTING PRESIDENT pro tem- dered. viewed to be a body that ought to and pore. Under the previous order, there Mr. BAUCUS. I ask unanimous con- correctly takes its time. The House of will be 10 minutes equally divided for sent that the debate time from 2 to 2:45 Representatives passed this massive re- the bill managers to speak. this afternoon be divided as follows in structuring of one-sixth of our econ- The Senator from Montana. the order listed: the first 171⁄2 minutes omy in 1 day with three amendments— Mr. BAUCUS. Madam President, I under the control of Senator MCCAIN or 1 day. That is not the way the Senate yield myself 21⁄2 minutes from the time his designee; the next 17 minutes under operates. I can remember when our under the control of the managers. the control of Senator BAUCUS or his friends on the other side were in the For the benefit of all Senators I want designee; and the final 10 minutes, 5 minority. Specifically, I can remember to take a moment to lay out today’s minutes each for Senator MCCAIN and the now-assistant majority leader say- program. Senator BENNET of Colorado.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12266 CONGRESSIONAL RECORD — SENATE December 3, 2009 The ACTING PRESIDENT pro tem- committee without a single Republican passed along to consumers, or perhaps will pore. Without objection, it is so or- vote. It wasn’t published. We didn’t see be hidden in lost wages. This is the paleo- dered. the final version until September 17. liberal school of brute-force wealth redis- The Senator from Iowa. The ones that were really something tribution, and a very long way from the re- Mr. HARKIN. Madam President, I peated White House claims that reform is all that could have made a difference were about ‘‘bending the cost curve.’’ The only heard the distinguished minority lead- taken out without the permission of thing being bent here is the budget truth. er earlier in his comments say that one any Republican Senator. That is not Moreover, CBO is almost certainly under- of the reasons they are slowing this bill bipartisan. estimating the cost increases. Based on its down and having all this debate is it We talked about how many hours we county-by-county actuarial data, the insurer has been a strictly partisan venture spent together. If you don’t accept WellPoint has calculated that Mr. Baucus’s thus far. I beg to differ with the minor- things from the minority party, it is bill would cause some premiums to triple in ity leader. not bipartisan. It is still partisan. Just the individual market. The Blue Cross Blue I see our distinguished ranking mem- Shield Association came to similar conclu- spending hours doesn’t make any dif- sions. One reason is community rating, ber of the HELP Committee here on ference. which forces insurers to charge nearly uni- the floor. In the HELP Committee, for To move on to a different topic, yes- form rates regardless of customer health sta- the enlightenment of Senators, we had terday we were talking about costs. I tus or habits. CBO doesn’t think this will 13 days of markup, 54 hours, 788 amend- hope the people take a look at a Wall have much of an effect, but costs inevitably ments were filed, 287 amendments were Street Journal article from yesterday rise when insurers aren’t allowed to price considered and debated and voted on or that says: based on risk. This is why today some 35 states impose no limits on premium vari- accepted, and 161 Republican amend- A bill that raises prices but lowers costs, ation and six allow wide differences among ments were adopted. No one was denied and other miracles. consumers. the opportunity to offer any amend- We heard all day yesterday that this The White House decided to shoot mes- ment, to discuss them, debate them, bill is going to save people a lot of sengers like WellPoint to avoid rebutting and get a vote or have it accepted, money. This article reads: their message. But Amanda Kowalski of whatever the case might be. To me, We have now reached the stage of the MIT, William Congdon of the Brookings In- this is truly a bipartisan way of pro- health-care debate when all that matters is stitution and Mark Showalter of Brigham ceeding. getting a bill passed, so all news is good Young have found similar results. In a 2008 The minority leader’s argument basi- news, more subsidies mean lower deficits, paper in the peer-reviewed Forum for Health cally goes to the fact that the people of and more expensive insurance is really Economics and Policy, these economists this country overwhelmingly elected cheaper insurance. The nonpolitical mind found that state community rating laws raise premiums in the individual market by Democrats to guide and make changes reels. Consider how Washington received the 20.9% to 33.1% for families and 10.2% to 17.1% for the future. One of the biggest for singles. In New Jersey, which also re- changes is in our health care system. Congressional Budget Office’s study Monday of how Harry Reid’s Senate bill will affect quires insurers to accept all comers (so- One of the responsibilities of being a insurance costs, which by any rational meas- called guaranteed issue), premiums increased majority party is to propose. That is ure ought to have been a disaster for the bill. by as much as 227%. what we have done. We are proposing CBO found that premiums in the individual The political tragedy is that there are changes in the health care system. The market will rise by 10% to 13% more than if plenty of reform alternatives that really function of the minority is to offer Congress did nothing. Family policies under would reduce the cost of insurance. Accord- the status quo are projected to cost $13,100 ing to CBO, the relatively modest House amendments, constructive amend- GOP bill would actually reduce premiums by ments, offer different ideas, and if their on average, but under ObamaCare will jump to $15,200. Fabulous news! ‘‘No Big Cost Rise 5% to 8% in the individual market in 2016, ideas are better or if they receive ma- in U.S. Premiums Is Seen in Study,’’ said the and by 7% to 10% for small businesses. The jority approval, then the bill is thus New York Times, while the Washington Post GOP reforms would also do so without im- changed. That happened in the HELP declared, ‘‘Senate Health Bill Gets a Boost.’’ posing huge new taxes. But Democrats don’t Committee. As I said, 161 Republican The White House crowed that the CBO report care because their bill isn’t really about amendments were adopted. To me, that was ‘‘more good news about what reform will ‘‘lowering costs.’’ It’s about putting Wash- is bipartisan. That is what we have mean for families struggling to keep up with ington in charge of health insurance, at any cost. been doing. What is kind of not accept- skyrocketing premiums under the broken able is this idea that things are just status quo.’’ Finance Chairman Max Baucus The ACTING PRESIDENT pro tem- chimed in from the Senate floor that pore. The time of the Senator has ex- going to slow down for the purposes of ‘‘Health-care reform is fundamentally about delaying and eventually making sure pired. lower health-care costs. Lowering costs is Under the previous order, the time we don’t have a bill. what health-care reform is designed to do, Let me say that after all that lowering costs; and it will achieve this objec- until 11:45 a.m. shall be equally divided lengthy debate we had in the HELP tive.’’ between the Senator from Maryland, Committee, we passed a bill. The same Except it won’t. CBO says it expects em- Ms. MIKULSKI, and the Republican lead- will happen here on the Senate floor. I ployer-sponsored insurance costs to remain er or his designee. don’t care how many times the minor- roughly in line with the status quo, yet even Mr. HARKIN. Madam President, par- ity wants to drag it out and slow it this is a failure by Mr. Baucus’s and the liamentary inquiry: There is time be- White House’s own standards. tween now and the hour of 11:45 a.m. down to try to kill this bill, this bill Meanwhile, fixing the individual market— will pass the Senate, we will go to con- which is expensive and unstable largely be- equally divided between the Repub- ference, and we will have it on the cause it does not enjoy the favorable tax lican side and the Democratic side; is President’s desk early next year. treatment given to job-based coverage—was that correct? The ACTING PRESIDENT pro tem- supposed to be the whole purpose of ‘‘re- The ACTING PRESIDENT pro tem- pore. The Senator from Wyoming. form.’’ Instead, CBO is confirming that new pore. That is correct. Mr. ENZI. I appreciate the com- coverage mandates will drive premiums Mr. HARKIN. Madam President, I as- ments, some of which need correction, higher. But Democrats are declaring victory, sume, then, the normal thing will be to from yesterday and those that have claiming that these higher insurance prices go back and forth from one side to the don’t count because they will be offset by just been made. new government subsidies. other, the Republican side and the On a partisan bill, I sat through all of About 57% of the people who buy insurance Democratic side? those days in the HELP Committee. through the bill’s new ‘‘exchanges’’ that will The ACTING PRESIDENT pro tem- That bill was rushed and put together. supplant today’s individual market will pore. That will not be an order unless Senator Kennedy was not able to be in- qualify for subsidies that cover about two- it is propounded. volved in that part of it. His staff did thirds of the total premium. So the bill will Mr. BAUCUS. Madam President, I it. They did it in a hurry. We turned in increase costs but it will then disguise those think it is perfectly understood. 159 amendments that were accepted. costs by transferring them to taxpayers from Mr. ENZI. That is our understanding individuals. Higher costs can be conjured Most of those were for typos and minor away because they’re suddenly on the gov- as well. corrections. There were a few that ac- ernment balance sheet. The Reid bill’s $371.9 Mr. HARKIN. Madam President, I tually had some substance to them. billion in new health taxes are also appar- ask unanimous consent to be recog- That bill was passed on July 15 out of ently not a new cost because they can be nized for 7 minutes.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12267 The ACTING PRESIDENT pro tem- pour more money into paying bills for key preventive services, have the most pore. Without objection, it is so or- a broken, dysfunctional, sick care sys- benefit. We say in our bill that those dered. tem—not a health care system, a sick services must be covered without Mr. BAUCUS. Madam President, will care system? That is what we have in copays, without deductibles. That the Senator yield for a quick inquiry to America today. This bill begins the means that is the floor. That is the my friend from Wyoming? transformation of moving us from a floor. Mr. HARKIN. Yes. sick care system to a true health care Again, I might also add that preven- Mr. BAUCUS. Madam President, I system. tive services that are rated by the Ad- might inquire of my colleague from The Senator from Maryland has a visory Committee on Immunization Wyoming if that item the Senator was very important amendment to make Practices and comprehensive guide- quoting from about costs in the Wall clear—to make clear—that what is in- lines supported by the Health Re- Street Journal was a news article or an cluded in the bill is to strengthen the sources and Services Administration editorial. preventive services that basically inure are also part of the recommendations Mr. ENZI. That was an editorial by to the women of this country. The Mi- to establish that floor. the Wall Street Journal, the staff of kulski amendment reiterates the rec- So, again, I would say it is a pretty the Wall Street Journal, confirmed by ommendations of our bill, and it also big floor when you put all those to- MIT, Brigham Young, and others. points out that the recommendations gether. Again, it does not establish a Mr. HARKIN. Madam President, I of the U.S. Preventive Services Task ceiling and it does not say what cannot ask if the Chair will remind me when Force is a floor, not a ceiling—it is a be done. It just says you have to do the 7 minutes is up. minimum. In other words, health plans The ACTING PRESIDENT pro tem- these basics. That is the floor. are required at a minimum to provide I do understand the concerns of some pore. The Chair will do so. Mr. HARKIN. Madam President, I first-dollar coverage for preventive that the task force has not spent have to respond to my friend from Wy- services recommended by the Preven- enough time studying preventative oming about doing this in a hurry. He tive Services Task Force, but that is services that are unique to women. mentioned that we did the bill in a just the minimum. The Secretary of Senator MIKULSKI goes back a long way hurry in our committee. Actually, it Health and Human Services has full on this issue. I can remember some was last November, shortly after the discretion to identify additional pre- years ago Senator MIKULSKI pointing election, when I received a call from ventive services that will be part of the out to me, in my capacity as the then- Senator Kennedy talking about doing a essential package offered by health in- chairman of the Appropriations sub- health reform bill, asking if I would surance on the exchange. committee that funds NIH—— take charge of a section dealing with Again, there has been some talk here The ACTING PRESIDENT pro tem- public health and prevention and about this task force, the Preventive pore. The Senator’s time has expired. wellness. I think then he asked Senator Services Task Force, that somehow Mr. HARKIN. Madam President, I MURRAY to take over workforce devel- this is a bunch of bureaucrats, it is a ask unanimous consent for 3 more min- opment, Senator BINGAMAN did cov- government-run task force, it has a po- utes. erage, and Senator MIKULSKI did qual- litical agenda. I have heard all these The ACTING PRESIDENT pro tem- ity improvements. So that was in No- things said on the floor in the last day pore. Without objection, it is so or- vember. or so. Well, in fact, the Preventive dered. I cannot speak for the others who did Services Task Force is an independent Mr. HARKIN. Senator MIKULSKI said: the other sections. All I can say is, on body that evaluates the benefits of If you look at the research being done our side, in what I did, we had five clinical preventive services. It makes at NIH, it is almost all done on men hearings. We had five hearings on pub- recommendations—again, no decisions, and not on women. I remember that lic health and prevention and wellness merely recommendations—about which some years ago, and all of a sudden a and what ought to go into a bill. I services are most effective. lightbulb went off in my head. I said: think those hearings commenced in De- Who is on this task force? Experts You are right. So we had to start cember and went through about Feb- and leaders in primary care who are re- changing the focus of a lot of the re- ruary. Then we worked until June, and nowned internists, pediatricians, fam- search done to focus on the unique sit- we did not start our markup until ily physicians, gynecologists, and ob- uations faced by women. June. So we had almost 6 months of stetricians. And these professionals are Well, this was also a concern that hearings and putting things together in not located in Washington, DC; they was raised in our HELP Committee by the bill before we started a markup. I are based all over the country. Some Senator MIKULSKI, and we included lan- rather doubt that can be said to be may be in one State or another State. guage to require all health plans to rushing anything. They are all over the country, and they cover comprehensive women’s preven- But I just want to focus on the vote are experts in these different areas, tive care and screenings based on that is coming up on the amendment recognized by their peers. They do not guidelines promulgated by the Health offered by the Senator from Maryland, sit in an office at Health and Human Resources and Services Administra- Ms. MIKULSKI, which will strengthen Services. They bring years of medical tion—again, without any copays or provisions in the bill concerning pre- training and experience to the jobs deductibles. That was in our health bill ventive health benefits for women. they do. but unfortunately was not included in As an initial matter, I am proud of Does that mean they never make a the merged bill. But Senator MIKUL- the significant investments the bill mistake? No. No one is perfect. No Sen- SKI’s amendment, which we are about makes overall in wellness and preven- ator is perfect. Neither is every doctor to vote on, brings us back to the posi- tion. It has not been talked about very perfect. And neither is any task force tion we had in the HELP Committee much. If you read the public press out always going to make what we might bill. I think that was largely sup- there, the popular press, and watch TV, consider to be the perfect answer. But ported, if I am not mistaken, on both about the only thing you think is in our bill does not grant them the au- sides, at least in our HELP Committee. the bill is a public option and abortion thority to tell insurance companies At least no one offered any amendment and that is what this bill is about. what not to cover. That is clear. But to to strike it when we were debating it in Well, those may be the hot points and hear the debate on the floor, you would committee. So I assume it was sup- the flashpoints—it makes for good think it is just the opposite, that the ported generally by both Republicans press—but I submit that one of the Preventive Services Task Force can and Democrats. most important parts, if not the most tell insurance companies what they By voting for the Mikulski amend- important part, of this bill is what it cannot cover. That is not true. Our bill ment, we can make doubly sure that does for prevention and wellness, try- says that those recommendations that the floor we are establishing in the bill ing to move our costs upstream, keep- are A and B—categorized by the Pre- for preventive services that are unique ing people healthy in the first place. ventive Services Task Force, by these to women also has no copays and no I have said many times, what good expert doctors around the country— deductibles. Again, that is why this does it do us if we are just going to these are the ones they say really are amendment is so important.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12268 CONGRESSIONAL RECORD — SENATE December 3, 2009 I know our friend Senator MUR- of the bill before us, not just on this provide benefits, and fewer and fewer of KOWSKI has a different way of approach. particular amendment but on what it them will take Medicare. I commend her for her involvement and is going to mean for my constituents in The Chief Actuary of CMS believes her interest in this issue. She has been Florida and for the people of this coun- the cuts in the bill we have before us a great member of our committee, and try. could cause providers to end their par- I have done a lot of great work with I had the opportunity last week to be ticipation in Medicare: Senator MURKOWSKI. But I think her back home in Florida, in south Florida, . . . providers for whom Medicare constitutes amendment misses the mark in this in Palm Beach County and Broward a substantive portion of their business could way: It asks insurers to use guidelines County and Miami-Dade County, where find it difficult to remain profitable and I talked to doctors, hospital adminis- might end their participation in the pro- from provider groups when making gram. coverage decisions. Well, that does not trators, folks who run Medicare Advan- Every American understands this. If guarantee women will get any of the tage plans, as well as everyday Florid- we pay less money to health care pro- preventive services they need. ians, specifically senior citizens. The viders, they are going to offer less ben- Here is a statement from the Amer- responses I heard were nearly unani- efits or more and more they are not ican Heart Association and the Amer- mous, and that was grave concern about the bill that is being debated on going to participate in Medicare. ican Stroke Association. It says: The Medicare Payment Advisory . . . we are concerned that Senator Murkow- this floor and a general confusion as to why the Congress is pursuing the path Commission found in June of last year ski’s preventive health services amendment that 29 percent of Medicare bene- would take a step backwards by substituting that it is. The people of Florida do not ficiaries who were looking for a pri- the judgment of the independent U.S. Pre- understand why we are going to cut mary care doctor had a problem finding ventive Services Task Force with the judg- Medicare to create a new program. The one to treat them. This is of grave con- ment of private health insurance companies. people of Florida do not understand cern to the 3 million Floridians who Madam President, I ask unanimous why we are going to raise taxes to cre- are on Medicare. If a doctor will not consent that this letter from the Amer- ate a new program. The people whom I see them, what kind of health care plan ican Heart Association and the Amer- have spoken to in Florida do not under- is this? These seniors, our ‘‘greatest ican Stroke Association be printed in stand why we would undertake a new generation,’’ have paid into this pro- the RECORD. $2.5 trillion health care proposal if it gram their whole life. It is illusory if There being no objection, the mate- was not going to reduce the cost of rial was ordered to be printed in the they can’t find a doctor who will treat health insurance for the 170 million to them. RECORD, as follows: 180 million Americans who have health One of my constituents, Earl Bean, STATEMENT BY AMERICAN HEART ASSOCIATION insurance today. from Sanford, FL, recently told CNN CEO NANCY BROWN ON MURKOWSKI AMEND- Why are we embarking upon this MENT ON PREVENTIVE HEALTH SERVICES that he called about 15 doctors when he measure if it is not going to affect was trying to find health care, and he (Dec. 2, 2009) most everyday Floridians and everyday was told they were not taking new The American Heart Association strongly Americans who are struggling under Medicare patients. So when we cut $1⁄2 supports requiring health plans and Medicare the high cost of health insurance? trillion out of Medicare, is that going to provide first-dollar coverage for clinical Health insurance premiums have in- preventive services that are evidence-based to improve health care for seniors or is creased 130 percent in the past 10 years. it going to continue to decline health and necessary for the prevention or early de- When the President put this proposal tection of an illness or disability. We appre- care for seniors? You can’t get blood ciate that Senator Murkowski’s amendment forward and when he campaigned on it, from a stone. It is going to make the recognizes the value of the guidelines and he said his major goal was to reduce situation worse. For anyone to come to recommendations made by professional med- the cost of health insurance. When he this floor and say that it would not is ical organizations (as well as by voluntary addressed the Nation in a joint session incredible. health organizations like the American of Congress on September 9, he said his We have in Florida the second high- Heart Association). But even these guide- plan would reduce the cost of health in- lines must be held to the standard of being est Medicare population. When we cut surance. But we find out that for at $135 billion from hospitals and $21 bil- evidenced based. In addition, we are con- least 32 million Americans, it will raise cerned that Senator Murkowski’s preventive lion from the disproportionate share health services amendment would take a the cost of health insurance 10 to 13 fund, which is basically money that step backwards by substituting the judgment percent. So at least half of the goal, if goes to these hospitals to provide of the independent U.S. Preventive Services not most of the goal, of his plan for health care for seniors and the indi- Task Force with the judgment of private most Americans in this country will gent, how are they going to be able to health insurance companies. Although we not be accomplished. Yet we are going provide that health care? I spoke to the have previously recommended to Congress 1 to cut nearly $ ⁄2 trillion out of Medi- administrator of the North Broward that the USPSTF membership be expanded care, we are going to raise taxes by $1⁄2 Hospital District and told him about to include specialists to broaden the exper- trillion, and we are going to spend $2.5 tise of the Task Force, we believe an ex- this cut to the DSH funds, and he told panded USPSTF would be the best entity to trillion on this program, which was ad- me it would be devastating to their objectively and rigorously make rec- mitted to by Senator BAUCUS yesterday provision of health care. ommendations for covering clinical preven- on the floor, which cannot be, under Then we are going to take a very tive services and do not support eliminating my understanding, in any way budget popular program called Medicare Ad- it from this role. neutral. vantage—more than 900,000 Floridians The ACTING PRESIDENT pro tem- But I want to speak specifically in my State—and we are going to cut it pore. The Senator’s time has expired. about the cuts to Medicare. It cuts $192 as well. I recently visited the Leon Mr. HARKIN. Madam President, I billion, according to the Congressional Medical Center and their new facility will have more to say about the Mur- Budget Office, ‘‘to Medicare’s payment in Miami Dade County where they pro- kowski amendment later. But, again, rates for most services.’’ I think we vide state-of-the-art, first-class health the point is, the Mikulski amendment have to be clear here that if you cut care for seniors; not only normal is right on point. It should be adopted. providers, you are going to cut serv- health care but eyeglasses, hearing The ACTING PRESIDENT pro tem- ices. The very reason we talked about aids, dental care, and the constituents pore. Who yields time? increasing doctor payments in that $1⁄4 who go there love it. They are getting Mr. ENZI. Madam President, I yield trillion program was so that patients the kind of health care that you would 10 minutes to the Senator from Flor- would not receive fewer services, so hope your senior citizens in your fam- ida. there would be ample doctors providing ily would get. The ACTING PRESIDENT pro tem- services for Medicare. It is beyond The principal of the company, Ben pore. The Senator from Florida. logic to argue that cutting providers Leon, told me they have saved $70 bil- Mr. LEMIEUX. Madam President, I will not cut services. What will happen lion in the way they have run their sys- come to the floor today to draw back when we cut providers, doctors, nurs- tem. He told me if we continue on this the curtain a little, I hope, and to ing homes, home health agencies, hos- path with these cuts to Medicare Ad- widen the lens to talk about the issue pitals? Fewer and fewer of them will vantage, he will not be able to provide

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12269 these good services going forward. Mr. LEMIEUX. Including the wars in I wish to acknowledge the role the There are some fixes to grandfather Afghanistan and Iraq. Senator from Alaska has played, Ms. folks in, but all in all people will be I thank the Chair, and I yield the MURKOWSKI, as well as Senator KAY cut, and all in all the program will not floor. BAILEY HUTCHISON, Senator SNOWE, and be as good, and it will decline the The ACTING PRESIDENT pro tem- Senator COLLINS. We, the women of the health care of seniors in Florida and pore. The Senator from Maryland is Senate, have worked on a bipartisan across this country. recognized. basis for years making sure we were in- We will cut $15 billion from nursing Mr. HARKIN. How much time would cluded in the protocols at NIH, increas- home care and $40 billion from home the Senator like to consume? ing funding for important research health agencies. I spoke to a provider The ACTING PRESIDENT pro tem- areas to find that cure, to race for that of a home health agency practice in pore. The Senator from Maryland con- cure and, at the same time, to be able Florida. He said these cuts will put half trols the time, and the Senator from to have mammogram standards. What of the home health care agency folks Maryland has 33 minutes. the Murkowski amendment—and by out of business. At a time when we Ms. MIKULSKI. Madam President, I the way, she is MURKOWSKI, I am MI- have 11.2 percent unemployment in yield myself a firm 10 minutes. KULSKI. We sound alike, and the Florida, this health care bill is going to The ACTING PRESIDENT pro tem- amendments might sound alike, but, cost people their jobs, and it is going to pore. Without objection, it is so or- boy, are they different. decline the quality of health care. dered. The Murkowski amendment offers in- I am also concerned about this Medi- Ms. MIKULSKI. Madam President, formation. I think that is important. care advisory board. This independent health care is a woman’s issue. Health That is a threshold matter. You have board of nonelected folks is going to care reform is a must-do woman’s to have information to make an in- have the power to cut Medicare by $23 issue, and health insurance reform is a formed decision. But it does not guar- billion over the next 10 years, and it must-change issue. antee universal access to these serv- will be up to this body to reinstate So many of the women and men of ices, and, of course, it does not elimi- those cuts. These people are not elect- the Senate are here today to fight for nate the high payments and ed, my constituents in Florida don’t change and to make sure we have uni- deductibles. So her amendment is know who they are, but they are going versal access to health care. When we flawed. My amendment is terrific. My to be responsible for the decline of have universal access, it makes a dif- amendment offers key preventive serv- their Medicare and their health care. ference in our lives, which means we ices, including an annual women’s The ‘‘greatest generation,’’ who have to have universal access to pre- health screening that would go to a fought to protect this country, is look- ventive and screening services. comprehensive assessment of the dan- ing at this health care bill and won- My amendment—and, by the way, it gers to women, including heart disease dering why. Folks with health insur- is a bipartisan amendment—makes uni- and diabetes. ance in this country—more than 170 versal access to preventive and screen- We hope when the Senate makes its million who are not going to see their ing services for women available. decision today, it deals with the fact health care costs go down but up—are There is much discussion about that for we women, the insurance com- wondering why. Americans who are whether women should get a particular panies take simply being a woman as a seeing higher taxes and penalties for service at a particular age. We don’t preexisting condition. We face so many not buying these health insurance pro- mandate that women get a service; we issues and hurdles. We can’t get health grams under this bill are wondering leave that up to a decision made with care. We can’t get health insurance be- why. the woman and her doctor. But, first of cause of preexisting conditions called a If we are here to reform health care— all, they need to be able to have a doc- C-section. and we should be—if we are here to try I am going to be meeting with an in- tor. So we are for universal access, and to make sure the 45 million people in surance company executive later where this is why the underlying bill is so im- this country and the nearly 4 million his company denied health insurance portant. Floridians get health insurance—and to a woman who had a medically man- Then, when you have that, there we should be—then why don’t we take dated C-section, and a letter from this should also be universal access to pre- a step-by-step approach? insurance company said: We are not ventive and screening services, particu- I am new to this body. My first day going to give you insurance unless you larly to the top killers of women, those here was September 10, so I have not have a sterilization—a coerced steri- things that are unique to women. We even been here 3 months. But I can tell lization in the United States of Amer- think about cancer: breast cancer, my colleagues, the American people, if ica. That is going to be an amendment ovarian cancer, and cervical cancer. they knew what I know now and could for another day. But I just wish to give see what I see, would be baffled by this Also, women are dying at an increased the flavor and the power of what process. There is not a give-and-take rate of lung cancer. Then there are women face when we have to cope with on this issue. We didn’t all sit down to- these other silent killers that have had the insurance companies or where gether in a conference room and work a lethal effect on women, and that is there are barriers to our getting these this out to have a bipartisan bill. The cardio and vascular disease. So we health care screening services. Democratic leader worked on it with want to guarantee universal access to So we want to be able to save lives, his colleagues but not with us. medically appropriate or medically and we want to be able to save money. So now we have a program that cuts necessary screening and preventive We believe in universal access, and if Medicare, that raises taxes, that services. you utilize the service it is because you doesn’t decrease the cost of health care Many women don’t get these services have had the consultation with your for the majority of Americans and will because, first of all, they don’t have doctor. We do know early screening cost us $2.5 trillion and can’t be budg- health insurance; and, No. 2, when they and detection does save lives, and, at et-neutral, at a time when we have a do have it, it means these services are the same time, it saves money. $12 trillion debt, a debt that requires either not available unless they are I will conclude with this: When we each of us—each family—to put $100,000 mandated by States or the copayments look at heart disease and diabetes, not on our shoulders to be responsible for are so high that they avoid getting only cancer but early detection of dia- that debt, a debt where the third larg- them in the first place. betes means, in a well-managed pro- est payment in our budget is for inter- The second important point about gram, under appropriate medical super- est payments, and over the next 10 my amendment is it eliminates vision you very likely will not lose years those interest payments will go deductibles and copayments. So we that eye, you will not lose that kidney, up by $500 billion, enough to pay for eliminate two big hurdles: having in- you will not lose that leg and, most of many of the budgets of the Federal surance in the first place, which is the all, you will not lose your life. Government—— underlying bill, as well as copayments So let’s not lose the Mikulski amend- The ACTING PRESIDENT pro tem- and deductibles. I know of no one in ment. Let’s go with Mikulski and pore. The Senator has used his 10 min- this room who would not want to be on thank MURKOWSKI for her information, utes. our side on this issue. but hers is too tepid and too limited.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12270 CONGRESSIONAL RECORD — SENATE December 3, 2009 Madam President, I ask my col- tive health care for our seniors, and we ment—$2.5 trillion, when it is fully im- league, one of the great guys who sup- will help fill the doughnut hole in pre- plemented. Of course, the paid-fors in ports us, Senator CARDIN, how much scription drugs. the bill—all the things in this bill, not time he needs. When you reduce the number of unin- only those intended things but also the I yield 5 minutes to Senator CARDIN. sured, the amount of cost Medicare has unintended consequences of the bill— Mr. CARDIN. First, let me thank my to pay for health care in our hospitals you have some revenue to pay for these colleague, Senator MIKULSKI, for her is reduced. That is why we can reduce things. Where do we get the revenue? leadership on this issue. I strongly sup- our payments to hospitals in America, In the Reid bill, they decided they port her amendment for the reasons because the amount of uncompensated are going to raise taxes on small busi- she said. This is a very important point care they currently have will be dra- nesses, individuals and families and about providing preventive health serv- matically reduced. I have heard col- they are going to cut Medicare by ices to the women of America, a criti- leagues on the other side of the aisle about $1⁄2 trillion. cally important part of our strategy talk about Medicare Advantage. I re- What is ironic about that is, a few not only to bring down costs in health member when we used to pay the pri- years ago, the Republicans, back when care, but to have a health care system vate insurance companies in Medicare we were in the leadership in the Sen- that is fair in America. a little less than people in traditional ate, tried to do a budget bill that actu- I have been listening to my col- Medicare. Then we paid them the same. ally achieved some savings in Medicare leagues on the other side of the aisle Now we are paying them more. That is and Medicaid, to the tune of $27 billion talk about the underlying bill. They corporate welfare. Medicare Part B combined. But the Medicare savings in talk about it as if this is a static situa- premiums are higher than they should that bill was $10 billion. That was over tion. Many of the criticisms I hear be. Taxpayer support is higher than it a 5-year period, at $2 billion per year. I about the underlying bill are criticisms used to be. We know these benefits that wish to remind some of my colleagues about our current health care system. I are being paid could be gone tomorrow. on the other side about some of the can tell my colleagues the people in We saw the private insurance compa- comments they made about that. Maryland, many of whom are finding it nies leave the Maryland market and so Senator REID, at the time—bear in difficult to find affordable coverage many other markets. These are re- mind this was to reduce Medicare by $2 today, are outraged with what is hap- forms that save the taxpayers money billion per year, $10 billion over 5 pening with private insurance compa- and strengthen Medicare for the future. years. The now-majority leader said: nies and the attitudes they are taking. Bottom line: The bill is good for mid- Unfortunately, the Republican budget is an As Senator MIKULSKI pointed out, dle-income families. It will provide the immoral document. they are denying coverage for pre- insurance reform so they have an in- The Senator from West Virginia said existing conditions or imposing arbi- surance product that can cover their this: trary caps. As has been indicated, if we needs, including wellness and preven- This proposed budget would be a moral dis- are unable to get this bill passed, what tion programs. It is good for small aster of monumental proportions. is going to happen in the future? We business because it offers more choice. A couple other colleagues in the Sen- know costs are going to become even I can tell you chapter and verse of ate commented. The Senator from greater, more people are going to lose small companies in Maryland that, Michigan said: their coverage, insurance companies today, cannot get an affordable product People who rely on Medicare and Medicaid are going to continue their arbitrary and are seeing 20, 30 percent increases are going to be hurt by this bill. practices, and the health care of Amer- in their premiums. They need this bill The Senator from Wisconsin said: icans is in jeopardy. in order to be able to preserve health I urge my colleagues to reject this bill, and We are already spending so much of care for their employees. the irresponsible and cruel budget of which our economy on health care, and if we This bill, with the Mikulski amend- it is part. don’t take action, it will be a greater ment, will provide the preventive The former Senator from New York, part of our economy. health care for all Americans that is so Mrs. Clinton, said this: But we have some good news. The un- desperately needed, which will reduce This bill slashes $6.4 billion from Medicare derlying bill has now been analyzed by costs, improve quality, and make our over the next 5 years. the CBO; that is the independent score- health care system more efficient and It was actually $10 billion. My point keeper. What they tell us is, if we pass effective in the future, bringing down is simply this: It was $10 billion over 5 the underlying bill, for the over- costs by investing in wellness and pre- years, $2 billion per year. Those were whelming majority of Americans, they vention. the statements—overstatements— are going to find that their health in- I urge my colleagues to support the about the impact that a $2 billion re- surance premiums will either stay the Mikulski amendment and to support duction per year in Medicare was going same or go down. For the over- the underlying bill. to have on people in this country. Now whelming majority of Americans, they I yield the floor. we are talking about $1⁄2 trillion in will have a better insurance product Mr. ENZI. Madam President, I yield Medicare cuts. that will cover the types of preventive 10 minutes to the Senator from South Where do their cuts come from? They services Senator MIKULSKI is talking Dakota. will come from $118 billion from Medi- about, which are in her amendment. The ACTING PRESIDENT pro tem- care Advantage, which now we have We are not only going to bring down pore. The Senator from South Dakota about 11 million Americans impacted the cost for the overwhelming majority is recognized. by Medicare Advantage. Every State of Americans as to what will happen if Mr. THUNE. Madam President, I ap- has seniors who have subscribed to we don’t pass a bill, we are going to preciate the opportunity to speak on that program whose benefits will be provide better coverage for them. The this important piece of legislation. cut if this bill is enacted. You get it underlying bill will also reduce dra- Again, I point out to my colleagues, out of hospitals because there are $135 matically the number of people who and to anybody else who may be ob- billion in reductions and reimburse- don’t have health insurance in America serving, the volume of this bill. This is ments to hospitals; $15 billion in reduc- by 31 million. That will make our sys- 2,100 pages and 21 pounds, which means tions to nursing homes and reimburse- tem much more effective. it is about a pound per 100 pages. It is ments; $40 billion in reductions to I have heard my colleagues talk $1.2 billion dollars per page, $6.8 mil- home health agencies; and $8 billion in about what is going to happen with lion per word, and it creates 70 new reductions to hospices. Medicare. If we pass the underlying government programs. It gives the Sec- Those are all the ways this $2.5 tril- bill, we are going to strengthen Medi- retary of Health and Human Services— lion expansion of the Federal Govern- care. We already have a provision that in 1,600 or 1,700 instances in this bill— ment is to be paid for. I didn’t even get there cannot be reductions in the guar- the opportunity to create, define, and into the tax cuts, which will be a de- anteed benefits. We pointed out that determine things in the bill. bate for another day. AARP endorses the bill. They under- This is a big government bill, a mas- The Medicare cuts in this bill are un- stand there will be additional preven- sive expansion of the Federal Govern- like anything we have seen in the past.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12271 Clearly, when you compare it to 3, 4 We are going to do all that for what? Mr. FRANKEN. Madam President, I years ago, when we were trying to At best, to keep the status quo for peo- rise to express my support for Senator achieve $10 billion in savings over 5 ple today; at worst, to increase their MIKULSKI’s amendment for women’s years, you thought the sky was falling. premiums by 10 to 13 percent. That is health. Now here they are trying to pay for a the bottom line. That is what this says. This amendment is crucial because it $2.5 trillion expansion of the Federal That is the new CBO report. That is the is about prevention. Prevention is one Government by cutting $500 billion out CBO report about which the other side of the key ways this bill will transform of Medicare. is saying this is great news. They are our system of sick care into true The point I also wish to make, be- celebrating. It is great news that pre- health care. It is common sense. You cause it has been made by the other miums are going to continue to go up get the right screenings at the right side—by the most recent speaker—is at twice the rate of inflation, just like time so you find diseases earlier. It that somehow this recent CBO analysis in the past, protecting and preserving saves lives and it saves money. should be hailed as good news. The the status quo as we know it in Amer- The Senate bill already has several corks are popping in the celebration, ica today. provisions for preventive care, which I and people are crowing about the new This bill does nothing about the fun- CBO report because it has such good strongly support. For example, damental issue of cost. It doesn’t mat- colonoscopies and screening for heart news for this bill and the impact it will ter what market you are in—small have on people who buy health insur- disease will be covered at no cost. It is group market, large group market—it a good start. ance in this country. stays the same, at best, and in the indi- What is it they are celebrating? CBO, The current bill relies solely on the vidual marketplace, your premiums in its report, essentially said this: 90 U.S. Preventive Services Task Force to will go up 10 to 13 percent. That is the percent of Americans are going to see determine which services will be cov- news being hailed by the other side as their premiums increase or see vir- ered at no cost. The problem is, several validating the argument for why we tually the same increases as they do crucial women’s health services are today year after year. need to pass a 2,100-page, $2.5 trillion omitted. Senator MIKULSKI’s amend- That is preserving the status quo, not monstrosity of a bill with 70 new gov- ment closes this gap. Under her amend- decreasing costs, as promised. Presi- ernment programs in it. ment, the Health Resources and Serv- dent Obama, when he was running for We will vote on the Medicare amend- ices Administration will be able to in- office in 2007, said when he got a ment later. Senator MCCAIN has a mo- clude other important services at no chance to do health care reform, he tion to commit the bill to essentially cost, such as the well woman visit, pre- was going to reduce costs by $2,500 for take the Medicare cuts out of it. I hope natal care, and family planning. every family in this country and cover my colleagues vote for it. They are ar- These preventive services will truly everybody. guing it doesn’t cut Medicare. How can improve women’s health. For example, This bill, after spending $2.5 trillion you say that with a straight face? How if all women got the recommended and creating 70 new government pro- can you say you are going to find $500 screening for cervical cancer, we could grams, doesn’t cover everybody. There billion to pay for this bill out of Medi- detect this disease earlier and prevent are still 24 million Americans who care and then say it doesn’t cut Medi- four out of every five cases of this don’t get covered under this bill, ac- care? Of course it cuts Medicare. Of invasive cancer. This will improve the cording to the CBO. Furthermore, no- course it raises taxes. You can’t fi- health of our mothers, sisters, and our body—I shouldn’t say nobody—90 per- nance $2.5 trillion of new spending un- daughters. This bill and this amend- cent of Americans, those who don’t get less you find a way to finance it. ment will make prevention a priority The way they have chosen to finance subsidies, don’t come out any better. and not an afterthought. this is to hit seniors squarely between They will still see the year-over-year Although I respect the efforts of my increases in premiums they have been the eyes and cut reimbursements to the providers all across this country distinguished colleague from Alaska, seeing for the past several years, and the Murkowski alternative falls short. the cost of health care is growing at that are dealing with the serious health needs our senior citizens are ex- The Murkowski amendment does noth- twice the rate of inflation. If you as- ing to guarantee women will have im- sume a year-over-year increase similar periencing. In South Dakota, we have a lot of people who are employed in the proved access to coverage and cost- to the past several years, in the small sharing protections for preventive serv- group market, you are looking at an- health care industry. I think that is ices. Rather than establish objective, nual increases of over 6 percent for the true of every State. Even in small scientific standards about which pre- cost of health care—to the point where towns in South Dakota, in nursing ventive services should be covered, this a family that, today, is paying $13,000 a home employment you are talking alternative only requires insurers to year for health insurance, in 2016, will about almost 6,000 employees. You are consult with medical organizations pay over $20,000 a year for health insur- going to take $15 billion out of nursing when making coverage decisions. ance. So nobody gets any better out of homes, $40 billion out of home health this, except a handful of people who agencies, $135 billion out of hospitals, While we know the U.S. Preventive will get subsidies. If you are in the in- and what we are talking about are Services Task Force recommendations dividual marketplace, your premiums huge reductions in Medicare, unlike do not cover all necessary services, the go up. According to the CBO, there will anything we have seen. Murkowski amendment entirely re- be a 10- to 13-percent increase in pre- As I said, to put it into perspective, a moves even this basic coverage require- miums in the individual market. If you few short years ago, when we were in ment from the bill, leaving women are in the large group market, you will the majority, in a budget trying to re- without any protections under health see an almost 6-percent increase a duce Medicare by $10 billion over a 5- care reform for essential preventive year. If you are in the small group year period, it was referred to as ‘‘im- care. This means that important pre- market, premiums will go up over 6 moral,’’ as a ‘‘monumental disaster,’’ ventive care for women, including percent a year. as ‘‘cruel’’—$10 billion over 5 years. screening for osteoporosis and sexually 1 transmitted infections, may not be We are talking about spending $2.5 This has $ ⁄2 trillion in Medicare cuts— trillion, cutting reimbursements to cuts to Medicare Advantage and pro- covered by insurance plans. nursing homes, to hospitals, to home viders. In the simplest terms, the Mur- health agencies and hospices, and rais- I hope my colleagues will support the kowski amendment maintains the sta- ing taxes on health care providers, McCain motion. tus quo, and we know the status quo is medical device manufacturers, pre- I yield the floor. not working for millions of women who scription drugs, raising the Medicare Ms. MIKULSKI. Madam President, I are forgoing preventive care because payroll tax which, incidentally, doesn’t yield 31⁄2 minutes to the junior Senator they simply cannot afford it. The Mur- go to preserve or extend the lifespan of from Minnesota, Mr. FRANKEN. kowski amendment continues to leave Medicare or put it on a path toward The ACTING PRESIDENT pro tem- prevention coverage decisions up to sustainability but creates a whole new pore. The Senator from Minnesota is health insurance companies, and that government entitlement. recognized. means there would be no guarantee

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12272 CONGRESSIONAL RECORD — SENATE December 3, 2009 that any health plan will cover basic criteria doctors practice under today rics and Gynecology. We will rely on preventive services at all. are the guidelines of their professional the American College of Surgeons. We Do we want to leave these important societies. will rely on the American College of decisions up to the insurance compa- Here is the difference between the Oncologists to determine what should nies? The health of American women is Murkowski amendment and the Mikul- be the screening recommendations for too important to leave in their hands. ski amendment: The Senator from patients. That is why I urge my colleagues to Maryland relies on the government to For, you see, what happens with the support Senator MIKULSKI’s amend- make the decision on what will be cov- Mikulski amendment is the govern- ment and vote to make sure women ered. She refers to the Health Re- ment stands between you and your doc- can get the preventive screenings they sources and Services Administration. tor. That is what is coming. That is need to stay healthy. Most important, She refers to the Health Resources and what will be there. this amendment will make sure women Services Administration which has no There is no choice under the Mur- have access to these lifesaving guidelines whatsoever on women’s kowski amendment for an insurance screenings at no cost. health care right now, other than pre- company to have the option either to The ACTING PRESIDENT pro tem- natal care and childcare. That is the cover or not to cover. They must. It pore. The Senator’s time has expired. only thing they have. says ‘‘shall’’ do that. So the Mr. FRANKEN. I request another 45 For whom does HRSA work? HRSA mischaracterizations on what the Mur- seconds. works for the Secretary of Health and kowski amendment actually says and The ACTING PRESIDENT pro tem- Human Services. So the contrast be- does are unfortunate. pore. Without objection, it is so or- tween these two amendments could not The ACTING PRESIDENT pro tem- dered. be any more clear in terms of do we pore. The Senator’s time has expired. Mr. FRANKEN. Madam President, want to solve the problems we just ex- Mr. COBURN. I yield the floor. prevention is just one of the ways this perienced on mammogram rec- The ACTING PRESIDENT pro tem- bill will improve women’s health. It ommendations? We can let the govern- pore. Who yields time? also ends insurance companies’ prac- ment decide, which got us into this The Senator from Maryland. tice of charging women more because trouble, and they will set the practice Ms. MIKULSKI. Madam President, they happen to be women, or denying guidelines and recommendations for how much time does our side have? coverage based on a history of preg- screening or you can let the American The ACTING PRESIDENT pro tem- nancy, C-section, or domestic violence. College of Obstetricians and Gyne- pore. There is 17 minutes 15 seconds re- We need to pass this bill this year to cologists or the American College of maining. ensure comprehensive, affordable care Surgeons or the American College of Ms. MIKULSKI. I yield 5 minutes to for women throughout the country. Oncologists set and use their guide- the Senator from Michigan. And we need to include this amend- lines. The ACTING PRESIDENT pro tem- ment because I want to be able to look The choice is simple: The govern- pore. The Senator from Michigan. my wife in the eye, I want to be able to ment can decide what care you get or Ms. STABENOW. Madam President, look my daughter in the eye—my son, the people who do the care, the profes- first, I thank Senator MIKULSKI for her too—and my future grandchildren in sionals who know what is needed, who leadership not only on this important the eye and say we did everything we write the peer-reviewed articles, who amendment but on so many issues in could in this bill to improve women’s study the literature and make the rec- health care, issues for women across health. We cannot wait any longer. I ommendations for their guidelines. this country. We are honored to call urge all my colleagues to stand with us Every month I get from the Amer- her dean for all of us as it relates to fo- and support this amendment. ican College of Obstetricians and Gyne- cusing on the issues that are so critical I yield the floor. cologists their new guidelines. I try to to women and their families. Mr. ENZI. Madam President, I yield 5 follow them at every instance. The fact I thank Senator REID for making this minutes to the Senator from Okla- is, the Mikulski amendment says gov- a priority and making this the first homa. ernment will decide. That is what it amendment we are offering in this de- The ACTING PRESIDENT pro tem- says. The government will decide bate. pore. The Senator from Oklahoma. through HRSA. The Murkowski amend- We all know that often women are Mr. COBURN. Madam President, it is ment says it is the best practices the ones making health care decisions interesting, as a practicing physician known by the physicians who are out for their families as well as them- who has actually cared for women and there practicing. What is the dif- selves. They are more likely to be the nobody so far who has been in on this ference? How does it apply to you as a person making health insurance debate has ever done. I congratulate woman? It applies to you as a woman choices. Women of childbearing age the Senator from Maryland for her care because the people who know best get pay on average 68 percent more for about prevention because we all know to make the recommendations rather their health care than men do. We have that is key. than a government bureaucracy. That so many instances in which insurance The mischaracterization we heard is the difference. companies are standing between about this bill is astounding. The rea- If you will recall, under the stimulus women and their doctors right now in son we got in trouble with the Preven- bill we passed, we have a cost compara- making decisions—decisions not to tive Task Force is because it did some- tive effectiveness panel, which will cover preventive services, such as a thing that was inappropriate and did surely be in the mix associated with mammogram screening or a cervical not have the appropriate professional the recommendations. If you look at cancer screening, decisions to call groups on its task force when it made what the task force on preventive rec- pregnancy a preexisting condition so its recommendation on breast cancer ommendations said from a cost stand- women cannot get health insurance, screening. point, they were absolutely right. decisions not to cover maternity care The Murkowski amendment says we From a patient standpoint, they were so that women and their babies can get will rely on the professional societies absolutely wrong. the care they need so that babies can to make the determinations of what The real debate on this bill—the Mi- be successful in life, both prenatal care must be available. We have heard the kulski amendment is the start of the and postnatal care. Senator from Iowa say health insur- real debate—is do we have the govern- Women of this country have a tre- ance will decide that. That is abso- ment decide based on cost or do we mendous stake in health care reform. lutely untrue. Health insurance will have the professional caregivers who We pay more now, if we can find cov- not decide it. The professional societies know the field decide based on what is erage at all, and there are too many will decide what will be covered, and best for that patient. That is the dif- ways in which insurance companies the insurance companies must cover it ference. block women from getting the basic under the Murkowski amendment. What the Senator from Alaska does, health services they need. The second point is there will not be which is necessary, is she says we will This amendment is critically impor- any objective criteria. The objective rely on the American College of Obstet- tant to make sure that women are able

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12273 to get preventive care services without I have been an advocate for cancer Murkowski amendment would cost, a deductible and without copays. This screening services for women, and I and it actually says there will be a sav- amendment recognizes the unique was dismayed when I saw the U.S. Pre- ings. So rather than the Mikulski health needs of women. It requires cov- ventive Services Task Force a few amendment, which would spend $1 bil- erage of women’s preventive services weeks ago issuing new guidelines for lion over 10 years, the Murkowski developed by women’s health experts to cancer screening for women—breast amendment would actually save $1.4 meet the unique needs of women. cancer screening for women. We have billion over 10 years. Why? Because the Why do we stress that? We stress all lived with breast cancer throughout Murkowski amendment relies on the that because for years we have strug- the course of the history of women, but combined commonsense and clinical gled in so many areas to make sure especially in the last probably 25 years judgment of American physicians. that women’s health needs were fo- the strides that we have made in sav- The ACTING PRESIDENT pro tem- cused on and not just health in general. ing lives and in the survivability of pore. The Senator’s time has expired. When we look at research through the women with breast cancer is because Mrs. HUTCHISON. So, Madam Presi- National Institutes of Health and what we have had early detection. We don’t dent, I urge a vote for the Murkowski it took to get to a place where research have a cure for breast cancer, and we amendment. I know we have the same would be done for women on women’s are all fighting for that cure, but until goals as Senator MIKULSKI and her subjects or on female mice or rats rath- we get it, the first line of defense is amendment, but I don’t believe the Mi- er than male subjects to make sure early detection. kulski amendment achieves the goal of that the differences between men and So now we have a new task force rec- having a woman and her doctor make women were considered in research, we ommendation that says everything we the decisions for her. That is the key have made important steps in that di- have had and enjoyed over the last 25 that I think is so important in this de- rection. Again, Senator MIKULSKI was years in saving women’s lives is no bate. I urge a vote for the Murkowski leading the way as it relates to having longer relevant because now, before the amendment. a women’s health research effort in our age of 50, you don’t need a mammo- I thank the Chair, and I yield the country. gram, and after the age of 50 it is every floor. This is one more step to make sure other year. The ACTING PRESIDENT pro tem- we are covering women’s preventive Well, I know Senator MIKULSKI and I pore. Who yields time? services developed by women’s health agree we do not think that is right. Ms. MIKULSKI. Madam President, I experts for the unique needs of women. Neither did any other woman in the yield 4 minutes to the Senator from That is what this is all about—making Senate when that was proposed years the State of Washington, who has been sure women have access to preventive ago by President Clinton. We all stood a real leader on these issues. services such as cervical cancer up and said no. I am standing up and I By the way, Madam President, before screenings, osteoporosis screenings, an- am saying no once again, and I am sure the Senator speaks, I want to thank nual mammograms for women under every woman in the Senate is, as many Senator STABENOW for a unique cour- 50, pregnancy and post partum women in America are. tesy. This is her desk, and as many of screenings, domestic violence But the Mikulski amendment doesn’t my colleagues know, I broke my ankle screenings, and annual checkups for actually fully address the problem of and I can’t get up to where my desk is women. having the task force—which is relied at this point. I will, however, in a mat- We know more women die of heart on 14 times in the bill before us—as the ter of another few weeks. But she has disease than actually any other dis- arbiter of what is necessary for our given me this desk on loan so that I ease. This is something I do not think government program and that it then could stand on my own two feet to de- is widely known. We have even heard will surely become the private sector bate this amendment, and I wanted to that many physicians do not realize standard as well. That task force even thank her for the courtesy. the extent to which heart disease is has money allocated to advertize its Madam President, I also want to note prevalent in women. All of us women task force recommendations. So rather something while the senior Senator have worked together on a women’s than the Mikulski amendment severing from the Republican leadership is here, heart bill and part of that is for the ties with the task force, the and the author of the amendment. We, screenings. Part of that is to make amendment now has another govern- the women of the Senate, on a bipar- sure we are screening for heart disease ment agency that has the same capa- tisan basis, have worked for women’s and strokes, the No. 1 killer of women. bility to basically interfere between health. Today, we disagree on what is This would make sure those screenings the woman and her doctor, which is the best way to achieve it by these two would be part of health care reform. where we want the decisions to be amendments. I want to thank my col- I could go on to list all the different made. Coverage decisions will be dic- leagues for setting a tone of civility. I prevention items, but I will simply say tated by both the task force and a new think this has been one of the most ra- that when we are talking about wom- Health Resources and Services Admin- tional, civilized conversations we have en’s health and we are talking about istration entry into the mix. had over this, and I would like to women’s lives, this is an incredibly im- While I certainly agree with Senator thank them. portant amendment to adopt. MIKULSKI about the importance of pre- As the leader on this side of the aisle, The ACTING PRESIDENT pro tem- ventive services for women and insur- in terms of seniority, I would like to pore. The Senator’s time has expired. ance coverage decisions, I can’t support extend my hand in friendship and sug- Ms. STABENOW. I yield the floor. her amendment because we still have gest when this bill is done, and this Mr. ENZI. Madam President, I yield 5 not one but two government task amendment is done, we continue to minutes to the Senator from Texas. forces and committees that will be in focus on this wonderful work that we The ACTING PRESIDENT pro tem- the middle of these health care cov- have done together. We have done pore. The Senator from Texas. erage decisions. I think the coverage things that have saved millions of Mrs. HUTCHISON. Madam President, decisions should be made by doctors lives, and so I look forward to con- I rise to speak on the Mikulski amend- and their patients. That is why I have tinuing that. ment and the Murkowski amendment joined with Senator MURKOWSKI in of- Madam President, I now yield 4 min- because I feel very passionate about fering the alternative approach. This is utes to the Senator from the State of women’s issues. In fact, Senator MI- what we should expect from any future Washington, Mrs. MURRAY. KULSKI and I have worked throughout health care reform, and it is certainly The ACTING PRESIDENT pro tem- my time in the Senate and her time be- what we expect today. pore. The Senator from Washington. fore me on these very issues—assuring The Murkowski amendment will Mrs. MURRAY. Madam President, I that women’s health care concerns, leave the medical decisions to the thank my colleague from Maryland, which are different from men’s in many guidelines established by those who and I would just say that wherever she instances, are a part of any health care know medical treatment best, which is stands on the floor of the Senate, she coverage in our country, and ongoing our own doctors. In fact, we have just leads us all. So we are delighted you we must assure the same. received a CBO assessment of what the are here and thank you so much for

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12274 CONGRESSIONAL RECORD — SENATE December 3, 2009 your leadership on this critical issue of Madam President, I want to empha- bility that it might be construed so making sure women have access to size that this amendment preserves the broadly as to cover abortion. But I un- quality preventive health care services doctor-patient relationship and allows derstand that the Senator has now and screenings which are so critical to patients to consult with their doctors clarified specifically that this amend- women across the country. on what services are best for them. ment will not cover abortion in any Madam President, the Senator from This has become a large topic of con- way. Specifically, abortion has never Maryland offered this amendment, and versation over the last several weeks, been defined as a preventive service I worked with her in the committee. and Senator MIKULSKI’s amendment and there is neither the legislative in- She has been a leader on this for many makes sure if a woman under 50 decides tent nor the language in this amend- years, and I echo her comments as well to receive an annual mammogram, this ment to cover abortion as a preventive that this has always been an issue. For amendment will cover it. She will be service or to mandate abortion cov- as long as I have been here—since able to work with her own doctor and erage in any way. I ask the Senator is 1993—the women in the Senate, on both take care of her health. that correct? sides of the aisle, have stood up to So, Madam President, I come to the Ms. MIKULSKI. Yes, that is correct. make sure that women’s care is part of floor today to strongly support the Mi- This amendment does not cover abor- health care, and we understand we kulski amendment, to thank her for tion. Abortion has never been defined have to stand shoulder to shoulder. It her leadership, and I hope we can get to as a preventive service. This amend- is unfortunate at this time that we see and vote on this important issue and ment is strictly concerned with ensur- this in a little different light, but I move on and pass health care reform. ing that women get the kind of preven- IKULSKI. We will agree with Senator M My constituents, when I go home, tive screenings and treatments they keep working together throughout our say: Move on. Get this done. We have may need to prevent diseases par- time here to make sure women’s pre- to take care of this because of our ticular to women such as breast cancer ventive services are covered. economy, because of the impact on I do support the Mikulski amend- and cervical cancer. There is neither small businesses, because of the rising legislative intent nor legislative lan- ment and the MIKULSKI approach. Her costs of premiums, and because of the amendment requires all health plans to guage that would cover abortion under large number of people who are losing cover comprehensive women’s preven- this amendment, nor would abortion their health care coverage. This health tive care and screenings at no cost to coverage be mandated in any way by care bill is going to make a major dif- women. I just wanted to come to the the Secretary of Health and Human floor for a minute and point out why ference when we get it passed, and the Services. this is so important. American public can take a deep Mr. ENZI. Madam President, I yield 2 When the economy is hurting, women breath and say: Finally, our govern- minutes to the Senator from Kansas. on the whole tend to think of caring ment has moved forward. Mr. BROWNBACK. Madam President, for their families first and not caring So let’s get past this amendment. I I rise in support of the amendment of for themselves. They take care of their support strongly the Mikulski amend- the Senator from Alaska, and I have children and their spouses first, and ment. Let’s move on this bill and take talked with my good friend, the Sen- they end up delaying or skipping their a major step forward for health care ator from Maryland, Ms. MIKULSKI, own health care in order to take care coverage for all Americans and pass about a side issue in this overall debate of their families. In fact, we know in the health care bill. about what is included in the definition 2007, a quarter of women reported de- Madam President, I yield the floor. of preventive care. The Senator from laying or skipping their health care be- ABORTION Maryland stated in a colloquy that cause of cost. In May of 2009, just 2 Mr. CASEY. Madam President, may I ‘‘there are no abortion services in- years later, a report by the Common- ask the Senator from Maryland to cluded in the Mikulski amendment.’’ wealth Foundation found that more yield for a question about her amend- She has stated that in colloquy. than half of women today are delaying ment, No. 2791 to H.R. 3590, the purpose I have trouble, however, because I be- or avoiding preventive care because of of which is to clarify provisions relat- lieve a future bureaucracy could inter- its cost. ing to first dollar coverage for preven- pret it differently. So I asked my friend That is not good for women, it is not tive services for women? from Maryland if she would include good for their families, and it is not Ms. MIKULSKI. Of course. clear legislative language in this say- good for their ability to be able to take Mr. CASEY. Senator MIKULSKI had a ing simply: care of their families and to take care similar amendment in the HELP Com- Nothing in this Act shall be construed to of themselves. So Senator MIKULSKI’s mittee bill and at that time, I com- authorize the Secretary, or any other gov- amendment is extremely important, mended the Senator on its substance as ernmental or quasi-governmental entity, to especially in this economic time. We I am a strong supporter of preventive define or classify abortion or abortion serv- know if women get the preventive care care for women. I thank her for offer- ices as ‘‘preventive care’’ or as a ‘‘preventive service.’’ and care for their needs, then they are ing this important amendment and able to care for their families. Yet the particularly for calling our attention I think that clarifies the issue, and it situation we find ourselves in today is to the importance of first dollar cov- would be my hope that my colleague that women are not taking preventive erage of preventive services for women. from Maryland would include that in care. They are not taking care of them- Ms. MIKULSKI. I thank the Senator. her language. It is not in there, even selves. Therefore, when they get sick, Mr. CASEY. Particularly in view of though there have been statements on they end up in the hospital and then some of the recent controversy about the floor. But, as we all know as legis- their families are in trouble. So we mammograms and coverage, I am par- lators, it is one thing to say something know preventive services can save ticularly grateful that the Senator has on the Senate floor, and it is one thing lives, and it means better health out- clarified this with this amendment and to have a colloquy, but it is far dif- comes for women. allow for the fact that preventive serv- ferent to have it written in the base We have to make sure we cover pre- ices must preserve the doctor-patient law. This is not in the base law. ventive services, and this takes into relationship. Thus, women under 50 So I would urge my colleague, the account the unique needs of women. may decide with their doctor that they Senator from Maryland, to include this Senator MIKULSKI’s amendment will should have a mammogram screening language. Absent that, I think there is make sure this bill provides coverage and this amendment would ensure cov- too much room for a broader definition for important preventive services for erage of such service. of what preventive care means; that it women at no cost. Women will have Ms. MIKULSKI. That is correct. could include abortion services as well, improved access to well-women visits— Mr. CASEY. There is one clarifica- and I would urge my colleagues to vote important for all women; family plan- tion I would like to ask the Senator. I against the Mikulski amendment if ning services; mammograms, which we know we discussed it during the HELP that is the case. have all talked about so many times, markup and it was not clarified at that On that ground, I think there are to make sure they maintain their time and thus I chose to vote against other issues involved, and that is why I health. the amendment because of the possi- think the approach of the Senator from

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12275 Alaska is superior, while maintaining I wish to reiterate a couple of points and let that information be made avail- the doctor-patient privilege. I think about my amendment that I made yes- able publicly through the pamphlets, this is a good debate for us to have, terday. the plans that come together from the given these recent discussions. But ab- The PRESIDING OFFICER. The Sen- insurance companies. But allow them— sent this change, I think there is an- ator from Maryland. allow me, as a consumer of health care, other issue that is involved that I Ms. MIKULSKI. Mr. President, I fear me as a consumer looking for the best would urge my colleagues to consider. the microphone of the Senator from plan for me and my family—to know Madam President, I want to yield Alaska is not working. what those guidelines are, not from a back to maintain some time for the Ms. MURKOWSKI. Is that better? government task force but from those Senator from Wyoming to be able to Ms. MIKULSKI. That is so much bet- who are the real experts. I think this is speak, so I yield the floor. ter. I want to hear about the amend- the transparency that health care Mr. FEINGOLD. Madam President, ment and continue our conversation. shoppers are looking for. disappointed that the Senate health Ms. MURKOWSKI. The Senator just Some have suggested: LISA, your care debate has gotten off on the wrong missed all the kind remarks I directed amendment doesn’t require the insur- foot. The first amendment voted on to her attention. ance companies to provide any preven- would add almost a billion dollars to Ms. MIKULSKI. I ask unanimous tion or screening services. There is no our budget deficits over the next 10 consent she be extended an additional 2 mandate in there. If we do not have a years. We should make sure health minutes. No, I withdraw that request. mandate, then the insurance compa- plans cover women’s preventive care Ms. MURKOWSKI. I will make sure nies are not going to provide health and screenings, but we should also find those comments that were made for care prevention and screening services. a way to pay for it, rather than adding the RECORD will be delivered to the I think we need to ask the question that cost to the already mountainous Senator personally. here, what is the point of prevention? public debt. At a time of record defi- I want to reiterate some points I It is to prevent more expensive care in cits, Americans expect fiscal responsi- made yesterday about my amendment the future by preventing the chronic bility from their representatives in and I will also share with my col- and more acute illnesses. So should not Congress. leagues, I know the Senator from the insurance companies want to uti- The PRESIDING OFFICER (Mr. Texas mentioned it as well, the CBO lize more preventive services, utilize KIRK). Who yields time? score we received late last evening. It more screenings, more wellness serv- Ms. MIKULSKI. Mr. President, we provides us with a score showing a cost ices, in order to keep down the costs of are waiting for Senator BOXER to come savings of $1.4 billion over the next 10 care based on the judgment of the doc- to the floor, so if the other side of the years. I think this is significant, as tors, based on the judgment of the pro- aisle has another speaker, I know at Members, certainly from the other fessionals, and not necessarily those the end we hope that Senator LISA and side, raised the importance of fiscal who, again, are part of a government Senator BARB—I say that because our discipline and our fiduciary responsi- entity? last names sound so much the same— bility here. Importantly, the CBO indi- I know within my staff I have a mem- could wrap it up. cated the provisions on the second page ber who is on the FEHBP plan, but How would the Senator from Wyo- which prevent the Secretary from they contact her on a somewhat reg- ming like to proceed? We are waiting using the recommendations of the ular basis about her diabetes care, en- for Senator BOXER or for Senator BAU- USPSTF to deny coverage would cost suring she is taking her medications, CUS. money which means we are protecting getting the necessary preventive serv- Mr. ENZI. Mr. President, I yield 10 certain benefits and that is very impor- ices offered by her insurer for her par- minutes to the Senator from Alaska so tant. ticular condition. she can actually propose her amend- The amendment we will have before It has been mentioned by several of ment that we have been debating and us, the Murkowski amendment, is one my colleagues that this USPSTF is not take up to 10 minutes. that allows or requires a level of trans- such a bad group of guys, they are not Ms. MIKULSKI. Then I will wrap up. parency with the recommended health just these nameless, faceless bureau- Mr. ENZI. That would still leave us screenings, prevention services that crats. I think it is important to recog- with 2 minutes. If it does leave us with are deemed necessary not by some task nize, and even the American Heart As- 2 minutes, then I would have the Sen- force that is appointed by folks within sociation has recognized it, that the ator from Wyoming use that 2 minutes. the administration, not by some com- Preventive Services Task Force is lim- Ms. MIKULSKI. Whatever way it will mission that has political relation- ited to only primary care doctors and work and accommodate you while we ships. What we are urging is that the not specialists such as the oncologists, are waiting to see who our speakers health screenings, the preventive serv- the cancer doctors who see patients are. ices, be determined by those who are every day battling cancer. These doc- The PRESIDING OFFICER. The Sen- actually in the field, those practi- tors who are providing Americans with ator from Alaska is recognized. tioners—those who are engaged in on- their suggestions on what services are Ms. MURKOWSKI. Mr. President, I cology, OB/GYNs. We need to be look- necessary for cancer screenings, but want to start my comments by ac- ing to the experts. We need to be look- yet these doctors are not part of this knowledging my colleague from Mary- ing to that peer-reviewed science. We task force, have again shone the spot- land and accept her gracious offer to don’t need to be looking to those enti- light on what happens when you have a continue to work on this issue as it re- ties that have been brought together government entity or government task lates to women’s health and women’s by a government entity or by the Sec- force that is basically the one saying health services. As has been noted by retary. We need to be looking to the this is what is going to be covered, this the Senator from Maryland and the likes of the American Society of Clin- is not what is going to be covered. In Senator from Washington, this is an ical Oncology, the American College of my amendment, we specifically provide issue that we women of the Senate Surgeons, the American College of Ra- that the recommendations from have come together on repeatedly, to diation Oncology, the American Col- USPSTF cannot be used to deny cov- work cooperatively. While we do have, lege of Obstetrics and Gynecology. We erage of an item or service by a group some would say, somewhat dueling need to look to their recommendations. health plan or health insurance offeror. amendments here, I think it is impor- Again, as I mentioned yesterday in I think that is very important. tant to recognize the goals we are both my comments, if you go to their Web I think it is also important to recog- seeking to attain here are certainly sites, if you look to their specific rec- nize that what we do in my amendment right in alignment. We are just choos- ommendations, they will give guid- is make sure the health plans consult ing different means to get there. But I ance, guidance that, again, is based on the recommendations and guidelines of appreciate, again, the civility and co- their practice in oncology, their prac- the professional medical organizations operation from not only Senator MI- tice as an OB/GYN. Look to what they to determine what prevention benefits KULSKI but the other women of the set out as the guidelines for cervical should be covered by these health in- Senate on this very important issue. cancer screening, for mammograms, surance plans throughout the country.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12276 CONGRESSIONAL RECORD — SENATE December 3, 2009 We also require plans to provide this coverage, consult the medical guidelines and In addition, we are concerned that Senator information directly to the individuals. recommendations of relevant professional Murkowski’s preventive health services You get to see it for yourself. You get medical organizations of relevant medical amendment would take a step backwards by to make that determination. So what practice areas (such as the American Society substituting the judgment of the inde- of Clinical Oncology, the American College pendent U.S. Preventive Services Task Force that means is the doctors and the spe- of Surgeons, the American College of Radi- with the judgment of private health insur- cialists will be recommending what ation Oncology, the American College of Ob- ance companies. preventive services to cover, not those stetricians and Gynecologists, and other Frankly, it is a point I very much in Washington, DC. similar organizations), including guidelines agree with. I don’t think we want the My amendment ensures that the Sec- and recommendations relating to the cov- judgment of private health insurance retary of Health and Human Services erage of women’s preventive services (such companies making these decisions. I shall not use any of the recommenda- as mammograms and cervical cancer think it is appropriate the sponsor of tions, again made by the task force, to screenings). The plan or issuer shall disclose such guidelines and recommendations to en- the amendment finish. She is doing a deny coverage. We also include broad rollees as part of the summary of benefits very good job. protections to prevent bureaucrats at and coverage explanation provided under Mr. ENZI. I will yield our final the Department of Health and Human section 2715.’’. minute to the Senator from Wyoming. Services from denying care to patients On page 17, line 25, strike ‘‘(b)’’ and insert The PRESIDING OFFICER. The Sen- based on comparative effectiveness re- ‘‘(c)’’. ator from Wyoming is recognized. search. And finally, we have a provi- On page 18, lines 3 and 4, strike ‘‘or (a)(2)’’. On page 18, line 4, strike ‘‘(a)(3)’’ and insert Mr. BARRASSO. Mr. President, my sion that ensures the Secretary of ‘‘(a)(2)’’ wife Bobbi was diagnosed with breast Health and Human Services may not On page 18, line 11, strike ‘‘(c)’’ and insert cancer by a screening mammogram in define or classify abortion or abortion ‘‘(d)’’. her forties. It is that screening mam- services as preventive care or as pre- On page 124, between lines 22 and 23, insert mogram that has saved her life. By the ventive services. the following: time of the mammogram, the tumor The PRESIDING OFFICER. The time (d) RULE OF CONSTRUCTION WITH RESPECT had spread and she has had two oper- of the Senator has expired. TO PREVENTIVE SERVICES.—Nothing in this Act (or an amendment made by this Act) ations and two full bouts of chemo- Ms. MURKOWSKI. I appreciate that. shall be construed to authorize the Sec- therapy. I do not want a government I think my amendment is straight- retary, or any other governmental or quasi- bureaucrat making a decision for the forward. I think it is a good com- governmental entity, to define or classify women of America if they should be al- promise and again it is a clear differen- abortion or abortion services as ‘‘preventive lowed to have screening mammograms. tial between what we are going to do to care’’ or as a ‘‘preventive service’’. It saves lives—1 in 1900, for women in allow a woman to have full choice with On page 1680, strike lines 10 through 12, and their 40s. her doctor as opposed to government insert the following: The Reid bill empowers bureaucrats telling us who we should be seeing. ‘‘(A) to permit the Secretary to use data obtained from the conduct of comparative ef- to decide what preventive benefits will AMENDMENT NO. 2836 TO AMENDMENT NO. 2786 fectiveness research, including such research be allowed for American women. The Mr. President, I ask consent to call that is conducted or supported using funds amendment from the Senator from up my amendment, No. 2836. appropriated under the American Recovery Maryland does the same—bureaucrats, The PRESIDING OFFICER. The and Reinvestment Act of 2009 (Public Law 111–5), to deny coverage of an item or service not the physicians who are doing the clerk will report the amendment. treating. That is why I support the The assistant legislative clerk read under a Federal health care program (as de- fined in section 1128B(f)) or private insur- amendment of the Senator from Alas- as follows: ance; or’’. ka, because that amendment says the The Senator from Alaska [Ms. MURKOWSKI] The PRESIDING OFFICER. The Sen- Federal Government cannot use rec- for herself, Mrs. HUTCHISON, and Mr. ator from Montana is recognized. ommendations of the U.S. Preventive JOHANNS, proposes an amendment numbered Services Task Force, recommendations 2836 to amendment No. 2786. Mr. BAUCUS. Mr. President, I am going to speak very briefly on the from bureaucrats, to deny care to any- Ms. MURKOWSKI. I ask unanimous pending subject and then let the spon- one including seniors on Medicare— consent that further reading of the sor of the amendment, that is the Mi- anyone in America. That is how this amendment be dispensed with. kulski amendment, finish up here. I decision should be made, not by gov- The PRESIDING OFFICER. Without think it is very telling—I know this ernment bureaucrats. objection, it is so ordered. point has been made before but I think I yield the floor. The amendment is as follows: it bears repeating—the American Heart The PRESIDING OFFICER. The Sen- (Purpose: To ensure patients receive doctor Association, American Stroke Associa- ator from Maryland is recognized. recommendations for preventive health tion has written and released to the Ms. MIKULSKI. Mr. President, how services, including mammograms and cer- much time is there on our side? vical cancer screening, without inter- Senate this letter. I will read the most ference from government or insurance important part here. Basically they The PRESIDING OFFICER. The Sen- company bureaucrats) say they strongly support requiring ator has 3 minutes. On page 17, strike lines 11 through 14. health plans and Medicare providing Ms. MIKULSKI. Mr. President, I On page 17, line 15, strike ‘‘(2)’’ and insert first dollar coverage for clinical pre- yield myself 3 minutes. ‘‘(1).’’ ventive services that are evidence As we get ready to conclude the de- On page 17, line 20, strike ‘‘(3)’’ and insert based and necessary for the prevention bate on both the Mikulski as in BAR- ‘‘(2)’’. or early detection of an illness or dis- BARA MIKULSKI and Murkowski as in On page 17, between lines 24 and 25, insert ability. We all agree with that. LISA MURKOWSKI amendments, I want the following: They go on then to comment on the to first say a word about the Senator ‘‘Notwithstanding any other provision of Murkowski amendment, saying they from Alaska. We have worked together law, the Secretary shall not use any rec- appreciate the Murkowski amendment on the Health, Education, Labor and ommendation made by the United States Pensions Committee. We have worked Preventive Services Task Force to deny cov- recognized the value of the guidance erage of an item or service by a group health and recommendations but they go on together as women of the Senate, to plan or health insurance issuer offering to say that even these guidelines must provide access to women’s health serv- group or individual health insurance cov- be held to a standard of being evidence ices. Not too long ago, when I had my erage or under a Federal health care pro- based. awful fall, she gave me much wisdom gram (as defined in section 1128B(f) of the So- I might say, I run across this over and counsel and practical tips because cial Security Act (42 U.S.C. 1320a–7b(f))) or and over again in the medical profes- she herself had broken her ankle. To private insurance. sion—medical experts. We need to keep us, when you say to Senator LISA or ‘‘(b) DETERMINATIONS OF BENEFITS COV- moving more and more toward evi- Senator BARB, ‘‘Break a leg,’’ it has a ERAGE.—A group health plan and a health in- surance issuer offering group or individual dence-based medicine. whole different meaning. I again thank health insurance coverage shall, in deter- This statement from the American her for all her work. I have great re- mining which preventive items and services Heart Association, American Stroke spect for her. I look forward to our con- to provide coverage for under the plan or Association, goes on to say: tinued working together.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12277 But I do sincerely disagree with her Nelson (FL) Shaheen Vitter that has been created by those of us in amendment because what her amend- Pryor Snowe Warner the government or by some administra- Reed Specter Webb ment does is, it guarantees, really, Reid Stabenow Whitehouse tion, by some Secretary. only information. It does not guar- Rockefeller Tester Wyden So what we propose with this amend- antee universal access to preventive Sanders Udall (CO) ment is an insurance offering, if you Schumer Udall (NM) and screening services. will. You will know fully what is part It also does not remove the cost bar- NAYS—39 of your plan. It is you and your doctor riers by eliminating the high Alexander DeMint LeMieux making these decisions. deductibles for the copayments when Barrasso Ensign Lugar Bennett Enzi McCain I urge a ‘‘yes’’ vote on this amend- you go to get a preventative or screen- Bond Feingold McConnell ment. ing service. It tells insurance compa- Brownback Graham Murkowski Mr. ENSIGN. Mr. President, I ask for nies to give information on rec- Bunning Grassley Nelson (NE) the yeas and nays. Burr Gregg Risch ommended preventative care. That is a Chambliss Hatch Roberts The PRESIDING OFFICER. Is there a good thing, but it is a threshold thing. Coburn Hutchison Sessions sufficient second? There appears to be. You need to have universal access to Cochran Inhofe Shelby The question is on agreeing to the the service. Corker Isakson Thune Cornyn Johanns Voinovich Murkowski amendment. In addition, we do not mandate that Crapo Kyl Wicker The clerk will call the roll. you have the service; we mandate that The PRESIDING OFFICER (Mr. The bill clerk proceeded to call the you have access to the service. The de- BURRIS). On this vote, the yeas are 61, roll. cision as to whether you should get it the nays are 39. Under the previous The result was announced—yeas 41, will be a private one, unique to you. We order requiring 60 votes for the adop- nays 59, as follows: leave it to personalized medicine. So in tion of this amendment, amendment [Rollcall Vote No. 356 Leg.] the poignant case of the wife of the No. 2791, as amended, is agreed to. Senator from Wyoming, it would have YEAS—41 Under the previous order, the motion been up to the doctor, the physician, to Alexander DeMint McCain to reconsider is considered made and Barrasso Ensign get her the service she needed. McConnell laid upon the table. Bennett Enzi Murkowski It is not only I or one side of the aisle Bond Graham Nelson (NE) AMENDMENT NO. 2836 that is opposing the Murkowski Brownback Grassley Risch amendment. The American Cancer So- Under the previous order, there will Bunning Gregg Roberts Burr Hatch ciety, the American Heart Association, now be 2 minutes of debate, equally di- Sessions Chambliss Hutchison Shelby vided, prior to a vote in relation to Coburn Inhofe and the American academy of GYN Snowe amendment No. 2836, offered by the Cochran Isakson services oppose it. Thune Collins Johanns My amendment is a superior amend- Senator from Alaska, Ms. MURKOWSKI. Vitter The Senator from Maryland. Corker Kyl ment because it guarantees universal Cornyn LeMieux Voinovich access to preventative and screening Ms. MIKULSKI. Mr. President, I rise Crapo Lugar Wicker in opposition to the Lisa Murkowski services. It also eliminates one of the NAYS—59 major barriers to accessing care by get- amendment. Though well-intentioned, it does not guarantee universal access Akaka Franken Mikulski ting rid of high payments and Baucus to preventive and screening services for Gillibrand Murray deductibles. It doesn’t say you will Bayh Hagan Nelson (FL) have a mammogram at 40 because, women. It does not remove the cost Begich Harkin Pryor Bennet Inouye again, we are substituting ourselves for barriers of high payments and Reed codeductibles. It is opposed by the Bingaman Johnson Reid the task force; it says you will have Boxer Kaufman American Cancer Society and the Rockefeller universal access to that mammogram Brown Kerry Sanders Burris Kirk American Heart Association. It pri- Schumer if you and your doctor decide it is Byrd Klobuchar marily provides information on those Shaheen medically necessary or medically ap- Cantwell Kohl Specter matters. Cardin Landrieu propriate. Stabenow Vote for Mikulski. Don’t vote for We salute her intention, but we think Carper Lautenberg her amendment is too limited, and, to Casey Leahy Tester Murkowski. And please, on this one, Udall (CO) quote the American Heart Association, Conrad Levin get it straight. Dodd Lieberman Udall (NM) it would be an actual ‘‘step backwards’’ The PRESIDING OFFICER. Under Dorgan Lincoln Warner in the area of making preventive serv- Durbin McCaskill Webb the previous order, the question is on ices available, particularly not only in Feingold Menendez Whitehouse agreeing to amendment No. 2791 offered the matter of cancer but in heart and Feinstein Merkley Wyden by the Senator from Maryland, Ms. MI- vascular disease—the emerging No. 1 The PRESIDING OFFICER. On this KULSKI, as amended. killer for women. vote, the yeas are 41, the nays are 59. Ms. MIKULSKI. I ask for the yeas I urge defeat of the Murkowski Under the previous order, requiring 60 and nays. amendment. votes for the adoption of amendment The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- No. 2836, the amendment is withdrawn. sufficient second? ator’s time has expired. Mr. NELSON of Nebraska. Madam There appears to be. The Senator from Alaska. President, this afternoon I voted The clerk will call the roll. Ms. MURKOWSKI. Mr. President, the against the amendment offered by my The assistant legislative clerk called purpose of this amendment is to ensure colleague, the senior Senator of Mary- the roll. we do not have government entities land, Ms. MIKULSKI. The result was announced—yeas 61, that are making those decisions we as I voted against this amendment with nays 39, as follows: individuals working with our doctors regret because I strongly support the [Rollcall Vote No. 355 Leg.] feel is best. underlying goal of furthering preven- YEAS—61 The intent behind this amendment is tive care for women, including mam- Akaka Collins Kirk to ensure that those medical profes- mograms, screenings, and family plan- Baucus Conrad Klobuchar sional organizations, whether it is the ning. Unfortunately, the amendment Bayh Dodd Kohl Begich Dorgan Landrieu American Society of Clinical Oncology did not incorporate language I sug- Bennet Durbin Lautenberg or the American College of Surgeons or gested to specifically clarify that abor- Bingaman Feinstein Leahy the American College of Radiation On- tion would not be covered as a future Boxer Franken Levin Brown Gillibrand Lieberman cology or the American Society of Ob- preventive care service. I appreciate Burris Hagan Lincoln stetricians and Gynecologists—those the assurances from Senator MIKULSKI Byrd Harkin McCaskill who are in the practice, those who are in a colloquy on the floor that abortion Cantwell Inouye Menendez making the recommendations—these would not be covered as a preventive Cardin Johnson Merkley Carper Kaufman Mikulski are the individuals we want to know service, but words do not supersede the Casey Kerry Murray are being consulted, not some entity language in the legislative text. I do

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12278 CONGRESSIONAL RECORD — SENATE December 3, 2009 look forward to ways in which Con- These Washington tactics of trying We know preventive care like that gress can further preventive care serv- to shift health care reform back to saves lives and also money. ices for women. some committee to languish is exactly Most seniors live on a fixed income. The PRESIDING OFFICER. The Sen- why nothing ever gets done around Free preventive care is the best way to ator from Colorado is recognized. here. The almost unbelievable part of encourage seniors to seek important AMENDMENT NO. 2826 TO AMENDMENT NO. 2786 this is that the opponents of my medical precautions. More preventive Mr. BENNET. Mr. President, I have amendment say the health care bill care is proven to save lives and lower an amendment No. 2826 at the desk. I hurts seniors. Yet the bill and our health care costs. would like to call it up at this time. amendment is being supported by the Mr. President, health care reform The PRESIDING OFFICER. The AARP, the Alliance for Retired Ameri- will cut the cost of brand-name pre- clerk will report. cans, Center for Medicare Rights, and scription drugs in half for those who The assistant bill clerk read as fol- the National Committee to Preserve are stuck in the gap of coverage be- lows: Social Security and Medicare. tween initial and catastrophic cov- The Senator from Colorado [Mr. BENNET], What are the opponents of my erage. We eliminate the 20-percent cut for himself, Mr. HARKIN, Mr. DODD, Mr. amendment actually saying—that physicians would otherwise see next BROWN, Mr. DURBIN, Mrs. LINCOLN, Mr. AARP and other senior advocates don’t year, making sure seniors can continue WYDEN, Mr. BEGICH, Mr. BAYH, and Mrs. know what they are doing? They know to see their own doctor. SHAHEEN, proposes an amendment numbered what they are doing, and they also Opponents of health care reform 2826 to amendment No. 2786. know what is in the bill. The AARP has don’t have a plan to protect seniors Mr. BENNET. Mr. President, I ask seniors’ best interests in mind, and and strengthen the Medicare Program. unanimous consent that reading of the they want what is best for Medicare in I have heard more criticism about the amendment be dispensed with. the long run. This bill makes tremen- number of pages in the bill than I have The PRESIDING OFFICER. Without dous strides to a more solvent, more heard about a responsible alternative objection, it is so ordered. stable Medicare Program for years to that would extend the life of Medicare The amendment is as follows: come. and make the other benefits that are in (Purpose: To protect and improve guaranteed Unfortunately, in the hopes of even- this bill. Medicare benefits) tually trying to kill the bill, there are I wanted to come to the floor with a On page 1134, between lines 3 and 4, insert people who are making claims that are simple and straightforward message to seniors: We will protect Medicare. This the following: frightening our seniors—meant to bill does. We will make sure nobody Subtitle G—Protecting and Improving frighten them—here and also in Colo- touches your guaranteed benefits. This Guaranteed Medicare Benefits rado, where people have been calling on bill does. We will make sure Medicare SEC. 3601. PROTECTING AND IMPROVING GUAR- their phones convinced that somehow I ANTEED MEDICARE BENEFITS. is around for future generations. This want to cut their benefits. Nothing (a) PROTECTING GUARANTEED MEDICARE bill gets us started in that direction. could be further from the truth. I be- BENEFITS.—Nothing in the provisions of, or That is why I have introduced this lieve strongly in the sacred trust we amendments made by, this Act shall result amendment and why I support health have created with our seniors. That is in a reduction of guaranteed benefits under care reform. title XVIII of the Social Security Act. why I introduced this amendment. Sen- Everything I have said today is en- (b) ENSURING THAT MEDICARE SAVINGS BEN- iors are looking for simple clarity, and EFIT THE MEDICARE PROGRAM AND MEDICARE tirely consistent with the findings of health care reform can help their lives. the CBO, the nonpartisan organization BENEFICIARIES.—Savings generated for the This amendment says, in the clearest Medicare program under title XVIII of the that advises this Chamber. This legis- and most unambiguous of terms, as di- Social Security Act under the provisions of, lation makes explicit the commitment and amendments made by, this Act shall ex- rectly as we can say it, that nothing in that all of us share to the seniors tend the solvency of the Medicare trust this bill will cut guaranteed Medicare across the United States of America. It funds, reduce Medicare premiums and other benefits. All guaranteed Medicare ben- is my hope that once this amendment cost-sharing for beneficiaries, and improve efits stay intact for every senior in passes, we can get beyond the debate or expand guaranteed Medicare benefits and Colorado and all across the country. protect access to Medicare providers. we have had over the last 72 hours and Seniors will still have access to hos- get on to the substantive aspects of the Mr. BENNET. Mr. President, I was pital stays, to doctors, home health bill. paying very close attention to the floor care, nursing homes, and prescription I urge support for my amendment. I debate over the last few days, and at drugs. yield the floor. times I am beginning to wonder what The second part of the amendment The PRESIDING OFFICER. The Sen- bill it is we are debating. Only in Wash- goes further and says clearly and di- ator from Ohio is recognized. ington could an effort to extend the life rectly to seniors that we will use this Mr. VOINOVICH. Mr. President, over of the Medicare trust fund be viewed or bill to further protect and strengthen the past several months I have come to distorted somehow as being unfair or Medicare. We will extend the life of the the floor on a couple of occasions to re- bad for seniors. Medicare trust fund. We will lower pre- mind my colleagues and the American We know—and it is in print in the miums or cost share, increase Medicare people about the unsustainable fiscal CBO report—this bill doesn’t take benefits, and improve access to pro- crisis confronting this country. away any senior’s guaranteed Medicare viders. You don’t need to believe me. Our national debt has exceeded $12 benefits. We know the bill extends Look at the CBO. These improvements trillion for the first time in history. In Medicare solvency for 5 additional will be paid for with money saved in fact from 2008 to 2009 alone, the Federal years. How does it do that? It does it in Medicare under this bill. debt will increase 22 percent, boosting a way that is different from the way What is so regrettable about the de- the country’s debt-to-income ratio—or government usually does business, bate, and so tragic, is, if we don’t actu- national debt as a percentage of GDP— which is either adding or cutting from ally get this done, Medicare would be from 70 percent last year to 86 percent a program. It changes the way we de- bankrupt in just 7 years—in 2017. In the this year. We have not seen this kind of liver medicine in this country, and it Senate bill we are now considering, we debt to GDP ratio since the Second does it in a way that protects senior extend the trust fund’s solvency by 5 World War 65 years ago. benefits, and it extends the life of years. We lower premiums for seniors The American people know that this Medicare. by $30 billion over 10 years. That is real is unsustainable, but my Senate col- The attacks on this bill and my money back in the pockets of our sen- leagues from on the other side of the amendment have nothing to do with iors. We eliminate copays that seniors aisle continue to ignore this reality. I those facts. The sad part is that there now have to pay for preventive care. pledged that I would continue to cry are ideas on every side of this debate That means when seniors go to the doc- ‘‘the emperor has no clothes’’ until we that are worth considering. We should tor for a colonoscopy, they would not did something to address this crisis. be debating those ideas rather than have to make the copay like they have I should explain. Most people know claiming something that is just not to under current law. When they go to the story, ‘‘The Emperor’s New true about the bill. get a mammogram, the same is true. Clothes,’’ by Hans Christian Anderson.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12279 In the tale, an emperor goes about The bill’s proponents will tell you it is that the trial lawyers do not want the land wearing a nonexistent suit is paid for. But as David Broder points that to happen. So we are doing noth- sold to him by a new tailor who con- out in his November 22 Washington ing about a problem that is causing vinced the monarch the suit is made of Post editorial: physicians to give unnecessary tests the finest silks. The tailors—two swin- While CBO said that both the House-passed that are driving up the cost of health dlers—tell the emperor that the bill and the one Reid has drafted meet care in this country. threads of his robes will be so fine that Obama’s test by being budget neutral, every Most important, we need to focus our they will look invisible to those dim- expert I have talked to says the public has it efforts on jobs, jobs, jobs, jobs, jobs be- witted, or unfit for their position. The right. These bills, as they stand, are budget- cause one of the best things we can do emperor and his ministers, themselves busters. to increase health care coverage is to unable to see the clothing, lavish the And that is what many people are help businesses start to hire again. I tailor with praise for the suit, because hearing right now from their constitu- need a job. One of the reasons I need a they do not want to appear dimwitted ents, particularly many of those indi- job is when I have a job, in most in- or incompetent. viduals who are taking advantage of stances, I have some form of health Word spread across the kingdom of the Medicare Advantage Program. care. We have a lot of people who are the emperor’s beautiful new robes. To Furthermore, as former CBO Director being dropped off. We need more jobs. show off the extraordinary suit, a pa- Douglas Holtz-Eakin pointed out in the We should be concentrating on that if rade was formed. People lined the Wall Street Journal, this bill uses we want to up the number of people streets to see the emperor show off his ‘‘every budget gimmick and trick in who can get health care. new clothes. In this case, the health the books.’’ To repeat, we do not need to create care reform bill before the Senate. What are these gimmicks? Most trou- another set of government programs Again, afraid to appear stupid or bling to me and what my colleagues on that spends an additional $2.5 trillion unfit, everyone pretends to see the the floor have been discussing for the to build a new entitlement system suit. It is only when a child cries out last few days is what the bill does to when we cannot afford the one we have ‘‘the emperor wears no clothes’’ does the Medicare Program. now. That is the biggest thing with me. the crowd acknowledge that the em- I think we need to be honest with the If you cannot afford what you have, peror is, in fact, naked. American people. The Medicare Pro- how can you take on more? When we do Like the little boy crying out, those gram is already on shaky footing. De- that, we are being fiscally irrespon- of us on this side of the aisle are point- spite $37 trillion in unfunded—un- sible. We should deal with what we ing out this bill is fiscally not respon- funded—future Medicare costs and the have. It is amazing to me. If you look sible. prediction that the Medicare trust fund around the country, States are cutting Yet, while not addressing our current is expected to be insolvent by 2017, this their expenses and they are raising health care challenges, the so-called bill calls for $465 billion in cuts to taxes. And what are we doing in Wash- health care reform bill we are debating Medicare, not to fix the program but, also creates new programs at a time ington? We are taking on more expen- as I said, to create new programs. sive programs we cannot afford. That is when we aren’t paying for the one we For example, this health care bill already have, and it adds $2.5 trillion what I think is troublesome to me as a fails to acknowledge the $250 billion debt hawk. to what we are already spending. that is necessary to reform the Medi- I learned as a mayor and as a Gov- We need to understand what we are care physician payment formula to en- doing. The American people are paying ernor, if you cannot afford what you sure that our Nation’s seniors will be are doing, how can you take on new re- attention and they know that the em- able to see the doctor of their choice in sponsibilities? peror has no clothes when it comes to the future. I have heard it firsthand We could be using this opportunity to doing something about our fix our health care system by finally from family and friends that in some unsustainable fiscal crisis. working to lower health care costs and places in Ohio, Medicare beneficiaries We are losing our credibility and our pass those savings on to citizens who already face delays for physician serv- credit worldwide. They know it is im- are already overburdened by an expen- ices. moral to be putting this debt on the sive health care system. Right in my hometown, I have had backs of our children and grand- Yet instead of commonsense incre- doctors tell me: GEORGE, if I have children. I believe this health care bill mental reforms that increase access to somebody before they are Medicare eli- does that exactly. It exacerbates our affordable, quality health care, reduce gible and they go on Medicare, I will current fiscal situation. the costs of health care for all Ameri- take care of them. I am not taking There are lots of good things out cans, and lower our national health anymore new Medicare patients be- there, a lot of good things we all would care spending, we have this bill before cause of the reimbursement system. I like to do. But just like a family, if you us. heard the same thing in terms of Med- cannot afford what you are doing now, Unfortunately, the bill violates the icaid. how can you afford to take on more re- medical principle, first, do no harm. In- We have a problem out there. Sadly, sponsibility in terms of debt? stead, it is more of the same—more my friends on the other side of the Mr. President, I yield the floor. spending and more taxes—on an al- aisle do not want to be honest with the The PRESIDING OFFICER. The Sen- ready struggling economy, this at a American people and include the cost ator from Rhode Island. time when we are currently witnessing of the physician payment fix in the Mr. REED. Mr. President, I think it the worst recession this country has bill. It should be there. Let’s be honest is important to focus on the fiscal dif- experienced since the Great Depres- about it. Let’s be transparent. It is an- ficulties we have today, but I think it sion. other example, I think, of the smoke is also important to recognize the prob- The legislation we are considering and mirrors and budget gimmicks and able causes of these huge deficits: two when fully implemented, as I pointed tricks that former CBO Director Doug- wars, unfunded, no attempt to fund out, spends $2.5 trillion to restructure las Holtz-Eakin mentioned. them, spent simply by running up the our health care system. Yet it fails to Like I said, we must fix our health deficit; tax cuts, which were unfunded rein in the cost of health spending in care system to help millions of Ameri- and which did not ultimately generate the next decade. According to the Con- cans who find themselves without in- the kind of sustained economic growth gressional Budget Office, the Federal surance and those struggling to pay and job growth that their supporters Government’s commitment to health their health insurance premiums. We advertised, and then the Medicare Part care; that is, the cost of health care must increase competition in the pri- D program, an entitlement program paid for by the Federal Government, vate market, make it easier for small which was also completely unpaid for. would actually increase. In other businesses and individuals to purchase Today we have people talking about words, we are adding more on to this insurance and reform our medical li- entitlement reform, how that is a key extraordinary debt we have—unfunded ability system. I call this malpractice aspect of health reform. But so many mandates we have—in terms of Medi- lawsuit abuse reform. We should have of my colleagues on the Republican care. done that a long time ago. But the fact side supported President Bush when he

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12280 CONGRESSIONAL RECORD — SENATE December 3, 2009 proposed the Medicare Part D program, ance company. This is not the case much more proactive and, indeed, sup- a worthy program in concept, but in with traditional Medicare. The rebate port what I believe are sensible, sound the context of not paying for it, it is a was designed essentially to provide, proposals to provide quality, to ensure concept that is costing us greatly again, lower cost access to health care that over the long run, Medicare is today. benefits for the consumers of Medicare more solvent. Additionally, it is particularly ironic Advantage. In fact—the final point—the legisla- at this moment, because we are consid- The GAO found that 19 percent of tion before us would extend the life of ering a McCain motion that would re- Medicare Advantage beneficiaries actu- Medicare, the solvency of Medicare port this health care bill back to the ally pay more than traditional Medi- over at least 5 years. So for those peo- committee with the instructions to re- care for home health care and 16 per- ple who say we are trying to end Medi- store $400 billion in spending, roughly, cent pay more for inpatient services. care, their solution is simply to let it over 10 years. I cannot think of any- Here is the irony. We are paying the in- go bankrupt apparently in 2017 or to thing more contrary to the notion of surance companies more, but the bene- simply ignore it and let it find its own entitlement reform. ficiaries of Medicare Advantage are, in- fate. What we have tried to do in this bill deed, are also paying more. So there is We can do better. I urge rejection of is to restructure Medicare so that it no cost savings in this regard, in this the McCain motion. I yield the floor. will continue providing quality health program at least. The PRESIDING OFFICER (Mr. care, but also recognize the high costs The other point, which is I think we are facing going forward and the UDALL of New Mexico). The Senator critical and I alluded to, is that for the from Wyoming is recognized. general economic climate we face same services you receive in Medicare today. Again, let me remind you, in Mr. BARRASSO. Mr. President, I Advantage, there is, on average, a 14- come to the floor also to talk about January 2001, the unemployment rate percent increase overall for those simi- was about 4.6 percent. When President Medicare and what I see to be signifi- lar services in traditional Medicare. cant cuts in the Medicare Program. I Obama took office, it was double that We have to, I think, take tough steps practiced medicine in Wyoming for 25 and growing and continuing to grow. to eliminate these over-payments, but years, taking care of families from We have seen some effects to limit steps that will enhance the quality of across the State and many of these this growth, but it is still a critical care for seniors, and that is what is wonderful folks who are on Medicare. issue. Again, this reform package is de- being done in this bill. While some of They depend on Medicare for their signed not only to deal with the qual- these resources are being used to help health care. They depend on Medicare. ity of health care, accessibility to redesign a system for all Americans, Patients depend on it, the hospitals de- health care, and affordability of health there will also be significant improve- pend upon it, the physicians, the nurs- care, but it is designed to, over the ments for seniors, for care that is more ing homes, the home health care agen- long term, begin to rein in costs that effective and efficient, and less costly. cies—all of them depend on Medicare are absolutely out of control. Let me suggest something else. We Those suffering the most from this for their health care. are all paying right now for the cost of course are the American people and, in uninsured Americans. It has been esti- I listened to my close friends from some respects, small business men and mated that every private insurance across the aisle come to the floor as women. Their health care costs are plan in this country is paying—every well, and they seem to be trying to going up faster than any other costs, individual payer, businesses or indi- convince the American public that the and in many instances faster than vidual—about $1,000 a year for uncom- 2,074-page bill which weighs over 20 wages, and it is unsustainable. pounds actually does not cut Medicare. If in my State of Rhode Island we do pensated care. That is the cost hos- pitals shift from their uncompensated I heard the chairman of the Finance not take effective action, we will see Committee talk about it on the floor; I within several years premiums reach- care on to the insurance providers, the carriers, and that is translated into have heard it from the majority leader. ing $24,000 to $30,000 a year for a family The health care reform plan we are of four. We cannot sustain that. higher premiums for all Americans. Under this legislation, the hospitals looking at on this floor cuts $464 bil- If someone is interested in taking the lion from Medicare, and I have a list of very difficult step of entitlement re- will now see patients presenting them- all the Medicare cuts in this bill, page form, they would reject the McCain selves with an insurance card. Mr. after page, column after column. When motion. But there are other reasons to President, over 94 percent of Ameri- you add them all up, it cuts $135 billion reject the amendment, as well. First, cans, it has been estimated, will be from our hospitals—from our hos- the funding that has been eliminated covered under our proposal. So instead pitals—that are providing the care. We from the current health care system of showing up for free care, they will be have heard about some of the cost and the system going forward, has been under an insurance plan. The hospitals shifting from the Senator from Rhode eliminated because it does not improve will benefit. Medicare, Medicaid, and Island. Cost shifting occurs. Medicare care. This is particularly true in Medi- the whole health care system will ben- is one of the biggest deadbeats when it care Advantage. efit. This was a program that was devel- Again, this is one of the changes that comes to paying for hospital services, oped and sold essentially to the Amer- would be reversed by the McCain mo- and it is why hospitals end up shifting ican people as cost containment for tion. more costs to people who have health Medicare. This was one of the proposals Also, we have taken steps so that insurance, and why, for those people, that would rein in out-of-control hospitals will be much more effective their premiums will go up if this bill health care costs by giving insurance in managing their patient flow. Re- becomes law. So $135 billion cut from companies the ability to manage more admissions will hopefully be reduced hospitals. effectively. by some of the provisions in this legis- The bill cuts $120 billion from a pro- Of course, what we have seen is a sig- lation. gram called Medicare Advantage. nificant increase in payments to Medi- There are many things we should do There are 11 million Americans in this care Advantage payments over tradi- and will do, but I believe we can suc- country who are on Medicare Advan- tional Medicare. Of course, these insur- cessfully balance expanding our cov- tage. They know who they are. They ance companies can manage health erage system, protecting quality of know it is a program that has worked care very well as long as they are re- care, but also recognizing, as has been well for them. People ask me what the ceiving very significant premium pay- suggested, the fiscal implications not difference is. Why would somebody ments from beneficiaries. But, those just for the moment but going forward. want to be on a program called Medi- premiums do not essentially go to bet- I suggest if someone is serious about care Advantage? Well, there is an ad- ter health care. It certainly goes, how- entitlement control, serious about the vantage to those seniors who depend ever, to better profits for the insurance fiscal implications of this legislation upon Medicare for their health care if companies. or any other legislation, they will not they are on Medicare Advantage. The Indeed, with Medicare Advantage simply order the committee to restore No. 1 advantage is, it actually helps co- there is a rebate given to each insur- these cuts. They would do something ordinate care.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12281 We know one of the best ways to help those services for their health care It punishes a group of people in order people keep down the cost of their med- needs. to benefit another. To me, that is not ical care is to find problems early and Then there is an $8 billion cut from reform. It will only make the system to get early treatment. So find the hospice providers, people who take care worse. problem and treat it before it gets too of our patients—my patients—in the That is why I support the motion we bad. Well, Medicare Advantage does final stages of their life. At a time in will be voting on today, the McCain both preventive care as well as coordi- their life when their body may be rid- motion. It says we are not going to fi- nated care. One of the big problems dled with cancer or they just need a nance a new government program on with Medicare is, it will pay a lot for place to go and be treated with respect the backs of our Medicare patients, on doing something to someone, but it and to be cared for, we are cutting $8 the people who depend upon Medicare will not pay much for helping someone billion in this bill from the hospice for their health care. It instructs the stay healthy. But now all of a sudden providers—people who are there and Finance Committee to write a bill that we are going to cut $120 billion from helping people in the final stages of doesn’t cut hospitals, that doesn’t cut Medicare Advantage, which actually their life. home health care, that doesn’t cut works on prevention and on coordi- When I look at this, I say: How in the Medicare Advantage, and that doesn’t nated care. world can my colleagues on the other cut hospice for our seniors who depend Then there is $42 billion from home side say they are not cutting Medicare upon those services. A vote for the health care agencies that will be cut. for our seniors? I read through the bill McCain motion gives us a chance to get Those are the folks who come into and there is $135 billion from hospitals, this right. someone’s home and help them stay $120 billion from Medicare Advantage, I do want health care reform. I just out of the hospital. The advantage of $40 billion from home health care agen- don’t want this bill. This is the wrong home health care is to allow people to cies, almost $15 billion from nursing prescription for our country. I don’t be- get care at home and not need to be in homes, and $8 billion from hospice pro- lieve we have to take the money out of the hospital, but suddenly we are look- viders, for a total of $464 billion for this Medicare and then spend it on a ing at $42 billion in cuts on Medicare country’s seniors. I don’t think we brandnew entitlement program. I go for home health care agencies. should pass this bill. Of course, there is home to Wyoming every weekend—and Then let’s take a look at nursing another $500 billion in taxes. It is a I know other Members go home and lis- homes: $15 billion in cuts for nursing huge and hugely expensive bill. ten to their constituents—and what I homes—those facilities taking care of To me, this is absolutely nothing but hear from the people in Wyoming is: people on Medicare—which, to me, robbing our folks who are on Medicare Don’t cut my Medicare. Don’t raise my means they are actually cutting it to start a whole new government pro- taxes. Don’t make things worse for me from the people who depend on Medi- gram. I am worried seniors all around in this economy. I certainly can’t af- care for their nursing home needs. the country are going to have less ac- ford it. The people of Wyoming want As an orthopedic surgeon, I have cess to doctors, especially in rural and practical, commonsense health care re- taken care of many people, such as a in frontier States, such as Wyoming. I form; reform that drives down the cost grandmother who breaks her hip. She am concerned they are going to see of medical care, improves access to doesn’t need to go into a nursing home community hospitals and home health providers and creates more choices. permanently, but what she needs to do care agencies and nursing homes— It is clear this bill has a very dif- is to go there for a short period of time skilled nursing facilities—struggling to ferent plan in mind. It is not too late for rehabilitation, where she can get keep their doors open. to work together for meaningful re- better and get stronger. She is not It is time for this Congress, for this form. We do not have to dismantle the ready to go home, and she does not Senate to listen to America’s seniors. current health care system and build it need to stay in a hospital, but she Let’s listen to the administration’s up in the image of big government and needs to be in a nursing home for a pe- own chief actuary. Richard Foster, the then try to say this is reform. The riod of time to get rehabilitated and chief actuary for the Centers for Medi- American people are telling us what then to get ready to go home and go care and Medicaid Services, said if kind of changes they want, and that is back to an independent life. There is a these Medicare cuts take effect, then why I will be voting for the McCain gap in time, and nursing homes help many providers ‘‘could find it difficult motion. with that. They are wonderful as a way to remain profitable and might end I yield the floor. to give somebody an opportunity to their participation in the program.’’ The PRESIDING OFFICER. The Sen- gain their strength. In our country, They may say: I don’t want anything ator from Montana is recognized. such as it is now, so many grand- else to do with Medicare. I am closing Mr. BAUCUS. Mr. President, I won- parents are living in communities my doors to Medicare patients. der if the Senator from Wyoming would where, perhaps, their children or We cannot have that in this country, be available to answer a question. grandchildren are no longer living or but I believe that is what this bill does. Mr. BARRASSO. I will, Mr. Presi- they can’t go and live with a son or Even the nonpartisan Congressional dent. daughter, but they need additional help Budget Office said these Medicare cuts Mr. BAUCUS. I am thankful to my and so they go to a nursing home. could ‘‘reduce access to care or dimin- good friend and neighbor to my State. So for that patient who has broken a ish the quality of care.’’ Is that what Is it true the CBO letters say the hip—the type of patient I have taken this Senate wants, to reduce access to Senate bill will extend the life—extend care of in the hospital—this bill is care or diminish the quality of care? the solvency of the Medicare trust going to end up cutting from the hos- How many experts does it take to fund? Is that true? pital $135 billion from Medicare for convince the majority party that cut- Mr. BARRASSO. I don’t have that that patient. It will end up cutting ting Medicare to pay for a brandnew letter with me, but everything I look nursing homes by $15 billion, for pa- government program is irresponsible? at says this will gut Medicare, make it tients who rely on nursing homes as We all agree Medicare is going broke. go broke sooner, and it will be bad for they recover from their hip surgery. The trust fund will run out of money in seniors. Then once they get home and get ready the year 2017. It has more than $37 tril- Mr. BAUCUS. I don’t have the letter for an independent life, a lot of times lion in unfunded liabilities. The Pre- in front of me, but in all deference and they can benefit from home health siding Officer knows that in his State, respect to my good friend from Wyo- care—someone coming into the home as well as in mine, Medicare’s physi- ming, the CBO says the exact opposite. and checking on them, giving them cian payment formula, which calls for It is the conclusion of the Congres- medications, making sure they are doctors to face a more than 40-percent sional Budget Office that this legisla- doing all right, checking their wound, cut over the next 10 years, is a system tion will help seniors by extending the and a number of different things—this that is broken. The Reid bill does noth- solvency of the Medicare trust fund by, bill will cut $42 billion from home ing to fix this problem. Instead, it I guess, 4 to 5 years. That is black and health care agencies; again, cutting the takes $1⁄2 trillion from Medicare to cre- white. If I had the letter in front of me, services to people who depend upon ate a brandnew entitlement program. I could read it to him, but that is a

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12282 CONGRESSIONAL RECORD — SENATE December 3, 2009 fact. This legislation will extend the tive services. They have not done that CONFIRMATION OF FEDERAL RESERVE CHAIRMAN solvency of the Medicare trust fund by over the years. Mr. SANDERS. Mr. President, what I another 5 years. This is an illustration of how the sys- want to touch upon is my strong belief So instead of being insolvent in the tem is broken. It is now December—the that Ben Bernanke should not be re- year 2017, under this legislation, that is end of the year—and it is the busiest appointed for a second term as Chair- extended to the year 2022. That is a time of year for me as a physician in man of the Federal Reserve. In that re- fact. At least the fact is that is what Wyoming because people have met gard, I placed a hold on his nomina- CBO concludes in their letter. That is a their deductibles—those who have in- tion. fact. surance have met their deductibles for Everyone in this country understands Second, as a caring physician, does the year—and they come into the office we are in the midst of the worst eco- the Senator think that we as a country and say: Is it now time for my oper- nomic crisis since the Great Depres- should try to find a way to provide ation? I have to get it done before the sion. We are looking at 17 percent of health insurance for so many Ameri- 1st of the year because my deductible our people being either unemployed or cans—some of them lower income—who has been used up, and I want to have underemployed. We are looking at av- don’t have health insurance in our my operation so I am not going to have erage length of unemployment being country? Because, after all, we are the to pay for it. longer than it has been since World only industrialized country in the In this country, we have the incen- War II. We are looking at a situation world that doesn’t find a way to make tives all wrong in terms of health care. where, over the last 8 or 9 years, me- sure its citizens have health insurance. We do need health care reform. dian household income has declined by As a physician who sees patients, Mr. BAUCUS. I agree. over $2,000. We are looking at a situa- Mr. BARRASSO. I don’t think this many of whom can’t pay their bills and tion where, according to USA Today, bill is the way to do it, which is a gov- defer medical treatment because they September 18, 2009: ernment takeover of the health care do not have health insurance, I am The incomes of the young and middle aged, wondering if the Senator believes this system. Mr. BAUCUS. Mr. President, I have especially men, have fallen off a cliff since country should try to find a way where 2000, leaving many age groups poorer than to address that one. My colleagues its citizens have health insurance. they were even in the 1970’s. want to speak, but I think it is worth Mr. BARRASSO. The Senator abso- What we are seeing is a long-term repeating over and over again: This lutely believes we need to find a way to trend resulting in the collapse of the legislation is designed to retain the make sure all the citizens of this coun- middle class, an increase in poverty, a uniquely American solution to health try have insurance, and there are ways growing gap between the rich and ev- care—roughly half public, half private. to do it: allowing people to buy insur- erybody else. Then, to make a very bad It is designed to make sure patients ance across State lines. That doesn’t can still, as they should, choose their situation worse, as a result of the take a 2,000-page bill. There are ways own doctor, any doctor they want—pri- greed, irresponsibility, and illegal be- to do it to help get down the cost of mary care doc, specialist, no gate- havior of Wall Street, we are now in a care that give individuals incentives to keepers and all that stuff. The doctors terrible economic decline. buy their own insurance, giving tax are totally free and should be free to The American people voted over- breaks to those individuals. We could make their own decisions, after con- whelmingly last year for a change in do things with tort reform, such as the sultation with their patients, as to our national policies and for a new di- loser pays rule. We could allow small what procedure makes sense or doesn’t rection in the economy. After 8 long groups to join together to have a better make sense. years of trickle-down economics that ability to bargain and get the cost of In addition to that, frankly, more benefited the very wealthy at the ex- insurance down. competition with the exchanges. This pense of the middle class and working So this Senator absolutely believes legislation, frankly, is rooted almost families, the people of our country de- we need to find a way to get everyone entirely on maintaining the current manded a change that would put the insured. There are people who need free market system in health care. interests of ordinary people ahead of help who don’t have help, and we need There is some insurance market re- the greed of Wall Street and the to find a way to do that, but it is not form, which I think everybody agrees wealthy few. What the American peo- this 2,000-page bill. with, which is denying preexisting con- ple did not bargain for was another 4 Mr. BAUCUS. I will ask this ques- ditions as a basis for denying coverage, years for one of the key architects of tion, and then I will finish because I and there is a modest expansion of the Bush economy, Federal Reserve know my colleagues want to speak. Medicaid for lower income people who Chairman Ben Bernanke. One of the basic underpinnings of just can’t get health care, but other- The Chairman of the Federal Re- this legislation is that we should wise this is legislation which is rooted serve—and the Federal Reserve itself— change the way we reimburse pro- in the current American system. has four main responsibilities. I want viders, moving away from quantity and We have a good system. It works. the American people to determine volume and more toward quality. I am This is just designed to make it work a whether they believe the Fed has, in curious—and this is not an antago- little better by making sure it reim- fact, succeeded in fulfilling these obli- nistic question. I am just trying to get burses, as the Senator from Wyoming gations. Here they are, four main re- a physician’s point of view because so wants, based more on quality. He sponsibilities: many doctors I talk to think that al- didn’t mention this, but I know he No. 1, to conduct monetary policy in though it creates a little uncertainty, agrees, also insurance market reform a way that leads to maximum employ- probably that is the right thing to do— so those patients who come to him ment and stable prices. Maximum em- to move our reimbursing based on qual- don’t have to wait until the end of the ployment? When you have 17 percent of ity, coordinated care, and focusing on year in the future as they have in the your people unemployed or under- the patient rather than our current past. employed, I do not think the Fed or all system, which reimburses more on But I want to get it very clear, this of us, any of us, have succeeded in that quantity and the number of services is no ‘‘government takeover.’’ That is a area. provided, et cetera. scare tactic. It is not accurate. It is ba- No. 2, to maintain the safety and Is that something the Senator thinks sically maintaining our current sys- soundness of financial institutions. Ob- we should pursue in this country? tem. viously, that has not been the case ei- Mr. BARRASSO. The current system I would now like to yield 10 minutes ther. is broken, Mr. President. The reim- to my good friend from Vermont. No. 3, to contain systemic risk in fi- bursement system focuses more on The PRESIDING OFFICER. The Sen- nancial markets. doing things than on helping patients ator from Vermont is recognized. No. 4, to protect consumers against stay healthy and get better. Medicare Mr. SANDERS. I am going to speak deceptive and unfair financial prod- has done a terrible job of that over the on something other than health care. I ucts. years, in terms of giving incentives for thank my friend from Montana for Not since the Great Depression has people or even for paying for preven- yielding. the financial system been as unsafe,

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12283 unsound, and unstable as it has been mists are demanding, and that is to mine—I have a good deal of admiration during Mr. Bernanke’s tenure. More start breaking up these large financial for Senator Dole—said, ‘‘I was there, than 120 banks have failed since he has institutions which are too big to fail. fighting the fight, voting against Medi- been Chairman, and the list of troubled In my view, if an institution is too big care—one of twelve—because we knew banks has grown from 50 to over 416. to fail, it is too big to exist. We have to it wouldn’t work in 1965.’’ He said that Mr. Bernanke has failed to prevent start breaking them up, not allow in 1995 when he was running for Presi- banks from issuing deceptive and un- them to get even larger. The Fed has dent. He was proud of the fact that he fair financial products to consumers. chosen not to do that. and Republicans had opposed the estab- Under his leadership, mortgage lenders We need transparency at the Fed. I lishment of the Medicare system. were allowed to issue predatory loans am the author of a GAO audit of the You might say: That was then, what that they knew consumers would be Fed, which now has 30 cosponsors, about recently? Here is the former unable to repay. This risky practice which I hope we will pass. But at the Speaker of the House, Newt Gingrich. was allowed to continue long after the very least, if the taxpayers of this He said, ‘‘We believe it’s going to with- FBI warned, in 2004, of an epidemic in country are putting at risk trillions of er on the vine,’’ speaking of Medicare. mortgage fraud. dollars being lent out to large financial Now my friends on the other side of Here is what the bottom line is. The institutions, we have a right to know the aisle—listening to them, you would bottom line is that the key responsi- which institutions are receiving that think they were the biggest supporters bility of the Fed is to maintain the money and under what terms. of Medicare forever, when they opposed safety and soundness of our financial Let me conclude by saying this: This it from its very beginning. institutions, and they failed. They country is in the midst of a horrendous Now we hear all the stuff about Medi- failed. As a result of the greed and economic crisis. Millions of families all care Advantage. If, in fact, we are speculation on Wall Street—which the over this country are at their wit’s end. going to be cutting a little bit out of Fed should have been observing, which They are suffering. They are trying to Medicare Advantage, they would like the Fed should have acted against, figure out how they are going to keep to tell you that somehow this is going which the Fed should have warned the warm this winter, how they are going to ruin Medicare. If that were true, American people and the Congress to pay their bills. The time is now for why would the National Committee to about—they did nothing and our finan- a new Fed, for a new direction on Wall Preserve Social Security and Medicare, cial system went over the edge. Street, for a Wall Street which is help- AARP, the alliance for retired Ameri- Then, after not doing their jobs as a ing our productive economy create de- cans, groups that represent tens of mil- watchdog, not fulfilling their obliga- cent-paying jobs, not a Wall Street lions of seniors—why would they stand tion to protect the safety and sound- based on greed, only for themselves, with us in support of our bill and not ness of our financial system, the finan- whose goal in life is to make as much with the Republicans, who want to gut cial collapse occurred, and what hap- money as possible for their CEOs. the very provisions we have in there pened? What the Fed did is provide not We need a new Fed, we need a new that will strengthen and preserve Medi- only—not only did Congress put $700- Wall Street, and we surely need a new care? plus billion into the bailout, the Fed Chairman of the Fed. My hope is that Do people really believe our Repub- provided several trillion dollars of President Obama will give us a new lican colleagues care more about sen- zero-interest loans to large financial nominee and not Mr. Bernanke. iors than these groups that actually institutions. When I asked Chairman I yield the floor. represent seniors? Bernanke which financial institutions The PRESIDING OFFICER. Who The truth is, when we talk about received these zero-interest loans, the yields time? The Senator from Mon- Medicare Advantage, we are talking answer was: I am not going to tell you. tana. about private insurance companies who Not going to tell you. Mr. BAUCUS. Mr. President, I ask The reason Congress, against my how much time is remaining on each promised that through competition vote, bailed out Wall Street is they side? they were going to deliver better qual- were too big to fail. Large financial in- The PRESIDING OFFICER. On the ity health care to seniors at a lower stitutions were too big to fail. Since majority side, 9 minutes 20 seconds; on cost. It all sounded good. But what has the collapse, three out of the four larg- the minority side, 23 minutes 10 sec- happened since Medicare Advantage est financial institutions have become onds. has come in? The reality is, Medicare is even larger. So the systemic danger for Mr. BAUCUS. Mr. President, I yield 9 now paying on average 14 percent more our economy is even greater today minutes—how many seconds? to these private plans than it would than it was before the bailout. The PRESIDING OFFICER. Now 9 cost to cover the same beneficiaries The American people want a new minutes 11 seconds. under traditional Medicare. In some Wall Street. They want a Wall Street Mr. BAUCUS. I yield 9 minutes 11 cases, it is as high as 50 percent more. which begins to respond to the needs of seconds to the Senator from Iowa. That is $12 billion a year more than if small business, so we can begin to cre- The PRESIDING OFFICER. The Sen- these beneficiaries stayed in Medicare. ate jobs, not just to Wall Street’s out- ator from Iowa is recognized. Basically, we are giving a $12 billion rageous executive compensation. Mr. HARKIN. I am deeply saddened subsidy to these companies. Let me suggest some of the things I that my Republican colleagues have, Again, don’t take my word for it. think a Fed Chairman should be doing, now we see very clearly, resorted to This is from a June 2009 MedPAC re- things Mr. Bernanke is not. fear tactics in their desperate attempt port: No. 1, today, bailed out financial in- to preserve a dysfunctional, costly, sta- We estimate that in 2009, Medicare paid stitutions are charging consumers 25 or tus quo medical system that we have in about $12 billion more for enrollees of [Medi- 30 percent interest rates on their credit this country today. Republicans, in care Advantage] plans than it would if they cards. The Fed has the power to stop their attempt to strike fear in seniors were in [fee-for-service] Medicare. that, to put a cap on interest rates. across the country, are trying to con- A $12 billion slush fund. We are say- That is what they should be doing. vince the people that they have ing we are going to reduce some of The Fed has the power to demand changed from the party that has al- those subsidies. I hear my friends on that bailed-out institutions provide ways opposed Medicare to now being the other side: My gosh, Medicare is loans at low interest rates to small and Medicare’s staunchest defenders. But going to take away all these benefits, medium-sized businesses so we can we all know, if it were up to our friends and all that other kind of stuff. Not begin to create the kinds of jobs that on the other side of the aisle, there necessarily. Right now we know, ac- are desperately needed in this country. would be no Medicare. They fought its cording to CBO, our bill will lower sen- That is not what Mr. Bernanke has very creation. Don’t take my word for iors’ Medicare premiums by $30 billion done. it, take one of their standard-bearers over 10 years. The Fed has the power now to do who ran for President. Senator Bob Then the other side says: But if you what is taking place in the United Dole, who was here when we created cut these Medicare Advantage pay- Kingdom, something that many econo- Medicare, Senator Dole, a friend of ments, you will see their benefits cut.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12284 CONGRESSIONAL RECORD — SENATE December 3, 2009 That is absolutely not true. All Medi- What my seniors need is the peace of ciently even though insurance compa- care plans, whether traditional Medi- mind of knowing that Medicare is nies have a 15-, 20-percent administra- care or private, must offer all required going to be there for them in the fu- tive cost overhead and Medicare’s is 3 Medicare benefits. Here is the kicker. ture. They need to know they are going or 4 percent or 2 percent. If, in fact, there are some cuts made in to get the benefits we have put in this The PRESIDING OFFICER. The Medicare Advantage, then these pri- plan that are in our bill and that will Chair reminds the Senator, the major- vate companies that are making $12 help Medicare beneficiaries. ity time has expired. billion in their slush fund, maybe rath- Here is what they are. AARP says: Mr. BROWN. I ask unanimous con- er than cutting benefits, maybe they The new Senate bill makes improvements sent for 2 additional minutes. will decide to cut their CEO salaries in the Medicare program by creating a new The PRESIDING OFFICER. Without from $12 million a year to $10 million a annual wellness benefit, providing preven- objection, it is so ordered. year. Maybe they will decide instead of tive benefits and, most notably for AARP Mr. BROWN. Much of what they are members, reducing drug costs for seniors three or four corporate jets, they only trying to protect is insurance company need one. Maybe they will start reduc- who fall into the dreaded Medicare doughnut hole. subsidies, not Medicare benefits which ing some of the profits they are mak- The bill also makes improvements on age their party has opposed for much of the ing, huge profits they are making off of rating, a discriminatory practice that allows last 40 years, including its creation. the taxpayers and off of Medicare pay- insurers to charge exorbitant age-based pre- Mr. HARKIN. As I said earlier, what ees right now. miums to older Americans. they are talking about in preserving Again, if we cut the Medicare Advan- Finally, AARP strongly supports provi- these benefits and this subsidy for sions in the Senate bill to strengthen long- tage Program, I guess my friends on Medicare Advantage is the big CEO the other side would say, No. 1, they term services and supports. We also applaud inclusion of provisions to improve access to compensation packages, the corporate can continue to pay their CEOs $12 mil- jets, the fancy buildings, the high prof- lion a year salaries. They can continue Medicaid home and community-based serv- ices. its, somewhere between 30 percent and the corporate jets. They can continue 200 percent profits made by these com- to have fancy buildings. They can con- All is in our bill, all of which would fall if we adopt the McCain amend- panies that are providing Medicare Ad- tinue to have outrageous profits. But vantage. That is what the Republicans they will have to cut Medicare. That is ment. I urge colleagues not to listen to the rhetoric from the other side. Listen are trying to protect, not the Medicare what the other side is saying. recipients. We are saying: No, cut the CEO sala- to those who really do represent sen- Mr. BROWN. I thank the Senator. ries. Cut the enormous profits. Cut iors. Make sure we preserve and pro- those corporate jets. Cut all of that tect the basic Medicare functions for The PRESIDING OFFICER. The Sen- stuff you are using the slush fund for, seniors and for those who are about to ator from Utah is recognized. but keep the benefits for Medicare. retire. You will not get that through Mr. BENNETT. Mr. President, I lis- As I said, under present law they can- Medicare Advantage. If Medicare Ad- tened with some interest to the com- not cut the basic Medicare benefits. No vantage wants to exist and compete on ments made when I came on the Senate senior anywhere in America will lose a level playing field, God bless them. floor. I simply want to make this one their core Medicare benefits under our Go ahead and get it done. That is what observation about Medicare Advantage. bill. Let’s be clear about that. If they we were promised when Medicare Ad- President Obama promised that Ameri- did, AARP, the National Committee to vantage came through here. I remem- cans who have coverage they like Preserve Social Security and Medicare, ber. Competition. But what we found would not lose the coverage they have. and the National Alliance for Retired is, we had to cough up an additional $12 There are a number of Americans who Americans would never be supporting billion to subsidize them. have Medicare Advantage. They like it, our bill. It is time for us again to say no to and they want to keep it. This Con- Lastly, according to an economic the fearmongers, to those who are try- gress is about to say: No, you can’t. survey done at Boston University, they ing to strike fear in seniors. It is time This Congress, through this bill, if it extensively analyzed Medicare Advan- to stand up, support the Bennet amend- passes, is going to eliminate Medicare tage payments and found that just 14 ment, which makes very clear that any Advantage. Frankly, the people who go percent of the additional funds these savings that come from Medicare has after Medicare Advantage because they private plans have received have gone to go back into Medicare. That is the like it are going to be the ones who are to benefit Medicare enrollees. The vast way it ought to be. That is what is in disadvantaged. They are going to be majority of the payments, 86 percent, this bill. The Bennet amendment the ones who will see President go to profits, CEO salaries, corporate makes that crystal clear. The McCain Obama’s pledge violated. jets, all these other things, or some of motion does away, basically, with all Frankly, I don’t think they much it may go to things such as gym mem- of the protections, all of the things we care about how much an executive is berships, spa memberships. I raised the have worked so hard for since 1965 to paid or what happens in the company. point the other day. Why should my provide. The McCain motion, when you They care that they have coverage Medicare beneficiaries in Iowa have to strip away all the verbiage, really what they like, coverage they are paying for, pay more in Medicare so that a Medi- it does is, it basically takes us back to coverage they have chosen, and they care beneficiary, say, in Arizona can go pre-1965 when we didn’t even have are being told by the Federal Govern- to a spa and have it paid for by Medi- Medicare. That is the kind of intent be- ment they cannot have what they care Advantage, paid for by the sub- hind it. want. sidies of $12 billion that we give them Mr. BROWN. Will the Senator yield There is another aspect to this that I that come both from taxpayers and for a question? would like to explore in the time I from Medicare recipients right now? I Mr. HARKIN. I am glad to yield. have. We keep hearing so much about don’t think it is fair for my seniors in Mr. BROWN. I thank the Senator for the CBO and all of the scores the CBO Iowa to have to pay for that. his incredible leadership on this issue is pointing out along with rhetoric A lot has been said about all the peo- and the public option, affordability, that says we can’t afford to wait, we ple who are in the Medicare Advantage and on prevention and wellness. need a solution now, the status quo is plans. I looked up the figures. Right I have listened to the debate with unacceptable. I would like to point out now, nationally, only 18.6 percent of all Senator MCCAIN and others on Medi- that the status will remain quo for 4 enrollees are in Medicare Advantage, a care. It seems what they are protecting years if this bill passes. In the budget little less than one out of five. In my is not Medicare but the huge insurance smoke and mirrors that have been put State, in Iowa, it is 10 percent, 1 out of company subsidies when President into this bill in order to make it look every 10. Why is that? We don’t have a Bush moved to privatize Medicare. It as if it costs less money, they make the lot of spas in Iowa. We don’t have those used to be the insurance companies effective date in 2014, so there will be 4 fancy things like they have in Florida told us they could do their part of years after the passage of this bill and Texas and Arizona and California, Medicare, one-fifth, one-sixth of Medi- where Americans will not see any kind wherever else all this stuff is going. care; that they could do it more effi- of change in their plans. What they

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12285 will see is an increase in their pre- ments to the nursing home that the What are we talking about? We are miums. They will see an increase in nursing home goes out of business. talking about creating a new entitle- taxes. What happens to the people who are in ment, a very expensive new entitle- Why do I say that? Between January the nursing home under that cir- ment. How are we going to pay for it? of 2010 and January of 2014 there will be cumstance? Well, they are going to According to this bill, we are going to four open seasons in which plans can be have to go someplace else and there is pay for it by transferring money from changed. As the taxes start to hit, as going to have to be money to pay for an existing entitlement. Anyone who the costs start to hit, those companies them to go someplace else and the thinks that is what is going to happen, that are involved in offering these money is going to have to flow through in the face of the anger that is being plans will say: OK, we have to get Medicare someplace else and then we generated by people who read about ready for the expenditures. What do we are back to the first option I talked this, believes a fairytale. do? We have four open seasons in which about, which is we were not serious The whole notion of trying to bal- to change our plans before this thing when we said we were going to take ance the cost of this tremendous new hits. $500 billion out of Medicare. We were entitlement by somehow a book- Obviously, that cannot be scored by not serious. In order to make sure you keeping entry that says we will take it CBO because CBO does not know what do not lose your benefits, we are going out of the Medicare account and we changes will be made. But do we really to have to start reinvesting in some of will put it in this account, and the think we can go through four open sea- these providers. We have seen providers computers that do not think—the com- sons with no change whatsoever in the go out of business because of the cuts puters simply compute—will say: Well, face of this enormous change that will into Medicare. We need to start putting then, if you put it in this account, then hit in January of 2014? Do we really that money back into Medicare. Then this account is revenue neutral. But think everything is going to remain we are back into the circumstance we the government’s account is not rev- static? That is what the CBO com- have been talking about all along: This enue neutral. This thing is going to puters are. Do we really think the $500 thing is not paid for. cost $500 billion, wherever we get the billion they want to take out of Medi- One final point I wish to make: We money. It is a cynical ploy, smoke and care to help pay for this will not be had a hearing today with the Chairman mirrors of the worst kind, in a budg- hashed over again and again? of the Federal Reserve. Ben Bernanke etary bait and switch, to say we are One of two things will happen. No. 1, is up for reappointment and, of course, going to take this out of Medicare. the Democrats will blink in the face of the entire conversation was about the I hear from my constituents—I hear the anger of senior citizens and say: We economy and what is the future of the from people who are not my constitu- really didn’t mean it. Yes, the bill cuts economy. There were a number of peo- ents who recognize me as a Senator in Medicare by $500 billion, but we really ple who had a conversation about the airports and other places—as they say, didn’t mean it. We have 4 years in past, but I wished to focus on the fu- increasingly: Do not pass this bill. We which to fix it; that is, 4 years in which ture. see it in the polls, but we see it in the to replace that $500 billion. Of course, I pointed this out to the Chairman passion of the people who come up to when that $500 billion is replaced, if and asked for his comments with re- us and let us know how firmly they are that is the way they decide to go, then spect to the future of our economy. opposed to this bill. The American peo- we will know that the numbers we are Most of my constituents do not under- ple do not want it, and the American getting out of CBO are completely stand what I am about to say. Frankly, people are right. most of the people in the press do not phony. Then we will know the state- I yield the floor. ment that this bill is revenue neutral understand it, and maybe even some The PRESIDING OFFICER. The Sen- is a nonstarter. Then we will know Members of this body do not under- ator from Iowa is recognized. there was never any intention to try to stand it. When we talk about the Fed- Mr. GRASSLEY. Mr. President, I deal with this cost. eral budget, two-thirds of the Federal Suppose future Congresses stand firm budget is beyond the control of this would like to also make a statement and say: Yes, we are going to stand Congress. Two-thirds of the Federal related to the amendment that is being firm in this 4-year period. We are going budget is on autopilot, unless this Con- presented by the Senator from Colo- to stand firm against the anger of sen- gress changes entitlements. rado. Speaking for several Members on ior citizens who are seeing their Medi- Somebody says: Well, what does this my side—hopefully, for all the Mem- care benefits get cut. We are going to word ‘‘entitlement’’ mean? Why do you bers on my side—we are very con- take the $500 billion out of Medicare. talk about entitlements? Entitlement cerned, as I think we have all made Then we will see the promises that are means, by law, these individuals are clear by now, that the Medicare sav- being made around here—that there entitled to this money, whether we ings in this bill are being used not for will be no cut in Medicare services—all have it or not. The Federal Govern- preserving Medicare but, instead, are disappear. ment has made a contract with them. being used to finance the creation of a I hear people say: We are not cutting All right, it is a social contract rather new Federal entitlement program. benefits. We are just cutting payments than a legal contract, but it is as bind- My understanding of the purpose of to providers. That statement is being ing politically where the Federal Gov- the amendment of the Senator from made over and over again on the other ernment has to spend the money, Colorado is to indicate that Medicare side of the aisle: We are not cutting whether it has it or not. savings will be used for extending the benefits. We are going to take that $500 Indeed, that is what we have seen in solvency of Medicare and the trust billion away from the providers, but fiscal year 2010. The budget we passed fund, reducing Medicare premiums and the benefits will remain the same. said revenues are going to be $2.2 tril- other cost sharing for beneficiaries, In my State, I have plenty of pro- lion and entitlement spending is going and to improve or expand Medicare viders that are on the edge, right now, to be $2.2 trillion, which means every benefits and access to providers. financially. They are on the edge of function of the government—our Em- Nobody can argue with that purpose going out of business, right now, finan- bassies overseas; our troops, wherever the Senator has expressed or his cially because of the cuts that have they may be; education; national amendment expresses. But the concern been made in Medicare in the name of parks; whatever it is—every dime will on our side that we have with this cutting down payments to providers. have to be borrowed in fiscal year 2010, amendment is it does not require that What happens to the people who are every single dime because every penny the savings from Medicare would in a nursing home that is currently de- coming into the Federal Government is only—with emphasis upon the word pendent upon Medicare payments in already programmed to go out, without ‘‘only’’—be used for that purpose. order to survive if they come in and coming through the Congress. It does As the Congressional Budget Office say: All right, we are not going to do not go through the appropriations has made clear, the cuts in Medicare in anything to the benefits these people process. We do not get to vote on it. this bill are not being used solely for are entitled to in this nursing home, People are entitled to receive this Medicare, as the Senator’s amendment we are just going to cut enough pay- money, and it is going to go out there. suggests, but, instead, are being used

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12286 CONGRESSIONAL RECORD — SENATE December 3, 2009 mostly to fund the creation of an en- sure. So I do not want to respond. But heard all sorts of arguments. I have a tirely new and separate subsidy pro- if you tell me, I tend to believe every- few rhetorical questions for my col- gram. For the Senator to accomplish thing you tell me. leagues and my friend, the President of what he intends to accomplish would Mr. BAUCUS. We trust each other. the United States. require entirely different language to We both trust each other. That is what There is no question Medicare Advan- ensure that savings from Medicare in the letter says. tage costs too much. I have agreed to this bill would only be used to protect Thank you. that with the chairman of the Finance Medicare benefits for seniors, as the The PRESIDING OFFICER. The Sen- Committee. But you cannot say that law now expresses. ator from Arizona is recognized. coordinated care does not improve the The right approach would include Mr. MCCAIN. Mr. President, I ask care of seniors, and that is going to be language making sure seniors have the unanimous consent that my colleagues cut. You cannot say that eyeglasses same access as they have today, to and I—the Senator from Tennessee, Mr. and hearing aids are not going to be home health services, skilled nursing ALEXANDER; the Senator from Okla- cut, and they do improve the care. You facilities and services, hospice care, homa, Mr. COBURN; Senator LEMIEUX cannot say to seniors who cannot af- hospital services, preventive benefits, from Florida; Senator ENZI; and Sen- ford a supplemental policy, who have and the benefits provided in the Medi- ator CRAPO—be allowed to engage in a Medicare Advantage, they are not care Advantage Program. So the Sen- colloquy. going to lose some of their care. They ate, it seems to me, should also ensure The PRESIDING OFFICER. Is there are. In fact, 2.6 million, according to that Medicare savings in this bill are objection? the Congressional Budget Office, are not being siphoned off to finance a new Without objection, it is so ordered. going to lose that very care—not some and separate entitlement program. Mr. MCCAIN. Mr. President, how of it, all of it. They are going to lose It is very clear to me—and I hope we much time do we have? that advantage under this legislation. are able to make it clear to people, all The PRESIDING OFFICER. The mi- The answer to the question, will this 100 Senators—that the Bennet amend- nority has 3 minutes 42 seconds; and impact seniors care, is yes. We have ment, as written, does not protect then, on top of that, at 2 o’clock, the heard these cuts aren’t going to impact Medicare. Senator from Arizona controls 171⁄2 anybody or the only people they are I yield the floor. minutes. going to impact are the insurance com- The PRESIDING OFFICER. Who Mr. MCCAIN. Thank you. I will let panies. Well, I am all for impacting the yields time? those minutes run together, if there is insurance companies, but I don’t want Mr. BAUCUS. Mr. President, I do not no objection. to impact patients negatively. think I have any time, but I ask unani- The PRESIDING OFFICER. Without So we have cuts to Medicare, includ- mous consent that as to the time I do objection, it is so ordered. ing hospitals, of $134.7 billion; hospices, have after 2 o’clock, I can take 2 min- Mr. MCCAIN. Mr. President, I wish to $7.7 billion; nursing homes, $14.6 bil- utes of that so I can ask a question of begin our conversation with a brief lion; Medicare Advantage, $120 billion; my good friend from Iowa. comment about the American Associa- home health agencies, $42.1 billion; and The PRESIDING OFFICER. Without tion of Retired Persons, known as the then you say you are not going to do objection, it is so ordered. AARP, that has now come out against anything to impact the care of seniors. Mr. BAUCUS. Mr. President, I might this amendment, incredibly. My colleague from Iowa, whom I love, ask my friend from Iowa, Senator It is a fascinating history of that lib- disputed my statement about the fact GRASSLEY, a question, if he is available eral Democratic group because, in 1993, that the life expectancy is going to go for a question. I am taking time. when we had some savings in Medicare, down under this bill. He has never Mr. GRASSLEY. Mr. President, I will the AARP said: practiced medicine a day in his life. I take a short minute to respond to a If we’re talking about Medicare cuts alone know what goes on inside hospitals. question. But our side has 7— as a way of financing health reform, we When you cut $130 billion out of the Mr. BAUCUS. I understand. I do not would fight that with all our strength—we’ve hospitals, the time you are going to want to cut into that time at all. gone as far as we can go down that road. wait for me, the time you wait after Mr. GRASSLEY. Could we discuss The AARP, on $6.4 billion Medicare you push your call button is going to this maybe a little bit later, what you cuts in 2005, said: ‘‘Strongly Opposes.’’ get extended and the complications brought up? They said the: from that are going to result in de- Mr. BAUCUS. I am taking it off my . . . conference agreement . . . undermines creased quality of care and shortened time, not your time. the critical protections built into both the life expectancies. There is no question Mr. GRASSLEY. OK. Medicaid and Medicare programs. Instead of about it. Mr. BAUCUS. Is it true the Congres- . . . shared sacrifice to achieve budgetary So we can play the game, but the real sional Budget Office said this bill, over savings. . . . thing Americans ought to know is al- 10 years, is not only deficit neutral but Every time there has ever been a sav- most $500 billion of spending on Medi- actually decreases the budget deficit ings in Medicare or Social Security in care patients today is going to go by by about $130 billion? Is that true? Is any way, shape, or form, the AARP has the wayside to be spent on a new enti- that what the Congressional Budget Of- come out against it, except now when tlement, on a brandnew entitlement. fice said? there is the most massive cut in Medi- The PRESIDING OFFICER (Mr. Mr. GRASSLEY. That is true. But I care in history and a transfer of those BROWN). The Senator from Idaho is rec- do not think the Senator wants to go funds to a vast new $2.5 trillion entitle- ognized. down that road because, do not forget, ment program. It was described as $2.5 Mr. CRAPO. If the Senator from there are 6 years of programs, of ex- trillion just yesterday by the chairman Oklahoma will respond to a question, penditures, and there is 10 years of rev- of the Finance Committee. he is a physician, and he has very well enue coming in. If you want to play I say shame on the AARP. I say to pointed out how the cuts to Medicare that game, you can pay down the en- my friends, especially those who are Advantage will reduce benefits to sen- tire national debt. under the Medicare Advantage Pro- ior citizens. The impacts on the hos- Mr. BAUCUS. Well, I do not know— gram, the 330,000 in my State, for pitals and home health care and the to be totally fair and respectful to one whom, admittedly, they are going to skilled nursing facilities and so forth of my very best friends in the Senate— cut their Medicare Advantage benefits, will be reduced services. I am aware of to cover that point, isn’t it also true take your AARP card, cut it in half, a June 2008 report from the Medicare the Congressional Budget Office said in and send it back. They have betrayed Payment Advisory Commission, the second 10 years this bill will reduce you. MedPAC, which said 29 percent of the budget by one-quarter percent of The PRESIDING OFFICER. The Sen- Medicare beneficiaries they surveyed GDP? Isn’t that also true, according to ator from Oklahoma is recognized. who were looking for a primary care the Congressional Budget Office? Mr. COBURN. Mr. President, the physician had trouble finding one who Mr. GRASSLEY. I cannot respond to chart behind me shows the cuts in would treat them. A similar survey in that because I do not know that for Medicare that are in this bill. We have Texas showed that in that State, only

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12287 58 percent of the State’s doctors would studies that say it is anywhere from could respond—if you are going to be willing to take a new Medicare pa- $100 billion to $175 billion a year. There spend $2.5 trillion a year, you have to tient, and only 38 percent of the pri- is nothing in this bill to eliminate get the money from somewhere. What mary care doctors accepted new pa- fraud. What we are doing is we are tak- the Democratic health care bill does is tients. ing care from seniors instead of taking get it three places. One is from seniors, So my question is, in addition to the the money from the fraudulent actors one is from taxes, and one is from the reduction of benefits, in addition to the in the health care system. grandchildren of seniors; that is, debt. reduction of access to hospitals and Mr. ALEXANDER. Mr. President, if I It comes from those three places. skilled nursing facilities and so forth, may say to the Senator from Arizona, What we heard earlier this week was won’t these cuts and the impact on I greatly appreciate his making this the Congressional Budget Office saying Medicare also represent a lack of abil- amendment, because there is so much the total effect of that $2.5 trillion is ity by Medicare recipients to literally said here on the Senate floor that must that for most Americans, premiums find physician care? be hard for many people to follow. But would continue to go up as they al- Mr. COBURN. There is no question, one thing I believe everybody agrees on ready are, and that for people who go to answer my colleague from Idaho, is there are going to be $465 billion in into the individual market they will go that if it doesn’t eliminate the ability, cuts to Medicare over the next 10 up even more—they will go up even it will deny by delaying the ability. years, period. Everybody agrees with more—except there will be some sub- Care delayed is care denied. All you that. The President of the United sidies for a little over half of those peo- have to do is read all of the tragedies States has said we are going to pay for ple, and where is the subsidy money that have gone on in this country for this new health care bill with one-half coming from? It is coming from Medi- people who have delayed care which from Medicare cuts and one-half from care. So that is the answer to the ques- has resulted in large complications for taxes. Everyone agrees with that. tion. that individual. What Senator MCCAIN’s amendment Mr. LEMIEUX. It would seem to me— Mr. ENZI. Mr. President, I wish to is saying is two things—and Senator and again, I am new to this process— raise a point as the accountant around MCCAIN, let me see if I characterize that 100 Senators would vote for Sen- here. You have mentioned some ways properly your amendment, because it is ator MCCAIN’s proposal because every- to cut Medicare to pay for this. Actu- a very simple amendment, as I read it. one in this Chamber believes we should ally there are only two ways you can It is saying, send it back to the Fi- strengthen Medicare. Who could be for pay for a government program. You nance Committee and say, bring the taking money out of Medicare if we have to do it through cuts or through health care bill back without the Medi- don’t need to? These are two separate taxes. I don’t think there is anybody in care cuts, without these cuts to hos- issues. Shouldn’t every Senator in this America who believes you can do $1 pitals, cuts to hospices, cuts to nursing Chamber say let’s send this back to the trillion worth of new programs and homes, cuts to Medicare Advantage, Finance Committee so those cuts can have them all paid for, unless you steal and cuts to home health agencies. be restored and we can start over and somewhere. That is what we are doing Second, if we are going to take take a step-by-step approach? That from Medicare. We say that is not money from grandma’s Medicare, let’s only seems fair to me. going to affect Medicare. If you elimi- spend it on grandma. Let’s take the Perhaps my colleague from Okla- nate the DSH payments which are part savings we find in Medicare and abso- homa could comment on that. of this, it is going to put some Wyo- lutely make sure we spend it on Medi- The PRESIDING OFFICER. The Sen- ming hospitals out of business. I can care, which the trustees have said is ator from Oklahoma is recognized. assure you that if those seniors can’t likely to go broke between 2015 and Mr. COBURN. I thank the Chair. go to a hospital in their town, they are 2017. We are in trouble in Medicare in this going to consider that a benefit cut. Did I correctly characterize the Sen- Nation. Everybody knows it. We have They are going to be upset, and they ator’s amendment? made promises. The unfunded liability ought to be. Mr. MCCAIN. Absolutely. on Medicare is $79 trillion. For us to The same with nursing homes. If you Mr. ALEXANDER. And does the Sen- take $1⁄2 trillion, no matter what the cut back on nursing homes, the people ator recall a few years ago when the Enron accounting says afterward, the who have to move to another town for Republicans suggested saving $10 bil- fact is we are going to reduce that; we a nursing home—because all of our lion over 5 years in Medicare, the ma- are going to make that worse. We may towns don’t have more than one nurs- jority leader said that was immoral, not make it worse next year or the ing home—puts quite a burden not only and that other Democratic Senators year after, but we are going to make it on the patient who isn’t going to get to thought it was awful? If $10 billion in worse. It is going to be worse for sen- see their family as much, but also on savings to try to make Medicare iors, but it is also, as the Senator from the family who has to travel a long stronger is immoral, what is spending Tennessee said, going to be extremely way to see the patient. So I don’t think nearly $1⁄2 trillion on a new program worse for the seniors’ kids and we ought to be paying for the new pro- called? grandkids. Not only have we done that, grams by doing this when Medicare Mr. LEMIEUX. I wonder if I could ask we have raised the taxes in Medicare needs an extended life. a question. on a certain group of people and we are I am always fascinated when they ex- The PRESIDING OFFICER. The Sen- going to take that money and not put plain that this will extend the life of ator from Florida is recognized. it in Medicare; we are going to take Medicare because, yes, if you cut pay- Mr. LEMIEUX. I have a question for that money, a Medicare tax, and create ments to everybody, that maybe saves my colleague from Tennessee. I am a new entitlement. money and extends the life of it, if we new here. This is all new to me. I So the Senator from Florida is abso- did that. Is there anybody who thinks thought the goal was to reduce health lutely right. If you vote against the we are going to cut the doctors over care costs while trying to provide McCain motion you are saying you the next 10 years by $250 billion? No, we health care for more Americans. We want to cut $1⁄2 trillion out of Medicare are not going to do that. We never are taking money out of health care for and that it will have no effect whatso- have. seniors to create a new entitlement ever on the care. Mr. COBURN. Would the Senator program. We are taking money out of I remind the Senator from Florida, yield for a moment? nursing homes, home health care, hos- there are 1 million people on Medicare Mr. ENZI. Yes. pitals, and a program called Medicare Advantage in the State of Florida, 1 Mr. COBURN. My one criticism of my Advantage that people in my State I million people who are going to lose colleagues in writing this bill is I think know enjoy very much. How does it benefits under this bill. One million there is money we can save in Medi- make sense that we are taking money people in the State of Florida will lose care. It is called waste, fraud, and out of Medicare to start a new health benefits under this bill. abuse. A Harvard professor who studies care program? Mr. ALEXANDER. Mr. President, I this says there is at least $125 billion a Mr. ALEXANDER. Well, if I may would ask the Senator from Oklahoma, year in fraud. We have had several say—and then I think maybe others who is a physician himself, if one of the

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12288 CONGRESSIONAL RECORD — SENATE December 3, 2009 effects of cuts in Medicare is to make In the end, what do we have? We have Mr. CRAPO. According to the Sen- it more difficult for people who are on a massive expansion of government, ator from Tennessee, it is my under- Medicare to see a doctor. It is like giv- $2.5 trillion for a massive new entitle- standing that nationwide it is about ing somebody a bus ticket and not hav- ment program, along with which come one-quarter of all Medicare bene- ing a bus. these incredible government controls ficiaries. About one in four Medicare I have been reading in the news- over the economy, as well as the cre- beneficiaries in America will see their papers, for example, in the Washington ation of a new government insurance benefits cut. All Medicare beneficiaries Post last month, that the Mayo Clinic, company, funded by $1⁄2 trillion, al- will see their access cut. So these prob- which is often held up as an out- most, of Medicare cuts, $1⁄2 trillion in lems we are talking about are not just standing example of a clinic that keeps taxes, and a massive debt, an unfunded limited in their impact. costs under control, has announced it mandate pushed on to the States. Mr. MCCAIN. I will respond again. no longer will accept Medicaid patients That is one of the reasons why I There are cost problems with Medicare from Nebraska and Montana, and some think the Senator from Arizona was so Advantage, but those cost problems Mayo clinic facilities in Arizona and in wise in bringing this motion as the can be fixed. Those cost problems can Florida are beginning to say no more first step in focusing on one of the first be brought under control. But the fact Medicare patients. fixes that needs to be made to this bill. is, to do away with a program that al- Is this what the Senator from Okla- Let’s step back. Let’s not pay for a lows them a choice in how they receive homa thinks could be happening at brandnew $2.5 trillion entitlement pro- their care is, of course, again, an effort other hospitals and centers, even very gram on the backs of our senior citi- to have the government make the deci- good ones such as the Mayo Clinic zens. sions for people, which flies in the face where they allegedly keep costs at a Mr. ALEXANDER. How much time is of everything we stand for and believe reasonable level? left? in. Mr. COBURN. I think that is entirely The PRESIDING OFFICER. The Sen- Mr. ALEXANDER. I may say to the possible. I don’t know that to be fac- ator from Arizona is controlling the Senator from Arizona, I have heard our tual as of yet. What I do know is we are time, and there is 3 minutes 20 seconds friends on the other side say Repub- going to have 44 million baby boomers remaining. licans are scaring seniors about Medi- in the next 12 years jump into Medicare Mr. MCCAIN. Mr. President, I men- care cuts. Mr. President, it is not Re- and we are cutting Medicare. We are tioned the AARP and their opposition publican Senators who are scaring sen- going to have 44 million baby boomers to this amendment. There is an organi- iors about Medicare cuts; it is the jump into Medicare. I am one of them. zation called 60 Plus that has millions We are going to cut the amount of Democratic health care bill that is of supporters and members. They also 1 available funds from Medicare under scaring seniors, because there are $ ⁄2 feel very different from the AARP. this bill. trillion of Medicare cuts that will pay Mr. ENZI. Mr. President, I wish to Their message is: for half of this program, and they are ask the Senator from Idaho what he Soon you [the Senate] will vote on the outlined on this chart, as the Senators thinks will happen with these Medicare McCain motion to commit with instructions. have discussed. The motion would commit it to the Senate The PRESIDING OFFICER. The time cuts as they affect jobs and the econ- Committee on Finance— omy. That is one of the biggest things of the Senator from Arizona has ex- Et cetera. on people’s minds right now, jobs and pired. The senior Senator from Mon- the economy. We are concentrating on I and the 5.5 million supporters of 60 Plus tana has 15 minutes 50 seconds. urge you to support this motion. The Patient Mr. BAUCUS. I will yield myself something here where we are going to Protection and Affordable Care Act is noth- maybe make a difference, even though about 10 minutes. The Senator from ing of the sort. It would cut Medicare by $500 Tennessee says this is going to hurt CBO says it won’t be much of a dif- billion. These cuts would harm seniors who ference. have paid into the program and expect it to seniors. Let’s ask the senior organiza- Mr. CRAPO. I thank the Senator be there to help them with their health care tions what they think about that. from Wyoming for that question, be- needs. At 60 Plus, we pride ourselves on ad- Let’s also look at this organization cause as we have already reviewed, vocating for the best interests of seniors. called 60 Plus. What does the AARP say there will be major cuts in benefits to That is a ‘‘yes’’ vote on this motion. in the letter to Senator REID, dated De- Medicare, to the Medicare Advantage Let’s pay attention to 60 Plus. cember 2? It talks about this legisla- Program. There are going to be major Mr. COBURN. I have a question. Does tion: reductions in access to Medicare, in 60 Plus sell supplemental insurance The legislation before the Senate properly terms of access at hospitals and skilled policies to seniors? focuses on provider reimbursement reforms. nursing homes and facilities and home Mr. MCCAIN. I don’t believe so. ... hospice and other care. Mr. COBURN. But AARP does. I won- I am sorry all my colleagues have But one of the other things we der why people want seniors off Medi- fled the Senate. I would like for them haven’t focused on—and it is kind of care Advantage. to stay and listen to this. I would like interesting that today is the big White Mr. MCCAIN. Most people believe to hear their response. But they have House jobs summit—what is going to this would be a windfall of tens of mil- just fled the Senate after making happen as a result of these Medicare lions of dollars for AARP if the legisla- sound bites. cuts. In addition to the reduction of ac- tion is passed as presently crafted. Mr. ALEXANDER. Mr. President, I cess and care and benefits to seniors, Mr. ALEXANDER. How many Medi- am here. we are going to lose jobs. I have had in care Advantage members are there, for Mr. BAUCUS. I will take my time. my office here representatives of nurs- example, in Arizona? Is it a small pro- The AARP letter, dated December 2, ing and home health care facilities gram or a large program? states: from Idaho who have told me that if Mr. MCCAIN. Our figures are that The legislation before the Senate properly this bill is adopted, a number of those 330,000 people in my State of Arizona focuses on provider reimbursement reforms. facilities are simply going to have to are on Medicare Advantage. I noticed ... go out of business or they are going to yesterday, when the distinguished Most importantly, the legislation does not have to dramatically reduce the serv- chairman of the Finance Committee reduce any guaranteed Medicare benefits. ices they provide, meaning that the and the Senator from Connecticut were That is AARP. All this is scare talk nurses and the other caregivers who talking, they were disparaging the en- about ‘‘grandma.’’ With all due respect work there will no longer have jobs. tire program, saying how it wasn’t any to my friend from Tennessee, he says That is part of the way our senior citi- good, talking about the cost overruns that. He has been using that phrase a zens will lose access because there will and saying it was a bad program. They lot. But AARP says that grandma is simply be fewer places, fewer physi- have opposed it from the start. fine. AARP says: cians, fewer facilities that will take So the message to the 330,000 Ameri- Most importantly, the legislation does not Medicare patients with this kind of an cans in Arizona who are on Medicare reduce any guaranteed Medicare benefits. attitude of the Federal Government to- Advantage is that they are out to get It doesn’t reduce any benefits, ac- ward funding of Medicare. you. cording to AARP. Going on:

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12289

AARP believes that savings can be found ALLIANCE FOR RETIRED AMERICANS, prove the quality, value and sustainability of in Medicare. . . . Washington, DC, December 1, 2009. the program for current and future bene- The savings in Medicare will extend DEAR SENATOR, The Alliance for Retired ficiaries. The legislation before the Senate the solvency of Medicare. I am sure my Americans, on behalf of its nearly four mil- properly focuses on provider reimbursement friend from Tennessee knows the actu- lion members throughout the nation, op- reforms to achieve these important policy poses the motion by Senator John McCain to objectives. Most importantly, the legislation ary said this legislation extends the commit the Patient Protection and Afford- solvency of Medicare, helps Medicare. does not reduce any guaranteed Medicare able Care America Act, H.R. 3590, to the Fi- benefits. The benefits go on longer than the sta- nance Committee. We urge its prompt defeat tus quo. Also, it does so, according to by the Senate. AARP believes that savings can be found AARP, by eliminating waste and ineffi- The McCain motion to commit would seri- in Medicare through smart, targeted changes ciency and aggressively rooting out ously undermine important, substantive, and aimed at improving health care delivery, eliminating waste and inefficiency, and ag- fraud and abuse. The last sentence is: positive changes in the health care needs of older Americans contained in the bill, none gressively weeding out fraud and abuse. Such We therefore urge you to oppose the changes will help strengthen Medicare’s McCain amendment to recommit. . . . more important than proposed Medicare im- provements. In fact, the McCain motion long-term financing without increasing costs The AARP says this hurts seniors, would increase health care burdens on Medi- for beneficiaries that make health care less the McCain motion to commit. I think care beneficiaries in several instances. The affordable. Medicare provides critical health the job of the AARP is to figure out McCain motion would, for the first time, security to older Americans, and it is impor- what is best for seniors. That is their subject Medicare Part D prescription drug tant that Medicare continue to deliver high conclusion. premiums to means testing, causing a rise in quality care. As health care costs, including It is not just AARP’s view. There is premiums for many older Americans. In ad- Medicare costs, continue to skyrocket, it is another letter. This is from the Na- dition, the motion to commit would halt in- essential that we make changes to improve tional Committee to Preserve Social dexing to Medicare Part B physicians serv- health care delivery, improve Medicare’s fi- Security and Medicare. They say basi- ices premiums, causing even more seniors to nancing, and ensure maximum value for our cally this legislation doesn’t cut Medi- pay higher premiums, which currently can Medicare dollars. We believe that Medicare be as much as $300 per month. Furthermore, changes in this bill begin to move us down care benefits. Again, this is the Na- the McCain motion would continue the tional Committee to Preserve Social this path, without reducing guaranteed wasteful Medicare Advantage overpayments Medicare benefits. Security and Medicare. They say, rath- that currently threaten the financial sta- With these savings, the legislation before er, this legislation includes provisions bility of the Medicare Trust Fund. to ensure that seniors receive high- The Alliance supports provisions in the Pa- the Senate takes important steps to improve tient Protection and Affordable Care Act access to preventive services for Medicare quality care and the best value for beneficiaries. However, more should be done their Medicare dollars. That is a very that improve health care for older Ameri- cans such as allowing Medicare beneficiaries to strengthen Medicare—including closing reputable senior organization. AARP is to keep their choice of doctors, lowering pre- the Medicare Part D coverage gap, or a very reputable senior organization. scription drug costs, eliminating copay- ‘‘doughnut hole,’’ as pledged by the Presi- The National Committee to Preserve ments for preventive screenings, expanding dent. Social Security and Medicare is a very access to long-term supports and service, and We therefore urge you to oppose the reputable organization. That is what providing assistance for pre-Medicare eligi- McCain amendment to recommit, and we re- they say. ble early retirees. All of these improvements main firmly committed to working with you Who is this 60 Plus association I have will not be possible should the McCain mo- to strengthen Medicare and enact com- heard referred to? Let me just tell my tion pass. prehensive health care reform this year that colleagues what 60 Plus really is. I will The legislation does not cut Medicare ben- improves access and affordability of health efits. With the expected rising costs of Medi- care for all. read this. This is from Wikipedia, and care, the legislation slows the rate of the Sincerely, it may not be accurate. It says this program’s growth without reducing benefits. ADDISON BARRY RAND. about 60 Plus: The McCain motion would actually undercut The 60 Plus Association is an American fiscally responsible attempts to meet the conservative advocacy group based in Ar- challenges of providing health care for older NATIONAL COMMITTEE TO PRESERVE lington, Virginia, that bills itself as the con- Americans. SOCIAL SECURITY AND MEDICARE, servatives’ alternative to the AARP. The Alliance for Retired Americans is Washington, DC, December 3, 2009. That makes good sense because over committed to enacting legislation that im- U.S. Senate, the years it has sought to privatize So- proves the quality of life for retirees and all Washington, DC. Americans. Defeat of the McCain motion to cial Security. 60 Plus, over the years, DEAR SENATOR: On behalf of the National has sought to privatize Social Secu- commit the Patient Protection and Afford- able Care Act to the Finance Committee will Committee to Preserve Social Security and rity. They want to end the Federal es- directly benefit our members and more than Medicare’s millions of members and sup- tate tax. They also want to strengthen forty million older Americans. If we can be ports, I am pleased to endorse the amend- gun rights, but that is not relevant. of assistance, please contact Richard Fiesta, ment of Senator Michael Bennet of Colorado According to the AARP— Director of Government and Political Af- which clarifies that H.R. 3590, the Patient And this is a bit biased— fairs, at the Alliance. Protection and Affordable Care Act, would the 60 Plus Association employed the talents Sincerely yours, improve the Medicare program as part of of conservative direct mail mogul Richard A. BARBARA J. EASTERLING, health care reform. Viguerie to solicit new members. President. Senator Bennet’s amendment puts into law We all know who Viguerie is. 60 Plus RUBEN BURKS, two of the most important criteria the Na- is a very conservative organization. I Secretary-Treasurer. tional Committee has been using when ana- don’t think they are real interested in EDWARD F. COYLE, lyzing health care reform proposals. First, it Executive Director. senior citizens. They have different fish states explicitly that the legislation would not reduce any of Medicare’s guaranteed ben- to fry. Also, AARP criticized 60 Plus as AARP, efits. Second, it ensures that savings from being partisan because its issues and Washington, DC, December 2, 2009. Medicare would be used to improve Medi- causes mirror those of only one of two Hon. HARRY REID, care. Improvements in H.R. 3590 include ex- major parties, the Republican Party. Majority Leader, U.S. Senate, tending the solvency of the Medicare trust A final criticism leveled by the AARP Washington, DC. funds by five years, reducing the amount of [about 60 Plus] is that because it lists no DEAR LEADER REID: AARP supports moving future increases in premiums, eliminating dues-paying members and [get this] receives forward on health care reform, and we re- cost-sharing for preventive benefits, making the majority of its contributions from the main committed to enacting legislation this prescription drugs more affordable, and en- pharmaceutical industry, the group is simply year that protects and strengthens Medicare, suring access to Medicare providers. a front organization for the pharmaceutical improves the delivery of health care and pro- industry. vides affordable insurance for all. Accord- Protecting Medicare and Social Security ingly, we oppose the amendment offered by has been the National Committee’s key mis- I ask unanimous consent to have sion since our founding 27 years ago and re- these letters in opposition to the Senator McCain to recommit H.R. 3590 to the Senate Finance Committee. mains our top priority today. Our members McCain amendment, in support of the As we have said from the outset, AARP are no different than seniors all over this Bennet amendment, and the Wikipedia supports a balance of revenues and savings country who are nervous about rising out-of- information printed in the RECORD. with shared responsibility from individuals, pocket health care costs and are concerned There being no objection, the mate- employers and the government. With respect about the Medicare savings in health care re- rial was ordered to be printed in the to Medicare, AARP supports policies to form legislation. This is a legitimate con- RECORD, as follows: eliminate waste, fraud and abuse—and to im- cern, but it is important to put these savings

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12290 CONGRESSIONAL RECORD — SENATE December 3, 2009 in perspective. The federal government will challenging for those on fixed incomes. Not a ufacturers of America, the group Citizens for spend almost $9 trillion on Medicare in the single penny of the savings in the Senate bill Better Medicare, itself largely supported by next decade. The proposed savings of nearly will come out of the pockets of beneficiaries the pharmaceutical industry, and three drug $500 billion mean that the growth in spend- in the traditional Medicare program. The companies (Merck, Pfizer and Wyeth-Ayerst) ing will be reduced by about two percent Medicare savings included in H.R. 3590, the plus another $300,000 from Hanwha Inter- over the next 10 years by eliminating waste- Patient Protection and Affordable Care Act, national Corp., the U.S. subsidiary of a Ko- ful spending and outright fraud. will positively impact millions of Medicare rean conglomerate with chemical and phar- The H.R. 3590, the Patient Protection and beneficiaries by slowing the rate of increase maceutical interests—amounts that made up Affordable Care Act, includes savings that in out-of-pocket costs and improving bene- about 29 percent of its revenue. ‘‘We’re not a are designed to protect Medicare bene- fits; and it will extend the solvency of the front for anybody,’’ James L. Martin, the ficiaries and improve the Medicare program. Medicare Trust Fund by five years. To us, chairman of 60 Plus, told the AARP Bulletin. Senator Bennet’s amendment expressly pro- this is a win-win for seniors and the Medi- ‘‘I get money from lots of sources. I’ve re- hibits any reductions in guaranteed Medi- care program. ceived money from the pharmaceuticals—I care benefits and makes sure all savings are The National Committees urges you to op- wish it was more.’’ 60 Plus does not provide reinvested back into Medicare. I urge you to pose the motion to recommit the bill to the any explanation of its funding on its website. support the Bennet amendment which is im- Finance Committee with instructions to In 2003, President Jim Martin told the portant to Medicare beneficiaries and the strike important Medicare provisions from British Medical Journal that 60 Plus had solvency of the Medicare program. health care reform legislation. 225,000 members, whom he would not disclose Cordially, Cordially, for privacy purposes. However, according to BARBARA B. KENNELLY, BARBARA B. KENNELLY, the organization’s IRS Form 990, 91 percent President & CEO. President & CEO. of its $11 million in 2002 revenue came from one undisclosed source. The Public Citizen NATIONAL COMMITTEE TO PRESERVE 60 PLUS ASSOCIATION watchdog group suspects that the pharma- SOCIAL SECURITY AND MEDICARE, [From Wikipedia] ceutical industry was that source. According Washington, DC, December 1, 2009. The 60 Plus Association is an American to the Washington Post, in 2002, 60 Plus re- U.S. Senate, conservative advocacy group based in Ar- ceived an unrestricted educational grant Washington, DC. lington, Virginia, that bills itself as the con- (which can be used as most needed) from the DEAR SENATOR: On behalf of the millions of servatives’ alternative to the AARP, (for- Pharmaceutical Research and Manufacturers members and supporters of the National merly the American Association of Retired of America. As recently as 2001, 60 Plus has Committee to Preserve Social Security and Persons). Over the years, it has sought to not reported any member dues as revenue on Medicare, I am writing to express our opposi- privatize Social Security, end the federal es- its past tax returns, reported the AARP Bul- tion to the amendment offered by Senator tate tax, and strengthen gun rights. Current letin. McCain which would recommit H.R. 3590, the issues include opposing health care reform 60 Plus also earns income from sponsoring Patient Protection and Affordable Care Act, proposals; opposing federal energy standards; life insurance and health screening for its to the Senate Finance Committee with in- opposing the General Motors bailout; and op- members. structions to remove important Medicare posing tax increases on those earning more HEALTH CARE REFORM provisions. than $250,000 per year. 60 Plus is a member of On August 7, 2009, 60 Plus released a TV ad Much of the rhetoric from opponents of the Cooler Heads Coalition, an climate to be aired on cable networks to inform health care reform is intended to frighten change denial organization. viewers about the proposed U.S. health care our nation’s seniors by persuading them that According to the AARP, the 60 Plus Asso- reform legislation. Media Matters for Amer- Medicare will be cut and their benefits re- ciation employed the talents of conservative ica watchdog group found that the ad was duced so that they too will oppose this legis- direct mail mogul Richard A. Viguerie, to so- largely false and used ‘‘scare tactics’’ to dis- lation. The fact is that H.R. 3590, the Patient licit new members. The AARP has also criti- courage voters from backing reform. To pub- Protection and Affordable Care Act, does not cized the 60 Plus Association as being par- licize the ad’s launch, 60 Plus issued a press cut Medicare benefits; rather it includes pro- tisan because its issues and causes mirror release titled ‘‘Massive Medicare Cuts Await visions to ensure that seniors receive high- those of only one of the two major United Elderly Says New Ad From Seniors Group’’ quality care and the best value for our Medi- States parties, the Republicans. A final criti- that read in part, ‘‘ . . . The healthcare pro- care dollars. This legislation makes impor- cism leveled by the AARP is that because it posal touted by the Obama Administration tant improvements to Medicare which are in- lists no dues-paying members and receives means massive Medicare cuts in order to pay tended to manage costs by improving the de- the majority of its contributions from the for healthcare ‘reform’.’’ 60 Plus provided no livery of care and to eliminate wasteful pharmaceutical industry, the group is simply evidence of these supposed ‘‘massive Medi- spending. a front organization for the pharmaceutical care cuts.’’ The National Committee opposes any cuts industry. Mr. BAUCUS. Mr. President, I think The organization’s website provides posi- to Medicare benefits. Protecting the Medi- it is pretty clear that the main organi- care program, along with Social Security, tive reviews of its work by conservative poli- has been our key mission since our funding ticians and commentators, including: zations that care about seniors support 25 years ago and remains our top priority ‘‘The 60 Plus Association has helped pro- this bill. Another organization—60 today. In fact, these programs are critical vide the organization and momentum needed Plus—I don’t know what they think. I lifelines to today’s retirees, and we believe for repeal of the federal estate or death tax. guess they oppose it because they want they will be even more important to future I commend the Association for its efforts to to privatize Social Security, and they generations. But we also know that the cost abolish this unfair and burdensome tax.’’— get most of the money from the phar- of paying for seniors’ health care keeps ris- Rep. Ralph M. Hall (R–TX) ‘‘Small business leaders recognize how maceutical industry. I don’t think they ing, even with Medicare paying a large por- counter-productive this tax really is. That’s care about senior citizens, frankly, and tion of the bill. That is why we at the Na- why they endorsed repeal of the death tax certainly not as much as these other tional Committee support savings in the and why my bill is supported by the 60 Plus Medicare program that will help lower costs. organizations. Association.’’—Senator Jon Kyl (R–AZ) I think it is also important to point Wringing out fraud, waste and inefficiency in ‘‘Jim Martin (who, by the way, gave Medicare is critical for both the federal gov- out that this legislation is deficit neu- George W. [Bush] his first political job) is tral over not just the first 10 years but ernment and for every Medicare beneficiary. the head of Washington, DC-based, The 60 The Senate bill attempts to slow the rate Plus Association and one of the country’s over the next 10 years. It is more than of growth in Medicare spending by two to most vocal defenders of the tax rights of sen- deficit neutral. This legislation gen- three percent, or not quite $500 billion, over iors.’’—Mona Lipschitz, News Editor ‘‘Talk- erates a $130 billion surplus the first 10 the next 10 years. However, it is important ers Magazine’’ ‘‘Sources’’ Column March years and, as we all know, reduces the to remember that the program will continue 2001. budget by a quarter of GDP over the growing during this time. Medicare will be LEADERSHIP spending increasing amounts of money—and next 10 years. So this is not irrespon- providers will be receiving increased reim- 60 Plus is led by its President James L. sible; it is very fiscally responsible. It bursements—on a per capita basis every one Martin, a 73-year-old veteran of the U.S. Ma- is strongly supported by the senior or- of those years, for a total of almost $9 tril- rines. Martin has previously led several con- ganizations that care for seniors. I lion over the entire decade. Even with the servative advocacy groups, and also was might say, too, it is not raiding Medi- savings in the Senate bill, we will still be chief of staff for six years for former Repub- lican congressman and senator, the late Ed- care at all. It is strengthening the spending more money per beneficiary on Medicare trust fund and it extends the Medicare in the coming decades, though not ward Gurney of Florida. Martin also served as a member of President George W. Bush’s solvency of the trust fund. quite as much as we would be spending if the Therefore, I think, clearly, as AARP bill fails to pass. health and human services transition team. America’s seniors have a major stake in FUNDING says, we should oppose the McCain the health care reform debate as the sky- In 2001, 60 Plus received a total of $275,000 amendment, which hurts Social Secu- rocketing costs of health care are especially from the Pharmaceutical Research and Man- rity beneficiaries, does not help them.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12291 I yield such time as the Senator from at Medicare and Medicaid and take iors during that gap, the so-called Illinois needs. money out of the system without dis- doughnut hole. The PRESIDING OFFICER. The Sen- advantage to the people involved. It will also help provide more bene- ator from Montana has 9 minutes 20 I want to say to the Senator from Ar- fits in terms of annual wellness visits. seconds, and the other side’s time has izona and others that once we have dis- When seniors go to the doctor for a expired. patched his motion to commit, he will colonoscopy, mammography, or other Mr. DURBIN. Mr. President, I ask to have a chance to vote for Senator MI- preventive screenings, they will not be recognized for 5 minutes. If the CHAEL BENNET’s amendment. It could have copays, as is currently the case chair would advise me when I have not be clearer. It has two parts. It today. That is an added benefit this used that time. says—repeating what this bill says, it legislation provides for seniors. I found it interesting, as I am sure says unequivocally: Also, this legislation helps seniors the Senator from Montana has, to lis- No provision in this Senate bill can reduce who are eligible for both Medicare and ten to all of the Republican Senators any Medicare benefit guaranteed by statute. Medicaid with access to home, commu- who have come to the floor to defend Next paragraph: nity-based alternatives. A lot of our Medicare. I am sure the Senator from Savings in Medicare from the bill will go seniors would like that additional ben- Montana has the same memory I do— to extend the life of the Medicare trust fund, efit. That is all in this legislation. that when it was created, it was cre- lower part B premiums, or cost sharing, ex- This legislation provides more bene- ated by the Democratic side of the pands benefits, improves access to providers. fits for seniors, not fewer. This legisla- aisle, with the general opposition of We know, and the seniors across tion protects seniors; it does not harm the Republican side of the aisle. They America know, that left unattended them. This legislation extends the sol- said it was socialized medicine, too and uncared for, Medicare may go vency of the trust fund rather than much government, and it would fail. broke in just a matter of 7 or 8 years. not. Now they are coming riding to the res- This bill before us will extend the life I might also say—and I think the cue of Medicare. We have a right to be of Medicare for at least 5 years. It will Senator from Illinois made a very good skeptical about the arguments they are put Medicare on sound footing which point—currently, seniors who are pay- making. every senior and their families want to ing a Part B premium are really paying Imagining these Republican Senators have. That is why AARP, the largest a $90 tax per year for those persons who defending Medicare is trying to imag- organization of senior citizens across are in Medicare Advantage. We know ine a fish riding a bicycle. I cannot put America, has urged Members of the Medicare Advantage is overpaid. The it in my mind. But they are doing it. Senator from Oklahoma, Mr. COBURN, The Senator who sponsored this mo- Senate in both parties to oppose the McCain motion to commit. That is why agreed with me when I asked him just tion to commit, Senator MCCAIN, just a I stand today with the Senator who is yesterday if Medicare Advantage was year ago, in the course of his Presi- overpaid. He said, yes, it is overpaid by dential campaign, called for elimi- chairman of the Finance Committee a very large margin. This legislation nating $1.3 trillion in spending from and say to my Republican friends, with can adjust that overpayment. Medicare and Medicaid. Now he comes their newfound love affair with Medi- care, that they should reject the 60 I might also say, too, that the groups to the floor and says this bill, which I mentioned support this legislation. would reduce costs in Medicare by less Plus organization, this ‘‘wise counsel’’ they turned to that came up with the But the main point I want to make is than half of that amount over a 10-year this: There are so many fundamental period of time is irresponsible and the idea of privatizing Social Security. provisions in this legislation that real- death knell of Medicare. How would you like to have had all ly have not come out much in debate, What is the real story? The real story your Social Security money in the is the Republican side of the aisle is de- stock market over the last 2 years? a little esoteric but under the heading fending the private health insurance Boy, there is a great idea. Stick with of ‘‘delivery system reform.’’ We must companies—companies making gen- this 60 Plus group if you like the no- begin to change the way we reimburse erous profits from Medicare Advantage. tion of privatizing Social Security. doctors and hospitals so we are focus- This is a program offered by private Stick with AARP if you want Medicare ing much more on quality of care rath- health insurance companies to replace to be strong, on sound financial foot- er than quantity of care. Some of that government-run Medicare. It turned ing. is already happening in America with- out, in many instances, to have failed I yield the floor. out legislation. Basically, it is the na- miserably. It costs more money be- The PRESIDING OFFICER. The sen- ture of integrated systems. We all cause these private health insurance ior Senator from Montana is recog- talked about them. I know Senators on companies are taking profits out of the nized. the other side of the aisle also agree Medicare Advantage Program. So they Mr. BAUCUS. Mr. President, I think with this new trend where hospitals, have pleaded with the other side of the it is appropriate to remind people of doctors, nursing homes, and other aisle to come to their rescue. They some of the provisions that are in this groups get together and they coordi- have sent in their best troops on the bill. nate their care. Their care is much other side of the aisle, headed by the To repeat, because some people have more patient focused. We have to move senior Senator from Arizona, who has listened to some of this debate and much more in that direction. said the first thing I will do is to pro- some have not and some might be tun- This will go a long way once it starts tect these private health insurance ing in right now, the fact is, without kicking in—it is going to take maybe 3 companies and their rights to over- reform, without this legislation, Medi- or 4 years to finally have an effect—to- charge seniors in Medicare for Medi- care is expected to go broke in the next ward eliminating the waste in our cur- care Advantage. 8 years. That is according to the Medi- rent system. Estimates are we have be- He talks about the people now receiv- care trustees report. With this legisla- tween $200 billion to $300 billion to $800 ing Medicare Advantage, who may be tion, that is extended for at least 5 billion annually in waste in the Amer- disadvantaged and see a different pol- more years. That protects seniors. This ican health care system. That is the icy in the future. What the Senator legislation protects seniors. Without reason health care costs are so high for from Arizona and others don’t dwell on reform, that is, without this bill, costs family, businesses, governments, what- is that everybody under Medicare will rise and seniors will be forced to not. We have to begin to get that under today pays $90 a year more into Medi- bear more and more of the burden out control, and this legislation does that. care to subsidize the private health in- of their own pockets. This legislation If we do not pass this legislation, we surance companies that offer Medicare adds benefits for seniors. It does not will be postponing the day when we Advantage. This is a tax—a tax—which take it away, as the other side implies. have to begin to get some of these ex- the Senator from Arizona is trying to Without reform, seniors will struggle cessive costs under control, and then preserve. It is a tax on Medicare recipi- to afford prescriptions in the doughnut the problem will be much more dif- ents. hole. I remind my colleagues that this ficult. An ounce of prevention is worth The Senator from Arizona was right legislation will cut the cost of brand- a pound of cure in medicine. It is also a year ago. We can take an honest look name prescription drugs in half for sen- true in legislation. Clearly, now is the

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12292 CONGRESSIONAL RECORD — SENATE December 3, 2009 time to exercise a little ounce of pre- Senator it is my job to ensure that Mr. GRASSLEY. Then if I may? vention by starting to curb excessive Congress continue to improve upon the The PRESIDING OFFICER. The Sen- costs, and this bill does that. program as needed so that it can con- ator from Iowa. Mrs. LINCOLN. Mr. President, with a tinue to meet the needs of our Nation’s Mr. GRASSLEY. Mr. President, I mother who is covered by Medicare, I seniors. Rightly so, seniors in my State would like to make very clear that this remain committed to protecting sen- are concerned about the misinforma- objection confirms that the Bennet iors’ access to Medicare, just as I have tion spreading that we will cut their amendment does not protect Medicare throughout my public service, which is benefits and allow bureaucrats to ra- as the other side claims that it pro- exactly why I am opposed to the tion their care. Organizations such as tects Medicare. McCain motion to commit. Mr. AARP, the Alliance for Retired Ameri- I yield the floor. MCCAIN’s purpose is not to protect cans, and the National Committee to The PRESIDING OFFICER. Who Medicare but to frighten our Nation’s Preserve Social Security and Medicare yields time? The Senator from Arizona seniors so that they too will oppose have stood up to say enough with the is recognized. CCAIN. Mr. President, this mo- health care reform. I have noted that misinformation campaign. Today I add Mr. M tion sends the legislation back to the he has taken his scare tactics to a new my voice to that chorus. Finance Committee for a short period level by recording his voice for an Mr. FEINGOLD. Mr. President, I op- of time with instructions to report automated phone call into my State posed Senator MCCAIN’s attempt to back with cost offsets other than Medi- claiming to seniors that these Medi- send the bill back to committee be- care cuts. The motion says we should care savings are going to cut their ben- cause it would have effectively ended retain the provisions in the legislation efits. He urges them to call me. I be- the current debate on health care re- addressing fraud and abuse and retain lieve the seniors in my State know me form. Moreover, while I have concerns those savings to strengthen the Medi- better than that. They know that I about some of the offsets in the bill— care trust fund. Instead of cutting over have worked my entire career in this such as cuts to hospice and home health care—it would be fiscally irre- $450 billion from Medicare providers body to protect Medicare. and beneficiaries, the committee I have cosponsored the Bennet sponsible to throw out provisions that should do what it should have done in amendment as an extra safeguard to cut down on wasteful spending and re- the first place—protect seniors’ bene- ensure our seniors that this bill does ward quality, as the McCain motion fits and access to providers. It is much not cut the guaranteed Medicare bene- would have done. Those provisions are needed. key to helping to put Medicare on the fits that they receive today and that Mr. President, I say to my friends, any savings generated from making the path to long-term fiscal sustainability. let’s save seniors who have paid into The PRESIDING OFFICER. The Sen- Medicare Program more efficient will the Medicare Program their whole ator’s time has expired. The next 10 go back into improvements to the pro- lives from these damaging cuts. I hope minutes is evenly divided between the gram. my colleagues will vote in favor of this Senator from Colorado and the Senator If we do nothing, the Medicare Pro- motion. Let’s use Medicare savings to from Arizona. gram will be broke in just 8 years. This save Medicare, not to fund a whole new Mr. MCCAIN. Mr. President, I yield 2 bill restores the program’s solvency be- $2.5 trillion entitlement program. I yond 2022. It will reduce premiums and minutes to the Senator from Iowa. The PRESIDING OFFICER. The sen- urge a vote in favor of the motion. copays for seniors; ensure seniors can I yield back the remainder of my ior Senator from Iowa is recognized for keep their own doctors; cut the billions time. of dollars of waste, fraud, and abuse 2 minutes. The PRESIDING OFFICER. The Sen- Mr. GRASSLEY. Mr. President, as I that occur annually; provide new pre- ator from Colorado is recognized for 5 stated earlier, the Bennet amendment, vention and wellness benefits for sen- minutes. iors; lower their prescription drug as written, does not protect Medicare. Mr. BENNET. Mr. President, I wish costs; and help them to stay in their So I have a modification I would like to sum up the debate over Medicare in own homes rather than going to nurs- to present that ensures Medicare sav- the Senate health bill and on the mo- ing homes if that is what they wish to ings in this bill are not being siphoned tion and amendment before us. do. off to finance a new and separate enti- Only in Washington, DC, could an ef- So what about the $500 billion in tlement program. fort to extend the life of Medicare Medicare cuts Republicans say seniors To that end, I ask unanimous consent somehow be distorted as being bad for should be worried about? Well, what to modify the amendment by adding seniors. We know from the Congres- they are not saying is that part of the the following before the period at the sional Budget Office, a nonpartisan or- reason Medicare is insolvent is the fact end of subsection (b): ganization that supports both sides of that private insurers under the Medi- . . . and furthermore that, notwith- the aisle, that this Senate bill does not care Advantage Program are overpaid standing any other provision of this Act or amendment made by this Act, net Medicare take away any seniors’ guaranteed by 14 percent on average. A typical savings specified in the most recent estimate Medicare benefits. It extends Medicare couple pays $90 more per year in Part B available from the Director of the Congres- solvency for 5 additional years. My premiums to pay for Medicare Advan- sional Budget Office before enactment are amendment simply confirms these two tage overpayments, even if they are appropriated to the Secretary and shall be facts. not enrolled in these plans. This bill used for such purposes and to maintain Medi- I am the first person who would in- curbs those overpayments, saving over care policies for home health services, sist we have an open process for this $118 billion, by for the first time re- skilled nursing facility services, hospice debate. I think there are ideas on each quiring competitive bidding of Medi- care, hospital services, and benefits provided side of this debate on this bill that are by the Medicare Advantage program, as care Advantage plans against one an- under the provisions of such Title as speci- worth considering and should be con- other. Furthermore, Medicare and Med- fied on the day before the date of enactment sidered. But it is why I find it so con- icaid subsidies to hospitals that help of this Act. founding that opponents of my amend- them cover the cost of the uninsured End of my amendment. ment want to send the entire bill back will be reduced since hospitals will The PRESIDING OFFICER. Is there to committee so debate stops. How can have less need for them once millions objection? we return home to the people of our more Americans have health insurance. Mr. BAUCUS. Reserving the right to States and admit to them we just gave That is another $43 billion. Provision object, under current law, if less is up and sent health care back to the after provision is specifically designed spent for Medicare providers, the bene- committee for another round? to ensure greater value in Medicare, all fits inure to the Medicare trust fund The people who do not want change while the Republicans are using fear beneficiaries. are the people who are content to leave tactics to score political points. Although I have the greatest respect it the same and do not have a theory I have heard from many seniors in for the Senator from Iowa, this is a about how to extend Medicare. They Arkansas, recently, and over the years, stunt, and I object. would have seniors believe the bill is about their satisfaction with Medicare. The PRESIDING OFFICER. Objec- bad for seniors. Yet AARP, the Alli- It is not a perfect program, and as a tion is heard. ance for Retired Americans, the Center

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12293 for Medicare Rights, and the National [Rollcall Vote No. 357 Leg.] Our bill does nothing to reduce the Committee to Preserve Social Security YEAS — 100 guaranteed Medicare benefits. To the and Medicare beg to differ. They dis- Akaka Enzi Menendez contrary, our bill would improve Medi- agree. They agree with this amend- Alexander Feingold Merkley care benefits. It would help seniors on Barrasso Feinstein Mikulski the prescription drug doughnut hole ment and with the underlying bill. Sen- Baucus Franken Murkowski and add new preventive benefits such ior advocacy organizations, grassroots Bayh Gillibrand Murray organizations with their ears to the Begich Graham Nelson (NE) as annual wellness visits. The bill ground hearing the voices and concerns Bennet Grassley Nelson (FL) would help ensure doctors would be Bennett Gregg Pryor of seniors, support health care reform, Bingaman Hagan available to treat Medicare patients. Reed and they agree that with my amend- Bond Harkin We would prevent the 21-percent cut in Reid Boxer Hatch ment, this bill strengthens Medicare Risch doctor payments under current law. Brown Hutchison For all those reasons, the American and preserves seniors’ benefits. Brownback Inhofe Roberts With the Senate bill finally reaching Bunning Inouye Rockefeller Association of Retired Persons sup- the floor, seniors are looking for sim- Burr Isakson Sanders ports reform and opposes the McCain ple clarity on how health care reform Burris Johanns Schumer motion. Byrd Johnson Sessions I urge my colleagues to support re- can help their lives. Nothing in this Cantwell Kaufman Shaheen bill will cut guaranteed Medicare bene- Cardin Kerry Shelby form and oppose the motion to commit. fits, and this bill will extend Medicare Carper Kirk Snowe Mr. MCCAIN. Mr. President, this mo- solvency for 5 additional years. It actu- Casey Klobuchar Specter tion proposes to send the legislation Chambliss Kohl Stabenow back to the Finance Committee to re- ally makes the system work better in- Coburn Kyl Tester move the nearly $1⁄2 trillion in cuts stead of cutting or adding to a pro- Cochran Landrieu Thune gram. It actually changes the way Collins Lautenberg Udall (CO) that will severely impact all seniors Conrad Leahy Udall (NM) who are eligible for Medicare. As the Medicare works so it will be stronger Corker LeMieux Vitter Senator from Montana mentioned, the and more stable. Cornyn Levin Voinovich Crapo Lieberman system is going to go broke in 7 years. People may disagree with the pre- Warner DeMint Lincoln So what does this legislation con- scription, but as a general matter ev- Webb Dodd Lugar 1 erybody knows the status quo is Whitehouse template? That we take $ ⁄2 trillion out Dorgan McCain of their savings and use it to fund a $2.5 unsustainable, and this bill helps sen- Durbin McCaskill Wicker iors. It eliminates the copay seniors Ensign McConnell Wyden trillion new entitlement program. have to pay for preventive care. We The PRESIDING OFFICER (Mr. What does that do for the Medicare trust fund? Nothing. know preventive care saves lives and it KIRK). On this vote, the yeas are 100, I urge my colleagues to vote in favor saves money. the nays are 0. Under the previous of this motion and send it back to the As we close debate on my amendment order requiring 60 votes for the adop- Finance Committee. Do the right thing and the alternative motion to commit tion of this amendment, the amend- ment (No. 2826) is agreed to. for the seniors of this country. the bill to committee, I urge all the Mr. BOND. Mr. President, I ask for Members of this body to consider the Mr. DURBIN. Mr. President, I move to reconsider the vote. the yeas and nays. consequences of inaction. My amend- The PRESIDING OFFICER. Is there a ment affirms what the current Senate Mrs. BOXER. I move to lay that mo- tion on the table. sufficient second? There is a sufficient bill does to help seniors and strengthen second. Medicare. We all know even more can The motion to lay on the table was agreed to. The question is on agreeing to the be done, so let’s continue this debate motion. The clerk will call the roll. and reject the motion to commit the MOTION TO COMMIT The assistant legislative clerk called bill back to the Senate committee. The PRESIDING OFFICER. There the roll. I urge every Member of this body to will now be 2 minutes of debate equally The result was announced—yeas 42, support my amendment. Please vote divided on the motion to commit of- nays 58, as follows: yes on the Bennet amendment and pro- fered by the Senator from Arizona. [Rollcall Vote No. 358 Leg.] The Senator from Montana is recog- tect our seniors. YEAS—42 I yield the floor. nized. Mr. BAUCUS. Mr. President, I ask Alexander DeMint McCain The PRESIDING OFFICER. Who Barrasso Ensign McConnell my colleague if he wishes to go first? yields time? Bennett Enzi Murkowski Whatever he wants to do. It is his mo- Mr. BAUCUS. How much time re- Bond Graham Nelson (NE) tion. Brownback Grassley Risch mains? Mr. MCCAIN. Please go ahead. Bunning Gregg Roberts The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, the Burr Hatch Sessions ator from Montana has 1 minute 50 sec- Chambliss Hutchison Shelby McCain motion is next. Unless we act Coburn Inhofe Snowe onds. today and pass health care reform, the Cochran Isakson Thune Mr. BAUCUS. The Senator from Ari- Medicare trust fund runs out of money Collins Johanns Vitter zona has yielded back his time. We in 2017. There are two ways to keep Corker Kyl Voinovich might as well yield back our time, and Cornyn LeMieux Webb Medicare solvent: find efficiencies so Crapo Lugar Wicker we can vote. Medicare spends less or increase reve- NAYS—58 The PRESIDING OFFICER. The Sen- nues going into the trust fund—two Akaka Franken ator from Arizona yielded back his ideas. Our bill would make Medicare Mikulski time. The Senator from Montana yields Baucus Gillibrand Murray Advantage more efficient. We would in- Bayh Hagan Nelson (FL) back his time. All time is yielded back. troduce competitive bidding—— Begich Harkin Pryor The question is on agreeing to Mr. BYRD. Mr. President, may we Bennet Inouye Reed amendment No. 2826. Bingaman Johnson Reid have order? We have a Senator speak- Boxer Kaufman Mr. MCCAIN. Mr. President, have the ing here. May we have order? Rockefeller Brown Kerry Sanders yeas and nays been ordered? Burris Kirk I thank the Chair. Schumer Byrd Klobuchar The PRESIDING OFFICER. They Mr. BAUCUS. I thank the Senator Shaheen Cantwell Kohl have not. Specter from West Virginia. Cardin Landrieu Mr. MCCAIN. I ask for the yeas and We extend the trust fund for 5 more Carper Lautenberg Stabenow nays. years. That is in this bill. Yes, Medi- Casey Leahy Tester The PRESIDING OFFICER. Is there a care Advantage plans would not be Conrad Levin Udall (CO) Udall (NM) overpaid as much, but those plans Dodd Lieberman sufficient second? Dorgan Lincoln Warner There is a sufficient second. could pay for greater efficiency by cut- Durbin McCaskill Whitehouse The clerk will call the roll. ting their profits or cutting their ex- Feingold Menendez Wyden The legislative clerk called the roll. ecutives’ pay. They could do that. Feinstein Merkley The result was announced—yeas 100, Nothing says they have to go after The PRESIDING OFFICER. On this nays 0, as follows: beneficiaries. vote, the yeas are 42, the nays are 58.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12294 CONGRESSIONAL RECORD — SENATE December 3, 2009 Under the previous order requiring 60 senior citizens who depend on that and There are other cuts. There are de- votes for the adoption of this motion, who were told during the campaign tails of these cuts that I will put up the motion is withdrawn. their coverage would not be taken right now on a chart. Mr. BAUCUS. Mr. President, I move away from them if they liked it. The The debate we have been having over to reconsider the vote. cuts to nursing homes are there. The the last, oh, almost 3 or 4 days now, is Mr. HARKIN. I move to lay that mo- cuts to home health are there. And the whether we should commit the bill tion on the table. cuts to hospice are still there. back to the Finance Committee so The motion to lay on the table was Send the bill back to CBO. We can these Medicare cuts can be removed. agreed to. continue debating it. We will not have We just had two votes. One was what I The PRESIDING OFFICER. The ma- to miss out on one bit of rhetoric that will call a cover vote. It said we do not jority leader. we have already had. But ask the inde- want to cut Medicare benefits and we Mr. REID. Mr. President, I ask unan- pendent analysts: Are the Medicare should make sure that anything we do imous consent that the Senate be in a cuts still there? They will be duty protects Medicare. It did not have any period of debate only between now and bound to come back to us and say: Yes, detail in it, but it passed 100 to nothing 4:30. It is my understanding there has the same cuts that were there before because it does nothing. It does not been an agreement that at 4:30 we will are current in the bill now. change what is in the bill. By the way, all go to the classified room in the Vis- We have accomplished absolutely as I said, that vote just passed by 100 to itor Center to listen to what the ad- nothing today to protect Medicare. ministration has to say about Iraq and I thank the Senator for yielding. nothing. Afghanistan. I haven’t had a chance to Mr. CRAPO. Mr. President, I thank The second vote we took failed. Was clear this with the Republican leader, the Senator from Mississippi. the vote 40 to 60? I do not recall the but for the next hour we will remain in Mr. President, I ask unanimous con- exact vote. What would that amend- a period of debate only and come back sent that several of my colleagues and ment have done? That amendment and offer the amendment after we fin- I may engage in a colloquy during the would have put the bill back into the ish with the classified briefing. time we have. Finance Committee and required that We have not yet had agreement to re- The PRESIDING OFFICER. Without we take out the Medicare cuts. cess at 4:30. I ask unanimous consent objection, it is so ordered. So let no one be confused, after the that we recess from 4:30 until 5:30 for a Mr. CRAPO. Thank you, Mr. Presi- first round now in the Senate, we still classified briefing. dent. see this in the bill—a transfer of $464 I wish to follow up on the comments The PRESIDING OFFICER. Without billion from the Medicare Program to of Senator WICKER from Mississippi be- objection, it is so ordered. the establishment of a new entitlement The Senator from Idaho. cause it is very critical that the Amer- program. I do not believe that is what Mr. CRAPO. Mr. President, I wish to ican public understand what has hap- Americans had in mind when they were continue discussing the health care pened in the Senate. talking about reform of health care. legislation we just voted on. We had a When you talk about health care re- series of votes dealing with the Medi- form, the vast majority of Americans There has been a study that came care issue. I wish to start my remarks have a couple of ideas in mind. First out—OK. I have the exact vote here. It by turning to the Senator from Mis- and foremost, they want to lower was not 40 to 60. It was 42 to 58, but it sissippi, Mr. WICKER, and ask him if he health care premiums and costs. That was defeated, in any event, and now we has comments he wishes to make. is what Americans think about pri- still have the cuts to Medicare in the Mr. WICKER. Mr. President, I appre- marily when they think about the need bill. Well, we are going to continue de- ciate the Senator yielding to me. I for health care reform. bating this issue. think it is important for us all to un- They also want to see better access I myself have an amendment that derstand where we are now. We have to quality health care and make sure will send—for the skilled nursing had a debate about the Medicare issue. those who are uninsured have access to homes—the bill back to Finance to cor- The Senate had an opportunity, with health care, and those who are under- rect the cuts for the skilled nursing the McCain amendment, to protect insured have access to health care, and homes. There are others who will try Medicare from the almost one-half tril- that we all have access to quality to address some of the pieces of this lion dollars in cuts the Reid bill pro- health care. That is what this debate legislation to see if we can’t find a way poses to do to Medicare. We said no to should be about. to fix and restore the strength and sta- that opportunity and instead passed But, instead, the legislation we see bility of the Medicare system. the amendment offered by Senator before us does not achieve that. Does it Everyone admits we need to reform BENNET of Colorado which in sum total reduce the cost of health care? No. It does absolutely nothing. What we have drives up the cost of health care. It Medicare. But until this bill, none of us done now with the Bennet amendment raises taxes hundreds of billions of dol- thought we were talking about taking is say that along with apple pie and lars. It cuts Medicare by hundreds of from Medicare in order to create a motherhood, we also love Medicare, billions of dollars. It grows government massive new entitlement program, and we want everybody to know that. by $2.5 trillion of new spending. It with the government control that But the substantive effect of what we forces the most needy in our society comes along with it. have now done is nothing. into a failing Medicaid system. It im- What do these cuts do? I am going to I have this challenge to the managers poses a damaging unfunded mandate on start out with the hospitals, the hos- of the bill on the other side and to the our struggling States. It still leaves pice services, the nursing homes, and Democratic leadership: Now that Ben- millions of Americans uninsured and the home health agencies. The reduc- net has passed and McCain has been de- establishes massive government con- tion in Medicare spending on these feated, I challenge them to take this trols over our health care economy, in- medical providers will basically result bill, send it back to CBO and CMS and cluding the creation now of a govern- in lower access to care for our seniors. have the independent analysts there ment insurance company. I have had representatives in my office look at it again. They will be duty We have been focusing in the debate of both skilled nursing facilities and bound to come back with the facts. The on one part of this for the last little home health agencies who have talked facts will be that the almost one-half while; that is, the Medicare cuts. Mr. to me about what this means to them. trillion dollars cut in Medicare is still President, $464 billion of the revenue to They have pointed out that the last there. pay for this massive new entitlement time Congress did something like this, Now that the McCain motion to com- that is being created is to come from we lost, in Idaho, 30 percent, for exam- mit has been defeated, and the sham of Medicare, and it is nothing other than ple, I believe it is, of our home health the Bennet amendment has been a direct transfer of assets in the United agencies. They are not there anymore. passed, there are still the same cuts to States from America’s seniors in the If we have these kinds of deep cuts in hospitals, there are still the same cuts Medicare system to a new government the future, we are going to lose more of to Medicare Advantage and to all the entitlement program. our home health care agencies.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12295 One of the owners said to me—he put So, approximately half of this additional been able to fill that doughnut hole. In it this way: If you reduce the alloca- benefit would be lost to those current Medi- other words, they get complete cov- tion of income to home health agen- care Advantage policyholders? erage of prescription drugs through cies, I have to either reduce employ- And his response was: their Medicare Advantage plans. ment, which means not hire as many For those who would be enrolled otherwise Also, under Medicare Advantage, nurses and medical providers, or I have under the current law, yes. they get additional preventive health to close parts of my building and stop The point being, not only will we lose care services. They also get vision and operating as many rooms in the build- skilled nursing facilities, home health dental. And depending on the plan, de- ing, or do something to reduce costs. care, hospice care, and hospital care, pending on its makeup, there are dif- What that means is that seniors will and access to that care, we are also ferent types of benefits to attract sen- have less access. But that is not all going to see senior citizens lose bene- iors to certain plans. It is no wonder this bill does. In addition to reducing fits. Again, what is the purpose? The that about one out of four seniors in the access for hospitals, hospice serv- purpose is not to shore up Medicare. In America have voluntarily signed up for ice, nursing homes, and home health fact, it will take $464 billion—taxpayer Medicare Advantage. Nobody forced agencies, it also cuts Medicare Advan- dollars that are allocated to Medicare them into this system. They volun- tage deeply. in our current system—and transfer tarily chose this system. Quickly, what is Medicare Advan- that straight over to the establishment If you think about it, seniors do not tage? Medicare Advantage is a program of a new entitlement program. like change. For most seniors, they like what they have. They do not like that about one out of four American I want to let my colleague from Ne- to change. For one out of four seniors seniors participate in in Medicare. It is vada comment on this for a minute, to have voluntarily changed, there has an opportunity which Congress started but before I turn it over to my col- to be something pretty attractive a few years back to try to let the pri- league from Nevada, I wish to point out that as we approach this issue, the about Medicare Advantage. vate sector become a part of the deliv- There are some real attractive things ery system in Medicare. In other question of why would we transfer $464 billion out of the Medicare system to a for seniors in Medicare Advantage words, to put it simply, private sector plans. That is why when you actually insurance companies can contract with new government entitlement program, one of the reasons is because the Presi- poll seniors regarding Medicare Advan- the Federal Government to provide tage, the vast majority of them are Medicare services to Medicare bene- dent pledged he would not sign a bill that did not reduce the deficit. thrilled with the coverage they have. ficiaries, so it is the private sector get- They do not want to lose benefits. Who ting involved in health care delivery As I said earlier, this bill grows the spending in the Federal Government by would want to voluntarily lose bene- rather than the government simply de- fits? livering the health care through a sin- approximately $2.5 trillion over the first full 10 years of its implementation But with the $120 billion cut in Medi- gle-payer system. That, in a quick care Advantage the Democratic major- summary, is what Medicare Advantage of spending. The only way to cover that increase in the size of the govern- ity has put in this bill, about half of was all about. the benefits in Medicare Advantage What we found was that it was phe- ment is to either raise more taxes or to cut spending somewhere, and what the plans will be cut. Isn’t that correct, I nomenally successful because the pri- ask my friend, the Senator from the vate sector was able, through its man- bill does is both. It raises taxes—which we are going to be talking about in fu- State of Idaho? agement, to not only provide the statu- Mr. CRAPO. The Senator from Ne- torily required Medicare coverage but ture days—and it cuts spending. The place where it cuts spending is Medi- vada is correct. In fact, I am just additional benefits, very critical addi- thumbing through here to get the tional benefits, such as preventive care. That is why what we see is in- creased taxes, cuts in Medicare, growth exact statistics. But the bottom line is, health care, dental coverage, vision the CBO indicated, I think it was some- coverage, and things such as that— of government, and the establishment of a new Federal entitlement program, thing like from an average number of things that make a big difference in $140 or so of extra benefits—that it the lives of our seniors and enables with all of the accompanying accoutrements of Federal control, in- would go down to about half of that. So some of those who cannot buy addi- they would get about half of those tional coverage for those things Medi- cluding a new government owned and operated insurance company. extra benefits. care does not cover to get access to it Mr. ENSIGN. That is per month? I see my colleague from Nevada through Medicare Advantage. Mr. CRAPO. Per month. standing and turn to him for his com- That is why in my State 27 percent of Mr. ENSIGN. So $140 per month. Ac- ments on this issue. all of the Medicare recipients have cording to CBO, about half of those Mr. ENSIGN. First of all, I think my moved to Medicare Advantage. It is the benefits would be cut under this plan, colleague from Idaho has made some most popular part of Medicare in isn’t that correct? excellent points about, truly there will America today, and it is growing faster Mr. CRAPO. That is correct. be cuts that are going to happen in than any other part of Medicare be- Mr. WICKER. If the Senator would Medicare. And do not just take the cause it is delivering more to the Medi- yield on that point. politicians’ word for these cuts. Listen care beneficiaries. Mr. CRAPO. I would be happy to to the CBO Director. He is the non- This bill slashes $120 billion from it, yield. partisan, I repeat, nonpartisan, official Mr. WICKER. We have three Repub- some of us believe because there is a scorekeeper. When asked direct ques- licans standing now saying this, and we bias against the private sector delivery tions, by not only the Senator from have had quoted some official inde- of health care. But for whatever rea- Idaho but others, he absolutely says pendent sources. Let me quote a Demo- son, the Medicare Advantage portion is the benefits, especially under Medicare crat, Representative MICHAEL where the cuts are focused. Advantage, will be cut. MCMAHON of New York: Let’s put up the next chart. In my home State of Nevada, tens of Medicare Advantage, which serves approxi- When we had the issue before the Fi- thousands—I think about 200,000 alto- mately 40 percent of my seniors on Medicare, nance Committee, we had the head of gether—of seniors have voluntarily would be cut dramatically. CBO before us, and I asked him a ques- chosen Medicare Advantage over tradi- That is why that Democrat from the tion about the cuts to Medicare Advan- tional Medicare. The reason? Very sim- State of New York voted no on the plan tage. We had a colloquy between us at ple. There are extra benefits in Medi- when it was before the House of Rep- that point, and I asked: care Advantage. You hear the Demo- resentatives. So you don’t have to take So, approximately half of this additional crats talk about the doughnut hole in our word for it, from a partisan stand- benefit— Medicare Part D, which is prescription point. Democrats are saying no because In other words, these additional drug coverage. Well, there is not a of the Medicare cuts and the cuts to things that Medicare Advantage has doughnut hole under most of the Medi- Medicare Advantage—drastic cuts. been able to provide to our seniors care Advantage plans because the pri- Mr. ENSIGN. The Senator from Idaho under Medicare— vate sector, through its efficiency, has and I serve on the Finance Committee

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12296 CONGRESSIONAL RECORD — SENATE December 3, 2009 where a large portion of this bill was buy insurance across State lines. Some time and then y colleagues can wrap it written. We both heard Democrats on States have less expensive plans than up. the other side of the aisle complaining others. You can buy your auto insur- I wish to emphasize what a dev- about cuts to Medicare Advantage. Yet ance across State lines. Why shouldn’t astating effect these Medicare cuts are when I look in this bill, the total dollar we be able to buy our health insurance going to have on rural America. Once figure in cuts to Medicare Advantage is across State lines? again, I wish to quote some of my col- the same as what came out of the Fi- Mr. CRAPO. If I could interrupt, my leagues from the other end of the build- nance Committee; isn’t that correct? understanding is, the Republican bill in ing because it shows the bipartisan op- Mr. CRAPO. The Senator from Ne- the House, which has both ideas in it position we have against these cuts vada is correct. I have in front of me and which was evaluated, what it from rural America. the exact numbers right now from CBO would do to the cost of health care and MIKE ROSS, a Democrat from Arkan- that were provided in the Finance health care insurance premiums, that sas, said: Committee markup. During the mark- those ideas would actually reduce With more than $400 billion in cuts to up, CBO estimated that the value of health care premiums by, I think, 5 or Medicare, it could force many of our rural the extra benefits offered by Medicare 6 or 8 percent. I don’t remember the hospitals to close, providing less access and Advantage plans will drop from $135 a exact number, but the point is, those care for our senior citizens. month to $42 a month, based on the ideas would hit the reason Americans Representative LARRY KISSELL of cuts contained in that bill, which are want health care reform; that is, re- North Carolina: essentially the same level of cuts we duce the cost of health care coverage. From the day I announced my candidacy now see in the bill before us on the Mr. ENSIGN. I am glad the Senator for this office, I promised to protect Medi- floor. from Idaho made that point, because care. Mr. ENSIGN. Let me make a couple the No. 1 problem with health care in So he voted no on the bill in the other general points about this bill. I the United States is not quality. We House of Representatives. think we have pretty well covered the have the finest quality system—by al- IKE SKELTON said: fact that Medicare Advantage is going most any measure, the finest quality The proposed reductions to Medicare could to take a severe hit. Medicare overall, health care system in the entire world. further squeeze the budgets of our rural that includes hospice care, hospital The problem is that it is too expensive. health care providers. care, nursing home care, home health— We should be going after costs. This Finally, Representative BOUCHER, a all of them are taking severe cuts. bill does not do that. This bill actually senior Democrat from Virginia, said: More than likely, those cuts are going raises premiums for tens of millions of The plan could place at risk the survival of to come, if the government doesn’t res- Americans. That isn’t the direction we our regions’ hospitals. cue those cuts in the future, from bene- should be taking health care. Unless these Medicare changes are fits to seniors. Another idea the vast majority of taken out of the bill, this bill dev- If the government decides not to people on this side have supported is astates health care for senior citizens have those cuts in the future, then the medical liability reform. Once again, in in rural America. deficit is going to go up. You can’t the Finance Committee, we asked the I thank my colleague for yielding me have it both ways. You can’t have both question—I, personally, asked the ques- the time. a deficit-neutral bill and not have the tion of the CBO Director: How much Mr. CRAPO. Thank you very much. I cuts in Medicare. In other words, you money would medical liability re- wish to use the remainder of our time are going to either have the cuts in form—the common one I offered and to speak for a minute about what this Medicare or you are going to have bal- Senator HATCH offered—how much bill does to different costs in our coun- looning deficits into the future. would that save between the govern- try. I think the point we made in this There are several other problems ment and the private sector? He said: colloquy is, after the votes we just with the bill that I would like to point Over $100 billion. Well, that is not took, let no one be confused; the $464 out. First of all, we know it is over chump change; that is a significant billion of cuts to Medicare remain in 2,000 pages; there is incredibly complex amount of money, $100 billion. Add the bill. language in those over 2,074 pages. It that to buying across State lines, add Let’s talk about the question of the places bureaucrats in charge of health that to small business health plans, cost curve. There has been a lot of talk care decisions instead of creating a pa- add that to incentivizing healthy be- about what has become known as the tient-centered health care system that haviors—add that to the elimination of cost curve. It has been said by every- says the doctor-patient relationship is preexisting conditions. I think Repub- body we need to bend the cost curve where most of the health care choices licans and Democrats alike agree, if down. Some are saying this bill bends should be made. As a matter of fact, you have insurance and you have the cost curve down. Well, which cost according to the National Center for played by the rules and you get a dis- curve are they talking about? Are they Policy Analysis, in almost 1,700 places ease, your insurance should not be talking about the size of government, in this bill it authorizes the Secretary taken away or denied. We should elimi- the growth of government? No. If you of Health and Human Services to nate preexisting conditions for those take the first full 10 years of the ‘‘make, create, determine, or define’’ that have played by the rules. We growth of spending in this bill—which, things regarding health care policy. shouldn’t allow insurance companies to by the way, is delayed for 4 years—if Mr. President, 1,697 times, to be exact, unexplainably increase rates. We you start when the spending starts and the Secretary of Health and Human should take a step-by-step, incremental take the first full year, 10 years of Services basically makes health care approach to health care reform instead spending, the new spending, the growth policy—not doctors, not health care of gutting Medicare, as the Senator of government is about $2.5 trillion. I providers; bureaucrats in Washington, from Idaho has talked about, to create don’t see how anybody could say that DC. a new government entitlement pro- cost curve is bending down. It has sky- You mentioned before there were $1⁄2 gram. That is what we are saying on rocketed. trillion in new taxes and about $1⁄2 tril- this side of the aisle. However, it seems Well, would it be the cost of health lion in Medicare cuts. We know this to be falling on deaf ears on the other care, which I think is the cost curve bill will lead to millions of Americans side of the aisle. Americans were thinking about, health having increased premiums. Mr. CRAPO. I know my colleague care insurance and the quality of We have talked a lot about what is from Mississippi wants to make a com- health care that is provided? Well, CBO wrong with the bill, however, many on ment or two, but may I ask, Mr. Presi- just came out with its report that ana- this side of the aisle have offered posi- dent, how much time remains for our lyzed that issue and there are a number tive solutions. We have talked about side? of independent groups that have ana- allowing small businesses to join to- The PRESIDING OFFICER. There is lyzed it and they all pretty much say it gether to take advantage of purchasing 71⁄2 minutes. is not going to reduce the cost of power that big businesses have. We Mr. WICKER. Mr. President, if I health insurance. It is not going to re- have talked about allowing people to could just maybe take 1 minute of that duce the cost of health care. In fact, for

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12297 the neediest in America, those who are of the uninsured not into an insurance legislation that created drug benefits in the individual market, it will drive policy but into a failing Medicare sys- for seniors. As we all know, frankly, up the cost of their insurance and not tem, and push an unfunded mandate of when Medicare was created, it didn’t by just a little bit, by around 10 to 13 tens of billions of dollars onto our have an outpatient drug benefit be- percent. For those in the small group States. That is not the kind of health cause drugs weren’t comparatively as area, it will drive up theirs—not as care reform we need. As my colleague important then as they are today. much—by about 1 to 3 percent. For from Nevada indicated, there are re- Today there are miracle drugs that those in the large group area, there is forms that do make a difference that help in a lot of ways. We created the a possibility that theirs might taper off will reduce the cost of health care, that drug benefit in 2003. a little bit; the estimate is somewhere will cut down the spiraling costs of The Congress did something else between zero impact and 2 percent re- health care insurance, and will not re- then. Many Members of Congress were duction. quire us to have such an intrusion of concerned that Medicare Advantage But is that what we are talking the Federal Government into the man- might not offer the plans in rural parts about in America, 30 percent of the agement of our economy. of America, that there wouldn’t be people in this country seeing their It is time for us to slow down and enough incentive for Medicare Advan- health care insurance costs go up and start, step by step, to address the kinds tage to go to rural America to offer the the rest seeing theirs remain basically of reforms that will reduce the cost of drug benefits—not only the drug bene- stable? That is not the cost curve re- insurance and the cost of health care fits but other benefits they provided. duction I thought Americans were and that will help us to increase access Congress, frankly, gave a lot of money talking about in health care reform. to quality care in America. We can do to Medicare Advantage plans so there So then what other cost curve could it, and we have a number of very good could be at least two plans operating in they be talking about? Well, there is a ideas on the table we will be exploring all parts of the country. Give them lot of talk about the deficit. Some- in greater detail in future days as well enough money and they will go; that times they try to shift away from the that will help us to do it. was the theory. Guess what happened. cost of health care to the cost of the With that, I reserve the balance of We gave them a lot of money and they bill to the people of America, and they our time. went. say the deficit is reduced. Well, how May I ask how much time remains? We have reached the point now where can you say that? There is only one The PRESIDING OFFICER (Mrs. Medicare Advantage is, by everybody’s way you can say that and that is if you SHAHEEN). The minority has no time. estimate, quite dramatically overpaid, accept the budget gimmicks in the bill. Mr. CRAPO. I thank the Chair. as the Senator from Oklahoma, Mr. If you raise taxes by around $500 billion The PRESIDING OFFICER. The Sen- COBURN, said when I asked him yester- and if you cut Medicare by $464 billion, ator from Montana. day whether Medicare Advantage plans then you can say this massive expan- Mr. BAUCUS. Madam President, I are overpaid. He said, ‘‘Yes, they are sion of government is somehow covered think it would be instructive to stop definitely overpaid.’’ and that the deficit won’t grow. all this rhetorical talking past each MedPAC, which advises us on Medi- Well, I think we have talked about other on Medicare Advantage and ex- care reimbursement, said to us that we the Medicare cuts part of this. We are plain a little bit about how we got to are way overpaying Medicare Advan- going to talk about the tax increases, where we are in this legislation. tage plans. I hear figures of from 14 to which are hundreds of billions of dol- I don’t know the exact year, but I 18 percent overpayment. It depends on lars of new taxes in the future, but think it was back in the 1980s some- what part of the country you are in. what did I mean when I said you can time, up to a certain point Medicare Let’s be conservative and say it is 14 only say the deficit goes down if you was basically paid fees for services. percent in fee for service, that they are accept the budget gimmicks? That is the basic Medicare model. The overpaid. MedPAC is an independent This bill starts the collection of reve- service was provided and there are cer- advisory group that helps us figure out nues and the cuts out at the front end tain set rates for that service. Then, in what in the world we pay hospitals, but doesn’t start the spending for 4 the 1980s, private companies thought nursing homes, home health agencies, years, so you have 10 years—in the 10- maybe they could be more efficient, etc. We are not the experts. We need year window we are looking at, we private insurance companies. So they help. MedPAC said to the Congress have 10 years of revenue and 6 years, came to Congress and said: We can do that we are overpaying them big time. basically, of spending. Sure, if you only a better job in compensating Medicare We decided let’s figure out a way to count 6 years of the spending side of based on fee for service, so let’s set up reform the system. How about a little the bill against 10 years of its collec- something called Medicare Advantage, competition? Right now, Medicare Ad- tion side, you are going to be able to private entities. vantage plans are paid what is called a make that deficit look a little better. So Congress said: OK, competition is benchmark, depending upon the fee for In addition, there are major expendi- a good thing. So we did that. Congress service in their certain area. We all tures we all know are going to have to did that. We basically set the rates to know fee for service is much less in be done in health care, such as the SGR be paid to Medicare Advantage plans at rural America, and I am sure in the fix for physician compensation in 95 percent of fee for service. After all, home State of the occupant of the Medicare, that are not even in the bill, the plan said they could do it more chair. Fee for service is much higher in an expense we know over 10 years is cheaply and they could compete. So we other more urban States and so forth. around 200 billion to 250 billion of extra said: OK, that sounds like a good idea. As it turned out, under the bench- dollars; simply not there, not counted. We will pay you 95 percent of what oth- marks for fee for service, they were Well, if you want to show a deficit re- erwise would be paid under fee for serv- way overpaying in States where fee for duction, you certainly want to leave ice. That continued for a while. service is so high, and not quite as out of your bill a lot of the spending In 1997, the plan said: Gee, we need a much overpaid where fee for service is you are going to do in the future. It is little more money. So Congress said: so low. That is a nutty system in the gimmicks such as these, it is tax in- All right. And we gave a little more current law today. creases, and it is Medicare cuts that money to Medicare Advantage and ba- What we are doing in this legislation allow one to say the deficit goes down. sically said, OK, that will pay the 95 is, basically, we are saying: Look, let’s In conclusion, the reality is, this bill percent. But if you are not doing so introduce a little competition. We are will increase the growth of government well and making money at 95, we will saying: Let’s get rid of the benchmark- by $2.5 trillion for a full 10-year meas- set kind of a higher floor, according to type fee for service. It is out of whack ure, increase taxes by hundreds of bil- certain areas of the country, and you in different parts of the country. What lions of dollars, cut Medicare by hun- could choose whatever enables you to are we going to do? We say: OK, we will dreds of billions of dollars, create a have the greatest compensation. divide the country into geographic Federal insurance company, create The big change occurred in 2003, in areas. In your area, wherever you massive Federal controls over the the Medicare Modernization Act, other- might be, Uncle Sam—or Medicare— health care economy, push the neediest wise known as the drug bill. It was the will pay the average competitive bid

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12298 CONGRESSIONAL RECORD — SENATE December 3, 2009 for that area. The average cost you bid or $1 trillion? No. Do we reduce the Mr. BAUCUS. Most people did. for that area is what we are going to rate of increase of health care expendi- Mr. DODD. If my colleague will cor- pay, which eliminates this big dis- tures down to, say, $450 billion, close to rect me if I am wrong, this is not tradi- parity between States and makes it $500 billion? Yes, that is what we did. tional Medicare; this is a private plan, much more fair so that reimbursement About one-quarter of the industry said right? is based much more on what it actually they could voluntarily contribute. Are Mr. BAUCUS. That is correct. To be costs in a certain area, but it is com- they squawking today? No. Why? Be- totally fair, the other side likes to trot petitively bid. That is what we are try- cause they got a pretty good deal. They out this Medicare pamphlet that in- ing to do. know they can continue to provide cludes Medicare Advantage. I think Is that a good thing to do? I think services and the hospitals are going to that is misleading and not accurate. As most of us think so. Is it perfect? I do well and home health care agencies the Senator says, these are private don’t know for sure, but we are trying will do well. I will add that the profit plans. our best to make this a better system, margin for home health agencies is Mr. DODD. In looking back a few a better program than we currently about 17 percent. That is pretty good. years ago, the original reason—and I have. As a consequence, we are going So we are cutting them a little bit. The don’t recall the debate as well as my to save some money, and there will be profit margin for nursing homes—Medi- colleague, the chairman of the Finance competition. Most of us think competi- care payments to nursing homes—is Committee, does. As I remember, the tion is often a pretty good thing. That about 15 percent. We are cutting that a original idea behind this was—and he is what this is, I remind my colleagues. little bit. But they are still making said this already, but it deserves being As a consequence, we are not going to money and still will do well. In fact, repeated—this was a way of cutting be overpaying Medicare Advantage their average rate of growth over the costs, reducing expenditures. In a plans anymore. The amount we reduced next 10 years is going to be in excess of sense, we were sold this idea on the the payment to is in line with what 5 percent a year. Wall Street analysts fact that we could do this better, more say these outfits are doing pretty well. MedPAC says we should pay, the Medi- efficiently, at far less cost. You don’t see their stocks going down. Mr. BAUCUS. Absolutely. That was care Payment Advisory Commission. We are trying to do what is right and We are trying to be responsible and the rationale. to reform Medicare Advantage, as I reasonable with taxpayer money, sen- Mr. DODD. That is why we supported just outlined it. It is a pretty fair at- trying this idea. A couple of things iors who pay into Medicare. The point tempt at reform. Also, we will reduce is often made that, gee, this will hurt payments to hospitals and other pro- happened since then. One, I think the Medicare Advantage, hospitals, and so viders in an amount that they can live overpayments, on average, are around forth. I think it is worth reminding all with—not be happy with but an 14 percent. of us that a meeting occurred at the amount they are OK with, and where Mr. BAUCUS. That is correct. It de- White House, I think, 4 to 6 months they know they can still make money. pends on the part of the country. ago, when all of the so-called pro- That extends the solvency of the Medi- Mr. DODD. So, on average, it is 14 viders—the hospitals, insurance compa- care trust fund another 5 years because percent in overpayment. Is it also true nies, including Medicare Advantage those providers are not being paid as that roughly 80 percent of Medicare plans—all got together with the Presi- much as they would otherwise be paid. beneficiaries don’t get any of these dent and said: Mr. President, we agree I hear Senators crying crocodile benefits? this country needs health care reform. tears about how seniors are going to be Mr. BAUCUS. That is correct. They all agreed. cut, and so forth. Frankly, with the Mr. DODD. And that the average Let’s move back in history a little changes we made, I think it is very Medicare couple over the age of 65 is bit. When President Clinton attempted fair, and it will extend the solvency of paying, I am told, about $90 a year health care reform, all those groups the trust fund. There is not one dime of more in Medicare payments for bene- were opposed to health care reform. guaranteed Medicare benefits that will fits they don’t get. This time, they are pretty much in be cut—not one thin dime—in this leg- Mr. BAUCUS. Exactly. favor of it because they know if we islation. It is true that because Medi- Mr. DODD. So here we have 75 to 80 don’t fix it, it is going to collapse. care Advantage—the rate of growth of percent of the beneficiaries of Medicare Back to that meeting. What did they increase in Medicare Advantage plans paying more money and not getting say? They said: Mr. President, we have is trimmed back a little, perhaps there the benefits for a program that costs all gotten together and we think we will not be as many extra benefits—not more than 14 percent more, and it is a can contribute. We can cut collectively the guaranteed benefits but extras, private plan. $2 trillion in payments that go to us fringe benefits, like gym memberships Mr. BAUCUS. With great consider- over the next 10 years. and things like that. Don’t forget, that able administrative costs and profits That is what they said. That is pret- is not because that is a decision made that otherwise could go to seniors. ty interesting. Thank you very much. by Medicare or by Congress; that is a Mr. DODD. Our bill does something So we are working together to get decision made by the executive offices that I think our friend from Oklahoma, health care reform. of these private companies. I am not Senator COBURN, pointed out that is Why do you think they would agree saying they should do this. They could absolutely critical, which is that com- to $2 trillion? They got their calcula- trim salaries, overhead, and they could petitive bidding did not exist in the tors out and got their financial officers have a little less return to stock- original. together and said: Gee, if everybody holders, and they could cut down ad- Who was setting these rates origi- has health care—remember, 46 million ministrative costs. There are various nally during this period of time? How Americans don’t have health insur- things they could do, which doesn’t did these rates get set? Did Congress ance—if everybody had health insur- have to be passed on to reductions in set them? ance, hospitals, Medicare Advantage fringes. Let’s keep things in perspec- Mr. BAUCUS. Congress did. Congress plans said: Hey, we can make some tive as to what is actually going on. set the benchmarks. money because everybody has health Mr. DODD. If my colleague will yield, Mr. DODD. Is it true that if these insurance. I appreciate what the Senator has just Medicare Advantage plans come in So that was the deal. They will have done. This is an area where I think under the benchmark bid, they actu- a little lower margins, but they will there is a lot of confusion and mis- ally get a piece of the savings? Is that make it up on volume. That is why understanding. A lot of it begins with correct as well? they said to the President: We can cut just the branding, the title of some- Mr. BAUCUS. That is correct. $2 trillion that otherwise would be re- thing. This was, frankly, a revelation Mr. DODD. So there is an incentive imbursements to us. to me, going back a number of weeks to trim the cost of the administration In this legislation, did we reduce the ago. I heard the words ‘‘Medicare Ad- of the program. It is also true the plans rate of increase over 10 years by $2 tril- vantage.’’ I thought this has to be part get bonus payments for care, coordina- lion? No. Did we decrease the rate of of the regular Medicare Program be- tion, and quality, and plans can use increase in expenditures by half of that cause it has that title. these bonuses to improve benefits?

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12299 Mr. BAUCUS. That is correct. Under ing $90 more a year for this. Do they Mr. DODD. Medicare Advantage de- this legislation, we say—frankly, under have any say in this? They don’t get cides how to use their extra payments the earlier Medicare Advantage plans, any of the benefits. Why are they writ- to provide benefits. They decide; Con- HMOs had some coordinated care, but ing a check for $90 a year to pay a pri- gress does not. There is nothing in the the other half, the private fee for serv- vate plan from which they get no bene- legislation that forces plans to reduce ice, preferred provider organizations fits? What about them? Don’t they de- benefits at all, rather than reducing did not have coordinated care. serve something in all this? profits. We are saying in the legislation that Mr. WICKER. The question I had was: Medicare Advantage is one of the if you are in the Medicare Advantage Is this a part of Medicare? profitable business lines of the private plan, which includes a whole list, and Mr. DODD. It is not. insurance. In fact, the New York Times you provide coordinated care, we are Mr. WICKER. I realize my friends on November 2—just about a month going to give you a bonus. have a difference of opinion. The au- ago—reported: Mr. WICKER. Madam President, will thorities for Medicare who put this Humana, the health insurer, posted on my friend yield for a question? publication out year after year say Monday a 65 percent jump in third-quarter Mr. DODD. Certainly. Medicare Advantage is part of Medi- profits— Mr. WICKER. I realize we do not have care. It is Part C. I think it is disingen- We are talking about private health much time. I have a quick question. I uous for my friends to say it is not. care. These are profits, a 65-percent was listening to the debate on tele- Mr. DODD. The only reason it is part jump in profits off this plan— vision. I understood the Senator to say of it is it is subsidized. This plan gets as bulging membership and premiums from Medicare Advantage is not part of subsidized by the American taxpayers. Medicare Advantage overcame a lackluster Medicare. My question is: I have here That is the only qualification that puts commercial segment. the Medicare handbook for 2010, ‘‘Medi- it under the Medicare umbrella because I appreciate the fact that people are care and You.’’ It says right on page 50: our taxpayers are writing a check to a getting eyeglasses and things. That is private company. That is why it gets wonderful. But we need to be clear Medicare Advantage Plans (Part C). A included as part of Medicare. Other Medicare Advantage plan . . . is another about this. These are not the guaran- health coverage choice you may have as part than that, it is a private plan. teed benefits, and 80 percent of Medi- of Medicare. Mr. BAUCUS. This is a semantic care beneficiaries get none of these ad- question. When you see the operational My question to the Senator is—to my vantages and yet pay more so other effects, as my good friend from Con- friends on the other side of the aisle: Is people under this private health care necticut said—— plan—because it is subsidized by the the Medicare handbook inaccurate and, Mr. WICKER. One other question. Is if so, will you be calling CMS, Medi- American taxpayers—get them. it a semantic question to ask: Are the Again, now we are going to put com- care, and be asking them to change American seniors who are currently en- what they say explicitly on page 50 of petitive bidding in place. Our bill al- joying Medicare Advantage going to be lows, under these plans, if they follow the Medicare handbook? disallowed from this program? The an- Mr. BAUCUS. That is a very inter- and do some of the incentives, to actu- swer is yes, under this bill. ally share in some of the profits. We esting question. When I was told about Mr. BAUCUS. This legislation, if I the handbook, that is what I thought I are not talking about eliminating all of may say, expressly states there will be this plan. We are trying to make it was going to do, is call up Medicare no reduction in what is called guaran- and say that is misleading and it is in- work better for people under the bill. teed benefits under Medicare. No re- We have to be honest what we are accurate because it is misleading and duction, whether it is under Medicare talking about. This is a private insur- it is inaccurate. Advantage, whether it is under fee for ance company that is subsidized by the Mr. DODD. Absolutely. service—whatever it is, no reduction American taxpayers. It is not what, Mr. BAUCUS. These are private com- whatsoever. traditionally, people think of Medi- panies. To be fair to my good friend, I used care. Mr. WICKER. Even though Medicare the words ‘‘guaranteed benefits.’’ Guar- Mr. WICKER. Will the Senator yield? put it in their handbook, has had it for anteed benefits are the usual benefits Mr. DODD. I will be happy to yield. several years, it is wrong? seniors think of when they are under Mr. WICKER. The chairman, when he Mr. DODD. They are wrong. It is a Medicare. They go to a doctor, hos- is calling HHS to change the handbook, private health care plan. It is a private pital, so on. also needs to tell them to change their health care plan. Medicare is a public We have given, unfortunately, so Web site, where it says Medicare Ad- plan. Medicare Advantage is not Medi- many additional dollars to the so- vantage is part of Medicare. care, and it is certainly not an advan- called Medicare Advantage plans—way Can the Senator from Connecticut tage, given the overpayments that oc- above what they should have received. guarantee that under this legislation, curred. MedPAC agrees. Senator COBURN to- the benefits to Medicare Advantage re- Mr. WICKER. Isn’t it in part of the tally agrees they have been paid way cipients will not be cut? Can he make Medicare legislation? too much. They have taken advantage this guarantee? Mr. DODD. It is a private plan. My of that advantage by giving additional Mr. DODD. What I wish to say and colleague understands that, I hope. benefits, in addition to the guaranteed what I wish to ask my colleague— Medicare Advantage is a private plan. benefits. Those additionals are things Mr. WICKER. The reason he cannot You know that, of course, don’t you? I such as gym memberships—a lot of make this guarantee— assume you know that. extra stuff that, frankly, is not part of Mr. DODD. Let me claim my time. Mr. BAUCUS. It has officers, a board Medicare, is not directly related to There is not a single guaranteed ben- of directors. health. efit under Medicare that is cut in this Mr. WICKER. I know this. It is in the I might say, too—I have said this a bill. Not one. I defy any Member of this handbook. I want my two friends of the couple, three times and I will say it body to identify a guaranteed benefit majority party to get it out of there. again—a reduction in the increase of under Medicare that gets cut. You can- We thought all along it is part of Medi- payments to Medicare Advantage, the not find one. Do we cut out gym mem- care and the millions of senior citizens effect of those reductions is a decision berships and things such as that? Yes, who rely on this and who were told in made by the officers of that company. that may happen. But on the guaran- the campaign, if you are satisfied with They could take those reductions and teed benefits—operative word is ‘‘guar- your coverage, you don’t have a thing apply them anywhere. They could re- anteed’’—under guaranteed benefits, to worry about, they are going to be duce their salaries. They could reduce there is not a single cut to a benefit. able to keep their coverage. Under the their admin costs. They could take That is why an organization rep- Democratic legislation, they would not other actions that would reduce the resenting 40 million Americans that be allowed to keep their coverage rate of growth, the rate of return of endorsed the Bush prescription drug under this bill. their stockholders. They do not have to plan, by the way, in 2003—hardly a par- Mr. DODD. If I can reclaim my time, take it out of the beneficiaries. That is tisan organization as some have sug- 80 percent of older Americans are pay- their choice. They do not have to. gested today—has basically opposed

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12300 CONGRESSIONAL RECORD — SENATE December 3, 2009 the McCain motion and has endorsed friend from Mississippi, it is a private regarded and well recognized, rep- the legislation before us today. That health care plan that receives subsidies resenting 40 million seniors in the organization, I say to my good friend, from the American taxpayers, where 80 country, and the Commission to Pre- would never be endorsing a bill that percent of seniors today pay more and serve Social Security and Medicare, was going to cut guaranteed benefits get nothing for it. Where is the equity which represents an additional 3 mil- under Medicare. in this? There is no equity in this. Why lion, and that is all they do. This is a Mr. BAUCUS. I wish to say some- should 80 percent of that population totally nonpartisan examination. thing else to put this in perspective. pay $90 or more a year, on average, for These two organizations, representing That is according to analysis of Medi- a benefit they don’t get? Where is the almost 50 million of our seniors, have care Advantage plans from equity? examined this bill in detail—every dot- Oppenheimer Capital Fund, dated No- Mr. BAUCUS. I might add, too, to re- ted ‘‘I,’’ every semicolon, every vember 12 of this year, between 2006 mind us all, this legislation provides comma, every proposal—and have done and 2009. Their estimate is, Medicare additional benefits for all seniors, in- exhaustive research, and they have Advantage accounted for nearly 75 per- cluding Medicare Advantage recipi- said: This is a good bill. This bill is de- cent of the increase in gross profits ents—additional benefits. What are serving of support. among the larger Medicare plans in the they? No copayment for certain pre- We received a letter today from industry. ventive care—mammograms, for exam- them. They are not Democrats. They Let me say this: ple, colonoscopies, screening benefits are not Republicans. They are not try- . . . Medicare Advantage . . . has been a that are not in existence today. There ing to get an advantage over anybody. huge driver— are a whole host of other things that They are examining whether this bill Quoting from the Oppenheimer Cap- are additional. stabilizes and strengthens Medicare, ital Fund— This legislation provides additional puts seniors in a stronger position, is a huge driver of earnings growth for the in- benefits to Medicare Advantage mem- going to see to it that we can extend dustry in recent years. Between 2006 and bers that are not there today. the life of the program and provide 2009, we estimate that Medicare Advantage When I say ‘‘guaranteed benefits,’’ I guaranteed benefits that are needed, accounted for nearly 75 percent of the in- am talking about the usual benefits crease in gross profits among the larger and their answer was a resounding plans in the industry, highlighted by an esti- seniors think of under Medicare. It is yes—yes, this bill is deserving of our mated gross profit increase of $1.9 billion in hospital care, it is nurses, it is all support. 2009, relative to commercial risk earnings medically necessary physician care, di- Again, I appreciate the political de- gains— agnostic testing, supplies. It is home bate here, but at some point we have to That is basic health insurance, not health care, preventive care, skilled step back and let those whose job it is Medicare Advantage plans but basic nursing, hospice—all the things that to analyze our suggestions and our health insurance— are basically related to health care. ideas—just as AARP supported Presi- of nearly $600 million. Medicare Advantage The only thing that might be dent Bush 6 years ago with his pre- probably won’t be as much of a contributor trimmed back a little is, I call them scription drug bill. They didn’t join in 2009— the fringe stuff, the excesses, such as Democrats or Republicans; they liked But it is going to be a very large con- gym memberships. I wish I had the the idea—still do—and supported it. tributor in 2009 because of advantages whole list because some of them are Today, they are not supporting us as they get. not related. Democrats. They would reject this bill Mr. WICKER. It is clear the Senator As I said earlier, they may not be out of hand if they thought we did does not like Medicare Advantage. It is cut. They don’t have to be. It is up to something adverse to the interest of also clear no guarantee can be made the private companies whether to cut. their membership. But they said: No, that Medicare Advantage benefits will I have nothing against companies mak- this is a good bill, deserving of support. not be cut under this legislation. It is ing profits. They should make profits. The two largest organizations in this also clear there are tens and tens of It is our responsibility as Senators to country representing seniors have said: millions of American senior citizens make sure the reimbursement rates Get behind this bill. Let’s support our who like their Medicare Advantage, Medicare pays providers are fair and seniors. Let’s make Medicare stronger notwithstanding the Senator from reasonable and not excessive. We have and strengthen it. And this bill does it. Montana, and they stand to lose those been told they are excessive. So we are That is why we should be joining to- benefits under this legislation. trying to find a way to make it fairer. gether, not fighting over this. Medicare Mr. DODD. Let me point out, one of Mr. WICKER. This segment of debate Advantage is a private health care plan the things we have not talked about, I will end at the bottom of the hour, so subsidized by the American taxpayer. say to my friend from Mississippi, it is almost over. I appreciate my Eighty percent of the seniors don’t get under our legislation, this bill protects friends yielding. This debate will con- the Advantage. That is why we are cre- seniors in Medicare Advantage from tinue for days, weeks. I say to my ating these changes in this bill. plans that care more about profits than friends, there are Members on their I applaud my colleague from Mon- seniors, trying to pass the buck. Under side of the aisle who have come before tana, the chairman of the Finance our bill, it allows the Secretary of this body and said these Medicare Ad- Committee, who did incredible work, Health and Human Services to kick out vantage cuts are unacceptable. I think along with his staff and other mem- any plan under Medicare Advantage they are going to have to have a lot of bers, in producing this product. that significantly increases their pre- convincing too. Democratic Members miums or decreases their benefits. of the House have also come forward. I f Under existing law, that would not am not convinced. I don’t think they RECESS happen; under our bill, it does. are convinced. It is not about being hostile to Medi- The PRESIDING OFFICER. All time The PRESIDING OFFICER. The Sen- care Advantage. It is being realistic has expired. ate stands in recess until 5:30 p.m. about all this and trying to make the Mr. DODD. Madam President, I ask Thereupon, the Senate, at 4:33 p.m., tough decisions we have to make about unanimous consent for 2 additional recessed until 5:30 p.m. and reassem- trying to stabilize Medicare, seeing to minutes. bled when called to order by the Pre- it we are going to have protections in The PRESIDING OFFICER. Without siding Officer (Mr. WHITEHOUSE). premium reductions and cost savings, objection, it is so ordered. f as well as increasing access and qual- Mr. DODD. Madam President, let me ity. say to my colleague again that here we SERVICE MEMBERS HOME OWNER- All we are trying to point out is, have two organizations representing 43 SHIP TAX ACT OF 2009—(Contin- when you have a Medicare Advantage million seniors in our country, and ued) plan that has run as poorly as this one these are organizations that don’t just (Mrs. SHAHEEN assumed the Chair.) has, at great cost we now learned—14 write letters on the fly. They have Mr. WHITEHOUSE. I suggest the ab- percent above, on average; some places staffs that examine proposals here, and sence of a quorum. it is 50 percent above average—where is that is all they do. We have AARP, The PRESIDING OFFICER. The the equity. By the way, I say to my which is an organization that is highly clerk will call the roll.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12301 The assistant legislative clerk pro- voluntarily opt into this insurance sponsible in more ways than I can ceeded to call the roll. plan. There are no taxpayer dollars in- name. Yet they happily went that way, Mr. WHITEHOUSE. Madam Presi- volved. the path of fiscal irresponsibility, when dent, I ask unanimous consent that the After individuals pay premiums for 5 it suited the pharmaceutical industry. order for the quorum call be rescinded. years, they become eligible to receive a Of course, in order to do so, they had to The PRESIDING OFFICER. Without cash benefit of no less than $50 per day leave a hole in the Part D pharma- objection, it is so ordered. to assist with the various costs associ- ceutical program for seniors to fall Mr. WHITEHOUSE. Madam Presi- ated with the onset of a disability or into, what the Presiding Officer knows dent, I intend shortly to call up an long-term health condition. These ben- well and what my colleagues know well amendment once the procedural pos- efits could be used to pay for transpor- as the dreaded doughnut hole that has ture is clarified and has been cleared tation to work, for instance, or the caused so many unsuspecting seniors on the Republican side, an amendment construction of a wheelchair ramp or so much surprise, chagrin, fear, anx- to protect the Social Security surplus the hiring of a personal aide—the sorts iety, and misery. Now, having been the and the CLASS program savings in this of things that so often make the dif- architects of that program, they criti- act. When I do, I will then ask for its ference between somebody remaining cize the CLASS Act even though the immediate consideration, but at the an independent and productive member CBO has found it to be fiscally sound. moment, that is still being worked out of society and requiring the support of It seems there is an enormous double from a parliamentary standpoint, so assisted living or nursing home care. standard between programs designed my words will come in advance of that. I think we can all agree that it is in for the benefit of, say, the pharma- I wish to describe the amendment for everyone’s best interest to try to pro- ceutical industry, or perhaps the insur- my colleagues. It is a sense-of-the-Sen- vide this kind of assistance to people ance industry, and the standards they ate resolution that demonstrates the when an unexpected disability begins would apply to programs that benefit Senate’s commitment to meaningful to affect their lives, to allow them the people who suffer from the onset of a deficit reduction in this legislation support they need to continue as best disability—regular Americans, regular while also protecting both the Social they can in their homes, in their apart- families. This is something that hap- Security surpluses generated by the ments, with their families, at their pens to people across this country all legislation and savings generated from jobs, and remain, as I said, both inde- the time. a significant element of the bill, the pendent and productive. That is really the most important ef- long-term voluntary insurance pro- The Congressional Budget Office has fect of the CLASS Act. As good as it is gram created by the Community Liv- concluded that this plan is fiscally sol- on deficits, as much as the CBO has ing Assistance Services and Supports vent. In fact, it projected that the pro- confirmed that it is to our fiscal advan- Act, what we call the CLASS Act. The gram would be solvent for at least 75 tage to proceed with the CLASS Act, amendment expresses the sense of the years. the most important effect is not on Senate that surpluses generated by There was a helpful amendment of- deficits, it is on people. this bill for the Social Security trust fered in the HELP Committee when we It is on families. This insurance pro- fund be reserved for Social Security considered and debated and passed that gram will allow disabled people, young and that the savings for the long-term piece of legislation. The amendment and old, to live more financially secure insurance program created by the was offered by the distinguished Sen- and productive lives, free from the fear CLASS Act be reserved for the CLASS ator from New Hampshire, your col- that medical expenses will impoverish program. league, Senator GREGG, the ranking or bankrupt them, able to make those The CBO has estimated that this bill member on the Budget Committee. It investments in their own adaptation to will save $130 billion over the first 10 passed unanimously, and it ensures and their disability so they can maintain years and roughly $650 billion over the requires that the program be actuari- the lifestyle, the job, and the home next 10 years. This amendment stands ally sound for 75 years. they are accustomed to and com- for the proposition that these impres- CBO has projected that, in fact, it fortable with. Studies show that less sive savings will be protected vis-a-vis would be solvent for at least 75 years. than a quarter of private long-term the CLASS Act and the Social Security CBO further estimated that the pro- care insurance policies provide a life- trust fund. gram would reduce the deficit by $72 time of benefits. The CLASS Act fills I wish to speak in particular today billion over 10 years, saving $1.6 billion an important void that has been left by about the CLASS Act. This act creates for Medicaid during the first 4 years of the public sector for people who seek a voluntary insurance program for sen- the program. So it has a substantial this protection and this insurance on a iors and individuals with disabilities. fiscal upside. paid-for basis. The CLASS plan is a This program will enable them to af- I am surprised that our colleagues on win-win for reducing costs in our ford long-term care even after they the other side are criticizing this ele- health care system and protecting have exhausted coverage offered by ment of the bill. It seems to run con- Americans who require long-term care. Medicare or their private insurer. Let trary to the findings that have been Our current system plain fails to pro- me make clear that this is not a man- made by the nonpartisan Congressional tect those who aren’t healthy or datory program. It does not increase Budget Office. It is certainly a stark wealthy enough for private market taxes on anyone. It is a completely vol- contrast to their tolerance for their coverage. It fails to create an oppor- untary program that offers an addi- own Medicare Part D Program, the tunity for individuals to plan and save tional insurance option for the dis- pharmaceutical program the other side for their future lifetime care needs. It abled. Without such insurance, disabled touted so proudly, which is different fails to provide a sustainable safety net people often cannot afford the massive from the CLASS Act in many respects: for individuals who require long-term costs of long-term care. Under current It was vastly expensive; it was com- services and supports to keep the fa- law, they are often forced to sell their pletely unpaid for; it was a massive miliar aspects of their life around homes or otherwise what is called handout to the pharmaceutical indus- them—job, family, home, hearth. ‘‘spend down’’ their assets until they try, containing within it the, to me, I will shortly ask that my colleagues meet a poverty threshold before they appalling proposition that the govern- support the amendment when it is can begin receiving the help they need. ment was forbidden by law, forbidden called up. It will put the Senate on Certain colleagues on the other side by a previous Congress, to negotiate record as protecting Social Security. It of the aisle have argued that the with the pharmaceutical industry over will put the Senate on record as pro- CLASS plan would lead to a financially the price of drugs and had to take it or tecting the CLASS Act savings scored unstable entitlement program and leave it, whatever the pharmaceutical by CBO. It will put the Senate on would rapidly increase the Federal def- industry charged. Frankly, it is irre- record as supporting the impressive icit. That is simply not accurate. The sponsible to put the government into deficit reduction in the bill. I look for- CLASS plan is fully self-sustaining and that situation. It is fiscally irrespon- ward to favorable consideration when actuarially sound, funded by the pre- sible, and it is irresponsible from a we have a parliamentary agreement on miums paid by those individuals who management point of view. It is irre- calling it up.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12302 CONGRESSIONAL RECORD — SENATE December 3, 2009 I yield the floor. dren and grandchildren who will end up score this bill as taking credit for that The PRESIDING OFFICER (Mr. with that bill. insurance under this program. It is UDALL of Colorado). The Senator from That bill will be staggering. We are Bernie Madoff accounting one more New Hampshire. talking hundreds of billions, if not tril- time under this bill. You would think Mr. GREGG. I appreciate the pro- lions, of dollars of outyear costs as a after a while people would get embar- posal of the Senator from Rhode Is- result of this type of program; much rassed—really, it would become embar- land, but I think it needs to be put in like Social Security which basically rassing after a while. When you match its proper context. This is a sense of has nothing in the coffers today, even up 10 years of tax increases, 10 years of the Senate. It has no legal implica- though trillions of dollars have been Medicare cuts, to 5 years of pro- tions. The CLASS Act, as proposed in paid in, but which has a lot of obliga- grammatic spending and claim you the underlying bill, was described by tions. The same thing with Medicare. have a program that is fully paid for the Senator from Rhode Island but not That was an insurance program which and is only an $840 billion program, fully. The way the CLASS Act works, was supposed to have money in the cof- when you know that if the program, it is an insurance program theoreti- fers. Not there. In fact, it goes into the entire bill is fully phased in, it is cally where people in their thirties and negative cashflow and will be insolvent $2.5 trillion in cost. It isn’t $500 billion forties and fifties can buy insurance to beginning in 2010. There is no money in Medicare cuts when this thing is cover their retirement years when they when these folks retire and need it. It fully phased in, it is $1 trillion in Medi- have to go into some sort of long-term will have been spent. care cuts. It isn’t $500 billion of tax in- care facility and may be institutional- This amendment, well intentioned as creases in this bill and fee increases on ized. People are paying into this pro- a statement, has absolutely no effect small businesses mostly or on provider gram for decades, maybe four decades, on that series of events. That money groups, it is over $1 trillion of in- maybe their thirties right into their will still be spent under this amend- creases. You would think after a while seventies or their twenties into their ment. After this amendment is people would be embarrassed about the sixties. The cost of this program does passed—and I presume it will be passed; manipulation of numbers in that way. not actually start to be incurred until it is a nonevent amendment having no But that doesn’t seem to occur. Yet we these folks move into a long-term care purpose other than a political state- get this proposal that says, OK, let’s do facility or a managed care facility type ment—CBO will still score this bill as it again. Let’s claim we are doing of situation for their retirement years spending that money, absolutely score something we are not doing. Let’s where they need skilled nursing assist- this bill as spending that money, the claim we are protecting the dollars ance of some sort. $90 billion for the next 10 years, the that come in under this new CLASS There is a huge amount of premium $212 billion for the next 20 years, the Act proposal, assuming this program that comes in under this program early $400 billion after that. That is my goes into place. Let’s claim we are seg- which goes against virtually no ex- guess. The third 10-year period, my regating them somehow so the people penses, because this is a brandnew pro- guess is $500 billion. When we get out who pay their hard-earned dollars and gram. It is a startup program. It is cre- there 30, 40 years from now and these buy into this CLASS Act think they ated by the Federal Government. It is people expect to get their insurance are getting something for it, when in a government insurance program much paid, then when our children get the fact that will not happen at all, is not like Social Security and Medicare. The bill for that insurance, it becomes a going to happen at all. That money is practical effect of that is that money tax on them, a direct tax on their earn- going to be spent the day it comes in. will come in for years to the Federal ings. It will affect their lifestyle, their In fact, it is already spent. We are al- coffers. In the first 10 years of this bill, earning capacity, their ability to buy a ready borrowing so much and spending it is estimated around $90 billion will home, to send a child to college, to buy so much in this government right now. come in. In the second, as we move out a car. This money will be spent under We already have an obligation of debt in the second 10 years, the total over this bill. that will spend this money. those two periods of 10 years is about One of my colleagues on the other I guess everybody can walk away $212 billion. Then more money will side of the aisle who is pretty respected feeling good about this amendment, come in in the third 10 years, probably around here on financial matters I be- but substantively, it has no impact at somewhere in the vicinity of $300 bil- lieve referred to this CLASS Act pro- all. lion to $400 billion potentially. None of posal as a Ponzi scheme. That is not Mr. THUNE. Will the Senator yield this will be spent on the purposes of too far off. Basically, we are taking the for a question? this insurance, because almost every- money from these folks who buy into Mr. GREGG. I am happy to yield. body who is paying in for these pre- this insurance program today. We are Mr. THUNE. My understanding is as miums is going to be too young to go spending it on something we want to to the CLASS Act, to make the deficit into one of these institutionalized care spend it on as a Congress today, wheth- situation with the enactment of this facilities during those first three dec- er it is something worthwhile such as a bill look better, they argue they are ades. road or education or our national de- actually going to reduce the deficit as So what happens is that the Federal fense, but we are spending it. We are a result of this bill because of the reve- Government gets this large windfall of leaving the people who paid that pre- nues that come in early from the money from these people who are pay- mium out to lunch unless 30 or 40 years CLASS Act. I think the Senator from ing their premiums and spends it, from now, when they go into that situ- New Hampshire has accurately de- spends it on something else—edu- ation where they need that insurance, scribed this. You get a short-term infu- cation, roads, highways, arts, whatever the country is strong enough and our sion of revenues and another long-term is the decision on where to spend the kids are making enough money to pay liability which is why the Senator from money. It gets spent. That is the way for the cost of that program. That is a North Dakota described it as a Ponzi the Federal Government works. It real gamble for them, and that is called scheme of the highest order, something doesn’t have any place to put this a Ponzi scheme, which is exactly what of which Bernie Madoff would be proud. money and keep it safe. It comes in, this is. This bill, this sense of the Sen- I guess my question to the Senator and it gets spent. When these people re- ate, although a good political docu- would be, how does this impact deficits tire, when they do go into a situation ment because it allows Members to in the long run and the debt in the long where they need assisted living of some wander around their districts and say: run? There was a lot of discussion sort, then the government gets the bill. I voted to protect the CLASS Act dol- around here, probably more rhetoric Not us, not those of us who are here. lars, I voted that it not be accounted than action, about doing something to We will be long retired by then, every- for under this bill, that was a sense of reduce the deficit and deal with the body in this Chamber, except maybe the Senate. In actuality, it has no ef- debt that continues to pile up and ac- Senator BENNET from Colorado who is fect at all in that area. cumulate and at some point will be rather young and vibrant. The rest of All the money that comes into this, handed off to future generations. This us will probably not be around to take insurance money, is going to be spent Ponzi scheme, as it has been described advantage of this. It will be our chil- somewhere else. And the CBO will still by the Senator from North Dakota on

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12303 the other side, in the form of the know, when you combine Medicare, still score the CLASS Act as benefiting CLASS Act does seem in the short Medicaid, and Social Security, we have the budget situation, when it should term to understate the fiscal impact of a $60 trillion unfunded liability. If you not be scored that way at all. the cost of this health bill which, as calculate in the cost of the CLASS Act As I said, this is a nice resolution the Senator from New Hampshire has on top of that, you are adding poten- from a political standpoint, but sub- described, is $2.5 trillion. But could the tially trillions more of unfunded liabil- stantively it has no effect on cor- Senator elaborate on what happens in ity, which will all have to be paid by recting the problems which the CLASS the outyears? You talked about the im- our children and our grandchildren. Act generate in the area of fiscal pol- pact down the road when all the bills At the essence of this bill, there are icy. come due. You get all the revenue in a number of problems, but the problem I understand there is a unanimous the short term, and then some time I find most inappropriate in the way we consent request that somebody wishes down the road that revenue gets spent are doing this is we are creating a gov- to offer. I was asked if I would listen to and you are stuck with all these liabil- ernment which our kids cannot afford it. ities. How is this going to affect defi- under any circumstance. We are abso- Mr. DURBIN. Mr. President, does the cits and debt in those years in the fu- lutely guaranteeing that our children Senator yield the floor? ture when our children and grand- are going to have a lower standard of Mr. GREGG. I ask the assistant lead- children will have to pay for it? living than we had because of the bur- er, is he offering a unanimous consent Mr. GREGG. The Senator has asked a den we are going to put on them as a request? I will yield the floor for the very pointed and appropriate question, result of these expansive new pro- purposes of a unanimous consent re- because the answer is pretty startling. grams, which we know cannot be af- quest. Mr. DURBIN. Mr. President, I ask The point I think most people don’t un- forded in the outyears. unanimous consent that the next derstand is that this money gets spent We already know we cannot afford amendment in order be one offered by as it comes in. In other words, let’s say the government we have in the out- Senator WHITEHOUSE of Rhode Island, over the next 30 years, younger people years. We already know the public debt which is at the desk; that the other pay into this new alleged insurance is headed above 80 percent of GDP by matter in order during today’s session program, accurately described as a 2019. So the Senator from South Da- be a Hatch motion to commit regard- Ponzi scheme. All that money that kota has touched on a core issue. What ing Medicare Advantage; that no other comes in will be spent on other activi- is the real cost of this? Well, it is ex- amendments or motions to commit be ties of the government and, therefore, traordinary. As I said, it hits the next in order during today’s session; and the other activities of government will generation twice. First, they will have that the time in sequence following be allowed to grow fairly dramatically. to pay the taxes to pay for the program this unanimous consent request—I do There will be a lot of money here. You that was put on the books, which is al- not want to disadvantage the Senator are talking potentially $1 trillion over legedly there, plus they will have to from New Hampshire, but if it is our the next 30 years. pay to support all the programs which turn on this side of the aisle, I would Those expenditures, which will have the money that came in was supposed ask that Senator WHITEHOUSE first be occurred as a result of this money com- to be preserved for. ing in, which will have nothing at all Mr. THUNE. I say to my colleague recognized for the purpose of calling up to do with paying for the cost of the from New Hampshire, it is the classic his amendment and then I be recog- health care which these people who buy definition of a Ponzi scheme, which, as nized next, for no more than 15 min- into this CLASS Act think they are I said, is how it has been described not utes; and at that point it is my under- getting—in other words, long-term care just by the chairman of the Budget standing Senator HATCH has asked for insurance, it has nothing to do with Committee from North Dakota but also the floor for 1 hour on his motion. If there are any other requests, I that—it will be on, as I said, education, by others who have looked at this. Edi- would be glad to add them to the unan- roads, national defense, whatever we torial pages in newspapers across this imous consent request at this point. spend it on around here. Those expendi- country have looked at this CLASS Mr. GREGG. Reserving the right to tures will be built into the baseline for- Act and said it does not add up, and it object, my only concern would be that ever. They will presume that there is does not add up. I think Ponzi scheme will take us past 7 o’clock, so you may going to be revenue to pay for them. is a good description. want to adjust the time. What happens when that generation The Senator from New Hampshire Mr. DURBIN. I am going to finish that has bought into the CLASS Act has correctly outlined the impact this this as soon as I have gone through my starts to actually need the money it is will have on future generations, on preliminary work here. I also ask alleged it is going to get? Two things deficits and debt, and spending and the unanimous consent that the time until happen. The younger generation is growth of government. That is why it 8 p.m., this evening, be equally divided going to have to pay taxes to cover is such a bad idea to include this. The and controlled between Senators sense of the Senate resolution is sim- that cost because the money will not WHITEHOUSE and HATCH or their des- be there. There will be no money in the ply that. It has no legal binding effect ignees; that it be in order during this kitty, none, zero. There will be zero on spending. It simply is sort of a polit- time for Members to engage in col- money in the kitty, the alleged kitty ical statement that makes everybody loquies, as long as those Members en- to pay for this insurance program. Sec- feel better, but in the end it is going to tering into the colloquy remain on the ond, ironically, the government will be our kids who pay. floor. have been grown by all the money that Mr. GREGG. I think the Senator Mr. GREGG. Is it my understanding, came in and was spent on new pro- from South Dakota touched on another then, the order of recognition will be point. The sense of the Senate, basi- grams. So you are basically going to Senator WHITEHOUSE, the assistant cally, confirms the fundamental flaw of double down on the cost here. leader, and then Senator HATCH? Our children and our grandchildren the CLASS Act. The fact that you Mr. DURBIN. Yes. are going to have to pay twice, not would think a sense of the Senate is The PRESIDING OFFICER. Is there only to pay for the long-term care necessary pretty much proves that ev- objection? which allegedly has been promised to erybody around here understands there Without objection, it is so ordered. these people under these insurance pro- is a big game going on with the CLASS The Senator from Rhode Island. grams but also to pay for all the new Act. The problem is, of course, the AMENDMENT NO. 2870 TO AMENDMENT NO. 2786 spending that will occur as a result of sense of the Senate has no effect of law Mr. WHITEHOUSE. Mr. President, I spending the premiums which were and, therefore, the problems the now call up amendment No. 2870, an supposed to be saved for these pro- CLASS Act creates in the area of amendment to protect the Social Secu- grams. So they are going to get hit spending, the revenues that come in for rity surplus and CLASS program sav- twice. The implications are, quite hon- the purpose of something other than ings in this act and ask for the amend- estly, staggering. what the CLASS Act alleges people are ment’s immediate consideration. We already know we have a $38 tril- buying when they pay for that insur- The PRESIDING OFFICER. The lion unfunded liability in Medicare. We ance, will still exist, and the CBO will clerk will report.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12304 CONGRESSIONAL RECORD — SENATE December 3, 2009 The assistant legislative clerk read tion to the deficit impact of the CLASS an indication of the wisdom of that as follows: Act. idea and the way it is planned. The Senator from Rhode Island [Mr. Mr. GREGG. I appreciate the assist- I might add one other thing. We just WHITEHOUSE] proposes an amendment num- ant leader asking me that question. finished a motion to commit on the bered 2870 to amendment No. 2786. Regrettably, I am not immediately fa- floor relative to Medicare, and many of Mr. WHITEHOUSE. Mr. President, I miliar with it. I have probably seen it, us argued that the bill before us, the ask unanimous consent that reading of although I apologize for not being im- bill that represents health care reform the amendment be dispensed with. mediately familiar with it. Therefore, I in this debate, protects Medicare and The PRESIDING OFFICER. Is there presume the assistant leader is going guarantees the basic benefits of Medi- objection? to remind me or at least reacquaint me care. Those on the other side of the Without objection, it is so ordered. with its terms. I would note the term aisle protested and said: No, it does The amendment is as follows: ‘‘Ponzi Act’’ did not come from me. It not. (Purpose: To promote fiscal responsibility by came from the chairman of the Budget Well, then, Senator MICHAEL BENNET protecting the Social Security surplus and Committee. of Colorado offered an amendment CLASS program savings in this Act) Mr. DURBIN. I would just say, it is which said, pointblank and clearly, At the appropriate place, insert the fol- unfortunate the Senator from New nothing in this bill will, in any way, di- lowing: Hampshire has not seen this letter be- minish guaranteed Medicare benefits, SEC. ll. SENSE OF THE SENATE PROMOTING cause if he had had an opportunity— and a surplus generated here will be to FISCAL RESPONSIBILITY. and it is impossible to read every- give a longer life to the existing Medi- (a) FINDINGS.—The Senate makes the fol- thing—if he had had an opportunity to care Program. The Bennet of Colorado lowing findings: read that letter, I do not think he amendment passed 100 to nothing, so (1) Based on Congressional Budget Office would have made the speeches he just (CBO) estimates, this Act will reduce the not only does the bill originally pro- made on the floor about the CLASS tect Medicare, the Bennet amendment Federal deficit between 2010 and 2019. Act because the Congressional Budget (2) CBO projects this Act will continue to repeated that, and all the Republicans reduce budget deficits after 2019. Office tells us that in the first 10 years, voted for it. Yet they continue to come (3) Based on CBO estimates, this Act will the CLASS Act will reduce the Federal to the floor and say: We do not believe extend the solvency of the Medicare HI Trust budget deficit by $72.5 billion; in the what we voted for. We believe this bill Fund. second 10 years by a substantial is going to hurt Medicare. (4) This Act will increase the surplus in the amount, though somewhat less than The same thing is true with the Social Security Trust Fund, which should be $72.5 billion; and in the third 10 years— CLASS Act because Senator reserved to strengthen the finances of Social 30 years out—it is anticipated it will Security. WHITEHOUSE, who was on the floor mo- add to the deficit, but, in the words of mentarily, came forward and said: I (5) The initial net savings generated by the the letter from the Congressional Community Living Assistance Services and will put it in writing. We are going to Supports (CLASS) program are necessary to Budget Office, by a very small amount put it in writing that the surplus in the ensure the long-term solvency of that pro- over that next decade. CLASS Act program cannot be used for gram. Mr. GREGG. If the Senator would other purposes and has to be saved and (b) SENSE OF THE SENATE.—It is the sense allow me to comment on that one used for the purposes stated here for of the Senate that— point? long-term care insurance. I think the (1) the additional surplus in the Social Se- Mr. DURBIN. I would be more than Whitehouse amendment is likely to get curity Trust Fund generated by this Act happy to allow that. should be reserved for Social Security and Mr. GREGG. I fully agree with that another 100 votes. So every time we address a concern not spent in this Act for other purposes; and analysis. The first 30 years of the from the Republican side of the aisle, (2) the net savings generated by the CLASS CLASS Act will generate revenues. It program should be reserved for the CLASS will add to the Federal Treasury and and say the bill addresses that concern program and not spent in this Act for other or a separate amendment addresses purposes. will—and that was the purpose of my discussion; that is the point I made— that concern, they protest: It is not Mr. WHITEHOUSE. Mr. President, I during the first 30 years of this pro- enough. We need more. I think they yield the floor to the distinguished as- posal, younger people will be paying in protest too much. I would also say I am troubled today, sistant majority leader. and very few people will be taking out Mr. DURBIN. Mr. President, I have because they will not have yet quali- as I have been for several weeks, by the listened carefully to the profound and fied for the insurance because they will position taken from the Republican eloquent statements from my friend not be old enough to go into assisted side of the aisle about health care re- and colleague from New Hampshire, living. form. For about 13 or 14 days, this bill, Senator JUDD GREGG. He has frequently Mr. DURBIN. Reclaiming the floor, I in its entirety, has been available to invoked the name of the Ponzi family, would just say, if I understand what the American people. You can find it though I am not personally familiar the Senator said, he is concerned that by Googling ‘‘Senate Democrats’’ and with them. I believe they have had in the year 2040, this program may not it will direct you to our Web site and some skeletons in their closet by vir- work as effectively as we had hoped it you can click on this bill, H.R. 3590, tue of the references that have been would work. I trust in the wisdom of and read it, page after page—all 2,074 made. But I will tell him that what he future Members of the Senate and the pages of it. That is the way it should said about the CLASS Act is inac- House, if that is necessary, to modify be. curate. the program. There was a lot of angst and worry I know that Senator, I see, is leaving But it certainly is worthwhile for us last August in townhall meetings: the floor. I hope he does not miss out to at least reflect on what this pro- Well, are you going to get this bill on this conversation. But— gram is. It is a voluntary, self-funded sneaked by us? Are we going to get a Mr. GREGG. I was just wondering if insurance fund for long-term care for chance to read it? Everybody has a the Senator would yield for a question. American citizens. It was one of the vi- chance to read it. But then I would rec- Mr. DURBIN. I would be happy to. sions of Senator Kennedy as part of ommend to those who are searching Mr. GREGG. Is the Ponzi family from health care reform, understanding we the Internet to read health care reform Chicago? are living longer and many times need bills that if you want to find the Re- Mr. DURBIN. No, they are not. I help in our late years in life and it can publican health care reform bill, look think they are from New England—Pa- be expensive and deplete a family’s for ‘‘Senate Republicans’’ and go to triots’ fans. savings. Senator Kennedy said: Let’s their Web site and you will be able to I would like to ask the Senator from try to put together a voluntary pro- click on ‘‘health care reform bill’’ and New Hampshire, if he would yield, if he gram where you can pay in and have, you will find the Democratic health is familiar with Doug Elmendorf and in fact, long-term care insurance avail- care reform bill because, unfortu- the Congressional Budget Office and able to you, if you need it. nately, there is no Republican health the letter of November 18, 2009, to the The fact that this program is vir- care reform bill. They have not offered majority leader, HARRY REID, in rela- tually solvent for 30 straight years is one. They have had a year to prepare

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12305 it. They have had plenty of ideas they companies. I have yet to see the first quently on the Senate floor, Medicare have expressed on the floor. They have bill coming from the Republican side of Advantage is neither Medicare nor an been critical of our efforts. They have the aisle in the course of this debate advantage. offered literally hundreds of amend- that would give our families a chance I believe, and most agree, it is time ments in committee, and yet they can- against these health insurance compa- for this party to end. These private not come up with a bill. nies. health insurance companies didn’t It leads you to conclude this is not I wish to also say when I finish keep their word, didn’t keep their an easy task. It is not easy at all. It speaking, and we finish on this side of promise, and because of that we are in certainly is not easy to produce a bill the aisle, the Senator from Utah will a situation—a predicament—where we such as this one, the Democratic bill, come and speak. I understand it is the are asking other people covered by which generates, over the first 10 Medicare Advantage Program he will Medicare to subsidize the profits of years, a $130 billion Federal surplus in speak to. Now, the previous motion to these private health insurance compa- our Treasury. This bill adds more in commit by Senator MCCAIN of Arizona nies. What does it cost every Medicare terms of surplus and deficit reduction said: Send this bill back and make sure recipient in America to provide this than any bill in the history of the Sen- you take out any reference to savings subsidy and profits to these private ate. In the second 10 years, the Con- in the Medicare Advantage Program. health insurance companies under gressional Budget Office says there will That was defeated. The vote was 42 to Medicare Advantage? Ninety dollars a be another $650 billion in savings on 58. There were two Democrats who year, on average. our deficit. joined the Republicans. They needed 60 So those who are defending the Medi- So for those who argue if we pass this votes; it didn’t make it. I take it the care Advantage Program as we cur- bill we are going deeper in debt, they Senator from Utah may offer another rently know it and don’t support the ignore the Congressional Budget Office, motion to commit relative to Medicare reforms in this bill are also supporting that referee that takes a look at all the Advantage. I expect it to have the a $90 annual tax on Medicare recipi- bills and tells us that over the span of same fate, but he has his chance to ents. My fiscally conservative Repub- 20 years, we are going to reduce our argue his point of view, and he may be lican friends who run against taxes deficit by some $700 billion or $800 bil- persuasive to more Members on this every chance they have should reflect lion, just by virtue of this bill. Repub- side of the aisle. Unfortunately, al- on the fact that they are protecting a licans have been unable to produce a though we are good, close friends, and tax on Medicare recipients. That, to bill that reduces the deficit, when it I bask in his wisdom on a daily basis, me, is indefensible. comes to health care, by a penny. They he is not going to change my mind on Mr. WHITEHOUSE. Will the assist- come here and criticize what we have this issue because the Medicare Advan- ant majority leader yield? done, but they can’t produce a bill. All tage Program is a program that needs Mr. DURBIN. I am happy to yield to the great legislative minds on their to be changed. the Senator from Rhode Island. side of the aisle, and we have been Let me tell my colleagues about this Mr. WHITEHOUSE. I just wanted to waiting patiently for them to produce program. We started years ago with the ask the distinguished assistant major- a health care reform bill. They can’t or health insurance industry telling us: ity leader to yield for a question they don’t want to. Maybe they like Government cannot do a good job when through the Chair. Since the distin- the current health care system. Maybe it comes to insurance. Let us show you guished assistant majority leader was they think this is the way America how private health insurance compa- here at the time, and I am newer to should be. nies can sell a Medicare policy more this body and was not here at the time Well, many of us don’t believe that, cheaply than the government. And we when the Medicare Advantage Program and a lot of Americans don’t either. invited them to do it. was originally proposed, I wonder if the There are a lot of good parts of our sys- Over the course of the years, some of distinguished assistant majority leader tem we want to protect, but there are them did. They showed some savings, would remind us of what the promises many parts that need to be changed. and they demonstrated to us they and assertions were that were made by We need to make health care and could provide Medicare at a cost lower the private insurance industry at that health insurance more affordable for than the government. But then things time as they sought this foothold to families and individuals and busi- changed, and the health insurance get their hands on this Medicare popu- nesses. This bill does. companies kept coming back and say- lation. We just had another report from the ing: Well, we actually need more Mr. DURBIN. It was very basic, I Congressional Budget Office that said money now to provide the same bene- would say to the Senator from Rhode yes, the cost of premiums will be com- fits in Medicare that the government Island through the Chair. They just ing down for many Americans as a re- provides. said: Now, listen. When it comes to in- sult of this bill. We also understand At last count, the Medicare Advan- surance, the government never gets it that some 50 million Americans don’t tage Program costs 14 percent more to right. The bureaucrats who work for have health insurance at all. This bill provide the same Medicare benefits as the government, those Federal employ- will reach the highest level of protec- the government program. So these ees, don’t get it right. We do this for a tion for health insurance in the history leaders in the private sector who were living. We can show you how to provide of the United States. Ninety-four per- going to teach us a lesson about how to Medicare benefits and save money. So, cent of people in this country will have sell insurance ended up failing their please, would you just step aside? The the peace of mind and security of own lesson plan, and now this Medicare private health insurance companies are health insurance—a dramatic increase. Advantage Program has turned out to going to demonstrate to you how much The Republicans have been unable to be a flatout subsidy to the health in- money we can save. come up with any proposal that moves surance industry—$170 billion over 10 Initially, there were some savings; I us toward more coverage for people years. In other words, the Medicare will say that in fairness. But over the who don’t have health insurance. Program is paying more for Medicare years, they got greedy, and their greed- This bill also has many provisions to than what it has to pay so it can sub- iness led in most recent times to—I finally give consumers across America sidize health insurance companies think in 2003, if I am not mistaken, a chance to fight back when the insur- which are turning multimillion-dollar with the Medicare prescription drug ance companies say no, and they do all profits and giving bonuses to their program, when they came in and these the time. People who need critical sur- CEOs. same private health insurance compa- gical procedures and medicines, people Some on the other side of the aisle nies said: Now we really need subsidies who need the kind of care their doctors think we need to preserve this; that we to keep offering our wonderful pro- recommend end up fighting with the need to preserve this subsidy, make grams, now they tell us they are charg- clerk at an insurance company. This sure we protect the profits of the ing 14 percent more than basic Medi- bill, the Democratic health care reform health insurance companies, and we care. bill, gives these families a fighting need to protect Medicare Advantage. The PRESIDING OFFICER. The Sen- chance against these health insurance Well, as Senator DODD has said so fre- ator from Illinois has used 15 minutes.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12306 CONGRESSIONAL RECORD — SENATE December 3, 2009 Mr. DURBIN. Mr. President, I ask reaucrats to keep people from buying believe it is a motion to commit. I unanimous consent for 5 additional policies if they are sick—a preexisting yield the floor. minutes. condition—and then they hire a second The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there group of bureaucrats on the other end ator from Utah is recognized. objection? to make sure those people who submit Mr. HATCH. Mr. President, I thank Without objection, it is so ordered. bills for their health care, their claims, my friend and colleague who has been Mr. BROWN. Mr. President, will the that 30 percent of them are initially de- making these extraordinary arguments Senator yield? nied. So they hire bureaucrats on both on the Senate floor. I will spend a little Mr. DURBIN. I am happy to yield. ends to restrict care, add a lot of ad- bit of time chatting about those in just Mr. BROWN. I thank Senator DURBIN ministrative costs. a minute. for his recollection and Senator Medicare, I don’t think, prohibits MOTION TO COMMIT WHITEHOUSE for his question and the people for a preexisting condition, Mr. HATCH. Mr. President, I send a comments and understanding of this. right? They don’t do anything like motion to commit with instructions to My recollection was back 10 years ago that. the desk and ask for its immediate con- when it passed it was the insurance Mr. DURBIN. No. I would say to the sideration. companies that said: We will do it 5 Senator from Ohio the difference is ob- The PRESIDING OFFICER. The percent cheaper. We will save tax- vious. With Medicare, anyone who clerk will report the motion. payers 5 percent. But as soon as they shows up age 65 is eligible for coverage, The legislative clerk read as follows: did that, as soon as President Bush was no questions asked, other than your The Senator from Utah [Mr. HATCH] moves elected in 2000, I remember they start- age and whether you have contributed to commit H.R. 3590 to the Committee on Fi- ed lobbying Congress for more insur- over the course of your lifetime. These nance with instructions to report the same ance subsidies. It sort of peaked in 2003 health insurance companies cherry- back to the Senate with changes that do not with the prescription drug deal give- pick the healthiest people they can, include cuts in payments to Medicare Advan- away where the drug companies and then try to deny coverage where they tage plans totaling ¥$120 billion. the insurance companies both got huge can as well, and that is how they make Mr. HATCH. Mr. President, I always government subsidies. They formed the their profits. enjoy my colleague from Illinois. He is doughnut hole, and seniors ended up Mr. BROWN. They are pretty good at as good a populist speaker as we have paying a lot more so the drug and in- it. in the Senate. No matter what comes surance companies could get subsidies. Mr. DURBIN. So good at it that they up, he can talk about it. Then that is when the tax was in- are one of the most profitable sectors I get a big kick out of him saying creased, that $90 tax, if I recall. in the American economy, and vir- there are not any Republican bills. Am I right about that, that origi- tually everybody knows somebody they Well, there are six of them. You can nally it was actually a good thing for work with or someone in their family get a hold of those bills. The problem taxpayers, but then during the Bush who has had a bad experience with a is, we only have 40 votes, and we know years the insurance company lobby was health insurance company in America. it. able to increase that tax on the other That is the reality we are facing today. The fact is, the more I thought about 80 or 85 percent of Medicare bene- Mr. WHITEHOUSE. Mr. President, if it, I thought to myself, where are the ficiaries, the people who were in what I could ask the Senator to yield for a printed bills that we always have on was called fee for service, who would go question, it would appear, then, that our desks? Where is the Democratic to the doctor, go to the hospital and not only is there this subsidy that goes printed bill? I am sure it is somewhere. submit to Medicare and not do it to the private insurance industry, Usually when we debate any bill on through a private insurance company? funded by a tax on all other Medicare this floor, we have the bill printed and Is that what has happened? recipients, but those private insurance put on our desks. Maybe it has been Mr. DURBIN. I would say to the Sen- companies are actually doing their printed, but it isn’t on our desks, and I ator from Ohio that is exactly what level best to try to pick out a dis- think there is a good reason for it. It is happened because what we have is that proportionately healthy Medicare-eli- 2,074 pages long. It is enough to make in order to pay for the subsidy, the pri- gible population, so what we end up you barf. vate health insurance companies that doing is not only paying more for Medi- When you stop and think about it, are selling Medicare Advantage, they care Advantage but also for a healthier why do we need 2,074 pages when 85 per- had to take the money out of the Medi- population. So it is a double subsidy. cent of persons basically like the care system, which meant less money Mr. DURBIN. Make it a triple wham- health insurance they have? The other for everybody else. It translated into my because the third impact, of course, 15 percent, if you break it down, you $90 a year more for every Medicare re- is that the healthier people are not get down to about 7 million to 15 mil- cipient to pay for the subsidy, for the part of Medicare. Those left in Medi- lion people who need our help. private health insurance companies care are sicker and more expensive, so By the time you knock off those who that are protected by Medicare Advan- the government-run program ends up work for a company that provides tage. being more expensive because those health insurance but they don’t choose Mr. BROWN. If the Senator from Illi- private health insurance companies to take it because they would rather nois would yield, so these subsidies cherry-pick out the healthiest people have the money or you take the ap- then went directly to the insurance they can find. proximately 11 million people who companies and then the insurance com- There are those who want to defend qualify for CHIP, the Child Health In- panies—they had to live under the Medicare Advantage who think it is surance Program, or Medicaid, but Medicare laws, of course—but these in- great that we would pay $170 billion in aren’t enrolled; or you take those who surance companies then began to in- subsidies to these companies over a 10- earn over $75,000 a year and just won’t sure generally some healthier people so year period of time. This bill moves us buy it but can afford it, or you take they could make more money, right? away from that and says if these pri- those undocumented workers or others Mr. DURBIN. That is right. vate health insurance companies can’t who are legal aliens who for some rea- Mr. BROWN. In those days, the insur- basically compete and match what gov- son do not have coverage, you get down ance companies—Senator WHITEHOUSE ernment Medicare offers, then it is to about 15 million people, at most. We has talked often about this, as has Sen- time for them to get out of the busi- can subsidize them, and we wouldn’t ator HARKIN who is standing here now ness and get out of the way. I don’t see have to throw our whole system out too—that the insurance companies’ why in the world we are arguing about into the trash can—a system that 85 business model has been to hire a lot of a subsidy for private health insurance percent of the American people basi- bureaucrats. They say they are more companies when they already make so cally thinks is working relatively well efficient than Medicare, but surely much money. for them. they are not. Their administrative So I would at this point yield the It seems crazy to me. Why are we costs are 15 percent and Medicare is 5 floor. I know Senator HATCH has asked doing that? Fifty percent of the people percent. But they hire all of these bu- for an hour to speak on his motion. I in this country basically don’t pay

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12307 Federal income taxes as we sit here. He failed to mention that the program providers find it more and more chal- The upper 50 percent pay 97 percent of has given choice to every Medicare lenging to provide health services to all income taxes. The bottom 50 per- beneficiary across the country, regard- Medicare patients. And what is their cent pay about 3 or 4 percent, at the less of where they live. Medicare Ad- argument? They say it is the awful in- very most. Think about that. What are vantage saves beneficiaries’ dollars. surance companies causing these prob- we going to do—go to 60 percent so that Seniors have lower copayments, cost lems. No, it is the awful Federal Gov- one side can keep the numbers here so sharing, and deductibles through Medi- ernment causing these troubles. It is they can stay in majority control? Are care Advantage Programs. That is why the awful bureaucracy and the awful we going to get people to be more re- many lower income seniors participate Federal Government that dominates sponsible for their own health care? in the Medicare Advantage Program. all of our lives. If this bill passes, On top of it all, they want a govern- Up to 25 percent of all seniors partici- ‘‘Katy, bar the door.’’ Our lives will be ment plan. Why do they want that? pate. Why? Because it works for them. completely controlled by the Federal Medicare is the government plan. For I was on the Medicare modernization Government on one-sixth of the Amer- all intents and purposes, it is very conference committee. We came up ican economy. well-intentioned, but it has $38 trillion with it because beneficiaries living in Today, I want to focus my comments in unfunded liabilities as we sit here— rural America did not have access to on the Medicare Advantage Program. mainly because the Federal Govern- Medicare HMO plans before Medicare It has been totally distorted by my col- ment is running it. If the State govern- Advantage was created. If my friends leagues, in my opinion—I am sure not ments ran it and we had 50 State lab- will take the time to listen to my intentionally. They would never do oratories, I doubt seriously we would statement on Medicare Advantage, I that. be in this terrible fix. We are saddling believe they will find it insightful and By the way, here is the bill. This is our children and grandchildren and it will rebut most everything they are not the printed version; this is the bill. great-grandchildren with tremendous saying. It is no small bill. It is one of the larg- debt. What is their answer? We are Mr. President, the motion I just sent est I have seen in my time here. going to take $464 billion—almost $500 to the desk is to commit the Reid Mr. President, I am strongly opposed billion—out of Medicare, and we are health care bill to the Finance Com- to the deep cuts—$120 billion over 10 going to put it towards making our mittee in order to eliminate the Medi- years—that the Reid bill would impose health plan deficit neutral. care Advantage cuts of $120 billion con- on the benefits of almost 11 million They have used every accounting and tained in this legislation. Medicare beneficiaries, Medicare bene- budgetary gimmick they can to get I know I mentioned this point over ficiaries who currently are enrolled in this plan below $1 trillion, because and over again, but it bears repeating. the Medicare Advantage Program. they charge taxes from the day it is Throughout the health care debate, we While they knock Medicare Advan- passed, but the plan is not imple- have heard the President say he is not tage, they are pushing people toward mented for 4 years—until 2014. That going to mess with Medicare. Unfortu- the AARP Medigap insurance program. way, they can try to indicate to the nately, that is not the case with the AARP makes hundreds of millions and American people that they are bringing Reid bill we are currently considering. billions of dollars off senior citizens. It the cost of the bill in at under $1 tril- To be clear, the Reid bill cuts Medicare is small wonder that AARP supports lion. That is a lot of money because by $465 billion to fund a new govern- this monstrosity of a bill. It is in their today we are spending $2.4 trillion on ment program. Unfortunately, our sen- best financial interest. health care, run primarily by the Fed- iors and the disabled will suffer the As we consider the serious threat eral Government—two-thirds of which consequences as a result of these reduc- these cuts pose to seniors, I want to is run by the Federal Government. I tions. point out that during the Finance might add that there are estimates Throughout my Senate service, I Committee markup this fall, we saw that $1.2 trillion of that $2.4 trillion is have fought to strengthen, preserve, Senator BILL NELSON from Florida, and wasted money. Yet we are going to add and protect Medicare. I think most Re- other Democrats, work to partially another $2.5 trillion, which is what this publicans have, in spite of what my mitigate the impact of the bill’s Medi- bill really costs if you extrapolate it colleagues say on the other side. Unless care Advantage funding cuts. This ef- out over 10 years and not just from 2014 we are pouring money down the drain, fort, while taking very small steps, to 2020. We are going to spend another they do not believe we are doing any- clearly demonstrated that a number of $2.5 trillion, if you extrapolate it out. thing. Medicare is already in trouble our Democratic colleagues recognize No wonder the American people are so today. The program faces serious chal- the value offered by Medicare Advan- up in arms. They ought to be. We are lenges in the future. The Medicare tage plans and the danger of enacting going to be spending $5 trillion on trust fund will be insolvent by 2017. the deep cuts proposed by the pending health care if my friends are successful The program has more than $37 trillion bill. Unfortunately, only a limited in what they are doing. They know we in unfunded liability. The Reid bill will number of States would benefit from have 40 votes, at most. make this situation much worse. the Nelson amendment, so most Medi- I have been here a long time. Senator Look at the cuts to Medicare. Hos- care Advantage beneficiaries are not LUGAR and I are the most senior Re- pitals, cut $134.7 billion in this bill. protected from the cuts. But they rec- publicans on the floor of the Senate. Where are they going to get that ognize how important this program is. We came at the same time. I have to money? How are we going to keep hos- I also recall that 6 years ago, when say that, having been here all these pitals going in the future? Hospices, Congress enacted the Medicare Mod- years, we have never really had a fis- cut $7.7 billion. Nursing homes, cut ernization Act, we intentionally pro- cally conservative majority in the Sen- $14.6 billion. I have been to all kinds of vided new funding to stabilize the ate, except through great Presidential nursing homes in this country, and Medicare health plan program. This leadership—Reagan, Bush 1, even Presi- they have a rough time. We are going was one of the few issues on which dent Clinton on occasion, and Bush 2. to take over $14 billion from nursing there was strong bipartisan agreement We have always had enough liberals on homes, and they are critical to our sen- during the 2003 Medicare debate. I was our side to go with the liberal Demo- ior citizens. For Medicare Advantage, here. I was on the conference com- crats so we have never really had a fis- $120 billion is coming out of the pro- mittee. I happened to bring about that cally conservative majority. It would gram. Home health agencies, $4.1 bil- Medicare Modernization Act. In fact, in take 60 votes to get this country under lion. So there is $135 billion from hos- June 2003, several of our colleagues, in- control, from a spending standpoint. pitals, $120 billion from Medicare Ad- cluding the Senator from New York I appreciate the comments of my vantage, about $15 billion from nursing and Senator KERRY from Massachu- friend from Illinois about Medicare Ad- homes, more than $40 billion from setts—great Democrats—offered a bi- vantage, but he is just plain wrong. home health care agencies, and close to partisan amendment on the Senate Medicare Advantage has made a tre- $8 billion from hospice providers. floor to provide additional funding for mendous difference in the lives of al- These cuts will threaten bene- benefits under the Medicare Advantage most 11 million Medicare beneficiaries. ficiaries’ access to care as Medicare Program. Why would they do that if it

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12308 CONGRESSIONAL RECORD — SENATE December 3, 2009 is such a lousy program? Now, all of a Medicare Advantage. Because of the this bill, and it is going to take some sudden, it is a lousy program because gaps in traditional Medicare, it is in- time, believe me. they want the money to be used for a cumbent for most beneficiaries to buy I have heard several Members from massive, new government-run program. a Medigap policy which wraps around the other side of the aisle characterize Back then, they wanted additional the Medicare benefit. Guess who pro- the Medicare Advantage Program as a money for Medicare Advantage, recog- vides these Medicare policies, among giveaway to the insurance industry. nizing how important the program was. others, but really in a big way. Why, Let me say a few words about the cre- Later that year, as the Medicare con- the AARP. ation of Medicare Advantage. ference committee completed its delib- On average, these policies cost a cou- I served, as I said, as a member of the erations, a bipartisan group of 18 Sen- ple hundred dollars a month. In com- House-Senate conference committee ators signed a letter urging the con- parison, the average monthly premium which wrote the Medicare Moderniza- ferees to provide a meaningful increase in a Medicare Advantage plan is $54 in tion Act of 2003. So did the distin- in Medicare Advantage funding. This 2009. These plans also fill in the cov- guished Senator from Montana, Mr. letter was signed by a diverse group of erage gaps of Medicare. BAUCUS. Among other things, this law colleagues, including Democratic Sen- Moreover, almost half of all Medicare created the Medicare Advantage Pro- ators such as DIANNE FEINSTEIN from Advantage beneficiaries are in plans gram. When conference committee California, CHRISTOPHER DODD from that charge no monthly premium. Let members were negotiating the con- Connecticut, RON WYDEN from Oregon, me say that again. If you have to buy ference report, several of us insisted FRANK LAUTENBERG from New Jersey, a Medigap policy for traditional fee- that the Medicare Advantage Program PATTY MURRAY from Washington, for-service Medicare, you will have to was necessary in order to provide ARLEN SPECTER from Pennsylvania, buy a policy that costs a few hundred health care coverage choices to Medi- MARY LANDRIEU from Louisiana, and dollars a month compared to Medicare care beneficiaries. MARIA CANTWELL, just to mention a Advantage plans which cost bene- At that time, there were many parts few. It was bipartisan. They recognized ficiaries on average $54 a month in 2009. of the country where Medicare bene- how important this program was, and This is why several studies have shown ficiaries did not have adequate choices they recognized we were trying to solve that Medicare Advantage is one of the in coverage. In fact, the only choice of- major problems for people, especially most popular choices for the low-in- fered to them was traditional fee-for- in rural areas. come elderly because they do not have service Medicare, a one-size-fits-all I think it would be worthwhile to re- to buy a Medigap policy. government-run health program, which flect back on the 2003 debate and re- This week we have had Members on I might add, did not work well. By cre- member the reasons this issue inspired the other side of the aisle claim that ating the Medicare Advantage Pro- such strong bipartisan consensus. You Medicare Advantage is not part of gram, we provided beneficiaries with don’t hear it at all from that side at Medicare. That is how far they have choice in coverage and then empowered all—after the program has proven its gone to distort the record. Again, I them to make their own health care efficacy and that it works. We sup- hope nobody was doing that inten- decisions as opposed to the Federal ported the Medicare Advantage plan 6 tionally and that it is a lack of knowl- Government. We gave them the em- years ago. It was the right thing to do edge about the Medicare program. Keep powerment to make their own deci- for beneficiaries. The same logic holds in mind, we have Members on the other sions. That is unique around here. true today. side of the aisle who claim Medicare There will not be any empowerment if We owe it to the beneficiaries to pro- Advantage is not part of Medicare. It is this bill passes. In fact, there are al- vide a strong, adequately funded pro- absolutely unbelievable. I invite every most 2,000 decisions that the Secretary gram that provides them with high- Member making this claim to turn to of Health and Human Services has the quality health care choices. Every page 50 of the 2010 Medicare handbook. authority to make. You might like the Medicare beneficiary can go into Medi- It expressly says: current Health and Human Services care Advantage if they desire, under A Medicare Advantage Plan . . . is another Secretary today, but what if a good current circumstances. health coverage choice you may have as part conservative gets in that position? Of During the Finance Committee’s con- of Medicare. sideration of the Baucus health bill, I course, it is very difficult because a That argument has been not only fal- offered an amendment to protect extra good conservative would be filibus- benefits currently enjoyed by Medicare lacious but should never have been tered. Advantage beneficiaries. Unfortu- made. The bottom line is simple. If you Today every Medicare beneficiary nately, the amendment was defeated. are cutting Medicare Advantage bene- may choose from several health plans In other words, the President’s pledge fits, you are cutting Medicare. I raised because of what we did through the assuring Americans they would not this point yesterday, but I want to Medicare Modernization Act of 2003. We lose their benefits was not met by ei- raise it again. should have learned our lessons from Yesterday the distinguished Senator ther the Finance Committee bill or the legislative changes made in the Bal- from Connecticut, my friend Senator Reid bill currently being considered by anced Budget Act of 1997 when we cut the Senate. DODD, mentioned that the bureaucrat- payments for Medicare HMOs. These Here is how supporters of the Fi- controlled Medicare commission will plans collapsed, especially in rural nance bill justified the Medicare Ad- not cut benefits in Part A and Part B. areas, because Washington—our won- vantage reduction: They argued that Once again, my friends on the other derful people here in Washington—de- the extra benefits that would be cut, side are only telling you half the story. cided to set artificially low payment such as vision care and dental care for So much for transparency. On page rates. In fact, in Utah, all Medicare these poor people, reduced hospital 1,005 of this bill I can hardly lift, it HMOs eventually ceased operations be- deductibles, lower copayments and pre- states in plain English: cause they were operating in the red. miums, were not statutory benefits. . . . include recommendations to reduce I fear history could repeat itself if we They claim they were not statutory Medicare payments under C and D. are not careful. During the Medicare benefits offered in the Medicare fee-for- Let me translate that in English for Modernization Act conference, we fixed service program. everybody. That means the commission the problem. We increased reimburse- Therefore, those extra benefits did can cut Medicare Advantage, which is ment rates so that all Medicare bene- not count, although a quarter of the Medicare Part C, and the Medicare pre- ficiaries, regardless of where they live, Medicare beneficiaries were getting scription drug benefit which is Medi- be it in Fillmore, UT, or New York them from Medicare. But try telling care Part D. City, had choice in coverage. Again, we them that they did not count to a Making sure that we take enough did not want beneficiaries stuck with a Medicare Advantage enrollee who has time to discuss a 2,074-page bill that one-size-fits-all government plan been receiving these additional bene- will affect every American life and which, by the way, this monstrosity is. fits. every American business is the sacred Today Medicare Advantage works. I want to talk about the differences duty of every Senator in this Chamber. Every Medicare beneficiary has access between fee-for-service Medicare and We must take the time to fully discuss to a Medicare Advantage plan if they

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12309 so choose. One-quarter of them have so From Cedar City, UT: You have demonstrated the sensitivity for chosen, and it has worked amazingly Senator Hatch, I am writing you to request the elderly in our state. I hope you continue well. Close to 90 percent of Medicare your help in preserving our Medicare Advan- to take our needs as fixed income residents beneficiaries participating in the pro- tage plans from being cut. into consideration. gram are satisfied with their health My Medicare Advantage plan provides me How about this? coverage, but that could all change with benefits and savings that traditional I am greatly concerned about efforts to re- Medicare did not provide. should this health care reform legisla- duce benefits to the Medicare Advantage I like my plan very much. It allows me my plans. I am a member of the Humana plan. It tion currently being considered become choice of Doctors, Hospitals and various spe- has been working for me because of the low law. Choice in coverage has made a dif- cialists if needed. premiums, low deductibles and co-pays, ference in the lives of more than 10 I do not want to see a single national wellness and enhanced preventive benefits, million Americans nationwide. Bene- Health Care Plan. and coordinated care and disease assistance ficiaries in every State have benefitted I do not want cuts in Medicare Advantage programs. I have been unemployed for over a from Medicare Advantage. Programs. year now for several reasons, among them Let me show you some things here. Senator Hatch, when you go to Wash- my age, I am sure. I received a monthly $527 ington, DC, please do not cut our Medicare social security check as my only income. I Since this is very difficult to read on Advantage Programs. television, let me go through all these can survive only because I am living with my Vote to maintain our present system. son and family. Please do what you can. States. These charts show the number Thank you for your service. Thanks so much. of Medicare Advantage beneficiaries in Sincerely. P.S.—I speak for my husband, Here is another one: each state. too. Alabama has 181,304 people on Medi- Dear Senator, I realize times are tough, I bet. but my medicare advantage plan through care Advantage; Alaska, 462; Arizona, Here is another one: DMBA is a real blessing to me. I’d like to 329,157; Arkansas, 70,137; California, Honorable Senator Hatch: Please do not think that with all the talk of health care 1,606,193; Colorado 198,521; Connecticut, vote for any bill which would compromise change, that plans that are working now 94,181; Delaware, 6,661; the District of my Medicare Advantage plan. I am 92 years would not be abandoned, or at least replaced Columbia, 7,976. How about Florida— old, and of necessity worked until I was 87, with something as good, or better. Please 946,836, almost 1 million people on and have taken pride in being self sup- think carefully and with sincere prayer, Medicare Advantage. Good reason. It porting. I had to retire six and a half years about the consequences to old retired people works. Georgia, 176,090; Hawaii, 79,386; ago because of pancreatic cancer. Amaz- like me, before you vote on these issues. ingly, I recovered and live an active, useful Thank you. Idaho, 60,676; Illinois, 176,395; Indiana, life. My Medicare Advantage plan makes the He recommends that I pray—which I 148,174; Iowa, 63,902 people enrolled in difference between living with self respect Medicare Advantage. do—about this. and having to depend on others. Once again, Here is another one: Let’s proceed further. Kansas, 34,867 I beg of you—don’t deprive me of my self re- people enrolled in Medicare Advantage; spect. Let me keep my Medicare Advantage We like the Medicare Advantage Plan. Sen- Kentucky, 110,814; Louisiana, 151,954; plan. Sincerely. iors need to have a choice in health care, and help in keeping that program. Medicare Maine, 26,984; Maryland, 56,812; Massa- Here is another one: seems to always be cutting benefits for sen- chusetts, 199,727; Michigan, 406,124; Dear Senator, we understand our President iors. Have you talked to seniors lately? Doc- Minnesota, 284,101; Mississippi, 44,772; and Congress wants to eliminate the Medi- tors are not accepting anyone on Medicare Missouri, 195,036; Montana, 27,592; Ne- care Advantage program for the elderly. and turn them away. This is an issue that braska, 30,571; Nevada, 104,043; New We were both on Blue Cross/Blue Shield needs to be addressed in health care. Keeping Hampshire, 13,200; New Jersey, 156,607; program for several years, costing us hun- the Medicare Advantage Plan helps doctors New Mexico, 73,567; look at New York, dreds of dollars each year. Since we joined accept a patient that has Medicare. Without the Medicare Advantage program it provides 853,387; North Carolina, 251,738 people an additional supplemental plan, seniors are dental, fitness, vision, and full medical cov- in trouble with health care physicians. enrolled in Medicare Advantage who erage. The cost of this program has saved us Please don’t cause more suffering for seniors love the program; North Dakota, 7,633; hundreds of dollars. by cutting the Medicare Advantage pro- Ohio, 499,819. Gee whiz, that is a lot of Please don’t let them take this program grams. people who are satisfied with Medicare from the elderly who are on low fixed in- Here is one: comes and will cause us further problems. Advantage. Oklahoma, 84,980; Oregon, Senator, we implore you to not allow the We ask you for your support to save the one of the most liberal States in the Medicare Advantage Plan to be com- Medicare Advantage program. Union, 249,993; Pennsylvania, 864,040; promised. As seniors, on fixed incomes, my Puerto Rico, even 400,991; Rhode Island, Here is another one: husband and I find the monies, which have 65,108; South Carolina, 110,949—these Dear Senator Hatch, it has again been soared in 2009/2010 to allow us to participate are senior citizens—South Dakota, brought to my attention that the Adminis- in the Medicare Advantage Plan. Please see 8,973; Tennessee, 233,024; Texas, 532,242; tration is seriously considering cutting the that this plan will remain available to all seniors with the same coverage. Sincerely. my own State of Utah, 85,585; Vermont, funding to the Medicare Advantage program. I would like to encourage you to oppose only 3,966, but 3,000 people, 4,000 people Here is one: these funding cuts because of the negative As retired, fixed income, senior citizens we in Vermont; Virginia, 151,942; Wash- repercussions seniors and those with disabil- ington, 225,918; West Virginia, 88,027; benefit by and rely on a Medicare Advantage ities will suffer if they lose a program due to Plan. We cannot afford the premiums that Wisconsin, 243,443; and Wyoming, 3,942. insufficient funding. the Medigap insurance would cost if the Ad- These are people who benefit from [Medicare Advantage] health plans give in- vantage Plans were not available. If not for Medicare Advantage who would not dividuals the freedom to afford the care they our Advantage Plan, we would now be finan- like to lose their current health cov- need. The premiums and out-of-pocket costs cially destitute because of the cost of my erage. are allowing recipients to save money on husband’s health care these last 2 years. This choice in coverage has made a regular doctor visits as well as medication. Without our Advantage Plan, we would not These savings are essential for someone on a be able to afford yearly physical exams and difference in the lives of more than al- low fixed income like many of the individ- most 11 million people, 11 million indi- preventive care. We also benefit from the uals who participate in the program. Silver Sneakers exercise program as part of viduals nationwide and families who If Congress continues to cut the [Medicare our plan. Senator Hatch, we urge you in any Advantage] program, beneficiaries will not benefit from this program. The extra new health care plan, to: Keep Medicare Ad- only be forced to pay higher premiums and benefits I mentioned earlier are being vantage Plans available; provide no govern- higher out of pocket costs but will also lose portrayed as gym memberships as op- ment option/single payer; give no health care the unique benefits that the [Medicare Ad- posed to lower premiums, copayments, for illegals; fix the existing health system vantage] health plans offer, such as disease before adopting something new. and deductibles. management and preventive care, which re- Let me read some letters from my duce their daily discomforts and help them Here is another one: constituents. These are real lives being avoid unnecessary hospital visits. Medicare Advantage Plans work great. affected by the cuts contemplated in What about this one? Please don’t let President Obama take them from us. this bill. You should see some of the As a retired voter in your state, I would beautiful handwriting. Some of it is ask you to please do all that you can to Here is another one: very shaky but beautiful, to me any- eliminate the proposed cut in Medicare Ad- We are Republicans from the State of way. vantage funds in the proposed Senate bill. Utah. Our concerns have to do with the

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12310 CONGRESSIONAL RECORD — SENATE December 3, 2009 Medicare Advantage Program as offered cur- 3 years now. I cannot begin to tell you the the Ryan White Act, I named the bill rently to senior citizens and participants in difference it has made since joining the pro- after Ryan White who died from AIDS, Medicare. Part of this plan includes our par- gram. I have not felt better health wise since with his mother sitting right in the au- ticipation in the Silver Sneakers Program joining the SilverSneakers program. My dience. I stood on the Senate floor and overall wellbeing both physically and men- which gives us the opportunity to use the named it the Ryan White Act. And the local recreation center in Roy, UT. Our cur- tally have improved. I go to the gym 3 times rent Medicare Advantage Program covers a week. I look forward to this physical activ- Orphan Drug Act, the Americans with the cost of the Silver Sneakers Program. ity. I feel physically better and my joints Disabilities Act, the Hatch-Waxman Daily use of the Roy Recreation Center and body are in better shape than ever. I feel Act, which created the modern generic would be prohibitive to us if we had to carry I have improved my immune system and go drug industry. These are just a few of the burden of the cost of this program. Thus, to the doctor less than when I did not par- the success stories. I could go through we encourage you to keep in mind these con- ticipate in this program. I am retired with a many, many others. cerns as any health plan is proposed in Con- fixed income and it would be difficult for me If the Senate passes this bill in its gress over the next few months. Thank you to have to pay for a gym membership if this current form with a razor-thin margin for your consideration in this matter. Please program were to be eliminated. So I ask you to please consider keeping this program. of 60 votes or thereabouts, this will be- let us know your position in this matter. come one more example of the arro- Look, the SilverSneakers Program is How about this one? gance of power being exerted since the a prevention and wellness program, and I would like you to support the medicare Democrats secured a 60-vote majority almost all of us—if we are really hon- advantage system and vote against any cuts in the Senate and took over the House est about it—would admit that if we to the advantage system. I am a member of and the White House. the Humana Advantage program and very could get our seniors out there walking I dream someday of having the Re- happy with the program. They provide addi- and exercising and doing the things publicans having 60 votes. I tell you tional benefits over Medicare with no addi- that will help them to stay vibrant, tional cost, which is a direct financial advan- one thing, I think we would finally alert, and physically well, it would have the total responsibility to get this tage to seniors. save us billions of dollars. It is a very Let me just read one more. I have so country under control, and I believe we well-thought-out program, but it is a would be successful. There are essen- many of these I could go on for hours, small part of Medicare Advantage. I but let me just read one more. tially no checks or balances found in thought I would cover it since it has Washington today, just an arrogance of I’m very concerned about the President’s been so maligned by some. If you read power with one party ramming through determination to do away with ‘‘Medicare at least the HELP bill, there are a lot unpopular and devastating proposals Advantage.’’ My coverage is with DMBA, of provisions on wellness and preven- which is a nonprofit. It is my understanding one after the other. tion. Let me talk now about other nega- DMBA actually pays some medical expenses Well, in conclusion, I cannot support over and above what Medicare authorizes. In tive impacts of this bill, at a time addition, they administer the whole plan, any bill that would jeopardize health when we are in a terrible recession, which means I don’t have to deal with Medi- care coverage for Medicare bene- with the current unemployment rate at care directly. I feel that the amount of pre- ficiaries, and I surely believe if the bill 10.2 percent. And if you take away mium I pay to DMBA is worth these benefits. before the Senate becomes law, Medi- some of the part-time and some of the I’m willing to bet that Medicare costs will care beneficiaries’ health care coverage other statistics, we are at an effective increase, if they have to start spending time could be in serious trouble. dealing with seniors who currently have this 17 percent unemployment rate. I have been in the Senate for over 30 The Reid bill is a job killer. It has a kind of third party intervention. If there are years. I pride myself on being bipar- really 10 million seniors who have ‘‘Medicare disproportionate impact on small busi- tisan. I have coauthored many bipar- nesses. This 2,046-page bill contains Advantage,’’ how can any of the members of tisan health care bills since I first Congress vote to eliminate it? Thanks, so nearly one-half trillion dollars in new much, for your time and efforts. joined the Senate in 1977. As much as taxes, fees, and penalties that will dis- anyone in this Chamber, I want a Well, I think that last letter kind of proportionately affect small busi- health reform bill to be enacted this sums it up. How can anybody vote to nesses, which are the job-creating en- year. Every Republican does. But we do away with the Medicare Advantage gine and the lifeblood of our economy. want it to be bipartisan. We want it to Program? Seventy percent of all jobs are created be something both sides can support, Just to be clear, the SilverSneakers by the small business sector, and actu- such as the CHIP bill, which had a huge Program—which has been much ma- ally more if you really look at it. bipartisan vote. This is one-sixth of the ligned by the other side, who helped to According to a recent National Fed- American economy. If it doesn’t get 75 enact the program, and who talk about eration of Independent Businesses Sur- to 80 votes, it is a lousy bill. I want it prevention and care all the time—is vey, at least 50 percent of small busi- to be done right. History has shown if one that has made a difference in the nesses pay taxes at the individual level it is done right, it needs to be a bipar- lives of many seniors because it en- through owners that report income of tisan bill that passes the Senate with a courages them to get out of their more than $200,000 and will be hit hard- minimum of 75 to 80 votes. homes and remain active. It has been est under the Democratic tax-and- We did it on the CHIP bill and on spend plan with their mandate—their helpful to those with serious weight Hatch-Waxman. We did it on a whole issues and valuable to women suffering job-killing employer mandate—in this raft of bills in which I have been a bill. This is small business. This is not with osteoporosis and joint problems. major player. There has never been a In fact, I have received several hun- the large corporate world. It is small bill of this magnitude affecting so business where most of the jobs are dred letters telling me how much Medi- many American lives that has passed care Advantage beneficiaries appre- generated. Every dollar lost to new this Chamber on an almost straight taxes on these businesses will be a dol- ciate the program. I would like to read party-line vote, or maybe just a a couple of those letters at this time, if lar taken away from job creation. straight party-line vote. The Reid bill includes a job-killing I can. I will just read a few of them be- The Senate is not the House. This employer mandate. More specifically, cause there are many letters. body has a different constitutional it contains a $28 billion new tax pen- I recently have suffered from a heart at- mandate than the House. We are the alty on employers for failing to provide tack and now receive treatment as a member deliberative body. We are the body that of the Silver Sneakers. Being a part of the coverage. Economists and CBO both Silver Sneakers has helped my life im- has, in the past—and should today— agree that this will hurt employee mensely. The treatment I receive at the Sil- worked through these difficult issues wages and job creation. That is econo- ver Sneakers has readily increased my qual- to find clear consensus. True biparti- mists and CBO—the Congressional ity of life after my heart attack. I hope the sanship is what is needed. In the past, Budget Office. According to the Con- funding for Silver Sneakers is not cut. the Senate has approved many bipar- gressional Budget Office, although this Well, that is Medicare Advantage. tisan health care bills that have even- new tax is levied on the employers, it Here is the last I will read on the list. tually been signed into law. I men- is the ‘‘workers in those firms who I would like to express to you the need for tioned a few: the Balanced Budget Act would ultimately bear the burden of the SilverSneakers program to continue. I of 1997 which included the CHIP pro- those fees’’ in the form of reduced com- have participated in this program for about gram—that was a Hatch-Kennedy bill— pensation.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12311 The Center on Budget and Policy Pri- The National Association of Manu- not the right approach. That is what orities has stated that the employer facturers: this bill is bound to foist on us. mandate will have a disproportionate NAM says Congress is Taking Health Care Unfortunately, the path we are tak- impact on hiring practices for low- and Reform in the Wrong Direction. ing in Washington right now is to sim- moderate-income families. This is the The Independent Electrical Contrac- ply spend another $2.5 trillion of tax- most important segment in need of tors sent a letter of opposition to every payer money to further expand the role help. Senator. of the Federal Government. I do not The Reid bill increases the Medicare The International Franchise Associa- know many people who believe that is payroll tax. In fact, it imposes a $54 tion: what we should do. I wish the majority billion payroll tax increase at a time Franchise Businesses Oppose Senate would take a step back, put their arro- when we as a nation are struggling Healthcare Reform Efforts. gance of power in check, and truly with an unemployment rate of 10.2 per- There is a better way to handle work on a real bipartisan bill that all cent and an underemployment rate health care reform. For months, I have of us can support, or at least a good that I have been speaking about of 17.5 been pushing for a fiscally responsible percentage of us can support—not just percent. and step-by-step proposal that recog- one or two Republicans. In addition, the Reid bill fails to nizes our current need for spending re- The first step in achieving biparti- lower premiums. Instead of lowering straint, while starting us on a path to sanship is to support my motion to skyrocketing health care premiums for sustainable health care reform. There commit this bill so Medicare Advan- small businesses across the Nation, are several areas of consensus that can tage beneficiaries may keep the bene- this $2.5 trillion bill, according to the form the basis for sustainable, fiscally fits they currently enjoy through Medi- Congressional Budget Office, will large- responsible, and bipartisan reform. We care Advantage plans. To me, it is only ly maintain the status quo of 5 percent have a lot ideas over here for reforming fair that the legislation we are cur- to 6 percent yearly increases in pre- the health insurance market for every rently considering hold true to the miums for small businesses. Why? A American by making sure no American President’s promise to the American combination of heavyhanded regula- is denied coverage simply based on a people that if they like what they have tions and a laundry list of new taxes on preexisting condition; protecting the they may keep it. everything from health plans to pre- coverage for almost 85 percent of I urge my colleagues to support my scription drugs, to medical devices Americans who already have coverage motion to commit so that promise will which, according to the Joint Com- they like by making that coverage also apply to Medicare Advantage mittee on Taxation, will simply be more affordable. This means reducing beneficiaries who have benefitted passed on to the consumers. costs by rewarding quality and coordi- greatly from what we did in a bipar- The Reid bill creates another nated care, giving families more infor- tisan way just a few years ago. I might brandnew Washington-run plan. This mation on the costs and choices of add, some of these outside groups have Washington-run plan comes at a time their coverage and treatment options, a stake in killing it because they can when families and businesses with pri- discouraging frivolous lawsuits, and make more money on senior citizens. It vate insurance are already paying as promoting prevention and wellness is not hard to see why they are behind much as $1,800 a year more in pre- measures. this great big, huge 2,074-page mon- miums, which is nothing more than a By the way, the other side is not strosity of a bill. No wonder they don’t hidden tax to make up for the under- willing to do anything on tort reform place this bill on every desk. Maybe payment by government programs such that some estimate may be costing us they will. When they do, they will as Medicare and Medicaid to health as much, in unnecessary costs, as $300 probably put two pages on one sheet so care providers. It is no secret some doc- billion a year. it will look a little bit smaller. tors are not willing to take Medicare Giving States flexibility to design But it ought to be on every desk. We patients and even Medicaid patients unique approaches to health care re- can even thumb through it while we because of the reimbursement rates, form. Utah is not New York and New are debating and while others are talk- among others things, because of the York is not Utah. ing. Think what that would do for all bureaucracy—the bureaucratic prob- As we move forward on health care of us Members of the Senate if we lems. Creating another government- reform, it is important to recognize thumbed through some of the things run program will only increase this that every State has its own unique we are doing to America. Remember, hidden tax on families and small busi- mix of demographics and each State this is one-sixth of the American econ- nesses to keep the private coverage of has developed its own unique institu- omy. We could wreck our country with their choice, and I believe it is impor- tions to address its challenges and each this bill if we pass it. By passing it, we tant for my colleagues to hear what has its own successes. I believe in 50 would turn our future 100 percent over businesses are saying about the Reid State laboratories, where the States to the Federal Government that has al- bill. may be given the money by the Federal ready put these two wonderful pro- The National Federation of Inde- Government, but they solve their own grams, Medicare and Medicaid, almost pendent Business, the premier small problems with their own demographic in bankruptcy. Those programs can be business organization in the country, needs and fitting their own demo- better, there is no question. But they says: graphic needs, rather than a one-size- are run by Washington, so naturally we The Senate Bill Fails Small Business. fits-all big Federal Government pro- are going to call on taxpayers, over and gram which is what this bill creates. The U.S. Chamber of Commerce: over again, to fund the excesses these There is an enormous reservoir of ex- bureaucracies in Washington impose on U.S. Chamber stresses disappointment pertise, experience, and field-tested re- with Senate health bill. all of us. form in the States. We should take ad- The PRESIDING OFFICER (Mr. The National Association of Whole- vantage of those experiences by placing BEGICH). The time of the Senator has saler-Distributors: States at the center of health care re- expired. Wholesaler-Distributors say ‘‘No’’ to the form efforts so they may use ap- Mr. HATCH. I yield the floor. Reid Health Bill. proaches that best reflect their needs The PRESIDING OFFICER. The Sen- The Small Business Entrepreneurship and challenges. ator from Rhode Island is recognized. Council: My home State of Utah has taken Mr. WHITEHOUSE. I know the Sen- Small Business Group Says Reid Health important and aggressive steps toward ator from Pennsylvania wishes to Bill More of the Same: More Taxes, Man- sustainable health care reform. The speak very shortly, and I will yield to dates, Big Spending and Nothing to Help current efforts to introduce a defined him when he is present on the floor. Lower Health Insurance Costs. contribution health benefit system and But I did wish to react to two points The Associated Builders and Contrac- implement the Utah health exchange that were made by the very distin- tors—great employers in this country: are laudable accomplishments. A vast guished Senator from Utah. I say that ABC Critical of Senate Democratic Health majority of Americans agree that a with true sincerity. He has been a Care Bill. one-size-fits-all Washington solution is friend to me since I have been in the

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12312 CONGRESSIONAL RECORD — SENATE December 3, 2009 Senate. He sets a very valuable stand- I don’t recall, for 8 years, President It is possible, as the distinguished ard in this institution for collegiality Bush ever being portrayed with a Hit- Senator from Utah suggests, that the and dignity and bipartisanship and ler mustache. Poor President Obama reason bipartisanship is elusive is be- scholarliness, and he comes from an ex- comes in and within his first months cause Democrats have been gripped by tremely distinguished career, prior to people are running around America the arrogance of power. But as some- his distinguished career in the Senate, portraying him with a Hitler mustache body who has been witness to intense as a lawyer, a leader of the Utah bar. because we want to reform health care. efforts to try to recruit Republican But I do think that, as easy as it is Certainly, there are a great number support for this bill, the evidence at to make fun of a 2,074-page bill, the of us who believed President Bush was least as well supports the theory that House bill, which is not significantly less than truthful when he came and something has happened to the Repub- different in scale from this bill, was re- spoke to us about Iraq and other sub- lican Party in the past months, as the viewed. If you look at the substantive jects, but nobody yelled out ‘‘You lie.’’ radicalized Republican right has language in it—in a bill, of course, In President Obama’s first appearance, emerged and taken over and provoked there is a lot of language that simply he was heckled from the floor of the all of these responses from respected, connects things into place and is tables Congress of the United States. neutral, seasoned veterans observing and indexes and things such as that. If This September, after the tea bag the political scene. I suggest that is at you look at the actual language you group and after the townhall death least a possibility. would read if you were interested in panel group had become active, 179 Re- I would like to change topics for a the substance of the bill on the House publicans in the House of Representa- moment, given that Senator CASEY is side and do a word count on it, it has tives of the Congress of the United not present, and make an additional fewer words than a ‘‘Harry Potter’’ States voted to support their heckler point that I believe merits mention. I novel. I don’t think it is too much to comrade. will yield as soon as he appears to have Something changed with the expect that Members of the Senate arrived. should be prepared to leaf through the radicalization of the Republican Party, Mr. HATCH. Will the Senator yield equivalent of a ‘‘Harry Potter’’ novel and I am not the only one to have no- for a second? when they are embarking on as signifi- ticed this. A very well-regarded Phila- Mr. WHITEHOUSE. I am delighted to cant an effort and endeavor as we are delphia columnist wrote recently of the yield. in reforming the health care system. I Republican right: Mr. HATCH. I would like to have a think it was about 256,000 words, if I If they can get some mileage . . . nothing few minutes to wrap up. am not mistaken. It is smaller print, else matters. Mr. WHITEHOUSE. Of course. How admittedly, than a ‘‘Harry Potter’’ The columnist went on to decry what long would the Senator wish? book because of the way in which the he called ‘‘the conservative paranoia’’ Mr. HATCH. I think I can do it in less bill is presented in its traditional for- and ‘‘lunacy’’ afoot in our national de- than 5 minutes. mat. It is very few words per page, so it bate. Mr. WHITEHOUSE. I yield 5 minutes The editor of the Manchester Journal looks big and one can make very enter- to the distinguished Senator from Utah Inquirer editorial page wrote of the taining demonstrations with it on the right now. GOP, which he called ‘‘this once great floor. When you actually get down to The PRESIDING OFFICER. The Sen- and now mostly shameful party,’’ that reading it, it is about the same as ator from Utah. it ‘‘has gone crazy,’’ that it is ‘‘more plowing through—actually less than Mr. WHITEHOUSE. Would the Sen- and more dominated by the lunatic plowing through a ‘‘Harry Potter’’ ator yield back for one moment? fringe,’’ and that it has ‘‘poisoned itself novel, and I don’t think that should be Mr. HATCH. Surely. with hate.’’ He concluded, they ‘‘no too much to expect. Mr. WHITEHOUSE. I had the oppor- longer want to govern. They want to I also suggest the reason for the lack tunity to be on the floor yesterday, and emote.’’ of current bipartisanship on this bill the time was all under agreement. My The respected Maureen Dowd of the time was concluded, and I was leaving might very well be the arrogance of New York Times, in her column eulo- the floor. The Senator from Utah had power of the Democratic majority—it gizing her friend, the late William the occasion to offer some very kind might be. But I would suggest the facts Safire, lamented the ‘‘vile and vitriol words about me. Because of the proce- might also support a different hypoth- of today’s howling pack of conservative dural posture we were in, I did not have esis. If you look back at the history of pundits.’’ the development of this bill, it began A Nobel Prize-winning economist has the chance to reply or respond at that on a very bipartisan note. It began said: time. This is the first time we have been on the floor together since then, with Senator BAUCUS’s ‘‘prepare to The takeover of the Republican Party by launch’’ program at the very beginning the irrational right is no laughing matter. when I have had the chance to have the of the year, a full-day, bipartisan effort Something unprecedented is happening here, floor, and I do want to let him know to begin to focus on the delivery sys- and it’s very bad for America. how much I value what he had to say. tem reform issues. It began with a bi- A well-regarded Washington Post I know there are very well-established partisan group negotiating in the Fi- writer with a quarter century of expe- standards of protocol here in which we nance Committee. It began with a rience covering government and poli- say nice things about each other, but I HELP Committee bill that allowed for tics, married to a Bush administration felt that what he had to say was not 161, I believe was the number, Repub- official—we are hardly talking about just protocol but was sincere and lican amendments in a very open and commentary from the leftward fringe— heartfelt, and it really does mean a lot completely bipartisan process. has noted about the House health care to me and is reciprocated on my part. Then along came August and the bill and the arguments surrounding it I think Senator HATCH brings enor- townhall meetings and the beginning of ‘‘the appalling amount of misinforma- mous, as I said earlier, dignity, erudi- the radicalization of the Republican tion being peddled by its opponents.’’ tion, principle, collegiality—many Party. We heard, out of that process, She called it a ‘‘flood of sheer factual good characteristics to the floor. He is charged buzz words such as ‘‘death pan- misstatements about the health-care a force for good in this body, and I am els,’’ ‘‘socialized medicine,’’ ‘‘benefits bill.’’ She noted that ‘‘[t]he falsehood- delighted to have him count me a for illegal immigrants,’’ ‘‘rationing of peddling began at the top’’ of the Re- friend. care’’—all these words that incite and publican Party. Her ultimate question I yield him the next 5 minutes. inflame passions but make no reasoned was this: Mr. HATCH. I thank my colleague. I case and advance no helpful alter- Are the Republican arguments against this appreciate the eloquence of my dear native. bill so weak that they have to resort to these friend. I am going to find fault with We saw those words and those argu- misrepresentations and distortions?’’ some of the things he said, but I have ments presented with a crudeness and a Even the respected head of the Mayo to say I am grateful to have the distin- venom that are frankly new to Amer- Clinic has recently described the guished Senator from Rhode Island ican politics; for example, the Presi- health care antics we have witnessed as with us. He is one of the great addi- dent portrayed with a Hitler mustache. ‘‘mud’’ and ‘‘scare tactics.’’ tions to the Senate, in my opinion, a

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12313 very good lawyer who has had tremen- Thirty-seven percent support the bill. dures because that is what they get dous experience in State government. These are not radical Americans, these paid for but won’t have an e-mail con- It is amazing to me that he is sup- are Independents. They are just tired of tact or won’t have a phone call to help porting this awful bill, this mon- the tax-and-spend policies of Wash- talk a patient through something be- strosity of a bill. But I can live with ington, DC. There are people in both cause they can’t get reimbursed. that. I have seen a lot of decent, honor- parties who are guilty of pushing for The potential value of wellness and able people be deceived by their desire those types of policies. prevention in this country is aston- on the Democratic side to continue to I have to say Democrats are much ishing. It has been underinvested in be- build the Federal Government at the better at spending Federal dollars than cause the people who are responsible expense of the States and everybody Republicans in the sense that they for making those choices really don’t else. I will say this: I really enjoy my spend a lot more of them. Democrats get the benefit of them under our colleague. I have a lot of respect for are not better in watching them either. present perverse system. him. Even a Kaiser poll, which is anything The Senator from Iowa has shown I have to take issue with his ‘‘Harry but conservative, had 59 percent of the great leadership. He is now chairman of Potter’’ comments. Just think about people in this country opposed to this the HELP Committee, but he certainly that. I like the fact that the distin- bill. chaired, through the committee delib- guished Senator from Rhode Island If I were a Democrat, I would be a lit- erations, the health and wellness por- compares this bill here to a ‘‘Harry tle concerned about the Independents. tions. It was my honor to watch him in Potter’’ novel. That is, perhaps, pretty They are not crazies. They are not peo- action and see the astonishing results appropriate because both of them are ple who are out of line. And neither are he achieved. what I consider to be works of fantasy these conservatives who are up in I yield the floor to him and ask unan- and fiction. This thing has 14 pages as arms. imous consent that at the conclusion a table of contents alone. Notice how I recently met with a number of the of the remarks of the distinguished my voice goes up as I am holding it; it tea party representatives in Utah. Senator from Iowa, the Senator from puts that much pressure on your They are fiscal conservatives. They are Pennsylvania, Mr. CASEY, be recog- speech diaphragm. I just wish it was as very concerned. I also met with rep- nized. The PRESIDING OFFICER. Without valuable and would be as valuable to resentatives of the so-called 912 Group. objection, it is so ordered. the American people as the ‘‘Harry They are more concerned with social The Senator from Iowa. Potter’’ novels have been. issues as well as economic issues. They Mr. HARKIN. Parliamentary inquiry: Let me say one last thing before I are well-intentioned, well-thought-out What rule are we under right now? How close and leave the floor. I appreciate people who are sick and tired of what is much time do we have? Are we under my colleague. I appreciate his gra- happening here in Washington. The any time constraints? ciousness in all ways. We have worked only way they can really get their The PRESIDING OFFICER. Under closely together on the Intelligence ideas heard is by raising cane about it. the previous order, the Senator con- Committee and the Judiciary Com- Frankly, I think they are right to do trols the time until 8 p.m., approxi- mittee and in many other ways. I think so. mately 15 minutes. We all better stop and take a look at he is one of the great additions to the Mr. HARKIN. Mr. President, first I these things and see if we can, as hon- Senate. In spite of his dogged deter- wish to thank my colleague for all the est, decent Democrats and honest, de- mination in support of this awful bill, work he did in our committee. I am cent Republicans, get together to come I still think greatly and very highly of sorry he is not still on our committee. him. up with a bill that has broad bipartisan I wish he were. But a lot of the good Let me make a few things clear to support of at least 75 to 80 Senators. I work we have in our bill is due to Sen- my Democratic colleagues. I am not a would like it to be more. But that is ator WHITEHOUSE’s involvement in the great believer that we should follow what we need to do. This current bill is development of this bill. He was a great polls at all, but I think it is interesting not the way to get there. member of our committee, and as the to see what the American people are I thank my colleague for his gracious chairman, I sure wish he would come thinking. My colleagues seem to think remarks about me. I feel exactly the back. That is all I can say. that some of these people who did the same about him. He is a good col- I say to the Senator, thank you for tea parties and some of these other league, a wonderful attorney, and a all the great work you did on this bill things are rightwing crazies. I know a great addition to the Senate. I intend and especially all the wonderful work lot of them. They are really good peo- to work with him in every way I can. I you did on getting us the public option ple. They are up in arms, and they are just think if he would just tell his side: that we had in our bill that was adopt- really upset. They are people from all We are going to sit down, we are going ed by the House but also all the great walks of life. Some of them are very to work this out, I think we would get work you did on making sure we had a far right. Some of them are far left. it done. robust prevention and wellness pro- The fact is, they are sincere. They feel The PRESIDING OFFICER. The Sen- gram in our bill. I have always said what is going to happen here is a deni- ator from Rhode Island. that the best way to bend the cost gration of the country. Mr. WHITEHOUSE. Mr. President, I curve is to keep people healthy in the Unfortunately, I feel the same way. see the distinguished Senator from first place and keep them out of the The more we rely totally on the Fed- Iowa as well as the distinguished Sen- hospital. eral Government, the worse off this ator from Pennsylvania. Whichever one So I thank my colleague for all his country will be. My colleagues love the of them would like to proceed, I am great work on the bill. Federal Government. I love it too. I prepared to yield. It looks as if it will Mr. WHITEHOUSE. Mr. President, I would love to keep it in its place. It is be the distinguished Senator from thank the chairman of the committee. much easier to control things when Iowa. Mr. HARKIN. Mr. President, I would you control them through Washington. I had the very great honor of serving like to engage my friend from Pennsyl- However, it is also a way of stifling on the HELP Committee during the vania in a little discussion on one part good ideas if you do not have the best time that the HELP Committee section of the bill that was mentioned earlier benefits of the 50 State laboratories of this bill was prepared. One of the today but really has not received much that our Federalist system actually most vital and important elements of attention. I think there are some mis- provides. this bill is its new focus on wellness conceptions about what it does. It is I noticed in a recent Gallup poll, 53 and prevention to help Americans stay called the CLASS Act. percent of the Independents are op- healthy so that it truly is health care Basically, the CLASS Act is a bill posed to this bill. Gallup has been poll- and not just sick care, so that the med- that was championed by Senator Ken- ing for years, is it not Republican or ical establishment is not incented to nedy for many years. It has its genesis Democratic. These are Independents. add more and more tests and proce- in the kind of convoluted system we

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12314 CONGRESSIONAL RECORD — SENATE December 3, 2009 have now in how we provide for people nities. They do not want to have to go daily assistance to maintain their jobs who become disabled. to a nursing home. and their independence. So we are talk- Either through their work, through The CLASS Act would provide money ing about a program which allows them an accident, through illness, or what- for assisted transportation, in-home to continue working with a disability. ever, people become disabled. As you meals, help with household chores, pro- It allows them to overcome or sur- know, we have a portion of that under fessional help getting ready for work, mount the barrier that is in front of the Social Security system, disability adult daycare, professional personal them. Why would anyone not want to insurance. But, in fact, it does not take care. Now, will it pay for all those support this kind of a program, just in care of any kind of long-term care. So things? No, it will not pay for all those that brief description? But it is a lot Senator Kennedy, for many years, things, but it will give you enough of a more than that. It is about the dignity championed the idea of giving people basic support so that, coupled with of work. It is about having independ- the ability to set aside some money other things, you would be able to stay ence, the ability to continue to work during their working years that would at home and maybe even go to work. even with a disability. But it is also a be sort of like Social Security. It would You may be disabled, but you may not very strong program for other reasons vest, and then, if, God forbid, they be- be so disabled you cannot do some as well. came disabled, they would then have a work; therefore, you need a little bit of One is, as Senator HARKIN said so certain monthly income that would en- help at home to get out in the morning well—and Senator Kennedy led us on able them to live in their own homes, and go to work or maybe you just need this program for many years, advo- live in their own communities, and to some personal assistance care that cating for this approach—one impor- ease some of the burdens of their dis- would enable you to stay in your own tant feature of this, as Senator HARKIN ability. home rather than going to a nursing says, is it is voluntary. It is a vol- Before he passed away, Senator Ken- home. untary, self-funded—self-funded—insur- nedy talked to all of us on the com- So that is why this amendment is so ance program with enrollment for peo- mittee about his dream and his hope important. It is voluntary, long over- ple who are currently employed. So we that we would have this incorporated due. I think it will begin to give people are talking about enabling and helping in our health reform bill. the peace of mind of knowing if they people to work and maintain their dig- Well, we did this in the HELP Com- pay into this system, after it vests— nity and contribute to our economy. mittee. We brought it forward. We had after 5 years of vesting—they will then That is what we are talking about it scored. We know exactly how it oper- be able to access this program in case here. We are not talking about some ates. As we will make clear, I am sure, they get disabled. government program we are going to in our colloquy, it is a program that Mr. President, I see my colleague and create that no one knows what the re- can be paid for. It is voluntary, as we my friend from Pennsylvania is on the sults will be. We know exactly what said. It will stand on its own two feet. floor, a strong supporter of the CLASS this will do for millions of Americans. It is not another entitlement program, Act and what we are trying to do here Let me make a couple of points be- as I heard someone say here earlier in terms of giving people the ability to fore I turn again to our chairman, Sen- today. In fact, it has to be self-financ- maintain themselves if, God forbid, ator HARKIN. ing by the premiums people pay in dur- they should become disabled. I will be First of all, there have been a lot of ing their working years. It is an afford- delighted to yield whatever time he arguments made on the other side that able, long-term care program. Again, it needs to the Senator from Pennsyl- we do not need this. Boy, I have not will allow families to plan for any pos- vania and engage in any colloquies he heard an alternative, which is true in a sibility of a chronic illness, without would like. lot of the debates in the last couple of having the fear of being put in a nurs- The PRESIDING OFFICER (Mr. BEN- days. We hear a lot of criticism and cri- ing home. As I said, it is voluntary. NET). The Senator from Pennsylvania. tiques, some of them grossly inac- The CBO gave us a scoring on this Mr. CASEY. Mr. President, I thank curate. But I am still waiting—still that it was actuarially sound for 75 my colleague and friend, Senator HAR- waiting—to hear an alternative, an- years—actuarially sound for 75 years. KIN, who is now the chairman of the other idea. We do not hear much about What that means is that the premiums Health, Education, Labor, and Pen- that. paid in and the benefits paid out will be sions Committee, taking over for Sen- But the other side made a lot of kept in proper alignment. It will be ator Kennedy. I know he feels an obli- points about cost and the budget and fully solvent. gation not only to get this health care how you pay for programs such as this. Quite frankly, Mr. GREGG, the Sen- bill passed, but he also feels an obliga- Well, let’s just turn to the first chart ator from New Hampshire, on our com- tion to the American people, as I think on my left. mittee, basically talked about this, and most people in this Chamber do, when Medicaid pays for a majority of long- here is what he said: it comes to health care. In particular, term care in the United States of I offered an amendment, which was ulti- I commend Senator HARKIN for his America. For long-term care, 40 per- mately accepted, that would require the great support for this legislation over a cent of it is paid for by Medicaid. A lot CLASS Act premiums to be based on a 75- long period of time, and in particular of people think of the Medicaid Pro- year actuarial analysis of the program’s for the CLASS Act. gram, which I guess covers about 60 costs. My amendment ensures that instead of One of the best moments in our delib- million Americans, roughly. We should promising more than we can deliver, the pro- gram will be fiscally solvent and we won’t be erations this summer was when Sen- think about long-term care. People do passing the buck—or really, passing the ator HARKIN told a story about a rel- not often think about Medicaid as debt—to future generations. I’m pleased the ative of his. In a few moments, if he being connected directly to long-term HELP Committee unanimously accepted this would tell that story, it brought home care for older citizens, those who amendment. to me how important this program is fought our wars, who worked in our Well, we did, and that is why I make and how it relates to the American factories, who raised our families, who the point that this is not another enti- people and what they do not have now, gave us life and love, and all they ask tlement program, as was said here ear- especially those Americans with dis- for in the twilight years of their lives lier today. abilities. is a little help with their health care. Even better, the CBO believes the When I step back and look at this Plenty of them are given skilled care CLASS Act will save Medicaid $1.4 bil- program, a couple of things come to in nursing homes, and for many of lion in the first 4 years alone—$1.4 bil- mind—a couple of themes, really. One those who are in nursing homes, they lion in the first 4 years alone—as a re- is the word ‘‘dignity,’’ the dignity of have skilled care, and they have a good sult of families who will be paying into work. So many Americans—by one es- experience. For some, it is not so good. and then using the CLASS benefit in- timate, 5 million Americans—under the They would rather be able to stay at stead of Medicaid to similarly pay for age of 65 are living in our country who home. They would rather be able to the help they need to remain at home. have long-term care needs, and there have opportunities to be provided some That is really what people want. Peo- are over 70,000 workers with severe dis- help at home. So they want the kind of ple want to stay in their own commu- abilities in the Nation today, who need dignity I spoke about earlier. The same

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12315 is true of those who might be a lot I say to my friend from Pennsylvania of his other internal things that needed younger but who have disabilities and I think one of the biggest concerns peo- to be done, make sure he could get to want to continue working. They want ple have—they may not express it when bed. It happened every day. But be- to continue working. they are younger, but once they start cause of that, he was able to live a full Here is another way to look at this: working and they start having a family life, and he still is. Kelly is still an ac- Projected Medicaid spending on long- and they see one of their friends, a rel- tive man. But that was—gee, I am try- term services and supports is ative, someone in their neighborhood, ing to remember now. I have to think. unsustainable because if nothing is become disabled—and believe me, it That was in 1979, 30 years ago. Kelly done, Medicaid services for older citi- happens in our neighborhoods, it hap- must be about almost 50 years old now. zens in America alone will rise by 500 pens to our friends—they see that and I never thought about that. I always percent by 2045. You do not have to they wonder, Maybe but for the grace think of him as a kid. But he was able be—I am certainly not an expert on of God there go I, but what would I do to do that, and he has lived a full life. how these costs are going up, but you if something like that happened to me? He has been able to work, live by him- do not have to be an expert to know How would my family, my children self, do all kinds of wonderful things. that in the year 2000, you are at this function? Where would the money How was he able to afford this? Was level, and by the year 2045—not that far come from? his family wealthy? Not a bit, not at in the future—you are going to be over So to be able to have the peace of all. In fact, his mother died shortly at above $200 billion. So Medicaid long- mind, to know there is a program after the accident happened. My sister, term services and support spending for whereby they can put some money who had breast cancer, died at an un- those who happen to be aged 65 or aside every month, voluntarily, for 5 timely, young age. But the way Kelly older: $200 billion by 2045. So this is years, and then after that, they would was able to do all this was because he going up. This is when you do not do then be able to access money if they got injured in the military. He got in- anything to meet a health care chal- got disabled—talk about a great insur- jured while he was onboard a ship off lenge. If we want to just keep this ance program. Talk about the peace of the coast of Vietnam. So the VA paid number going up, well, listen to the mind this would provide for people. for all of this and is still paying for it— other side and just not enact any kind As I said, as we both have pointed for his personal services—so that he of a program. out, this is actuarially sound for 75 can live by himself and get out the Let me do one more chart, and then years. So it seems to me that for all of door and go to work. I have seen what I will turn to Senator HARKIN for a dis- these reasons, including the savings in cussion about this. that has done for him. Medicaid for the soundness of the pro- I thought to myself: Well, if we can We hear a lot about spending and gram, but also for the peace of mind for savings and how we are going to pay do this for veterans, what about other people who are working, to know they people in our society who, through no for health care. Well, if we want to pay now have a program, something they for a part of this health care bill—and fault of their own or through an acci- can access, that will provide them— dent or whatever, become disabled. I a big part of the challenge—we should again, I don’t want to sell this for more enact the CLASS Act because Medicaid thought about how much Kelly was than it is. This is not something that able to earn during his lifetime, the savings from this act, as you can see will make someone 100 percent whole here: $1.6 billion just over the first 4 fact that he paid taxes, had his own from their earnings. We are not trying years. We are not talking about 10 business. You know, that was a pretty to tell people that. What this will give years or 20 years or 40 years; we are darn good deal for the taxpayers of this them is up to $75 a day to help them talking about, in 4 years, you get $1.6 country. with all of the things I pointed out: billion in savings—over the first 4 In a small way, that is what we are maybe getting up, getting ready to go years of the implementation of the trying to do here. That is what we are to work; maybe it is personal attend- CLASS Act—starting in 2016. trying to do, to build a system for So this is affirmative in the sense ant services. It could be a whole host of someone who gets injured, becomes dis- that it ensures people’s dignity. It al- different things that will enable them abled, has some support mechanisms so lows people to work even with a dis- to live in their home, in their commu- they can also live a full, rich, and ability. And it is also fiscally respon- nity, and, yes, maybe even be able to happy quality life without having to go sible. And those who benefit from it are go to work every day. to a nursing home. That is what this is paying into it, and it is voluntary. No My friend from Pennsylvania referred all about. one has to do it. It is voluntary. to the story I told earlier this summer, As I said before, I say to my friend, it We have heard a lot of arguments, I and I like to tell it because I think it has so much to offer. I can’t imagine say to Senator HARKIN, but I think we illustrates what we are talking about there would be any real opposition to know from the work he did, working so here. I have a nephew, Kelly, my sis- this—voluntary, actuarially sound. It many years with Senator Kennedy on ter’s boy. Well, he is not a boy any- provides a stipend to help people if these issues and working in the com- more; he is an older man now, I guess they become disabled. mittee this summer, as one of our lead- you might say. He became disabled at a I say to my friend from Pennsylvania ers—with Senator DODD chairing the very young age, age 19, a severe para- it seems to me of all the things we hearings this summer—and now as the plegic, but he was able to go to school, have been discussing on this health re- chairman of the committee, the Sen- go to college. He was able then to live form bill so far, to me this is one of the ator has been instrumental in getting by himself in his own home. He had a most important. This is one of the not just this legislation moving for- van with a lift. He could get his wheel- most important parts of this health re- ward but especially on the CLASS Act, chair up there and punch the button form bill. We have never done it before. and I am grateful for him taking on and the doors would open and the thing It is long overdue. It will be good for this responsibility. I want to get the would come down and he would get in our families. It will be good for busi- Senator’s sense of what he hears from the van. He had use of his hands. He nesses. It will help our States because people in Iowa and his own experience could drive to work. He was able to of the cutbacks and they won’t have to with why this is so essential for the start his own small business. But every pay so much into Medicaid. American people. morning he needed a nurse to come I thank my friend from Pennsylvania Mr. HARKIN. I thank my friend and into the home, get him ready to go to for his strong support of this. I say to my colleague from Pennsylvania for work, get him up, get him going, get my friend Ted Kennedy: We are going laying out why this is so important, him out the door. Every night when he to get it done. It is going to happen. We the fact that we are actually going to came home, he would stop and do some are not going to let this bill get get savings for Medicaid from this. shopping on the way, come home to his through and go to the President with- That is helping the States. That helps own house where he lived, in his own out having this in it. It is going to be the States a lot. So we get a lot of community, among his family. His there. There is no doubt about it. We bangs for the buck, as one might say, family was close by. They would have a are going to make it work, just as the with the CLASS Act that we have in nurse every evening do his exercises Veterans’ Administration worked for this bill. with him, keep his arms strong, do all my nephew Kelly.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12316 CONGRESSIONAL RECORD — SENATE December 3, 2009 I yield back to my friend from Penn- of all of the work that was done over to live—like my nephew Kelly—in my sylvania. Actually, he asked me a ques- many years. This program, this vol- own house with my friends, in my own tion and I kind of got off a little bit untary self-funded program is one way neighborhood, Medicaid doesn’t have to there on telling my stories. to do it. Senator HARKIN has been a pay for it, and in most cases it does not Mr. CASEY. I am glad the Senator leader on this and we are grateful for pay for that. In the vast majority of told that story. For me, this summer, that leadership. cases, it doesn’t pay for that. beginning to learn about the details of Mr. HARKIN. If the Senator would So their beginning movement was in the CLASS Act, it was a way, through yield again to me, two other things. I the mid-1990s to provide for funding for the life of the Senator’s nephew, to be am glad the Senator mentioned Connie individuals with disabilities so they able to tell the story about why it was Garner who again, with Senator Ken- can live in their own homes in the com- so important. I was thinking as you nedy, has worked so many years on munity and not have to go to the nurs- were talking about the program and this, and has her own personal story to ing home. Well, that bill never—it was the CLASS Act itself and your own tell regarding this, a very poignant called MCASSA, the Medicaid Commu- personal story and why it makes so story. But I now want to thank Connie nity Attendant Support and Services much sense. for all of her wonderful work on this Act. Sitting here to my left on the floor is and shepherding this through. She is I always like telling people, I say to Connie Garner. She has worked for probably sitting over there wishing we my friend from Pennsylvania, while we years on this legislation with Senator had said this and that, because we sponsored it over in the Senate, the Kennedy. She would know better than probably forgot something she knows first sponsor of it in the House was the I, and Senator HARKIN would know bet- better than we know. But we do our Speaker at that time who had taken ter than I. Ted Kennedy not only liked best, Connie. We do our best with what over, and his name was Newt Gingrich. this and fought hard for this program, we have, anyway, to try to explain To this day, he is still supportive of but he wasn’t a guy who just liked in- this. But I thank Connie for all of her that. A few years ago, I talked to him, teresting ideas, he wanted them to great work and leadership in getting and he was still a strong supporter of work. this to this point. MCASSA. It later became the Commu- Mr. HARKIN. That is right. I wonder if I might impose upon the nity Choice Act. We could never get it Mr. CASEY. There are times we will Senator, if I might—not digress but enacted into law. be talking about the Children’s Health talk about one other part of the pic- It is a part of this health care reform Insurance Program in this legislation. ture here we are talking about, in bill in this way: It provides that if a That is a program that had its origin terms of covering people with disabil- State implements this Community in government, and there is a lot of ities. We have been talking about the Choice Act, which would allow people government involvement in that pro- CLASS Act, which is prospective. It with disabilities to live in the commu- gram. I support it and will fight to the looks ahead; it provides the mechanism nity rather than in a nursing home, it end of the Earth for it. This program, whereby middle-class families can plan will then get a bump up. It will get a 6- the CLASS Act, the program that re- for the future possibility of an illness percent increase in its Federal match sults from the CLASS Act, is different. or a disability by putting this money for Medicaid. It is a hybrid. It is in many ways a cre- away every month. We have talked As you know, now the Federal Gov- ative way to provide these kinds of about that. But one might ask the ernment provides some and the State services for people with disabilities. It question: What about those who are provides some for Medicaid. It is rough- is not a government entitlement pro- disabled now? What is happening to ly 60/40. It varies a little, but that is gram. It is a program that doesn’t con- them, the millions of Americans who roughly it, 60/40. Well, that means that fer rights or an obligation on govern- are already living with a disability? a State now that would do this would ment funding, nor does it affect the re- Well, in 1990, we passed the Americans not have to come up with its 40 per- ceipt of or eligibility for other benefits. With Disabilities Act. We began to cent; it would only have to come up It stands on its own financial feet, break down a lot of barriers in terms of with 34 percent. So it is an incentive which is the point that Senator HARKIN people with disabilities and accessing for States to begin to implement the made. Why wouldn’t we do this? daily living, accessing employment, Supreme Court decision of over 10 This wasn’t just dreamed up this transportation. But what happened was years ago that people with disabilities summer. Senator Kennedy, Senator a few court cases started interfering have a right to live in the least restric- HARKIN, Connie Garner, and plenty of with this. There was one court case in tive environment. Again, Medicaid, other folks were working on this for a particular called the Olmstead decision right now, as I said, will provide only lot of years. This is the result of years 10 years ago. It came out of Georgia. It for nursing home care. States are obli- of work, not a couple of weeks or was a case in Georgia. It went to the gated to pay for that. They must. months. So they worked on this to get Supreme Court. The Supreme Court Again, this also is a part of what the it right, and we have it right. It makes said that based upon the Americans elderly in this country are concerned sense fiscally and it makes sense in With Disabilities Act, a State had to about too. A lot of them say that if terms of the dignity of people’s work, provide the least restrictive environ- they become disabled, they don’t want the dignity of people able to stay in ment for a person with a disability. to go to a nursing home, but that is their home and be provided basic serv- Well, this was wonderful because the their only option under Medicaid. So ices. only option for many people with dis- that explains why the second biggest All of our families are affected by abilities right now is to go to a nursing priority in poll after poll for seniors in this. At some point or another, you are home. In fact, our Federal laws are ba- this bill, after strengthening Medi- going to have a loved one who wants to sically skewed toward putting people care—which we do—is changes to the work but has a disability, maybe; or in nursing homes. health care system that will allow needs long-term care services and Let me explain. Right now, about the them to get the help they need to stay doesn’t want to leave the home. Every- only support a person with a severe dis- at home rather than going to a nursing one is affected by that. There is not a ability has is through Medicaid. As you home. Member of the Senate on either side know, through Medicaid you have to Again, you might say, why is this so who isn’t going to be affected person- spend down until you become poor and important? Well, a couple of stories. ally some day by this challenge. All we then you get access to Medicaid. But Two women who brought the Olmstead are saying is we have a way to make it under our laws, Medicaid must pay for case, Lois Curtis and Elaine Wilson, a little easier for folks. As Senator you, if you are disabled, and then you when asked at a hearing what it HARKIN said, it doesn’t solve all of the qualify—they must pay for you to be in changed for them, because they were problems, but it helps provide the kind an institution or nursing home. They no longer institutionalized, both spoke of services we should have the right to must. They have to pay for you. If, of things that we kind of take for expect. however, you are a person with a dis- granted: They had new friends. They We have this figured out. Some of ability and you say: But I don’t want could meet new people. They could at- these things we can figure out because to live in a nursing home; I would like tend family celebrations. They said:

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12317 We could make Kool-Aid whenever we H.R. 3590 with debate only in order professional contacts ensured seamless wanted to. Simple things. They could until 11:30 a.m., with no amendments, sharing of vital intelligence, and the go outside and walk in the neighbor- motions to commit, or any other mo- Capitol community was well served hood. They got a little dog, and they tion, other than a motion to reconsider during his stewardship. could walk the dog in the neighbor- a vote, if applicable, in order during I understand Jeff has accepted a hood—something they could not do in this period, except those that are cur- high-ranking position at the Pentagon. the nursing home. That is another part rently pending, with the time after the On behalf of the entire Senate, I wish of the bill—very closely aligned with leader time equally divided and con- Jeff the very best in his future endeav- the CLASS Act, but it pertains to trolled between the leaders or their ors and offer him heartfelt thanks for those people with disabilities right designees, with the majority control- his service to Congress and the Amer- now. ling the first portion of time. ican people. We know, again, from data and sta- The PRESIDING OFFICER. Without f tistics we have that by paying for per- objection, it is so ordered. HONORING OUR ARMED FORCES sonal care services and home care serv- f ices—and you might say that is really PRIVATE FIRST CLASS KIMBLE A. HAN MORNING BUSINESS expensive. But we know from data that Mr. HATCH. Mr. President, I rise we get three for one. In other words, Mr. CASEY. Mr. President, I ask today to pay tribute to PFC Kimble A. for every one person in a nursing home, unanimous consent that the Senate Han who made the ultimate sacrifice for what that costs, we can provide proceed to a period for the transaction for his country on October 23, 2009, in community and home-based services of morning business, with Senators Afghanistan. According to initial re- for three people. That is three people permitted to speak therein for up to 10 ports, Private First Class Han died of for every one in a nursing home. So in minutes each. injuries sustained when an improvised a way, yes, it costs money, but for The PRESIDING OFFICER. Without explosive device detonated near his ve- every person we get out of a nursing objection, it is so ordered. hicle. home, we can pay for three living in f Private First Class Han was assigned to the 569th Engineer Company, 4th En- the community. Again, that is not to TRIBUTE TO JEFFERY D. RUPERT mention the kind of quality of life I gineer Battalion, Fort Carson, CO. just mentioned. Mr. REID. Mr. President, I rise today Private First Class Han enlisted in This bill for the first time creates the to recognize the work of Jeffery D. Ru- the Army in January of 2008 and by De- community first choice option, which pert, who served as executive assistant cember was assigned to the combat en- gives States an extra share of Federal to the U.S. Capitol Police Board from gineers. He exhibited an astounding money—6 percent—if they agree to pro- August 2003 to December 2009. sense of devotion to duty in service to vide personal care and services to all Pursuant to Public Law 108–7, section our great Nation. He received numer- eligible people in their State—I mean 1014(c) Congress established the posi- ous recognitions, medals and ribbons those eligible for institutional care. If tion to act as a central point for com- for his service, including the National they provide that to them, then they munications and enhance the Police Defense Service Medal, the Afghani- get a bump up. And only by making Board’s work. In his capacity as the stan Campaign Medal with Campaign personal care services available on an first executive assistant to the board, Star, the Global War on Terrorism equal basis to all those eligible can we Mr. Rupert built the job from the Service Medal, Army Service Ribbon, satisfy the promise of the Americans ground up, developing policies, initi- Overseas Service Ribbon and Combat with Disabilities Act and really meet ating procedures, and establishing an Action Badge. As a result of his heroic the Supreme Court mandate in the archival system which will serve as a service, Private First Class Han was Olmstead decision. historic chronicle of board security de- posthumously promoted to specialist. I say to my friend from Pennsyl- cisions. The selfless courage Kimble displayed vania, there are two aspects of the bill. Mr. Rupert contributed greatly to in the service to our country will not One is the CLASS Act, which looks the safety and security of the Capitol be forgotten. We are forever in his ahead and provides that peace of mind Complex during his tenure, which in- debt. that people know they can have that cluded board support for two Presi- Mr. President, let us not forgot the access. Then we provide for people with dential inaugurations, two dozen joint sacrifice of PFC Kimble A. Han. I am disabilities who are living out there, sessions of Congress, and other major filled with deep gratitude for his serv- fearful that the only thing that will special events and demonstrations. ice and pray for his family and friends happen to them is they will have to go Additionally, Mr. Rupert’s regular throughout this difficult time. I know to a nursing home. Now we are going to daily duties enhanced the overall effec- that I am joined by all my colleagues say to States: You provide community- tiveness and efficiency of the board’s in the Senate in mourning the loss of and home-based services, and we will oversight activities. Whether he was PFC Kimble A. Han, our Nation’s pro- give you more money to do so through coordinating a meeting or writing legal tector and hero. your Medicaid Program. Hopefully, analysis, Mr. Rupert paid great atten- SERGEANT JAMES MICHAEL NOLEN with that, the States will begin to tion to detail. Mr. President, I rise today to pay move more rapidly to fulfill the man- His more than 6 years of work were tribute to SGT James Michael Nolen date of that Supreme Court decision. critical in supporting preparations for who was killed in the line of duty on I thank my friend for yielding me potential terrorist attacks and in- November 23, 2009, in Zabul, Afghani- this time to explain that. cluded a vast span of expertise in law stan. Sergeant Nolen sustained fatal Mr. CASEY. Mr. President, I yield enforcement, safety, and security wounds when enemy forces attacked the floor and suggest the absence of a issues. He served the USCP and the his vehicle with an improvised explo- quorum. Capitol Police Board honorably in the sive device. The PRESIDING OFFICER. The aftermath of the ricin attacks. SGT James Nolen served with the clerk will call the roll. Mr. Rupert served as a liaison with 2nd Battalion, 508th Parachute Infan- The bill clerk proceeded to call the other congressional and executive try Regiment, 4th Brigade Combat roll. branch entities to include the Depart- Team, 82nd Airborne Division, Fort Mr. CASEY. Mr. President, I ask ment of Homeland Security, the Fed- Bragg, NC. unanimous consent that the order for eral Bureau of Investigation, the Cen- Sergeant Nolen truly exemplified the the quorum call be rescinded. tral Intelligence Agency, the Depart- qualities of a dedicated soldier and The PRESIDING OFFICER. Without ment of Defense, and many other agen- hero. A fellow paratrooper conveyed objection, it is so ordered. cies. As a liaison, Mr. Rupert provided that ‘‘Sergeant Nolen was a true sol- Mr. CASEY. Mr. President, I ask information concerning national level dier. Nothing could take away from his unanimous consent that on Friday, De- issues including continuity of govern- warm personality. His caring smile and cember 4, after any leader remarks, the ment and continuity of operations for willingness to help others were his Senate then resume consideration of the U.S. Congress. His personal and most identifiable features.’’

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12318 CONGRESSIONAL RECORD — SENATE December 3, 2009 James exhibited an astounding sense look at the details of Judge Nguyen’s the world’s problem-solvers. They will of devotion and duty to our great Na- life as a truly great and quintessential help us to solve the challenges of clean tion. He received numerous recogni- American story. Born in Da Lat, Viet- water; lifesaving cures for cancer and tions, medals and ribbons for his serv- nam, Judge Nguyen and her family disease; clean, renewable petro-free en- ice including the Bronze Star Medal, were able to escape the approaching ergy; affordable-health care; and envi- the Purple Heart Medal, the Army North Vietnamese and Viet Cong ar- ronmental sustainability. Commendation Medal, the Army mies, departing Saigon in 1975 on a Yet, if we are to tackle these im- Achievement Medal, the Army Good crowded helicopter as gunfire could be mense challenges, we can no longer Conduct Medal, the National Defense heard in the background. The Nguyen wait to begin training our Nation’s fu- Service Medal, the Global War on Ter- family was part of the great wave of ture STEM professionals until after rorism Service Medal, the Army Serv- Vietnamese immigrants who left their they leave the K–12 education pipeline. ice Ribbon, the Overseas Service Rib- homeland to escape the Communist That is why I am so pleased that the bon, the NATO Medal, the Combat In- takeover. After stops in refugee camps Race to the Top grant application em- fantryman Badge and the Basic Para- in the Philippines and on Guam, the phasizes STEM education. This is just chutist Badge. Nguyens made their way to California, the kind of attention STEM education Mr. President, I express my deepest spending several months living in a needs. appreciation for the selfless dedication tent on the grounds of the Marine base The Race to the Top fund is designed this soldier proudly exhibited in serv- at Camp Pendleton. The Nguyens even- to reward States that have been suc- ice to our country. He courageously tually settled in La Crescenta. The cessful in raising student achievement put himself in harm’s way to defend us, judge, her siblings, and their mother and have superior plans to accelerate and for that we owe him an infinite cleaned dental offices after school and education reform. State grant applica- debt of gratitude. I offer my deepest at night, while her father studied to be tions must, of course, focus on certain condolences and prayers for James’ a computer programmer and worked in core education reform areas. However, family and friends during this difficult a gas station at night and on weekends. an emphasis on STEM education is time. I know that I am joined by all Eventually, her parents purchased a considered a competitive preference my colleagues in the Senate in mourn- doughnut shop in North Hollywood. priority worth 3 percent of a State’s ing the loss of SGT James Michael Judge Nguyen says she often did her application score. It is the only com- Nolen, our Nation’s protector and hero. homework during high school between petitive preference in the Race to the f shifts at the doughnut shop and also Top application guidelines. Applicants worked there while she was earning her NOMINATION OF JACQUELINE will earn all or none of the designated degree from Occidental College. She NGUYEN points, thereby truly rewarding sound would ultimately earn her law degree initiatives. Mr. BEGICH. Mr. President, I want to from UCLA. To meet this priority, each State comment today on the confirmation I do not know Judge Nguyen, but I must offer a rigorous course of study in earlier this week of the Honorable Jac- am impressed by her accomplishments STEM education. They are encouraged queline Nguyen to be judge on the U.S. and the drive she and her family have to collaborate with industry profes- District Court for the Central District shown in coming to this country and sionals, universities, research centers, of California. Unfortunately, I was de- embracing the opportunities the museums, and other STEM-focused layed in my return from Alaska, and I United States offers it citizens. I recog- community partners. Additionally, was unable to be here for the vote. Had nize in her story the same drive and each State must have a plan for pre- I been here, I would have proudly cast love of country that I have seen among paring and assisting teachers in inte- my vote along with the rest of my Sen- the Vietnamese-American citizens of grating STEM throughout the cur- ate colleagues to confirm this highly Alaska. The United States is a nation riculum. This includes offering applied qualified and well-respected jurist. made great in part by its diversity. I learning opportunities and relevant in- Upon her confirmation, Judge Nguyen personally take pride in serving along- struction for students. made history by becoming the first Vi- side our first African-American Presi- etnamese-American to serve as a U.S. dent, and at the same time as our first There are some successful STEM edu- district court judge in U.S. history. Vietnamese-American Federal judge. cation programs already in operation I applaud the judge’s unanimous con- Still, as much as the confirmation of throughout the country. A study re- firmation by the Senate as an example this highly qualified woman is an ex- leased by the National Academy of En- of what we do all too infrequently, I ample of the possibilities available to gineering in September highlighted a am afraid—recognizing a public need all Americans, I cannot help but be- handful of K–12 engineering curriculum and to acting appropriately and expedi- lieve it is being hailed today as a point projects. Other education-based initia- tiously to address it. I commend the of immense pride by the Vietnamese- tives are also spurring interest among President for heeding the recommenda- American community in my home our youth. For example, there is a re- tion by our colleagues from California State of Alaska, in Judge Nguyen’s markable afterschool program in Wil- and nominating a woman of obvious State of California, and all across this mington, DE, that I recently spoke talent. The President nominated Judge country. I extend the judge, and the Vi- about here in the Senate. It inspires Nguyen, I am sure, because he per- etnamese-American community, my high school students to pursue careers ceived in her a combination of the edu- sincere congratulations. in STEM fields by teaching them how cation, experience, and temperament to build robots. It is a great program. f appropriate for a life-tenured position All too often, though, these types of on the federal bench. Her unanimous STEM EDUCATION opportunities have not been available ‘‘well qualified’’ rating from the Amer- Mr. KAUFMAN. Mr. President, a few to all of our Nation’s students. The ican Bar Association’s Standing Com- weeks ago the Department of Edu- Race to the Top grants will bring more mittee on the Federal Judiciary, cation released application guidelines opportunities to more students. earned after an 18-year career in the for the Race to the Top competitive Perhaps the most important compo- law, including nearly 7 years as a Cali- grant program. I am very encouraged nent for meeting this grant priority is fornia Superior Court judge and rough- that these guidelines include a com- that States’ plans must prepare more ly the same amount of time as an as- petitive preference for science, tech- students to pursue college majors and sistant U.S. attorney in the same dis- nology, engineering, and mathe- careers in STEM. They must also spe- trict in which she will now serve as a matics—or STEM—education. I com- cifically address the needs of women Federal judge, would seem to be com- mend the Department for its foresight. and underrepresented minorities. The pletely justified. I have little doubt Throughout the year, I have spoken United States cannot maintain its po- that Judge Nguyen will be an out- many times about how important a sition as a technological leader nor can standing Federal judge. focus on science and engineering is to we solve the problems we face without As impressed as we all should be with our continued economic recovery. En- a diversity of perspectives and partici- her qualifications, I believe we can all gineers and scientists have always been pation.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12319 Women constitute about half of the While Major Atkins’ primary duty local community. KMIZ–17, Rolling students in our higher education sys- was to assist my military legislative Hills Veterinary, Columbia Insurance tem about half of the overall work- assistant on defense and veterans’ Group and Boulevard Bank have all force, but they comprise only slightly issues, he also made significant con- stepped forward to be involved at Mill more than 12 percent of the science and tributions in other areas, including Creek through the Partners in Edu- engineering workforce. African Ameri- banking, judiciary, health, and edu- cation program. These businesses pro- cans hold only 4.4 percent of science cation issues. Major Atkins prepared vide time and support to students and engineering jobs, Hispanics just 3.4 for Senate Army Caucus meetings, re- through mentoring, hands-on lessons percent. We can, and must, do better, searched banking issues, and wrote and even a school weather station. and the Race to the Top application memos on a variety of topics. Lamont Strong parental involvement also guidelines are a step in the right direc- performed beyond expectations. His leads to school success. Mill Creek ben- tion. flexibility and willingness to go the efits tremendously from the countless Over $4 billion is available for com- extra mile greatly benefited our office. PTA and volunteer hours donated by petitive grants in the Race to the Top During Lamont’s tenure, we family members and community lead- program. This is an unprecedented transitioned from one military legisla- ers each year. level of discretionary funding for the tive assistant to another. Lamont’s as- Mill Creek Elementary has been com- Department of Education, and States sistance was crucial to ensuring a mitted for over 20 years to providing a nationwide will be pulling out all the smooth transition, and was key in high quality education to its students stops to earn their share of the pie. bringing the new military legislative and preparing them to be leaders in Many States working months ago to assistant up to speed on my initiatives. their community. Parents, students, put the correct conditions in place to Major Atkins was stationed at teachers and staff can all be proud of apply for funds. Hickam Air Force Base prior to his as- their accomplishments. Moreover, the ‘‘Educate to Innovate’’ signment at the Pentagon. The oppor- Congratulations to the Cougars!∑ campaign was recently launched by tunity of experiencing firsthand the f President Obama. This campaign is a unique needs of the constituents of Ha- RECOGNIZING THE BRIDGEVILLE nationwide effort of private companies, waii was instrumental to Lamont’s VOLUNTEER FIRE DEPARTMENT universities, foundations, nonprofits, success on our staff, and Lamont dis- and science and engineering societies— played the aloha spirit daily. ∑ Mr. CARPER. Mr. President, today I working with the Federal Govern- I also extend my sincere aloha to offer my congratulations to Chief Jack ment—to improve student performance Lamont’s wife Karonica and their chil- Cannon and President Allen Parsons in STEM subjects. As part of this ef- dren, Lamont Junior and Kendall, and the entire company as the fort, business leaders and nonprofits whom my staff and I have also had the Bridgeville Volunteer Fire Department will be joining forces to identify and pleasure of getting to know during celebrates 100 years of service. The suc- replicate successful STEM programs Lamont’s time in my office. I extend cess of the fire company is a tribute to across the country. For example, Time my heartfelt aloha and utmost appre- the many dedicated men and women Warner Cable and the Coalition of ciation to Major Atkins for his service who not only have served in the Science After School are creating an to the great State of Hawaii, to the Bridgeville Fire Company, but have online directory of STEM afterschool Senate, and to our Nation. My staff served the entire Bridgeville commu- programs. Other STEM organizations and I will miss him dearly. I wish La- nity in any number of ways, as well. will be teaming up with local volun- mont and his ‘ohana the very best in Since 1909, the members of the teers to host National Lab Days, and their future. Bridgeville Volunteer Fire Company have protected the property and resi- President Obama announced an annual f science fair at the White House. This dents of this historic community. The type of public-private collaboration is ADDITIONAL STATEMENTS fire company has reached many mile- just the kind of action we need to bol- stones throughout the years, including equipment upgrades, the formation of ster STEM education. RECOGNIZING MILL CREEK I sincerely hope the competitive pref- the Ladies Auxiliary, and moves to ELEMENTARY erence for STEM education in the Race larger stations to accommodate growth to the Top application, coupled with ∑ Mr. BOND. Mr. President, on behalf and expansion. As it currently stands the ‘‘Educate to Innovate’’ campaign, of my fellow Missourians, I extend my at 60 volunteer members and 2 profes- will spur the kind of investment and warmest congratulations to Mill Creek sional emergency medical technicians, attention in STEM education that I be- Elementary School in Columbia, MO. the Bridgeville Volunteer Fire Com- lieve all of our students deserve. Our Mill Creek Elementary is celebrating pany represents a standard of excel- country is counting on these future sci- 20 years of dedication to educating its lence, answering over 300 fire calls and entists and engineers. students. When Mill Creek opened in 800 ambulance calls annually, night 1989, it served 486 students. Now, the f and day in all kinds of weather. school is home to 90 faculty and staff Delaware’s firefighters are dedicated TRIBUTE TO MAJOR LAMONT members and 760 students. and caring professionals who willingly ATKINS Mill Creek Elementary has educated put themselves at risk to protect the Mr. AKAKA. Mr. President, I wish and advanced thousands of students lives and property of their neighbors. today to recognize MAJ Lamont At- over the years. The faculty and staff We are all sincerely grateful for their kins of the U.S. Air Force, who has have helped students to develop the continuing service. The hard work and been my military legislative fellow for knowledge and skills that will serve dedication of these devoted volunteers the past year. them throughout their lives so they is an inspiration to all. Moreover, the Lamont is a proud alumnus of the may contribute to their communities Bridgeville Volunteer Fire Company University of Alabama, where he one day. has crafted a tradition of superior and earned a bachelor of science in man- At Mill Creek, students pledge to be selfless service. agement information systems, and an respectful of themselves and others, re- I again congratulate the members on avid fan of Alabama’s Crimson Tide sponsible for their own learning and be- this momentous anniversary and look football team. He also holds a masters havior, and resourceful problem-solv- forward to hearing of their continued of arts in computer resources and In- ers. These standards are known as the success for another hundred years and formation Management from Webster 3 R’s: respect, responsibility, and re- beyond.∑ University. With over 11 years in the sourcefulness. Mill Creek hopes to in- f military, Major Atkins brought a still these standards within its stu- wealth of knowledge and experience to dents so they will use them not just at MESSAGES FROM THE PRESIDENT my office. He has excelled in every pre- school but also in their homes and Messages from the President of the vious assignment and has received nu- their communities. United States were communicated to merous commendations, including sev- Public education is strengthened the Senate by Mrs. Neiman, one of his eral Officer of the Year awards. when schools have the support of the secretaries.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12320 CONGRESSIONAL RECORD — SENATE December 3, 2009 EXECUTIVE MESSAGES REFERRED of budget neutrality on new tax and manda- EC–3856. A communication from the Pro- tory spending legislation, enforced by the gram Analyst, Federal Aviation Administra- As in executive session the Presiding threat of annual, automatic sequestration, tion, Department of Transportation, trans- Officer laid before the Senate messages and for other purposes. mitting, pursuant to law, the report of a rule from the President of the United entitled ‘‘Airworthiness Directives; Airbus f States submitting sundry nominations Model A318–111, –112, A319, A320, and A321 Se- which were referred to the appropriate MEASURES REFERRED ries Airplanes’’ ((RIN2120–AA64)(Docket No. committees. FAA–2008–1215)) as received during adjourn- The following bills were read the first ment of the Senate in the Office of the Presi- (The nominations received today are and the second times by unanimous printed at the end of the Senate pro- dent of the Senate on November 24, 2009; to consent, and referred as indicated: the Committee on Commerce, Science, and ceedings.) H.R. 320. An act to amend the National Transportation. f Manufactured Housing Construction and EC–3857. A communication from the Pro- gram Analyst, Federal Aviation Administra- MESSAGE FROM THE HOUSE Safety Standards Act of 1974 to require that weather radios be installed in all manufac- tion, Department of Transportation, trans- At 11:22 a.m., a message from the tured homes manufactured or sold in the mitting, pursuant to law, the report of a rule House of Representatives, delivered by United States; to the Committee on Bank- entitled ‘‘Airworthiness Directives; Saab AB, Mrs. Cole, one of its reading clerks, an- ing, Housing, and Urban Affairs. Saab Aerosystems Model SAAB 340A (SAAB/ nounced that the House has passed the H.R. 515. An act to prohibit the importa- SF340A) and SAAB 340B Airplanes’’ following bills, in which it requests the tion of certain low-level radioactive waste ((RIN2120–AA64)(Docket No. FAA–2009–0134)) as received during adjournment of the Sen- concurrence of the Senate: into the United States; to the Committee on Environment and Public Works. ate in the Office of the President of the Sen- H.R. 320. An act to amend the National H.R. 2873. An act to provide enhanced en- ate on November 24, 2009; to the Committee Manufactured Housing Construction and forcement authority to the Securities and on Commerce, Science, and Transportation. Safety Standards Act of 1974 to require that Exchange Commission; to the Committee on EC–3858. A communication from the Pro- weather radios be installed in all manufac- Banking, Housing, and Urban Affairs. gram Analyst, Federal Aviation Administra- tured homes manufactured or sold in the H.R. 3570. An act to amend title 17, United tion, Department of Transportation, trans- United States. States Code, to reauthorize the satellite mitting, pursuant to law, the report of a rule H.R. 515. An act to prohibit the importa- statutory license, to conform the satellite entitled ‘‘Airworthiness Directives; tion of certain low-level radioactive waste and cable statutory licenses to all-digital PIAGGIO AERO INDUSTRIES S.p.A Model into the United States. transmissions, and for other purposes; to the PIAGGIO P–180 Airplanes’’ ((RIN2120– H.R. 1242. An act to amend the Emergency Committee on the Judiciary. AA64)(Docket No. FAA–2009–0699)) as re- Economic Stabilization Act of 2008 to pro- H.R. 3634. An act to designate the facility ceived during adjournment of the Senate in vide for additional monitoring and account- of the United States Postal Service located the Office of the President of the Senate on ability of the Troubled Asset Relief Pro- at 109 Main Street in Swifton, Arkansas, as November 24, 2009; to the Committee on gram. the ‘‘George Kell Post Office’’; to the Com- Commerce, Science, and Transportation. H.R. 2873. An act to provide enhanced en- EC–3859. A communication from the Pro- mittee on Homeland Security and Govern- forcement authority to the Securities and gram Analyst, Federal Aviation Administra- mental Affairs. Exchange Commission. tion, Department of Transportation, trans- H.R. 3963. An act to provide specialized H.R. 3634. An act to designate the facility mitting, pursuant to law, the report of a rule training to Federal air marshals; to the of the United States Postal Service located entitled ‘‘Airworthiness Directives; Hawker Committee on Commerce, Science, and at 109 Main Street in Swifton, Arkansas, as Beechcraft Corporation (Type Certificate Transportation. the ‘‘George Kell Post Office’’. previously held by Raytheon Aircraft Com- H.R. 3980. An act to provide for identifying H.R. 3963. An act to provide specialized pany) Models 1900, 1900C, and 1900D Air- and eliminating redundant reporting re- training to Federal air marshals. planes’’ ((RIN2120–AA64)(Docket No. FAA– quirements and developing meaningful per- H.R. 3980. An act to provide for identifying 2009–0165)) as received during adjournment of formance metrics for homeland security pre- and eliminating redundant reporting re- the Senate in the Office of the President of paredness grants, and for other purposes; to quirements and developing meaningful per- the Senate on November 24, 2009; to the Com- the Committee on Homeland Security and formance metrics for homeland security pre- mittee on Commerce, Science, and Transpor- Governmental Affairs. paredness grants, and for other purposes. tation. The message also announced that the The following concurrent resolutions EC–3860. A communication from the Pro- House has agreed to the following con- were read, and referred as indicated: gram Analyst, Federal Aviation Administra- H. Con. Res. 129. Concurrent resolution tion, Department of Transportation, trans- current resolutions, in which it re- mitting, pursuant to law, the report of a rule quests the concurrence of the Senate: congratulating the Sailors of the United States Submarine Force upon the comple- entitled ‘‘Airworthiness Directives; Bom- H. Con. Res. 129. Concurrent resolution tion of 1,000 Ohio-class ballistic missile sub- bardier Model CL–600–2B19 (Regional Jet Se- congratulating the Sailors of the United marine (SSBN) deterrent patrols; to the ries 100 & 440) Airplanes’’ ((RIN2120– States Submarine Force upon the comple- Committee on Armed Services. AA64)(Docket No. FAA–2009–0310)) as re- tion of 1,000 Ohio-class ballistic missile sub- H. Con. Res. 197. Concurrent resolution en- ceived during adjournment of the Senate in marine (SSBN) deterrent patrols. couraging banks and mortgage servicers to the Office of the President of the Senate on H. Con. Res. 197. Concurrent resolution en- work with families affected by contaminated November 24, 2009; to the Committee on couraging banks and mortgage servicers to drywall and to consider adjustments to pay- Commerce, Science, and Transportation. work with families affected by contaminated ment schedules on their home mortgages EC–3861. A communication from the Regu- drywall and to consider adjustments to pay- that take into account the financial burdens latory Analyst, Grain Inspection, Packers ment schedules on their home mortgages of responding to the presence of such and Stockyards Administration, Department that take into account the financial burdens drywall; to the Committee on Banking, of Agriculture, transmitting, pursuant to of responding to the presence of such Housing, and Urban Affairs. law, the report of a rule entitled ‘‘Poultry drywall. Contracts; Initiation, Performance, and Ter- f mination’’ (RIN0580–AA98) received in the Of- At 5:52 p.m., a message from the fice of the President of the Senate on No- EXECUTIVE AND OTHER House of Representatives, delivered by vember 30, 2009; to the Committee on Agri- COMMUNICATIONS Ms. Niland, one of its reading clerks, culture, Nutrition, and Forestry. announced that the House has passed The following communications were EC–3862. A communication from the Ad- ministrator, Fruit and Vegetable Programs, the following bills, in which it requests laid before the Senate, together with accompanying papers, reports, and doc- Department of Agriculture, transmitting, the concurrence of the Senate: pursuant to law, the report of a rule entitled H.R. 3570. An act to extend the statutory uments, and were referred as indicated: ‘‘Apricots Grown in Designated Counties in license for secondary transmissions under EC–3855. A communication from the Pro- Washington; Decreased Assessment Rate’’ title 17, United States Code, and for other gram Analyst, Federal Aviation Administra- (Docket No. AMS–FV–09–0038; FV09–922–1 purposes. tion, Department of Transportation, trans- FIR) received in the Office of the President H.R. 4154. An act to amend the Internal mitting, pursuant to law, the report of a rule of the Senate on November 30, 2009; to the Revenue Code of 1986 to repeal the new car- entitled ‘‘Airworthiness Directives; SOCATA Committee on Agriculture, Nutrition, and ryover basis rules in order to prevent tax in- Model TBM 700 Airplanes’’ ((RIN2120– Forestry. creases and the imposition of compliance AA64)(Docket No. FAA–2009–0557)) as re- EC–3863. A communication from the Dep- burdens on many more estates than would ceived during adjournment of the Senate in uty Secretary of Defense, transmitting the benefit from repeal, to retain the estate tax the Office of the President of the Senate on report of (12) officers authorized to wear the with a $3,500,000 exemption, to reinstitute November 24, 2009; to the Committee on insignia of the grade of major general in ac- and update the Pay-As-You-Go requirement Commerce, Science, and Transportation. cordance with title 10, United States Code,

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12321 section 777; to the Committee on Armed market Tax Relief Clarification Temporary EXECUTIVE REPORTS OF Services. Act of 2009’’; to the Committee on Homeland COMMITTEES EC–3864. A communication from the Direc- Security and Governmental Affairs. tor of Defense Procurement and Acquisition EC–3874. A communication from the Chair- The following executive reports of Policy, Department of Defense, transmit- man of the Council of the District of Colum- nominations were submitted: ting, pursuant to law, the report of a rule en- bia, transmitting, pursuant to law, a report By Mr. ROCKEFELLEER for the Com- titled ‘‘Defense Federal Acquisition Regula- on D.C. Act 18–232, ‘‘First Congregational mittee on Commerce, Science, and Transpor- tion Supplement; Definitions of Component United Church of Christ Property Tax Abate- tation. and Domestic Manufacture’’ (DFARS Case ment Temporary Act of 2009’’; to the Com- Suresh Kumar, of New Jersey, to be Assist- 2005–D010) received in the Office of the Presi- mittee on Homeland Security and Govern- ant Secretary of Commerce and Director dent of the Senate on November 30, 2009; to mental Affairs. General of the United States and Foreign the Committee on Armed Services. EC–3875. A communication from the Chair- Commercial Service. EC–3865. A communication from the Under man of the Council of the District of Colum- *Scott Boyer Quehl. of Pennsylvania, to be Secretary of Defense (Acquisition and Tech- bia, transmitting, pursuant to law, a report Chief Financial Officer, Department of Com- nology), transmitting, pursuant to law, an on D.C. Act 18–231, ‘‘Police and Firefighter merce. annual report on the Mentor-Prote´ge´ Pro- Post-Retirement Health Benefits Temporary *Scott Boyer Quehl, of Pennsylvania, to be gram for fiscal years 2007 and 2008; to the Amendment Act of 2009’’; to the Committee an Assistant Secretary of Commerce. Committee on Armed Services. on Homeland Security and Governmental Af- *Philip E. Coyle, III, of California, to be an EC–3866. A communication from the Regu- fairs. Associate Director of the Office of Science latory Specialist, Office of the Comptroller EC–3876. A communication from the Acting and Technology Policy. of the Currency, Department of the Treas- Director, U.S. Trade and Development Agen- *Anthony R. Coscia, of New Jersey, to be a ury, transmitting, pursuant to law, the re- cy, transmitting, pursuant to law, the Agen- Director of the Amtrak Board of Directors port of a rule entitled ‘‘Risk-Based Capital cy’s Performance and Accountability Report for a term of five years. Guidelines; Capital Adequacy Guidelines; for fiscal year 2009; to the Committee on *Albert DiClemente, of Delaware, to be a Capital Maintenance; Capital-Residential Homeland Security and Governmental Af- Director of the Amtrak Board of Directors Mortgage Loans Modified Pursuant to the fairs. for the remainder of the term expiring July Home Affordable Mortgage Program’’ EC–3877. A communication from the Chair- 26, 2011. *Mark R. Rosekind, of California, to be a (RIN1557–AD25) received in the Office of the man, Securities and Exchange Commission, Member of the National Transportation President of the Senate on November 30, transmitting, pursuant to law, the Office of Safety Board for the remainder of the term 2009; to the Committee on Banking, Housing, Inspector General’s Semiannual Report for expiring December 31, 2009. and Urban Affairs. the period of April 1, 2009, through Sep- *Mark R. Rosekind, of California, to be a EC–3867. A communication from the Regu- tember 30, 2009; to the Committee on Home- Member of the National Transportation latory Specialist, Office of the Comptroller land Security and Governmental Affairs. Safety Board for a term expiring December of the Currency, Department of the Treas- EC–3878. A communication from the Chair- 31, 2014. ury, transmitting, pursuant to law, the re- man, National Endowment for the Arts, port of a rule entitled ‘‘Final Model Privacy By Mr. LEAHY for the Committee on the transmitting, pursuant to law, the Office of Judiciary. Form Under the Gramm-Leach-Bliley Act’’ Inspector General’s Semiannual Report as (RIN1557–AC80) received in the Office of the Thomas I. Vanaskie, of Pennsylvania, to be well as the Chairman’s Report on Final Ac- United States Circuit Judge for the Third President of the Senate on November 30, tion for the period of April 1, 2009 through 2009; to the Committee on Banking, Housing, Circuit. September 30, 2009; to the Committee on Louis B. Butler, Jr., of Wisconsin, to be and Urban Affairs. Homeland Security and Governmental Af- EC–3868. A communication from the Assist- United States District Judge for the Western fairs. District of Wisconsin. ant to the Board of Governors, Federal Re- EC–3879. A communication from the Ad- serve System, transmitting, pursuant to law, Susan B. Carbon, of New Hampshire, to be ministrator, National Aeronautics and Space Director of the Violence Against Women Of- the report of a rule entitled ‘‘Truth in Lend- Administration, transmitting, pursuant to ing—Interim Final Rule; Request for Public fice, Department of Justice. law, the Administration’s Performance and John H. Laub, of the District of Columbia, Comment’’ (Regulation Z; Docket No. R– Accountability Report for fiscal year 2009; to to be Director of the National Institute of 1378) received in the Office of the President the Committee on Homeland Security and Justice. of the Senate on November 30, 2009; to the Governmental Affairs. Sharon Jeanette Lubinski, of Minnesota, Committee on Banking, Housing, and Urban EC–3880. A communication from the Chair- to be United States Marshal for the District Affairs. man, Board of Governors, U.S. Postal Serv- EC–3869. A communication from the Office of Minnesota for the term of four years. ice, transmitting, pursuant to law, the Semi- Mary Elizabeth Phillips, of Missouri, to be Manager, Centers for Medicare and Medicaid annual Report on the Audit, Investigative, United States Attorney for the Western Dis- Services, Department of Health and Human and Security Activities of the U.S. Postal trict of Missouri for the term of four years. Services, transmitting, pursuant to law, the Service for the period of April 1, 2009 through Sanford C. Coats, of Oklahoma, to be report of a rule entitled ‘‘Medicaid Program: September 30, 2009; to the Committee on United States Attorney for the Western Dis- State Flexibility for Medicaid Benefit Pack- Homeland Security and Governmental Af- trict of Oklahoma for the term of for years. ages and Premiums and Cost Sharing’’ fairs. Stephen James Smith, of Georgia, to be (RIN0938–AP72 and RIN0938–AP73) received in United States Marshal for the Southern Dis- the Office of the President of the Senate on f trict of Georgia for the term of four years. November 30, 2009; to the Committee on Fi- nance. *Nomination was reported with rec- EC–3870. A communication from the Chair- REPORTS OF COMMITTEES ommendation that it be confirmed sub- man of the U.S. International Trade Com- The following reports of committees ject to the nominee’s commitment to mission, transmitting, pursuant to law, a re- were submitted: respond to requests to appear and tes- port relative to the Commission’s Strategic tify before any duly constituted com- Plan covering the period from fiscal year By Mr. LIEBERMAN, from the Committee on Homeland Security and Governmental Af- mittee of the Senate. 2009 through fiscal year 2014; to the Com- (Nominations without an asterisk mittee on Finance. fairs, with an amendment in the nature of a EC–3871. A communication from the Presi- substitute: were reported with the recommenda- dent of the United States, transmitting, pur- S. 372. A bill to amend chapter 23 of title 5, tion that they be confirmed.) suant to law, a report relative to an alter- United States Code, to clarify the disclosures f native plan for pay increases for civilian of information protected from prohibited Federal employees covered by the General personnel practices, require a statement in INTRODUCTION OF BILLS AND Schedule and certain other pay systems in nondisclosure policies, forms, and agree- JOINT RESOLUTIONS January 2010; to the Committee on Home- ments that such policies, forms, and agree- The following bills and joint resolu- ments conform with certain disclosure pro- land Security and Governmental Affairs. tions were introduced, read the first EC–3872. A communication from the Direc- tections, provide certain authority for the tor, Office of Management and Budget, Exec- Special Counsel, and for other purposes and second times by unanimous con- utive Office of the President, transmitting, (Rept. No. 111–101). sent, and referred as indicated: pursuant to law, a report relative to By Mr. LEAHY, from the Committee on By Ms. KLOBUCHAR (for herself, Mr. unvouchered expenditures; to the Committee the Judiciary, with an amendment in the na- FEINGOLD, Mr. WEBB, and Mr. on Homeland Security and Governmental Af- ture of a substitute: BEGICH): fairs. S. 1353. A bill to amend title 1 of the Omni- S. 2825. A bill to require cell phone early EC–3873. A communication from the Chair- bus Crime Control and Safe Streets Act of termination fees to be pro-rated over the man of the Council of the District of Colum- 1986 to include nonprofit and volunteer term of a subscriber’s contract, and for other bia, transmitting, pursuant to law, a report ground and air ambulance crew members and purposes; to the Committee on Commerce, on D.C. Act 18–233, ‘‘Neighborhood Super- first responders for certain benefits. Science, and Transportation.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12322 CONGRESSIONAL RECORD — SENATE December 3, 2009 By Mr. GRASSLEY: SUBMISSION OF CONCURRENT AND by the Lord’s Resistance Army and to S. 2826. A bill to amend the Internal Rev- SENATE RESOLUTIONS authorize funds for humanitarian relief enue Code of 1986 to extend the renewable The following concurrent resolutions and reconstruction, reconciliation, and production credit for wind and open-loop bio- and Senate resolutions were read, and transitional justice, and for other pur- mass facilities, and for other purposes; to the referred (or acted upon), as indicated: poses. Committee on Finance. S. 1147 By Mr. CRAPO (for himself and Ms. By Mr. SCHUMER: At the request of Mr. KOHL, the name KLOBUCHAR): S. 2827. A bill to amend the Internal Rev- S. Res. 367. A resolution recognizing the of the Senator from Indiana (Mr. BAYH) enue Code of 1986 to expand the military 25th anniversary of the enactment of the was added as a cosponsor of S. 1147, a housing allowance exclusion for purposes of Victims of Crime Act of 1984 (42 U.S.C. 10601 bill to prevent tobacco smuggling, to determining area gross income in deter- et seq.) and the substantial contributions to ensure the collection of all tobacco mining whether a residential rental property the Crime Victims Fund made through the taxes, and for other purposes. for purposes of the exempt facility bond criminal prosecutions conducted by the Fi- S. 1306 rules; to the Committee on Finance. nancial Litigation Units of the United States By Mr. KERRY: At the request of Mr. BUNNING, the Attorneys’ offices; to the Committee on the name of the Senator from Tennessee S. 2828. A bill to amend the Public Health Judiciary. (Mr. CORKER) was added as a cosponsor Service Act to authorize the National Insti- By Mr. NELSON of Florida (for himself tute of Environmental Health Sciences to and Mr. LEMIEUX): of S. 1306, a bill to provide for payment conduct a research program on endocrine S. Res. 368. A resolution expressing the to the survivor or surviving family disruption, to prevent and reduce the produc- sense of the Senate commending coach members of compensation otherwise tion of, and exposure to, chemicals that can Bobby Bowden; to the Committee on the Ju- payable to a contractor employee of undermine the development of children be- diciary. the Department of Energy who dies fore they are born and cause lifelong impair- By Mr. MCCONNELL (for himself and after application for compensation ment to their health and function, and for Mr. REID): under the Energy Employees Occupa- other purposes; to the Committee on Health, S. Res. 369. A resolution to permit the col- lection of clothing, toys, food, and tional Illness Compensation Program Education, Labor, and Pensions. Act of 2000, and for other purposes. By Mr. WYDEN (for himself, Ms. housewares during the holiday season for S. 1341 STABENOW, and Mrs. GILLIBRAND): charitable purposes in Senate buildings; con- sidered and agreed to. At the request of Mr. MENENDEZ, the S. 2829. A bill to amend the Internal Rev- name of the Senator from Missouri enue Code of 1986 to allow the cost of labor f (Mrs. MCCASKILL) was added as a co- for building envelope improvements to be in- ADDITIONAL COSPONSORS cluded for purposes of the nonbusiness en- sponsor of S. 1341, a bill to amend the ergy property tax credit; to the Committee S. 132 Internal Revenue Code of 1986 to im- on Finance. At the request of Mrs. FEINSTEIN, the pose an excise tax on certain proceeds By Mr. BINGAMAN (for himself, Mr. name of the Senator from Louisiana received on SILO and LILO trans- HATCH, Mr. BENNETT, Mr. UDALL of (Mr. VITTER) was added as a cosponsor actions. New Mexico, Mr. UDALL of Colorado, of S. 132, a bill to increase and enhance S. 1423 and Mr. BENNET): law enforcement resources committed At the request of Mrs. BOXER, the S. 2830. A bill to amend the Surface Mining to investigation and prosecution of vio- name of the Senator from Hawaii (Mr. Control and Reclamation Act of 1977 to clar- lent gangs, to deter and punish violent INOUYE) was added as a cosponsor of S. ify that uncertified States and Indian tribes gang crime, to protect law-abiding citi- 1423, a bill to amend title XIX of the have the authority to use certain payments zens and communities from violent Social Security Act to require cov- for certain noncoal reclamation projects; to erage under the Medicaid Program for the Committee on Energy and Natural Re- criminals, to revise and enhance crimi- sources. nal penalties for violent crimes, to ex- freestanding birth center services. By Mr. REED (for himself, Mr. SCHU- pand and improve gang prevention pro- S. 1492 MER, Mrs. SHAHEEN, Mr. LEAHY, Mr. grams, and for other purposes. At the request of Ms. MIKULSKI, the KERRY, Mr. DODD, Mr. WHITEHOUSE, S. 760 name of the Senator from Delaware and Mr. CASEY): At the request of Mr. BROWNBACK, his (Mr. CARPER) was added as a cosponsor S. 2831. A bill to provide for additional name was added as a cosponsor of S. of S. 1492, a bill to amend the Public emergency unemployment compensation and 760, a bill to designate the Liberty Me- Health Service Act to fund break- to keep Americans working, and for other morial at the National World War I throughs in Alzheimer’s disease re- purposes; to the Committee on Finance. search while providing more help to By Mr. BINGAMAN (for himself, Mr. Museum in Kansas City, Missouri, as the ‘‘National World War I Memorial’’. caregivers and increasing public edu- ISAKSON, and Mr. KOHL): cation about prevention. S. 761 S. 2832. A bill to amend the Employee Re- S. 1583 At the request of Mr. BROWNBACK, his tirement Income Security Act of 1974 to re- At the request of Mr. ROCKEFELLER, name was added as a cosponsor of S. quire a lifetime income disclosure; to the the name of the Senator from Okla- Committee on Health, Education, Labor, and 761, a bill to establish the World War I homa (Mr. INHOFE) was added as a co- Pensions. Centennial Commission to ensure a sponsor of S. 1583, a bill to amend the By Mr. REED (for himself, Mr. BROWN, suitable observance of the centennial Internal Revenue Code of 1986 to extend Mr. WHITEHOUSE, Mr. AKAKA, Mr. of World War I, and for other purposes. DURBIN, Ms. KLOBUCHAR, and Mr. the new markets tax credit through S. 827 BEGICH): 2014, and for other purposes. At the request of Mr. ROCKEFELLER, S. 2833. A bill to provide adjusted Federal S. 1646 medical assistance percentage rates during a the name of the Senator from Maine At the request of Mr. REED, the name transitional assistance period; to the Com- (Ms. SNOWE) was added as a cosponsor of the Senator from Rhode Island (Mr. mittee on Finance. of S. 827, a bill to establish a program WHITEHOUSE) was added as a cosponsor By Mr. AKAKA (for himself and Mr. to reunite bondholders with matured of S. 1646, a bill to keep Americans VOINOVICH): unredeemed United States savings working by strengthening and expand- S. 2834. A bill to amend the Intelligence bonds. ing short-time compensation programs Reform and Terrorism Prevention Act of 2004 S. 1067 that provide employers with an alter- to establish a Security Clearance and Suit- At the request of Mr. FEINGOLD, the native to layoffs. ability Performance Accountability Council name of the Senator from Vermont S. 1780 and for other purposes; to the Select Com- (Mr. LEAHY) was added as a cosponsor mittee on Intelligence. At the request of Mrs. LINCOLN, the By Mr. KERRY (for himself, Mr. of S. 1067, a bill to support stabilization name of the Senator from Oregon (Mr. CARDIN, Mr. KAUFMAN, Mrs. and lasting peace in northern Uganda WYDEN) was added as a cosponsor of S. GILLIBRAND, and Mr. MENENDEZ): and areas affected by the Lord’s Resist- 1780, a bill to amend title 38, United S. 2835. A bill to reduce global warming ance Army through development of a States Code, to deem certain service in pollution through international climate fi- regional strategy to support multilat- the reserve components as active serv- nance, investment, and for other purposes; to eral efforts to successfully protect ci- ice for purposes of laws administered the Committee on Foreign Relations. vilians and eliminate the threat posed by the Secretary of Veterans Affairs.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12323 S. 1809 other Federal employees, and for other SECTION 1. SHORT TITLE. At the request of Mr. WICKER, the purposes. This Act may be cited as the ‘‘Clean Re- name of the Senator from Louisiana newable Energy Advancement Tax Extension AMENDMENT NO. 2791 Jobs Act of 2009’’ or the ‘‘CREATE Jobs (Ms. LANDRIEU) was added as a cospon- At the request of Ms. MIKULSKI, the Act’’. sor of S. 1809, a bill to amend the Clean names of the Senator from New Hamp- SEC. 2. EXTENSION OF RENEWABLE PRODUCTION Air Act to promote the certification of shire (Mrs. SHAHEEN), the Senator from CREDIT FOR WIND AND OPEN-LOOP BIOMASS FACILITIES. aftermarket conversion systems and Montana (Mr. TESTER) and the Senator (a) WIND.—Section 45(d)(1) of the Internal thereby encourage the increased use of from New York (Mrs. GILLIBRAND) were alternative fueled vehicles. Revenue Code of 1986 is amended by striking added as cosponsors of amendment No. ‘‘before January 1, 2013’’ and inserting ‘‘be- S. 1859 2791 proposed to H.R. 3590, a bill to fore January 1, 2017’’. At the request of Mr. ROCKEFELLER, amend the Internal Revenue Code of (b) OPEN-LOOP BIOMASS.—Section 45(d)(3) of the name of the Senator from Rhode Is- 1986 to modify the first-time home- the Internal Revenue Code of 1986 is amended land (Mr. WHITEHOUSE) was added as a buyers credit in the case of members of by striking ‘‘before January 1, 2014’’ both cosponsor of S. 1859, a bill to reinstate the Armed Forces and certain other places it appears and inserting ‘‘before Janu- ary 1, 2017’’. Federal matching of State spending of Federal employees, and for other pur- (c) EFFECTIVE DATE.—The amendments child support incentive payments. poses. made by this section shall apply to property S. 2730 AMENDMENT NO. 2836 placed in service after the date of the enact- ment of this Act. At the request of Mr. BROWN, the At the request of Ms. MURKOWSKI, the names of the Senator from Oregon (Mr. SEC. 3. INCREASED LIMITATION ON ISSUANCE OF name of the Senator from Georgia (Mr. NEW CLEAN RENEWABLE ENERGY MERKLEY) and the Senator from New ISAKSON) was added as a cosponsor of BONDS. York (Mr. SCHUMER) were added as co- amendment No. 2836 proposed to H.R. (a) ADDITIONAL LIMITATION.—Section 54C(c) sponsors of S. 2730, a bill to extend and 3590, a bill to amend the Internal Rev- of the Internal Revenue Code of 1986 is enhance the COBRA subsidy program enue Code of 1986 to modify the first- amended by adding at the end the following under the American Recovery and Re- time homebuyers credit in the case of new paragraph: investment Act of 2009. members of the Armed Forces and cer- ‘‘(5) FURTHER INCREASE IN LIMITATION.—The national new clean renewable energy bond S. 2758 tain other Federal employees, and for limitation shall be increased by $2,200,000,000. At the request of Ms. STABENOW, the other purposes. Such increase shall be allocated by the Sec- name of the Senator from Minnesota f retary consistent with the rules of para- (Mr. FRANKEN) was added as a cospon- graphs (2) and (3).’’. sor of S. 2758, a bill to amend the Agri- STATEMENTS ON INTRODUCED (b) NONAPPLICATION OF CERTAIN LABOR cultural Research, Extension, and Edu- BILLS AND JOINT RESOLUTIONS STANDARDS TO FURTHER INCREASE IN LIMITA- TION.—Section 1601(1) of the American Re- cation Reform Act of 1998 to establish By Mr. GRASSLEY: covery and Reinvestment Tax Act of 2009 is a national food safety training, edu- S. 2826. A bill to amend the Internal amended by inserting ‘‘pursuant to section cation, extension, outreach, and tech- Revenue Code of 1986 to extend the re- 54C(c)(4) of such Code’’ after ‘‘Act,’’. nical assistance program for agricul- newable production credit for wind and (c) NONAPPLICATION OF CERTAIN ARBITRAGE tural producers, and for other purposes. open-loop biomass facilities, and for AND ISSUANCE RULES.—Section 54C of the In- other purposes; to the Committee on ternal Revenue Code of 1986 is amended by S. 2794 adding at the end the following new sub- At the request of Mr. SCHUMER, the Finance. section: name of the Senator from Arkansas Mr. GRASSLEY. Mr. President, ‘‘(e) SPECIAL RULES.—For purposes of this (Mrs. LINCOLN) was added as a cospon- today I am introducing the Clean Re- section— sor of S. 2794, a bill to amend the Inter- newable Energy Advancement Tax Ex- ‘‘(1) LIMITED ARBITRAGE.—Section 54A(d)(4) nal Revenue Code of 1986 to provide tax tension Jobs Act of 2009, or the CRE- shall apply without regard to subparagraph (B) or (C) thereof. incentives for the donation of wild ATE Jobs Act of 2009 for short. This is a bill to help all kinds of businesses ‘‘(2) NO CREDIT STRIPPING.—Section 54A(i) game meat. shall not apply.’’. S. 2820 create jobs and continue pushing ahead (d) EFFECTIVE DATE.—The amendments on the development of clean renewable At the request of Mr. LAUTENBERG, made by this section shall apply to bonds the name of the Senator from Con- energy. My bill extends the tax credit issued after the date of the enactment of this for the production of electricity from Act. necticut (Mr. LIEBERMAN) was added as a cosponsor of S. 2820, a bill to prevent wind and open-loop biomass through SEC. 4. ADDITIONAL FIRST-YEAR DEPRECIATION December 31, 2016. FOR 50 PERCENT OF THE BASIS OF the destruction of terrorist and crimi- CERTAIN QUALIFIED PROPERTY. It increases the amount of bond au- nal national instant criminal back- (a) IN GENERAL.—Paragraph (2) of section ground check system records. thority for new clean renewable energy 168(k) of the Internal Revenue Code of 1986, bonds to incentivize more clean renew- as amended by the American Recovery and S. RES. 337 able energy projects and the jobs cre- Reinvestment Tax Act of 2009, is amended— At the request of Mr. ENSIGN, his ated by these projects. For all busi- (1) by striking ‘‘January 1, 2011’’ and in- name was added as a cosponsor of S. nesses, my bill extends bonus deprecia- serting ‘‘January 1, 2012’’, and Res. 337, a resolution designating De- tion for 1 year, so that businesses are (2) by striking ‘‘January 1, 2010’’ each place cember 6, 2009, as ‘‘National Miners able to deduct half of the value of any it appears and inserting ‘‘January 1, 2011’’. Day’’. (b) CONFORMING AMENDMENTS.— property placed in service in 2010. (1) The heading for subsection (k) of sec- S. RES. 356 This tax cut for businesses that in- tion 168 of the Internal Revenue Code of 1986, At the request of Mr. DURBIN, his vest in new property in 2010 will spur as amended by the American Recovery and name was added as a cosponsor of S. investment in clean energy projects, as Reinvestment Tax Act of 2009, is amended by Res. 356, a resolution calling upon the well as other new projects, and that striking ‘‘JANUARY 1, 2010’’ and inserting Government of Turkey to facilitate the will create badly needed jobs. ‘‘JANUARY 1, 2011’’. reopening of the Ecumenical Patri- I urge my colleagues to help me in (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code, as so amended, is archate’s Theological School of Halki getting this important legislation en- without condition or further delay. amended by striking ‘‘PRE-JANUARY 1, 2010’’ acted into law as soon as possible. and inserting ‘‘PRE-JANUARY 1, 2011’’. AMENDMENT NO. 2790 Mr. President, I ask unanimous con- (3) Subparagraph (B) of section 168(l)(5) of At the request of Mr. CASEY, the sent that the text of the bill be printed such Code, as so amended, is amended by name of the Senator from Minnesota in the RECORD. striking ‘‘January 1, 2010’’ and inserting (Ms. KLOBUCHAR) was added as a co- There being no objection, the text of ‘‘January 1, 2011’’. sponsor of amendment No. 2790 in- the bill was ordered to be printed in (4) Subparagraph (C) of section 168(n)(2)of such Code, as so amended, is amended by tended to be proposed to H.R. 3590, a the RECORD, as follows: striking ‘‘January 1, 2010’’ and inserting bill to amend the Internal Revenue S. 2826 ‘‘January 1, 2011’’. Code of 1986 to modify the first-time Be it enacted by the Senate and House of Rep- (5) Subparagraph (D) of section 1400L(b)(2) homebuyers credit in the case of mem- resentatives of the United States of America in of such Code is amended by striking ‘‘Janu- bers of the Armed Forces and certain Congress assembled, ary 1, 2010’’ and inserting ‘‘January 1, 2011’’.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12324 CONGRESSIONAL RECORD — SENATE December 3, 2009 (6) Subparagraph (B) of section The current tax code gives home- 1977 to clarify that uncertified States 1400N(d)(3)of such Code, as so amended, is owners a tax credit for installing en- and Indian tribes have the authority to amended by striking ‘‘January 1, 2010’’ and ergy efficiency improvements, which is use certain payments for certain inserting ‘‘January 1, 2011’’. all well and good, but it only allows noncoal reclamation projects; to the (c) EFFECTIVE DATE.—The amendments made by this section shall apply to property labor costs to be included for improve- Committee on Energy and Natural Re- placed in service after December 31, 2009. ments inside their homes. If the home- sources. owner is installing a new energy effi- Mr. BINGAMAN. Mr. President, I rise By Mr. KERRY: cient furnace, labor costs are included to introduce a bill important to public S. 2828. A bill to amend the Public in the expenses eligible for the tax health and safety and the environment Health Service Act to authorize the credit. But for improvements like in- in the West. This legislation addresses National Institute of Environmental stalling energy efficient windows, or an interpretation by the Department of Health Sciences to conduct a research doors, or insulation, or energy efficient the Interior, DOI, which restricts the program on endocrine disruption, to roofing materials—improvements ability of States to use certain funds prevent and reduce the production of, where labor is a major part of the cost, under the Abandoned Mine Land, AML, and exposure to, chemicals that can the tax credit only covers the cost of Program authorized by the Surface undermine the development of children the materials and not the labor to in- Mining Control and Reclamation Act, before they are born and cause lifelong stall them. If this seems counterintu- SMCRA, for non-coal mine reclama- impairment to their health and func- itive and counterproductive, that’s be- tion. tion, and for other purposes; to the cause it is. Tilting the tax code to The Tax Relief and Health Care Act Committee on Health, Education, favor some types of home improve- of 2006 contained amendments to Labor, and Pensions. ments over others is not a sound foun- SMCRA reauthorizing collection of an Mr. KERRY. Mr. President, there are dation for tax policy or energy policy. AML fee on coal produced in the U.S. This legislation, which Senators approximately 80,000 known chemicals and making certain modifications to STABENOW and GILLIBRAND have joined in our environment that are poten- the AML program. Under this program, with me to coponsor, will fix this prob- tially harmful. Many of those chemi- which is administered by DOI, funds lem by including labor costs for all eli- cals are not tested to determine if they are expended to reclaim abandoned gible energy efficiency improvements mine lands, with top priority for pro- are damaging to our health. This in- whether to the heating system or to cludes products Americans use every tecting public health, safety, general the roof Our legislation doesn’t change welfare, and property, and restoration day such as household cleaners, cos- the amount of the overall credit or the metics or personal care products. of land and water resources adversely kinds of energy efficiency improve- affected by past mining practices. The The increased rate of disorders af- ments that can be made. It just makes fecting the human endocrine system is program is largely directed to aban- it clear that the credit applies equally doned coal mine reclamation, but alarming. Children developing in the to labor costs to install all of the quali- under section 409 of SMCRA, funds womb may be particularly vulnerable. fying residential energy efficiency im- have been available to address non-coal We can see the effects in our environ- provements, not just some. This will ment. Some fish in our lakes and rivers mine sites. create a level playing field for home- Pursuant to a Memorandum Opinion, are developing gender mutations. We owners when they are trying to decide know there may be connections be- M–37014, issued by the DOI’s Solicitor which improvements to make espe- on December 5, 2007, the Department tween these effects and the chemicals cially for more labor intensive projects around us and it is time to learn more has interpreted the amendments in a like installing insulation or new en- manner that limits the ability of west- about it. That is why I am proud to in- ergy efficient roofing. It will also make ern States to use certain funds under troduce the Endocrine Disruption Pre- all of these building energy saving op- SMCRA to address significant problems vention Act. portunities more affordable. Most im- relating to non-coal abandoned mines. The Endocrine Disruption Prevention portantly, it will help Americans actu- This is in spite of the fact that these Act simply authorizes the National In- ally save energy and it will create jobs funds had previously been available for stitute of Environmental Health for those workers manufacturing and these purposes. In accordance with sec- Sciences to conduct a research pro- installing new, energy efficiency prod- tion 409 of SMCRA, western States gram on chemicals that may pose a ucts. risk to our health. This will streamline Mr. President, I ask unanimous con- such as New Mexico, Colorado, and research efforts so more useful and sent that the text of the bill be printed Utah, have prioritized the use of AML complete data will be available to Fed- in the RECORD. funds to undertake the most pressing eral agencies with the responsibility of There being no objection, the text of reclamation work on both coal and regulating chemicals. This bill allows the bill was ordered to be printed in non-coal mine sites. While activities on agencies to fake action based on find- the RECORD, as follows: non-coal sites have consumed a rel- ings and to report to Congress with S. 2829 atively insignificant portion of the what actions were taken. Be it enacted by the Senate and House of Rep- funding provided for the overall AML This bill promotes action based on resentatives of the United States of America in program, the results in terms of public hard, scientific evidence. I urge my col- Congress assembled, health and safety in these States is leagues to support this bill. SECTION 1. MODIFICATION TO NONBUSINESS EN- considerable, and there is significant ERGY PROPERTY CREDIT. work yet to be done. For example, New By Mr. WYDEN (for himself, Ms. (a) IN GENERAL.—Paragraph (1) of section Mexico alone has over 15,000 remaining 25C(c) of the Internal Revenue Code of 1986 is STABENOW, and Mrs. mine openings with a vast majority of amended by adding at the end the following GILLIBRAND): flush sentence: these being non-coal. Uranium mine S. 2829. A bill to amend the Internal ‘‘ ‘‘Such term includes expenditures for labor reclamation is a particular priority in Revenue Code of 1986 to allow the cost costs properly allocable to the onsite prepa- New Mexico. All AML-related fatalities of labor for building envelope improve- ration, assembly, or original installation of in New Mexico in the last few decades ments to be included for purposes of the component.’’. have been at non-coal mine sites. the nonbusiness energy property tax (b) EFFECTIVE DATE.—The amendment The bill that I am introducing today credit; to the Committee on Finance. made by this section shall apply to property would correct what I believe is an un- placed in service after the date of the enact- Mr. WYDEN. Mr. President, the Fed- ment of this Act. fortunate interpretation of the 2006 eral tax code is in great need of an Amendments by modifying the lan- overhaul and today I am introducing By Mr. BINGAMAN (for himself, guage of SMCRA to clarify that the legislation to fix one small piece of it. Mr. HATCH, Mr. BENNETT, Mr. funding would be available for non-coal My legislation will help struggling UDALL of New Mexico, Mr. reclamation as it was prior to the pas- homeowners who are seeing their UDALL of Colorado, and Mr. sage of the amendments in 2006. Under money literally going out the window BENNET): the bill, which makes a conforming as their heating costs go through the S. 2830. A bill to amend the Surface change to sections 409 and 411 of roof. Mining Control and Reclamation Act of SMCRA, western, non-certified States

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12325 could continue to use their State share ‘‘(B) the amendments made by sections 2 (2) TRANSITION RULES.— balances, including amounts com- through 4 of the Worker, Homeownership, (A) WAIVER OF RECOVERY OF CERTAIN OVER- prising their so-called previously unap- and Business Assistance Act of 2009; and PAYMENTS.—On and after the date of the en- propriated State share balances, for ‘‘(C) the amendments made by section 2(a) actment of this Act, no repayment of any of the Helping Unemployed Workers Act; emergency unemployment compensation non-coal reclamation. and’’. shall be required under section 4005 of the I hope that my colleagues will sup- (c) EFFECTIVE DATE.—The amendments Supplemental Appropriations Act, 2008 (Pub- port this legislation, which has impor- made by subsections (a) and (b) shall take ef- lic Law 110–252; 26 U.S.C. 3304 note) if the in- tant implications for abandoned mine fect as if included in the enactment of the dividual would have been entitled to receive clean-up in the West. Supplemental Appropriations Act, 2008. such compensation had the amendment made Mr. President, I ask unanimous con- SEC. 3. EXTENSION OF INCREASE IN UNEMPLOY- by subsection (a) applied to all weeks begin- sent that the text of the bill be printed MENT COMPENSATION BENEFITS. ning on or before the date of the enactment in the RECORD. (a) IN GENERAL.—Section 2002(e) of the As- of this Act. There being no objection, the text of sistance for Unemployed Workers and Strug- (B) WAIVER OF RIGHTS TO CERTAIN REGULAR the bill was ordered to be printed in gling Families Act (Public Law 111–5; 123 BENEFITS.—If— Stat. 438) is amended— (i) before the date of the enactment of this the RECORD, as follows: (1) in paragraph (1)(B), by striking ‘‘Janu- Act, an individual exhausted the individual’s S. 2830 ary 1, 2010’’ and inserting ‘‘January 1, 2011’’; rights to regular compensation for any ben- Be it enacted by the Senate and House of Rep- (2) in the heading for paragraph (2), by efit year, and resentatives of the United States of America in striking ‘‘JANUARY 1, 2010’’ and inserting (ii) after such exhaustion, such individual Congress assembled, ‘‘JANUARY 1, 2011’’; and was not eligible to receive emergency unem- SECTION 1. ABANDONED MINE RECLAMATION. (3) in paragraph (3), by striking ‘‘June 30, ployment compensation under title IV of the (a) LIMITATION ON FUNDS.—Section 409(b) of 2010’’ and inserting ‘‘June 30, 2011’’. Supplemental Appropriations Act, 2008 (Pub- the Surface Mining Control and Reclamation (b) EFFECTIVE DATE.—The amendments lic Law 110–252; 26 U.S.C. 3304 note) by reason Act of 1977 (30 U.S.C. 1239(b)) is amended by made by this section shall take effect as if of being entitled to regular compensation for inserting ‘‘or section 411(h)(1)’’ after ‘‘section included in the enactment of the Assistance a subsequent benefit year, 402(g)’’. for Unemployed Workers and Struggling (b) USE OF FUNDS.—Section 411(h)(1)(D)(ii) such individual may elect to defer the indi- Families Act. vidual’s rights to regular compensation for of the Surface Mining Control and Reclama- SEC. 4. EXTENSION OF FULL FEDERAL FUNDING tion Act of 1977 (30 U.S.C. 1240a(h)(1)(D)(ii)) is such subsequent benefit year with respect to OF EXTENDED UNEMPLOYMENT weeks beginning after such date of enact- amended by inserting ‘‘or 409’’ after ‘‘section COMPENSATION FOR A LIMITED PE- 403’’. RIOD. ment until such individual has exhausted the individual’s rights to emergency unemploy- (a) IN GENERAL.—Section 2005 of the Assist- By Mr. REED (for himself, Mr. ance for Unemployed Workers and Strug- ment compensation in respect of the benefit SCHUMER, Mrs. SHAHEEN, Mr. gling Families Act (Public Law 111–5; 26 year referred to in clause (i), and such indi- vidual shall be entitled to receive emergency LEAHY, Mr. KERRY, Mr. DODD, U.S.C. 3304 note) is amended— (1) by striking ‘‘January 1, 2010’’ each place unemployment compensation for such weeks Mr. WHITEHOUSE, and Mr. in the same manner as if the individual had CASEY): it appears and inserting ‘‘January 1, 2011’’; and not been entitled to the regular compensa- S. 2831. A bill to provide for addi- tion to which the election applies. tional emergency unemployment com- (2) in subsection (c), by striking ‘‘June 1, 2010’’ and inserting ‘‘June 1, 2011’’. pensation and to keep Americans work- SEC. 6. SUSPENSION OF TAX ON PORTION OF UN- (b) EXTENSION OF TEMPORARY FEDERAL EMPLOYMENT COMPENSATION. ing, and for other purposes; to the MATCHING FOR THE FIRST WEEK OF EXTENDED (a) IN GENERAL.—Section 85(c) of the Inter- Committee on Finance. BENEFITS FOR STATES WITH NO WAITING Mr. REED. Mr. President, I ask unan- WEEK.—Section 5 of the Unemployment nal Revenue Code of 1986 is amended— imous consent that the text of the bill Compensation Extension Act of 2008 (Public (1) by inserting ‘‘or 2010’’ after ‘‘in 2009’’, and be printed in the RECORD. Law 110–449; 26 U.S.C. 3304 note), as amended by section 2005(d) of the Assistance for Un- (2) by inserting ‘‘AND 2010’’ in the heading There being no objection, the text of after ‘‘2009’’. the bill was ordered to be printed in employed Workers and Struggling Families Act (Public Law 111–5; 26 U.S.C. 3304 note), is (b) EFFECTIVE DATE.—The amendment the RECORD, as follows: amended by striking ‘‘May 30, 2010’’ and in- made by this section shall apply to taxable S. 2831 serting ‘‘May 30, 2011’’. years beginning after December 31, 2009. Be it enacted by the Senate and House of Rep- (c) EFFECTIVE DATES.— resentatives of the United States of America in (1) IN GENERAL.—The amendments made by SEC. 7. TREATMENT OF SHORT-TIME COMPENSA- Congress assembled, subsection (a) shall take effect as if included TION PROGRAMS. SECTION 1. SHORT TITLE. in the enactment of the Assistance for Un- (a) IN GENERAL.—Section 3306 of the Inter- This Act may be cited as the ‘‘Helping Un- employed Workers and Struggling Families nal Revenue Code of 1986 is amended by add- employed Workers Act’’. Act. ing at the end the following new subsection: SEC. 2. EXTENSION OF EMERGENCY UNEMPLOY- (2) FIRST WEEK.—The amendment made by MENT COMPENSATION PROGRAM. subsection (b) shall take effect as if included ‘‘(v) SHORT-TIME COMPENSATION PRO- (a) IN GENERAL.—Section 4007 of the Sup- in the enactment of the Unemployment Com- GRAM.—For purposes of this chapter, the plemental Appropriations Act, 2008 (Public pensation Extension Act of 2008. term ‘short-time compensation program’ Law 110–252; 26 U.S.C. 3304 note), as amended SEC. 5. MODIFICATION TO ELIGIBILITY REQUIRE- means a program under which— by section 4 of the Unemployment Com- MENTS FOR EMERGENCY UNEM- ‘‘(1) the participation of an employer is pensation Extension Act of 2008 (Public Law PLOYMENT COMPENSATION. voluntary; 110–449; 122 Stat. 5015) and section 2001(a) of (a) INDIVIDUAL NOT INELIGIBLE BY REASON ‘‘(2) an employer reduces the number of the Assistance for Unemployed Workers and OF SUBSEQUENT ENTITLEMENT TO REGULAR hours worked by employees through certi- Struggling Families Act (Public Law 111–5; BENEFITS.—Section 4001 of the Supplemental fying that such reductions are in lieu of tem- 123 Stat. 436), is amended— Appropriations Act, 2008 (Public Law 110–252; porary layoffs; (1) by striking ‘‘December 31, 2009’’ each 26 U.S.C. 3304 note) is amended by adding at ‘‘(3) such employees whose workweeks have place it appears and inserting ‘‘December 31, the end the following new subsection: been reduced by at least 10 percent are eligi- 2010’’; ‘‘(g) CERTAIN RIGHTS TO REGULAR COM- ble for unemployment compensation; (2) in the heading for subsection (b)(2), by PENSATION DISREGARDED.—If an individual ‘‘(4) the amount of unemployment com- striking ‘‘DECEMBER 31, 2009’’ and inserting exhausted the individual’s rights to regular pensation payable to any such employee is a ‘‘DECEMBER 31, 2010’’; and compensation for any benefit year, such indi- pro rata portion of the unemployment com- (3) in subsection (b)(3), by striking ‘‘May vidual’s eligibility to receive emergency un- pensation which would be payable to the em- 31, 2010’’ and inserting ‘‘May 31, 2011’’. employment compensation under this title ployee if such employee were totally unem- (b) FUNDING.—Section 4004(e)(1) of the Sup- in respect of such benefit year shall be deter- ployed; plemental Appropriations Act, 2008 (Public mined without regard to any rights to reg- ‘‘(5) such employees are not expected to Law 110–252; 26 U.S.C. 3304 note), as amended ular compensation for a subsequent benefit meet the availability for work or work by section 6 of the Worker, Homeownership, year if such individual does not file a claim search test requirements while collecting and Business Assistance Act of 2009 (Public for regular compensation for such subse- short-time compensation benefits, but are Law 111–92), is amended by striking ‘‘by rea- quent benefit year.’’. required to be available for their normal son of’’ and all that follows and inserting the (b) EFFECTIVE DATE.— workweek; following: ‘‘by reason of— (1) IN GENERAL.—The amendment made by ‘‘(6) eligible employees may participate in ‘‘(A) the amendments made by section this section shall apply to weeks of unem- an employer-sponsored training program to 2001(a) of the Assistance for Unemployed ployment beginning after the date of the en- enhance job skills if such program has been Workers and Struggling Families Act; actment of this Act. approved by the State agency;

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12326 CONGRESSIONAL RECORD — SENATE December 3, 2009 ‘‘(7) beginning on the date which is 2 years plementation of this section. Such report or (A) beginning on or after the date the cer- after the date of enactment of this sub- reports shall include— tification is issued by the Secretary with re- section, the employer certifies that continu- (A) a study of short-time compensation spect to such program; and ation of health benefits and retirement bene- programs; (B) ending on or before December 31, 2011. fits under a defined benefit pension plan (as (B) an analysis of the significant impedi- (3) CERTIFICATION REQUIREMENTS.— defined in section 3(35) of the Employee Re- ments to State enactment and implementa- (A) IN GENERAL.—Any State seeking full re- tirement Income Security Act of 1974) is not tion of such programs; and imbursement under this subsection shall affected by participation in the program; (C) such recommendations as the Secretary submit an application for certification at ‘‘(8) the employer (or an employer’s asso- determines appropriate. such time, in such manner, and complete ciation which is party to a collective bar- (2) SUBSEQUENT REPORTS.—After the sub- with such information as the Secretary may gaining agreement) submits a written plan mission of the report under paragraph (1), require (whether by regulation or otherwise), describing the manner in which the require- the Secretary may submit such additional including information relating to compli- ments of this subsection will be implemented reports on the implementation of short-time ance with the requirements of paragraph (7) and containing such other information as compensation programs as the Secretary of such section 3306(v). The Secretary shall, the Secretary of Labor determines is appro- deems appropriate. within 30 days after receiving a complete ap- priate; (3) FUNDING.—There are appropriated, out plication, notify the State agency of the ‘‘(9) in the case of employees represented of any moneys in the Treasury not otherwise State of the Secretary’s findings with re- by a union, the appropriate official of the appropriated, to the Secretary, $1,500,000 to spect to the requirements of such paragraph union has agreed to the terms of the employ- carry out this subsection, to remain avail- (7). er’s written plan and implementation is con- able without fiscal year limitation. (B) FINDINGS.—If the Secretary finds that sistent with employer obligations under the (d) CONFORMING AMENDMENTS.— the short-time compensation program oper- National Labor Relations Act; and (1) INTERNAL REVENUE CODE OF 1986.— ated by the State meets the requirements of ‘‘(10) the program meets such other re- (A) Subparagraph (E) of section 3304(a)(4) such paragraph (7), the Secretary shall cer- quirements as the Secretary of Labor deter- of the Internal Revenue Code of 1986 is tify such State’s short-time compensation mines appropriate.’’. amended to read as follows: program thereby making such State eligible (b) ASSISTANCE AND GUIDANCE IN IMPLE- ‘‘(E) amounts may be withdrawn for the for reimbursement under this subsection. MENTING PROGRAMS.— payment of short-time compensation under a (b) TIMING OF APPLICATION SUBMITTALS.— (1) ASSISTANCE AND GUIDANCE.— short-time compensation program (as de- No application under subsection (a)(3) may (A) IN GENERAL.—In order to assist States fined in section 3306(v));’’. be considered if submitted before the date of in establishing, qualifying, and imple- (B) Subsection (f) of section 3306 of the In- enactment of this Act or after the latest menting short-time compensation programs, ternal Revenue Code of 1986 is amended— date necessary (as specified by the Sec- as defined in section 3306(v) of the Internal retary) to ensure that all payments under Revenue Code of 1986 (as added by subsection (i) by striking paragraph (5) (relating to short-term compensation) and inserting the this section are made before December 31, (a)), the Secretary of Labor (in this section 2011. referred to as the ‘‘Secretary’’) shall— following new paragraph: ‘‘(5) amounts may be withdrawn for the (c) TERMS OF PAYMENTS.—Payments made (i) develop model legislative language to a State under subsection (a)(1) shall be which may be used by States in developing payment of short-time compensation under a short-time compensation program (as de- payable by way of reimbursement in such and enacting short-time compensation pro- amounts as the Secretary estimates the grams and shall periodically review and re- fined in subsection (v));’’, and (ii) by redesignating paragraph (5) (relat- State will be entitled to receive under this vise such model legislative language; section for each calendar month, reduced or (ii) provide technical assistance and guid- ing to self-employment assistance program) as paragraph (6). increased, as the case may be, by any ance in developing, enacting, and imple- amount by which the Secretary finds that (2) SOCIAL SECURITY ACT.—Section 303(a)(5) menting such programs; the Secretary’s estimates for any prior cal- of the Social Security Act is amended by (iii) establish biannual reporting require- endar month were greater or less than the striking ‘‘the payment of short-time com- ments for States, including number of avert- amounts which should have been paid to the pensation under a plan approved by the Sec- ed layoffs, number of participating compa- State. Such estimates may be made on the retary of Labor’’ and inserting ‘‘the payment nies and workers, and retention of employees basis of such statistical, sampling, or other of short-time compensation under a short- following participation; and method as may be agreed upon by the Sec- time compensation program (as defined in (iv) award start-up grants to State agen- retary and the State agency of the State in- section 3306(v) of the Internal Revenue Code cies under subparagraph (B). volved. of 1986)’’. (B) GRANTS.— (d) LIMITATIONS.— (3) REPEAL.—Subsections (b) through (d) of (i) IN GENERAL.—The Secretary shall award (1) GENERAL PAYMENT LIMITATIONS.—No start-up grants to State agencies that apply section 401 of the Unemployment Compensa- payments shall be made to a State under not later than June 30, 2011, in States that tion Amendments of 1992 (26 U.S.C. 3304 note) this section for benefits paid to an individual enact short-time compensation programs are repealed. by the State in excess of 26 weeks of benefits. after the date of enactment of this Act for (e) EFFECTIVE DATE.—The amendments (2) EMPLOYER LIMITATIONS.—No payments the purpose of creating such programs. The made by this section shall take effect on the shall be made to a State under this section amount of such grants shall be awarded de- date of enactment of this Act. for benefits paid to an individual by the pending on the costs of implementing such SEC. 8. TEMPORARY FINANCING OF CERTAIN State pursuant to a short-time compensation programs. SHORT-TIME COMPENSATION PRO- program if such individual is employed by an (ii) ELIGIBILITY.—In order to receive a GRAMS. employer— grant under clause (i) a State agency shall (a) PAYMENTS TO STATES WITH CERTIFIED (A) whose workforce during the 3 months meet requirements established by the Sec- PROGRAMS.— preceding the date of the submission of the retary, including any reporting requirements (1) IN GENERAL.—Not later than 30 days employer’s short-time compensation plan under clause (iii). Each State agency shall be after the date of enactment of this Act, the has been reduced by temporary layoffs of eligible to receive not more than one such Secretary shall establish a program under more than 20 percent; or grant. which the Secretary shall make payments to (B) on a seasonal, temporary, or intermit- (iii) REPORTING.—The Secretary may es- any State unemployment trust fund to be tent basis. tablish reporting requirements for State used for the payment of unemployment com- (3) PROGRAM PAYMENT LIMITATION.—In agencies receiving a grant under clause (i) in pensation if the Secretary approves an appli- making any payments to a State under this order to provide oversight of grant funds cation for certification submitted under section pursuant to a short-time compensa- used by States for the creation of short-time paragraph (3) for such State to operate a tion program, the Secretary may limit the compensation programs. short-time compensation program (as de- frequency of employer participation in such (iv) FUNDING.—There are appropriated, out fined in section 3306(v) of the Internal Rev- program. of any moneys in the Treasury not otherwise enue Code of 1986 (as added by section 7(a))) (e) RETENTION REQUIREMENT.— appropriated, to the Secretary, such sums as which requires the maintenance of health (1) IN GENERAL.—A participating employer the Secretary certifies as necessary for the and retirement employee benefits as de- under this section is required to comply with period of fiscal years 2010 and 2011 to carry scribed in paragraph (7) of such section the terms of the written plan approved by out this subparagraph. 3306(v), in addition to other requirements of the State agency and act in good faith to re- (2) TIMEFRAME.—The initial model legisla- this Act and notwithstanding the otherwise tain participating employees. tive language referred to in paragraph (1)(A) effective date of such requirement. (2) OVERSIGHT AND MONITORING.—The Sec- shall be developed not later than 60 days (2) REIMBURSEMENT.—Subject to subsection retary shall establish an oversight and moni- after the date of enactment of this Act. (d), the payment to a State under paragraph toring process by which State agencies will (c) REPORTS.— (1) shall be an amount equal to 100 percent of ensure that participating employers comply (1) INITIAL REPORT.—Not later than 4 years the total amount of benefits paid to individ- with the requirements of paragraph (1). after the date of enactment of this Act, the uals by the State pursuant to the short-time (f) FUNDING.—There are appropriated, from Secretary shall submit to Congress and to compensation program during the weeks of time to time, out of any moneys in the the President a report or reports on the im- unemployment— Treasury not otherwise appropriated, to the

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12327 Secretary, such sums as the Secretary cer- As life expectancies rise, individuals lent. Accordingly, employers will be tifies are necessary to carry out this section have an increasing need for protection able to base their annuity equivalents (including to reimburse any additional ad- against the risk that they will outlive entirely on clear mechanical assump- ministrative expenses by reason of the provi- their savings. In fact, Boston College’s tions prescribed by the DOL. Of course, sion of, and amendments made by, this Act that are incurred by the States in operating National Retirement Risk Index re- to the extent that a participant’s ben- such short-time compensation programs). cently found that half of American efit is or may be invested in an annuity (g) DEFINITION OF STATE.—In this section, households are ‘‘at risk’’ of being un- contract that guarantees a specified the term ‘‘State’’ includes the District of Co- able to maintain their pre-retirement annuity benefit, the DOL shall, to the lumbia, the Commonwealth of Puerto Rico, standard of living in retirement. extent appropriate, permit such speci- and the Virgin Islands. But trends in retirement plan cov- fied benefit to be treated as an annuity (h) SUNSET.—The provisions of this section erage are only increasing this risk. De- shall not apply after December 31, 2011. equivalent. fined benefit pension plans—to which The DOL would further be directed to SEC. 9. STUDY AND REPORTS ON THE EMER- GENCY UNEMPLOYMENT COM- employers make regular fixed con- issue, within a year, a model disclosure PENSATION PROGRAM. tributions—are becoming rare. Individ- that explains the assumptions used to (a) STUDY.—The Secretary of Labor (in this uals who receive any form of workplace determine the annuity equivalents and section referred to as the ‘‘Secretary’’) shall retirement account are increasingly of- the fact that the annuity equivalents conduct a study on the implementation of fered the opportunity to contribute to provided are only estimates. This the emergency unemployment compensation defined contribution plans, like 401(k)s, model disclosure would include a clear program under title IV of the Supplemental to which the employer may or may not Appropriations Act, 2008 (Public Law 110–252; explanation that actual annuity bene- 26 U.S.C. 3304 note), as amended by section 2 provide a matching contribution. At fits may be materially different from and the Worker, Homeownership, and Busi- present, 401(k) plan statements typi- such estimates. ness Assistance Act of 2009 (Public Law 111– cally provide a total account balance, The act also provides employers with 92). Such study shall include an analysis of— but not a monthly income equivalent. a clear path to avoid liability: under (1) the different tiers under such program; Consequently, employees are not well- the act, employers and service pro- (2) the number of initial claims under such prepared to evaluate whether they are viders using the model disclosure and program, the average duration of benefits saving adequately to maintain cost of following the prescribed assumptions under the program, the average sum of bene- their current standard of living in re- fits under the program, and other areas that and DOL rules would not have any li- demonstrate who received benefits under the tirement. ability with regard to the provision of program; To address this challenge, the act annuity equivalents. This exemption (3) any significant impediments to State would require that defined contribu- from liability would apply to any dis- implementation of such program; tion plans subject to ERISA, such as closure of an annuity equivalent that (4) the significant administration weak- 401(k) plans, include ‘‘annuity equiva- incorporates the explanation from the nesses and strengths of such programs; and lents’’ on benefit statements provided model disclosure and that is prepared (5) other areas determined appropriate by to employees. An annuity equivalent is in accordance with the prescribed as- the Secretary. the monthly annuity payment that (b) REPORTS.— sumptions and DOL rules. For example, (1) IN GENERAL.—Not later than 4 years would be made if the employee’s total subject to such conditions, the exemp- after the date of the enactment of this Act, account balance were used to buy a life tion would apply to annuity equiva- the Secretary shall submit to Congress and annuity that commenced payments at lents available on a Web site or pro- the President a report (or multiple reports) the plan’s normal retirement age, gen- vided quarterly. on the study conducted under subsection (a), erally 65. The act requires the state- Finally, the act would not go into ef- together with such recommendations as the ment to show the monthly annuity fect until a year after the DOL has Secretary determines appropriate. payments under both a single life an- issued the guidance needed by employ- (2) SUBSEQUENT REPORTS.—After the Sec- nuity and a qualified joint and survivor retary submits the report (or reports) re- ers to implement the new rules. quired under paragraph (1), the Secretary annuity—that is, an annuity with sur- Our proposal is a small step, but one may submit such additional reports on the vivor benefits payable for life to the that can make a significant difference implementation of emergency unemploy- employee’s spouse. The annuity equiva- in beginning to tackle a key policy ment compensation programs as the Sec- lents would only be required to be pro- challenge. I am pleased that the act en- retary deems appropriate. vided once a year, even where quar- joys the support of many advocates for (c) FUNDING.—There are appropriated, out terly statements are otherwise re- of any moneys in the Treasury not otherwise retirement security, including AARP, quired. the Women’s Institute for a Secure Re- appropriated, to the Secretary, $1,250,000 to In this regard, 401(k) benefit state- carry out this section, to remain available tirement, and the Council of Inde- without fiscal year limitation. ments would become better coordi- pendent 401(k) Recordkeepers. I look nated with Social Security benefit forward to working with Senators By Mr. BINGAMAN (for himself, statements, which only express bene- ISAKSON and KOHL to see these provi- Mr. ISAKSON, and Mr. KOHL): fits in the form of a life annuity. Know- sions enacted into law. S. 2832. A bill to amend the Employee ing the amount of monthly income Mr. President, I ask unanimous con- Retirement Income Security Act of they can expect from Social Security sent that the text of the bill be printed 1974 to require a lifetime income dis- and their define contribution plan will in the RECORD. closure; to the Committee on Health, help employees determine whether There being no objection, the text of Education, Labor, and Pensions. they are on the path to a secure retire- the bill was ordered to be printed in Mr. BINGAMAN. Mr. President, I rise ment. Additionally, including annuity the RECORD, as follows: today to introduce the Lifetime In- equivalents on benefit statements will S. 2832 come Disclosure Act, to help Ameri- make employees more aware of the Be it enacted by the Senate and House of Rep- cans ensure they do not outlive their possibility upon retirement of receiv- resentatives of the United States of America in retirement savings. I am pleased to be ing at least a portion of their benefit in Congress assembled, joined by my colleague on the Health, the form of an annuity that protects SECTION 1. SHORT TITLE. Education, Labor and Pensions Com- them against outliving their savings. This Act may be cited as the ‘‘Lifetime In- mittee, Senator ISAKSON, and the As I have already discussed, this pro- come Disclosure Act’’. Chairman of the Aging Committee, posal addresses a critical public policy SEC. 2. DISCLOSURE REGARDING LIFETIME IN- Senator KOHL, in introducing the Act. issue. But it is equally important that COME. In sum, the Act would require private the proposal be structured not to im- (a) IN GENERAL.—Subparagraph (B) of sec- defined contribution retirement plans pose any material burden or potential tion 105(a)(2) of the Employee Retirement In- annually to show plan participants how liability on employers that voluntarily come Security Act of 1974 (29 U.S.C. their account balances translate into maintain a plan. Thus, the act directs 1025(a)(2)) is amended— (1) in clause (i), by striking ‘‘and’’ at the monthly income equivalents, based on the Department of Labor to issue, end; age at retirement and other factors. within a year, assumptions that em- (2) in clause (ii), by striking ‘‘diversifica- The act is structured so as not to im- ployers may use in converting a lump tion.’’ and inserting ‘‘diversification, and’’; pose a material burden on employers. sum amount into an annuity equiva- and

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12328 CONGRESSIONAL RECORD — SENATE December 3, 2009 (3) by inserting at the end the following: have any liability under this title solely by fiscal year nears, and more States have ‘‘(iii) the lifetime income disclosure de- reason of the provision of annuity equiva- had ample time to analyze their fiscal scribed in subparagraph (D)(i). lents which are derived in accordance with health it is expected that the total In the case of pension benefit statements de- the assumptions and rules described in shortfall will likely equal $180 billion. scribed in clause (i) of paragraph (1)(A), a clause (iii) and which include the expla- lifetime income disclosure under clause (iii) nations contained in the model lifetime in- As Congress debates health reform of this subparagraph shall only be required come disclosure described in clause (ii). This and works to ensure that every Amer- to be included in one pension benefit state- clause shall apply without regard to whether ican has access to health insurance in ment in each calendar year.’’. the provision of such annuity equivalent is 2014, we must not forget about ensuring (b) LIFETIME INCOME.—Paragraph (2) of sec- required by subparagraph (B)(iii). that Americans have access to health tion 105(a) of such Act (29 U.S.C. 1025(a)) is ‘‘(v) EFFECTIVE DATE.—The requirement in insurance between now and then, as amended by adding at the end the following subparagraph (B)(iii) shall apply to pension new subparagraph: the economy slowly recovers and as benefit statements furnished more than 12 state budgets begin to heal. During ‘‘(D) LIFETIME INCOME DISCLOSURE.— months after the latest of the issuance by ‘‘(i) IN GENERAL.— the Secretary of— this tough time we need to help indi- ‘‘(I) DISCLOSURE.—A lifetime income dis- ‘‘(I) interim final rules under clause (i); viduals, businesses, and States, and I closure shall set forth the annuity equiva- ‘‘(II) the model disclosure under clause (ii); am particularly concerned with mak- lent of the total benefits accrued with re- or ing sure our States have the resources spect to the participant or beneficiary. ‘‘(III) the assumptions under clause (iii).’’. to provide adequate health care. ‘‘(II) ANNUITY EQUIVALENT OF THE TOTAL Unless Congress acts on FMAP legis- BENEFITS ACCRUED.—For purposes of this sub- By Mr. REED (for himself, Mr. paragraph, the ‘annuity equivalent of the lation, States will be forced to use BROWN, Mr. WHITEHOUSE, Mr. total benefits accrued’ means the amount of their limited resources to cover an ex- monthly payments the participant or bene- AKAKA, Mr. DURBIN, Ms. panded Medicaid population beginning ficiary would receive at the plan’s normal re- KLOBUCHAR, and Mr. BEGICH): in January 2011. Since States are plan- tirement age if the total accrued benefits of S. 2833. A bill to provide adjusted ning their fiscal year 2011 budgets, such participant or beneficiary were used on Federal medical assistance percentage which will begin in July, many Gov- the date of the lifetime income disclosure to rates during a transitional assistance purchase the life annuities described in sub- ernors are requesting Congress act now period; to the Committee on Finance. to provide States with additional Fed- clause (III), with payments under such annu- Mr. REED. Mr. President, I rise ities commencing at the plan’s normal re- eral support. tirement age. today to introduce the Transitional The Transitional FMAP Act would ‘‘(III) LIFE ANNUITIES.—The life annuities Federal Medical Assistance Percent- extend the enhanced FMAP funding described in this subclause are a qualified age, FMAP, Act, and I am pleased to do which we passed in the Recovery Act joint and survivor annuity (as defined in sec- so with the support of Senators BROWN, for two additional quarters. This exten- tion 205(d)), based on assumptions specified WHITEHOUSE, AKAKA, DURBIN, in rules prescribed by the Secretary, includ- sion accounts for the prolonged reces- KLOBUCHAR, and BEGICH. This bill is an sion and ensures that the pressure of ing the assumption that the participant or important step in continuing the con- beneficiary has a spouse of equal age, and a Medicaid needs do not overwhelm the single life annuity. Such annuities may have versation about how we can help our States. The bill would also begin a slow a term certain or other features to the ex- States, businesses, and individuals as decrease of enhanced FMAP funding tent permitted under rules prescribed by the our economy recovers. from July 2011 through December 2013. Secretary. In my State of Rhode Island, the eco- This will help States as they recover ‘‘(ii) MODEL DISCLOSURE.—Not later than 1 nomic downturn has been particularly and ensure that States do not experi- year after the date of the enactment of the hard hitting on families and busi- Lifetime Income Disclosure Act, the Sec- ence a gap in assistance prior to health nesses. As a result, the State has seen reform-related FMAP levels beginning retary shall issue a model lifetime income a decline in tax revenue and an in- disclosure, written in a manner so as to be in January 2014. understood by the average plan participant, creased enrollment in safety net pro- Mr. President, this additional fund- that— grams like Medicaid. Revenue from the ing is important for States, businesses, ‘‘(I) explains that the annuity equivalent is sales tax is down over 7 percent, in- and individuals. I know that Chairman only provided as an illustration; come tax receipts are down 2.3 percent, BAUCUS and Leader REID are well aware ‘‘(II) explains that the actual annuity pay- and corporate tax revenue is down ments that may be purchased with the total of the importance of FMAP and have a nearly 10 percent. At the same time, history to working to aid our States. I benefits accrued will depend on numerous unemployment rates have soared to factors and may vary substantially from the look forward to working with them and annuity equivalent in the disclosures; new heights, topping 13 percent earlier my other colleagues to provide States ‘‘(III) explains the assumptions upon which this year. In the past 2 years, 40,000 with necessary additional Federal Med- the annuity equivalent was determined; and Rhode Islanders have lost their em- icaid assistance. ‘‘(IV) provides such other similar expla- ployer-sponsored health insurance. Mr. President, I ask unanimous con- nations as the Secretary considers appro- Many of these individuals have come to sent that the text of the bill be printed priate. rely on Medicaid for health coverage. in the RECORD. ‘‘(iii) ASSUMPTIONS AND RULES.—Not later This has caused great strain on the than 1 year after the date of the enactment There being no objection, the text of of the Lifetime Income Disclosure Act, the State’s resources and its Medicaid pro- the bill was ordered to be printed in gram. In November, we learned that Secretary shall— the RECORD, as follows: ‘‘(I) prescribe assumptions that adminis- the estimated Medicaid caseload for S. 2833 trators of individual account plans may use the year will cost over $40 million more in converting total accrued benefits into an- than what the State had initially esti- Be it enacted by the Senate and House of Rep- nuity equivalents for purposes of this sub- resentatives of the United States of America in mated in its budget. Congress assembled, paragraph; and The American Recovery and Rein- SECTION 1. SHORT TITLE. ‘‘(II) issue interim final rules under clause vestment Act, which I supported, pro- (i). This Act may be cited as the ‘‘Transitional vided States with additional Federal Federal Medical Assistance Percentage Act’’. In prescribing assumptions under subclause assistance through 2010. States have (I), the Secretary may prescribe a single set SEC. 2. EXTENSION OF ARRA INCREASE IN FMAP. of specific assumptions (in which case the used these funds to help balance their Section 5001 of ARRA is amended— Secretary may issue tables or factors that budgets, minimize harmful cuts in pub- (1) in subsection (a)(3), by striking ‘‘first facilitate such conversions), or ranges of per- lic services, and, very importantly, to calendar quarter’’ and inserting ‘‘first 3 cal- missible assumptions. To the extent that an prevent tax increases in many cases. endar quarters’’; accrued benefit is or may be invested in an However, even with the funding from (2) in subsection (b)(2), by inserting before annuity contract, the assumptions pre- the Recovery Act, Rhode Island will the period at the end the following: ‘‘and scribed under subclause (I) shall, to the ex- close the current fiscal year $219.8 mil- such paragraph shall not apply to calendar tent appropriate, permit administrators of lion in the red. quarters beginning on or after October 1, individual account plans to use the amounts 2010’’; payable under such contract as an annuity A total of 38 States have looked (3) in subsection (d), by inserting ‘‘ending equivalent. ahead to fiscal year 2011, and they have before October 1, 2010’’ after ‘‘entire fiscal ‘‘(iv) LIMITATION ON LIABILITY.—No plan fi- estimated $92 billion in combined defi- years’’ and after ‘‘with respect to fiscal duciary, plan sponsor, or other person shall cits in the coming year. As the State years’’;

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12329

(4) in subsection (g)(1), by striking ‘‘Sep- ARRA transitional assistance period would (B) STATE REINSTATEMENT OF ELIGIBILITY tember 30, 2011’’ and inserting ‘‘December 31, be less than zero, this paragraph shall not PERMITTED.—Subject to subparagraph (C), a 2011’’; and apply to such State. State that has restricted eligibility stand- (5) in subsection (h)(3), by striking ‘‘De- (D) SPECIAL RULE.— ards, methodologies, or procedures under its cember 31, 2010’’ and inserting ‘‘June 30, (i) IN GENERAL.—For purposes of subpara- State plan under title XIX of the Social Se- 2011’’. graph (A), with respect to the computation curity Act (including any waiver under such SEC. 3. ARRA TRANSITIONAL ASSISTANCE PE- of the state unemployment increase percent- title or under section 1115 of such Act (42 RIOD. age (as described under section 5001(c)(4) of U.S.C. 1315)) after July 1, 2008, is no longer For each fiscal quarter occurring during ARRA) for the last 2 fiscal quarters of the ineligible under subparagraph (A) beginning the period beginning on July 1, 2011, and end- ARRA transitional assistance period, the with the first calendar quarter in which the ing on December 31, 2013 (referred to in this most recent previous 3-consecutive-month State has reinstated eligibility standards, Act as the ‘‘ARRA transitional assistance period (as described under section methodologies, or procedures that are no period’’), a State’s FMAP shall be equal to 5001(c)(4)(A)(i) of ARRA) shall be the 3-con- more restrictive than the eligibility stand- the sum of— secutive-month period beginning with De- ards, methodologies, or procedures, respec- (1) the adjusted base FMAP (as determined cember 2012, or, if it results in a higher appli- tively, under such plan (or waiver) as in ef- under section 4(a)(1)); cable percent under section 5001(c)(3) of fect on July 1, 2008. ARRA, the 3-consecutive-month period be- (2) the general FMAP adjustment (as deter- (C) SPECIAL RULES.—A State shall not be mined under section 4(a)(2)); and ginning with January 2013. ineligible under subparagraph (A)— (ii) REPEAL OF SPECIAL RULE UNDER ARRA (3) the unemployment FMAP adjustment (i) for the fiscal quarters before October 1, FOR LAST 2 CALENDAR QUARTERS OF THE RE- (as determined under section 4(a)(3)). 2011, on the basis of a restriction that was CESSION ADJUSTMENT PERIOD.—Section applied after July 1, 2008, and before the date SEC. 4. ADJUSTMENTS TO FEDERAL MEDICAL AS- 5001(c)(4) of ARRA is amended by striking SISTANCE PERCENTAGE. of the enactment of this Act, if the State subparagraph (C) and inserting the following: (a) DETERMINATION OF ADJUSTED FMAP.— prior to October 1, 2011, has reinstated eligi- ‘‘(C) SPECIAL RULE.—With respect to the (1) ADJUSTED BASE FMAP.— bility standards, methodologies, or proce- first 2 calendar quarters of the recession ad- (A) IN GENERAL.—Subject to subparagraph justment period, the most recent previous 3- dures that are no more restrictive than the (B), the adjusted base FMAP is determined consecutive-month period described in sub- eligibility standards, methodologies, or pro- as follows: paragraph (A)(i) shall be the 3-consecutive- cedures, respectively, under such plan (or (i) For the fourth quarter of fiscal year month period beginning with October 2008.’’. waiver) as in effect on July 1, 2008; or 2011, the FMAP that would have applied to (b) SCOPE OF APPLICATION.—The adjust- (ii) on the basis of a restriction that was the State under section 5001(a) of ARRA (as- ments in the FMAP for a State under this directed to be made under State law as in ef- suming that such section applied) for such section shall apply for purposes of title XIX fect on July 1, 2008, and would have been in fiscal quarter minus 2 percentage points. of the Social Security Act and shall not effect as of such date, but for a delay in the (ii) For any subsequent fiscal quarter oc- apply with respect to— effective date of a waiver under section 1115 curring during the ARRA transitional assist- (1) disproportionate share hospital pay- of such Act with respect to such restriction. ance period, the FMAP as determined under ments described in section 1923 of such Act (2) COMPLIANCE WITH PROMPT PAY REQUIRE- this paragraph for the preceding fiscal quar- (42 U.S.C. 1396r-4); MENTS.— ter minus 2 percentage points. (2) payments under title IV of such Act (42 (A) APPLICATION TO PRACTITIONERS.— (B) ELIMINATION OF NEGATIVE ADJUST- U.S.C. 601 et seq.) (except that the increases (i) IN GENERAL.—Subject to the succeeding MENT.—If the adjusted base FMAP applicable under paragraphs (1) and (2) of subsection (a) provisions of this subparagraph, no State to a State under this paragraph for any fis- shall apply to payments under part E of title shall be eligible for an increased FMAP rate cal quarter occurring during the ARRA tran- IV of such Act (42 U.S.C. 670 et seq.) and, for as provided under this section for any claim sitional assistance period would be less than purposes of the application of this section to received by a State from a practitioner sub- the FMAP determined for the State for such the District of Columbia, payments under ject to the terms of section 1902(a)(37)(A) of quarter without regard to this paragraph, such part shall be deemed to be made on the the Social Security Act (42 U.S.C. this paragraph shall not apply to such State. basis of the FMAP applied with respect to 1396a(a)(37)(A)) for such days during any pe- (2) GENERAL FMAP ADJUSTMENT.—The gen- such District for purposes of title XIX and as riod in which that State has failed to pay eral FMAP adjustment shall be equal to the increased under subsection (a)(2)); claims in accordance with such section as following: (3) any payments under title XXI of such applied under title XIX of such Act. (A) For the fourth quarter of fiscal year Act (42 U.S.C. 1397aa et seq.); (ii) REPORTING REQUIREMENT.—Each State 2011, 5.7 percentage points. (4) any payments under title XIX of such shall report to the Secretary, on a quarterly (B) For the first quarter of fiscal year 2012, Act that are based on the enhanced FMAP basis, its compliance with the requirements 4.95 percentage points. described in section 2105(b) of such Act (42 of clause (i) as such requirements pertain to (C) For the second quarter of fiscal year U.S.C. 1397ee(b)); or claims made for covered services during each 2012, 3.95 percentage points. (5) any payments under title XIX of such month of the preceding quarter. (D) For the third quarter of fiscal year Act that are attributable to expenditures for (iii) WAIVER AUTHORITY.—The Secretary 2012, 2.7 percentage points. medical assistance provided to individuals may waive the application of clause (i) to a (E) For the fourth quarter of fiscal year made eligible under a State plan under title State, or the reporting requirement imposed 2012, 1.2 percentage points. XIX of the Social Security Act (including under clause (ii), during any period in which (F) For any subsequent fiscal quarter oc- under any waiver under such title or under there are exigent circumstances, including curring during the ARRA transitional assist- section 1115 of such Act (42 U.S.C. 1315)) be- natural disasters, that prevent the timely ance period, 0.2 percentage points. cause of income standards (expressed as a processing of claims or the submission of (3) UNEMPLOYMENT FMAP ADJUSTMENT.— percentage of the poverty line) for eligibility such a report. (A) IN GENERAL.—Subject to subparagraphs for medical assistance that are higher than (iv) APPLICATION TO CLAIMS.—Clauses (i) (C) and (D), the unemployment FMAP ad- the income standards (as so expressed) for and (ii) shall only apply to claims made for justment shall be equal to the increase in such eligibility as in effect on July 1, 2008, covered services after the date of enactment the State’s FMAP that would have applied to (including as such standards were proposed of this Act. the State under section 5001(c) of ARRA (as- to be in effect under a State law enacted but (B) APPLICATION TO NURSING FACILITIES AND suming that such section applied) for such not effective as of such date or a State plan HOSPITALS.—The provisions of subparagraph fiscal quarter minus the applicable reduction amendment or waiver request under title (A) shall apply with respect to a nursing fa- amount (as described under subparagraph XIX of such Act that was pending approval cility or hospital, insofar as it is paid under (B)). on such date). title XIX of the Social Security Act on the (B) APPLICABLE REDUCTION AMOUNT.—For (c) STATE INELIGIBILITY; LIMITATION; SPE- basis of submission of claims, in the same or purposes of subparagraph (A), the applicable CIAL RULES.— similar manner (but within the same time- reduction amount shall be equal to the fol- (1) MAINTENANCE OF ELIGIBILITY REQUIRE- frame) as such provisions apply to practi- lowing: MENTS.— tioners described in such subparagraph. (i) For the fourth fiscal quarter of fiscal (A) IN GENERAL.—Subject to subparagraph (3) STATE’S APPLICATION TOWARD RAINY DAY year 2011, 0.20 percentage points. (B) and (C), a State is not eligible for an in- FUND.—A State is not eligible for an increase (ii) For any subsequent fiscal quarter oc- crease in its FMAP under subsection (a) if in its FMAP under paragraphs (2) or (3) of curring during the ARRA transitional assist- eligibility standards, methodologies, or pro- subsection (a) if any amounts attributable ance period, the sum of— cedures under its State plan under title XIX (directly or indirectly) to such increase are (I) the applicable reduction amount for the of the Social Security Act (including any deposited or credited into any reserve or preceding fiscal quarter; and waiver under such title or under section 1115 rainy day fund of the State. (II) 0.05 percentage points. of such Act (42 U.S.C. 1315)) are more restric- (4) NO WAIVER AUTHORITY.—Except as pro- (C) ELIMINATION OF NEGATIVE ADJUST- tive than the eligibility standards, meth- vided in paragraph (2)(A)(iii), the Secretary MENT.—If the unemployment FMAP adjust- odologies, or procedures, respectively, under may not waive the application of this sub- ment applicable to a State under this para- such plan (or waiver) as in effect on July 1, section or subsection (d) under section 1115 graph for any fiscal quarter during the 2008. of the Social Security Act or otherwise.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12330 CONGRESSIONAL RECORD — SENATE December 3, 2009 (5) LIMITATION OF FMAP TO 100 PERCENT.—In High-Risk List in 2005. Since then, clearances. At our Subcommittee hear- no case shall an increase in FMAP under this through the strong oversight of our ings, the GAO has repeatedly called for section result in an FMAP that exceeds 100 Subcommittee and hard work of those expanded reporting. It is important percent. in the government dedicated to reform- that we look at the timeliness of the (d) REQUIREMENTS.— (1) STATE REPORTS.—Each State that is ing and modernizing the security clear- whole process. Our legislation would paid additional Federal funds as a result of ance process, the tremendous backlog require more complete reporting on this section shall, not later than September of security clearance investigations timeliness for all clearances, not just 30, 2014, submit a report to the Secretary, in has all but vanished, and clearance de- the 90 percent that we see today. For such form and such manner as the Secretary terminations are made much more the first time, it would require OMB to shall determine, regarding how the addi- quickly. While progress has been made, break down the numbers based on tional Federal funds were expended. we must use this opportunity to con- types of clearances and employee (2) ADDITIONAL REQUIREMENT FOR CERTAIN tinue to push for fundamental changes groups, and to report on which agen- STATES.—In the case of a State that requires political subdivisions within the State to to the clearance process to ensure that cies are complying with reciprocal rec- contribute toward the non-Federal share of we do not experience the same prob- ognition of clearances. While the cur- expenditures under the State Medicaid plan lems in the future. rent IRTPA reporting requirements required under section 1902(a)(2) of the Social In 2004, the Intelligence Reform and end in 2011, our legislation would ex- Security Act (42 U.S.C. 1396a(a)(2)), the State Terrorism Prevention Act, IRTPA, tend these requirements to ensure that is not eligible for an increase in its FMAP P.L. 108–458, required 90 percent of we receive reports until GAO has con- under paragraphs (2) or (3) of subsection (a) clearances to be completed within an cluded this is no longer a high-risk if it requires that such political subdivisions average of 60 days by December 2009. At pay for quarters during the ARRA transi- issue. tional assistance period a greater percentage the time, it took almost a year to com- To ensure consistent leadership, our of the non-Federal share of such expendi- plete a Top Secret clearance request. bill would codify the Performance Ac- tures, or a greater percentage of the non- IRTPA also required that agencies rec- countability Council, which has been Federal share of payments under section ognize clearance determinations made the catalyst for much of the reform we 1923, than the respective percentage that by other agencies to ensure reciprocity have seen to date. It is critical that we would have been required by the State under of clearances. An Executive Order was codify the PAC as its future was in such plan on September 30, 2008, prior to ap- issued to implement these require- doubt during the presidential transi- plication of this section. ments, designating the Office of Man- tion as the new administration re- (e) DEFINITIONS.—In this Act, except as otherwise provided: agement and Budget, OMB, as the viewed previous executive orders. (1) ARRA.—The term ‘‘ARRA’’ means the agency responsible for setting security GAO has also urged the creation of American Recovery and Reinvestment Act of clearance policy and calling on the Of- new metrics that would measure not 2009 (Public Law 111–5; 123 Stat. 140). fice of Personnel Management, OPM, only the timeliness of clearance deter- (2) FMAP.—The term ‘‘FMAP’ ’’ means the to conduct clearance investigations. minations, but also the quality and Federal medical assistance percentage, as Unfortunately, clearance timeliness completeness of investigations. These defined in section 1905(b) of the Social Secu- continued to be unacceptably slow. metrics should be defined through the rity Act (42 U.S.C. 1396d(b)), as determined After continued pressure from our creation of a comprehensive strategic without regard to this section except as oth- erwise specified. Subcommittee and other stakeholders, plan for clearance modernization. In (3) POVERTY LINE.—The term ‘‘poverty in 2008, OMB brought together the De- response to GAO’s recommendations, line’’ has the meaning given such term in partment of Defense, the Office of the the legislation would require the PAC section 673(2) of the Community Services Director of National Intelligence, to create a comprehensive strategic Block Grant Act (42 U.S.C. 9902(2)), including ODNI, and OPM to create a plan to plan. This plan would outline reform any revision required by such section. overhaul and streamline the clearance goals, establish performance measures, (4) SECRETARY.—The term ‘‘Secretary’’ process government-wide. At the rec- create a more robust communications means the Secretary of Health and Human ommendation of this reform team, a strategy, define clear roles and respon- Services. (5) STATE.—The term ‘‘State’’ has the new executive order was issued cre- sibilities for stakeholders, and examine meaning given such term in section 1101(a)(1) ating a governance structure for over- funding needs in order to keep reforms of the Social Security Act (42 U.S.C. seeing and modernizing the federal on track. 1301(a)(1)) for purposes of title XIX of the So- government’s security clearance and Finally, this bill would require that cial Security Act (42 U.S.C. 1396 et seq.). suitability processes. The members of the PAC undertake a more comprehen- (f) SUNSET.—This section shall not apply to the reform team were designated as the sive information technology assess- items and services furnished after the end of Suitability and Security Clearance ment than it has to date. Today, dozens the ARRA transitional assistance period. Performance Accountability Council, of intertwined systems are used in the By Mr. AKAKA (for himself and PAC. clearance process. These systems are a Mr. VOINOVICH): Since the creation of the PAC and patchwork of outdated technology S. 2834. A bill to amend the Intel- the implementation of some reforms, owned by different agencies. Rather ligence Reform and Terrorism Preven- including enhanced application proc- than conducting an inventory of the tion Act of 2004 to establish a Security esses, new clearance standards, and current technology in use, as the PAC Clearance and Suitability Performance plans for electronic adjudication and has already done, our bill would re- Accountability Council and for other reevaluation, timeliness of clearances quire a true needs assessment to define purposes; to the Select Committee on has greatly improved. Already, agen- the most effective information tech- Intelligence. cies are generally meeting goals laid nology approach. Mr. AKAKA. Mr. President, today I out by the IRTPA. However, this has Our Subcommittee, under both my am introducing, along with my col- required tremendous effort and a surge leadership and that of Senator league Senator VOINOVICH, the Security in investigation capacity over several Voinovich, has worked in a bipartisan Clearance Modernization and Report- years to address backlogs. manner on this issue seamlessly for ing Act of 2009. The bill that we are introducing several years and our oversight has Since 2005, our Homeland Security today would address the lingering con- yielded positive results. It is vital, and Governmental Affairs Sub- cerns over the clearance process and from both a human capital perspective committee on Oversight of Government help sustain the momentum for reform- and a national security perspective, Management, the Federal Workforce, ing and modernizing the security clear- that security clearances and suit- and the District of Columbia has held a ance and suitability determination ability determinations be of the high- series of six oversight hearings on the processes. est quality and made in a timely man- serious shortfalls of the Federal Gov- First, to ensure accountability in se- ner. We must work to make sure this ernment’s ability to effectively and ef- curity clearance reform and mod- issue is removed from the High-Risk ficiently issue security clearances to ernization, it is necessary to produce List as soon as possible. federal employees and contractors. more detailed timeliness reporting. Mr. President, I ask unanimous con- This issue was placed on the Govern- Today, OMB only reports the average sent that the text of the bill be printed ment Accountability Office’s, GAO, timeliness of the 90 fastest percent of in the RECORD.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12331 There being no objection, the text of ‘‘(9) CONTRACTOR EMPLOYEE FITNESS.—The ‘‘(ii) to conduct investigations for suit- the bill was ordered to be printed in term ‘contractor employee fitness’ means ability determinations for individuals from the RECORD, as follows: fitness based on character and conduct for successful submission of applications to ulti- work for or on behalf of an agency as a con- mate disposition of applications and notifi- S. 2834 tractor employee.’’; cations to the individuals— Be it enacted by the Senate and House of Rep- (12) by inserting after paragraph (10), as re- ‘‘(I) for civilian employees of the United resentatives of the United States of America in designated by paragraph (6), the following: States; Congress assembled, ‘‘(11) FEDERALLY CONTROLLED FACILITIES; ‘‘(II) for members of the Armed Forces of SECTION 1. SHORT TITLE. FEDERALLY CONTROLLED INFORMATION SYS- the United States; and This Act may be cited as the ‘‘Security TEMS.—The term ‘federally controlled facili- ‘‘(III) for contractor employees; and Clearance Modernization and Reporting Act ties’ and ‘federally controlled information ‘‘(B) a listing of the agencies and depart- of 2009’’. systems’ have the meanings prescribed in ments of the United States that have estab- SEC. 2. DEFINITIONS. guidance pursuant to the Federal Informa- lished and utilize policies to accept all secu- Subsection (a) of section 3001 of the Intel- tion Security Management Act of 2002 (title rity clearance background investigations ligence Reform and Terrorism Prevention III of Public Law 107–347; 116 Stat. 2946), the and determinations completed by an author- Act of 2004 (50 U.S.C. 435b) is amended— amendments made by that Act, and Home- ized investigative agency or authorized adju- (1) in the matter preceding paragraph (1) land Security Presidential Directive 12, or dicative agency; by striking ‘‘In this section:’’ and inserting any successor Directive.’’; ‘‘(C) a description of the progress in imple- ‘‘Except as otherwise specifically provided, (13) by inserting after paragraph (12), as re- menting the strategic plan referred to in sec- in this title:’’; designated by paragraph (5), the following: tion 3004; (2) by redesignating paragraph (1) as para- ‘‘(13) LOGICAL ACCESS.—The term ‘logical ‘‘(D) a description of the progress made in graph (2); access’ means, with respect to federally con- implementing the information technology (3) by redesignating paragraph (2) as para- trolled information systems, access other strategy referred to in section 3005;’’. graph (5); than occasional or intermittent access to SEC. 4. SECURITY CLEARANCE AND SUITABILITY (4) by redesignating paragraph (3) as para- federally controlled information systems.’’; graph (4); PERFORMANCE ACCOUNTABILITY (14) by inserting after paragraph (15), as re- COUNCIL. (5) by redesignating paragraph (4) as para- designated by paragraph (7), the following: graph (12); Title III of the Intelligence Reform and ‘‘(16) PHYSICAL ACCESS.—The term ‘physical Terrorism Prevention Act of 2004 (50 U.S.C. (6) by redesignating paragraph (5) as para- access’ means, with respect to federally con- graph (10); 435b et seq.) is amended by adding at the end trolled facilities, access other than occa- the following new section: (7) by redesignating paragraph (6) as para- sional or intermittent access to federally graph (15); controlled facilities. ‘‘SEC. 3003. SECURITY CLEARANCE AND SUIT- (8) by redesignating paragraph (7) as para- ABILITY PERFORMANCE ACCOUNT- ‘‘(17) SENSITIVE POSITION.—The term ‘sen- ABILITY COUNCIL. graph (14); sitive position’ means any position des- ‘‘(a) ESTABLISHMENT.—There is established (9) by redesignating paragraph (8) as para- ignated as a sensitive position under Execu- graph (3); a Security Clearance and Suitability Per- tive Order 10450 or any successor Executive formance Accountability Council (herein- (10) by inserting before paragraph (2), as re- Order. designated by paragraph (2), the following: after referred to as the ‘Council’). ‘‘(18) SUITABILITY.—The term ‘suitability’ ‘‘(b) CHAIR.— ‘‘(1) ADJUDICATION.—The term ‘adjudica- has the meaning of that term in part 731, of tion’ means the evaluation of pertinent data ‘‘(1) DESIGNATION.—The Deputy Director title 5, Code of Federal Regulations or any in a background investigation and any other for Management, Office of Management and successor similar regulation.’’. available information that is relevant and Budget, shall serve as Chair of the Council. SEC. 3. SECURITY CLEARANCE AND SUITABILITY reliable to determine whether an individual ‘‘(2) AUTHORITY.—The Chair of the Council DETERMINATION REPORTING. is— shall have authority, direction, and control (a) EXTENSION OF REPORTING REQUIRE- ‘‘(A) suitable for Federal Government em- over the functions of the Council. MENTS.—Paragraph (1) of section 3001(h) of ployment; the Intelligence Reform and Terrorism Pre- ‘‘(c) VICE CHAIR.—The Chair of the Council ‘‘(B) eligible for logical and physical access vention Act of 2004 (50 U.S.C. 435b(h)) is shall select a Vice Chair to act in the Chair’s to federally controlled information systems; amended by striking ‘‘through 2011,’’ and in- absence. ‘‘(C) eligible for physical access to feder- serting ‘‘until the earlier of the date that is ‘‘(d) MEMBERSHIP.— ally controlled facilities; 2 years after the date that the Comptroller ‘‘(1) IN GENERAL.—The members of the ‘‘(D) eligible for access to classified infor- General of the United States has removed all Council shall include— mation; items related to security clearances from the ‘‘(A) the Chair of the Council; and ‘‘(E) eligible to hold a sensitive position; or list maintained by the Comptroller General ‘‘(B) an appropriate senior officer from ‘‘(F) fit to perform work for or on behalf of known as the High-Risk List or 2017,’’. each of the following: the Federal Government as a contractor em- (b) REPORTS ON SECURITY CLEARANCE RE- ‘‘(i) The Office of the Director of National ployee.’’; VIEW PROCESSES.—Paragraph (2) of such sec- Intelligence. (11) by inserting after paragraph (5), as re- tion 3001(h) is amended— ‘‘(ii) The Department of Defense. designated by paragraph (3), the following: (1) by redesignating subparagraphs (B) and ‘‘(iii) The Office of Personnel Management. ‘‘(6) CLASSIFIED INFORMATION.—The term (C) as subparagraphs (E) and (F), respec- ‘‘(2) OTHER MEMBERS.—The Chair of the ‘classified information’ means information tively; and Council may designate appropriate employ- that has been determined, pursuant to Exec- (2) by striking subparagraph (A) and in- ees of other agencies or departments of the utive Order 12958 (60 Fed. Reg. 19825) or a suc- serting the following: United States as members of the Council. cessor or predecessor order, or the Atomic ‘‘(A) a description of the full range of time ‘‘(e) DUTIES.—The Council shall— Energy Act of 1954 (42 U.S.C. 2011 et seq.), to required to complete initial clearance appli- ‘‘(1) ensure alignment of suitability, secu- require protection against unauthorized dis- cations, including time required by each au- rity, and, as appropriate, contractor em- closure. thorized investigative agency and each au- ployee fitness, investigative, and adjudica- ‘‘(7) CONTINUOUS EVALUATION.—The term thorized adjudicative agency— tive processes; ‘continuous evaluation’ means a review of ‘‘(i) to respond to requests for security ‘‘(2) ensure alignment of investigative re- the background of an individual who has clearances for individuals, including the pe- quirements for suitability determinations been determined to be eligible for access to riods required to initiate security clearance and security clearances to reduce duplica- classified information (including additional investigations, conduct security clearance tion in investigations; or new checks of commercial databases, Gov- investigations, deliver completed investiga- ‘‘(3) oversee the establishment of require- ernment databases, and other information tions to the requesting agency, adjudicate ments for enterprise information tech- lawfully available to security officials) at such requests, make final determinations on nology; any time during the period of eligibility to such requests, and notify individuals and in- ‘‘(4) oversee the development of techniques determine whether that individual continues dividuals’ employers of such determinations, and tools, including information technology, to meet the requirements for eligibility for from date of submission of the requests to for enhancing background investigations and access to classified information. the date of the ultimate disposition of the eligibility determinations and ensure that ‘‘(8) CONTRACTOR.—The term ‘contractor’ requests and notifications, disaggregated by such techniques and tools are utilized; means an expert or consultant, who is not the type of security clearance, including Se- ‘‘(5) ensure that each agency and depart- subject to section 3109 of title 5, United cret, Top Secret, and Top Secret with Spe- ment of the United States establishes and States Code, to an agency, an industrial or cial Program Access, including sensitive utilizes policies for ensuring reciprocal rec- commercial contractor, licensee, certificate compartmented information clearances— ognition of clearances that allow access to holder, or grantee of any agency, including ‘‘(I) for civilian employees of the United classified information granted by all other all subcontractors, a personal services con- States; agencies and departments; tractor, or any other category of person who ‘‘(II) for members of the Armed Forces of ‘‘(6) ensure sharing of best practices among performs work for or on behalf of an agency the United States; and agencies and departments of the United and who is not an employee of an agency. ‘‘(III) for contractor employees; and States;

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12332 CONGRESSIONAL RECORD — SENATE December 3, 2009 ‘‘(7) hold each agency and department of as part of an application for a security clear- clearance reform efforts begun in re- the United States accountable for the imple- ance, and provide security clearance and cent years continue by cosponsoring mentation of suitability, security, and, as suitability determination reform consistent the Security Clearance Modernization appropriate, contractor employee fitness with the strategy required by section 3004(a), and Reporting Act of 2009. processes and procedures; and by carrying out the Enterprise Information ‘‘(8) hold each agency and department of Technology Strategy referred to in the Re- Since the 1990s, the Government’s the United States accountable for recog- port of the Joint Security and Suitability Accountability Office, GAO, has docu- nizing clearances that allow access to classi- Reform Team, dated December 30, 2008. mented problems with the Department fied information granted by all other agen- ‘‘(b) CONTENT.—The strategy required by of Defense’s, DoD, personnel security cies and departments of the United States. subsection (a) shall include— clearance program, and in 2005 added ‘‘(f) ASSIGNMENT OF DUTIES.—The Chair ‘‘(1) a description of information tech- the program to its high-risk list. DoD’s may assign, in whole or in part, to the head nology required to request a security clear- personnel security clearance program of any agency or department of the United ance or suitability investigation; has remained on the 2007 and 2009 high States, solely or jointly, any duty of the ‘‘(2) a description of information tech- Council relating to— nology required to apply for a security clear- risk lists. ‘‘(1) alignment and improvement of inves- ance or suitability investigation; In an effort to address this matter tigations and determinations of suitability; ‘‘(3) a description of information tech- and improve the security clearance ‘‘(2) determinations of contractor em- nology systems needed to support such in- process, Congress set benchmarks for ployee fitness; and vestigations; the time taken to issue clearances in ‘‘(3) determinations of eligibility— ‘‘(4) a description of information tech- the Intelligence Reform and Terrorism ‘‘(A) for logical access to federally con- nology required to transmit common ma- Prevention Act of 2004, IRTPA. IRTPA trolled information systems; chine readable investigation files to agencies also required the President to select a ‘‘(B) for physical access to federally con- for adjudication; trolled facilities; ‘‘(5) a description of information tech- single agency or office to oversee the ‘‘(C) for access to classified information; or nology required to support agency adjudica- security clearance process across the ‘‘(D) to hold a sensitive position.’’. tions of security clearance and suitability federal government and required uni- SEC. 5. STRATEGIC PLAN FOR REFORM. determinations; form policies regarding the security Title III of the Intelligence Reform and ‘‘(6) a description of information tech- clearance process, reciprocal recogni- Terrorism Prevention Act of 2004 (50 U.S.C. nology required to support continuous eval- tion of security clearances among 435b et seq.), as amended by section 4, is fur- uations; agencies, an evaluation of technology ther amended by adding at the end the fol- ‘‘(7) a description of information tech- to expedite security clearance proc- lowing new section: nology required to implement a single repos- itory containing all security clearance and esses, and a plan to reduce the length ‘‘SEC. 3004. SECURITY CLEARANCE AND SUIT- of the security clearance process. ABILITY REFORM STRATEGIC PLAN. suitability determinations of each agency ‘‘(a) REQUIREMENT FOR PLAN.—Not later and department of the United States that is While progress has been made to de- than 90 days after the date of the enactment accessible by each such agency and depart- crease the amount of time it takes to of the Security Clearance Modernization and ment in support of ensuring reciprocal rec- obtain a security clearance, more im- Reporting Act of 2009, the Security Clear- ognition of access to classified information provement is needed to fully reform ance and Suitability Performance Account- among such agencies and departments; the security clearance process, but re- ability Council established in section 3003 ‘‘(8) a description of the efforts of the Secu- form efforts have been delayed this shall develop a strategic plan that identifies rity Clearance and Suitability Performance Council established in section 3003, and each year by an interagency review of the the causes of problems with the issuance of security clearance reform initiatives security clearances and a description of ac- of the Department of Defense, the Office of tions to be taken to correct such problems. Personnel Management, and the Office of the undertaken over the past several years. ‘‘(b) CONTENTS.—The plan required by sub- Director of National Intelligence to carry To ensure that the good work begun section (a) shall include a description of— out the strategy submitted under subsection with passage of IRTPA in 2004, I am ‘‘(1) the clear mission and strategic goals (a); pleased to cosponsor Senator AKAKA’s of the plan; ‘‘(9) the plans of the agencies and depart- legislation that extends IRTPA’s re- ‘‘(2) performance measures to be used to ments of the United States to develop, im- porting requirements relating to secu- determine the effectiveness of security clear- plement, fund, and provide personnel to carry out the strategy submitted under sub- rity clearance reform efforts beyond ance procedures, including measures for the their current 2011 expiration date and quality of security clearance investigations section (a); and adjudications; ‘‘(10) cost estimates to carry out the strat- requires more details in those reports ‘‘(3) a formal communications strategy re- egy submitted under subsection (a); and about the amount of time required by lated to the issuance of security clearances; ‘‘(11) a description of the schedule for car- individual agencies to conduct both se- ‘‘(4) the roles and responsibilities for agen- rying out the strategy submitted under sub- curity clearance investigations and ad- cies participating in security clearance re- section (a).’’. judications. To ensure that efforts form efforts; and SEC. 7. TECHNICAL AND CLERICAL AMEND- begun over the past several years con- ‘‘(5) the long-term funding requirements MENTS. tinue, the bill codifies portions of Ex- (1) TECHNICAL CORRECTION.—The table of for security clearance reform efforts. ecutive Order 13467, which deals with ‘‘(c) SUBMISSION TO CONGRESS.—The plan contents in section 1(b) of the Intelligence required by subsection (a) shall be submitted Reform and Terrorism Prevention Act of 2004 reforming processes related to eligi- to the appropriate committees of Congress. (Public Law 108–458; 118 Stat. 3638) is amend- bility for access to classified informa- ‘‘(d) GOVERNMENT ACCOUNTABILITY OFFICE ed by adding after the item relating to sec- tion. The bill also calls for the develop- REVIEW.—The plan required by subsection (a) tion 3001 the following: ment of the strategic plan GAO has shall be reviewed by the Comptroller General ‘‘Sec. 3002. Security clearances; limita- been asking for since the DoD per- of the United States following its submission tions.’’. sonnel security clearance program was to the appropriate committees of Congress (2) CLERICAL AMENDMENT.—The table of put on its high risk list in 2005 and re- under subsection (c).’’. contents in section 1(b) of the Intelligence quires a more detailed information SEC. 6. INFORMATION TECHNOLOGY STRATEGY. Reform and Terrorism Prevention Act of technology strategy relating to secu- Title III of the Intelligence Reform and 2004, as amended by paragraph (1), is further Terrorism Prevention Act of 2004 (50 U.S.C. rity clearance reform efforts. amended by adding after the item relating to I am proud to cosponsor this bill and 435b et seq.), as amended by sections 4 and 5, section 3002, as added by such paragraph, the is further amended by adding at the end the following: thank the Senator from Hawaii for his following new section: ‘‘Sec. 3003. Security Clearance and Suit- work on this legislation to address ‘‘SEC. 3005. INFORMATION TECHNOLOGY STRAT- ability Performance Account- such an important issue. EGY. ability Council. ‘‘(a) REQUIREMENT FOR STRATEGY.—Not ‘‘Sec. 3004. Security clearance and suit- By Mr. KERRY (for himself, Mr. later than 120 days after the date of the en- ability reform strategic plan. CARDIN, Mr. KAUFMAN, Mrs. actment of the Security Clearance Mod- ‘‘Sec. 3005. Information technology strat- GILLIBRAND, and Mr. MENEN- ernization and Reporting Act of 2009, the Di- egy.’’. DEZ): rector of the Office of Management and Mr. VOINOVICH. Mr. President, I S. 2835. A bill to reduce global warm- Budget shall submit to the appropriate com- mittees of Congress an information tech- rise today to join my good friend and ing pollution through international cli- nology strategy that describes the plans to Chairman on the Oversight of Govern- mate finance, investment, and for expedite investigative and adjudicative proc- ment Management Subcommittee, Sen- other purposes; to the Committee on esses, verify standard information submitted ator AKAKA, to ensure that security Foreign Relations.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12333 Mr. KAUFMAN. Mr. President, I am Whereas for 25 years, the Victims of Crime coaches and players with his wisdom, loy- pleased to join the Chairman of the Act of 1984 has provided funds to States for alty, and warmth; and Foreign Relations Committee and my victim assistance and compensation pro- Whereas the accomplishments of Bobby colleagues to introduce an important grams to support victims of crime and those Bowden on and off the field have come to affected by violent crimes; personify Florida State University: Now, piece of legislation, the International Whereas the Victims of Crime Act of 1984 therefore, be it Climate Change Investment Act of 2009. has enabled approximately 4,400 community- Resolved, That it is the sense of the Senate Climate change is a global issue and based public and private programs to offer that Bobby Bowden is to be commended for only a concerted international re- services to victims of crime, including crisis his monumental achievements. sponse can succeed. This legislation intervention, counseling, guidance, legal ad- f provides key elements of an inter- vocacy, and transportation shelters; national deal that will both protect our Whereas the Victims of Crime Act of 1984 SENATE RESOLUTION 369—TO PER- planet and meet our Nation’s inter- provides assistance and monetary support to MIT THE COLLECTION OF CLOTH- over 4,000,000 victims of crime each year; national responsibilities. Even more ING, TOYS, FOOD, AND Whereas the Crime Victims Fund estab- HOUSEWARES DURING THE HOLI- importantly in these times, it will open lished under the Victims of Crime Act of 1984 the door to a green economy that can DAY SEASON FOR CHARITABLE provides direct services to victims of sexual PURPOSES IN SENATE BUILD- create jobs here for the markets abroad assault, spousal abuse, child abuse, survivors for clean energy goods and services. of homicide victims, elderly victims of abuse INGS Successful global climate negotia- or neglect, victims of drunk drivers, and Mr. MCCONNELL (for himself and tions will create the opportunity for us other such crimes; Mr. REID) submitted the following reso- to transform our own economy, to free Whereas in 2008, the Victims of Crime Act lution; which was considered and of 1984 assisted State crime victim com- agreed to: ourselves from dependence on fossil pensation programs by allocating $432,000,000 fuels from foreign sources, and to cre- to 151,643 victims of violent crime; S. RES. 369 ate the jobs and markets for a new, Whereas since the establishment of the Resolved, sustainable economy. Crime Victims Fund in 1984, nearly SECTION 1. COLLECTION OF CLOTHING, TOYS, This legislation establishes a new $12,000,000,000 in offender-generated, non-tax- FOOD, AND HOUSEWARES DURING framework for a global market in clean payer funds have been deposited into the THE HOLIDAY SEASON FOR CHARI- Crime Victims Fund solely to help victims of TABLE PURPOSES IN SENATE BUILD- energy technologies. A complete agen- INGS. da to confront climate change will in- crime; Whereas the Victims of Crime Act of 1984 (a) IN GENERAL.—Notwithstanding any clude support for our educational base also supports services to victims of Federal other provision of the rules or regulations of and for the research, development, and crimes, by providing funds for victims and the Senate— deployment of clean technologies. A witness coordinators in United States Attor- (1) a Senator, officer, or employee of the climate deal that moves us away from neys’ offices, Federal Bureau of Investiga- Senate may collect from another Senator, fossil fuels will create global demand tion victim-assistance specialists, and the officer, or employee of the Senate within for those technologies. Building capac- Federal Victim Notification System; and Senate buildings nonmonetary donations of Whereas the Victims of Crime Act of 1984 clothing, toys, food, and housewares for ity and encouraging dramatic change charitable purposes related to serving those in other countries will create a pool of also supports important improvements in the victim services field through grants for in need or members of the Armed Services customers for America’s innovators. training and technical assistance and evi- and their families during the holiday season, That global market offers us the best dence-based demonstration projects: Now, if such purposes do not otherwise violate any chance to create a new economy based therefore, be it rule or regulation of the Senate or of Federal on a growing demand for clean energy Resolved, That the Senate recognizes— law; and goods and services—and that will sup- (1) the 25th anniversary of the enactment (2) a Senator, officer, or employee of the port job creation and profits here at of the Victims of Crime Act of 1984 (42 U.S.C. Senate may work with a nonprofit organiza- home. Companies in my home state of 10601 et seq.); and tion with respect to the delivery of dona- tions described in paragraph (1). Delaware and across America are ready (2) the substantial contributions to the Crime Victims Fund made through the (b) EXPIRATION.—The authority provided and eager to seize this opportunity for criminal prosecutions conducted by the Fi- by this resolution shall expire at the end of a world’s worth of new markets. Our nancial Litigation Units of the United States the 1st session of the 111th Congress. smartest investors agree. Attorneys’ offices. f This legislation shows the rest of the f world that we are ready to do our part AMENDMENTS SUBMITTED AND to make a smart, effective, and fair SENATE RESOLUTION 368—EX- PROPOSED international climate change agree- PRESSING THE SENSE OF THE SA 2860. Mr. FEINGOLD submitted an ment work. It sets us on a firm forward SENATE COMMENDING COACH amendment intended to be proposed to footing to lead the way in tomorrow’s BOBBY BOWDEN amendment SA 2786 proposed by Mr. REID green economy. Mr. NELSON of Florida (for himself (for himself, Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to the bill H.R. 3590, to amend the f and Mr. LEMIEUX) submitted the fol- lowing resolution; which was referred Internal Revenue Code of 1986 to modify the SUBMITTED RESOLUTIONS first-time homebuyers credit in the case of to the Committee on the Judiciary: members of the Armed Forces and certain S. RES. 368 other Federal employees, and for other pur- SENATE RESOLUTION 367—RECOG- Whereas Bobby Bowden, over a 44-year ca- poses; which was ordered to lie on the table. NIZING THE 25TH ANNIVERSARY reer during which he coached at Howard Col- SA 2861. Mr. FEINGOLD submitted an lege (now Samford University), West Vir- amendment intended to be proposed to OF THE ENACTMENT OF THE ginia University, and Florida State Univer- amendment SA 2786 proposed by Mr. REID VICTIMS OF CRIME ACT OF 1984 sity, where he has coached for the past 34 (for himself, Mr. BAUCUS, Mr. DODD, and Mr. (42 U.S.C. 10601 ET SEQ.) AND THE years, established a record as one of the HARKIN) to the bill H.R. 3590, supra; which SUBSTANTIAL CONTRIBUTIONS most successful coaches in college football was ordered to lie on the table. TO THE CRIME VICTIMS FUND history; SA 2862. Mr. KOHL (for himself, Mr. GRASS- MADE THROUGH THE CRIMINAL Whereas the 388 coaching victories of LEY, Mr. FEINGOLD, Ms. KLOBUCHAR, Mr. PROSECUTIONS CONDUCTED BY Bobby Bowden are second only to the 393 FRANKEN, Mr. NELSON of Florida, and Mr. THE FINANCIAL LITIGATION coaching victories recorded by Joe Paterno BROWN) submitted an amendment intended at Pennsylvania State University; to be proposed by him to the bill H.R. 3590, UNITS OF THE UNITED STATES Whereas Bobby Bowden coached Florida supra; which was ordered to lie on the table. ATTORNEYS’ OFFICES State University to 2 national champion- SA 2863. Mr. VITTER submitted an amend- Mr. CRAPO (for himself and Ms. ships in 1993 and 1999, and to a bowl game in ment intended to be proposed to amendment KLOBUCHAR) submitted the following every year since 1982, making it the longest SA 2786 proposed by Mr. REID (for himself, resolution; which was referred to the streak in the Nation; Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Committee on the Judiciary: Whereas Bobby Bowden helped promote 164 the bill H.R. 3590, supra; which was ordered student athletes onto careers in the National to lie on the table. S. RES. 367 Football League; SA 2864. Mr. VITTER submitted an amend- Whereas the Victims of Crime Act of 1984 Whereas Bobby Bowden profoundly influ- ment intended to be proposed to amendment has its 25th anniversary this year; enced many professional and collegiate SA 2786 proposed by Mr. REID (for himself,

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12334 CONGRESSIONAL RECORD — SENATE December 3, 2009

Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to the bill H.R. 3590, supra; which was ordered SEC. 3102B. CLINICAL ROTATION DEMONSTRA- the bill H.R. 3590, supra; which was ordered to lie on the table. TION PROJECT. to lie on the table. SA 2879. Mr. CARDIN submitted an amend- (a) ESTABLISHMENT.—Not later than 6 SA 2865. Mr. BURRIS submitted an amend- ment intended to be proposed to amendment months after the date of enactment of this ment intended to be proposed to amendment SA 2786 proposed by Mr. REID (for himself, Act, the Secretary shall establish a dem- SA 2786 proposed by Mr. REID (for himself, Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to onstration project that provides for dem- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to the bill H.R. 3590, supra; which was ordered onstration grants designed to provide finan- the bill H.R. 3590, supra; which was ordered to lie on the table. cial or other incentives to hospitals to at- tract educators and clinical practitioners so to lie on the table. f SA 2866. Mr. SPECTER submitted an that hospitals that serve beneficiaries under amendment intended to be proposed to TEXT OF AMENDMENTS the Medicare program under title XVIII of amendment SA 2786 proposed by Mr. REID the Social Security Act (42 U.S.C. 1395 et SA 2860. Mr. FEINGOLD submitted seq.) who are residents of underserved areas (for himself, Mr. BAUCUS, Mr. DODD, and Mr. an amendment intended to be proposed HARKIN) to the bill H.R. 3590, supra; which may host clinical rotations. was ordered to lie on the table. to amendment SA 2786 proposed by Mr. (b) DURATION OF PROJECT.—The demonstra- SA 2867. Mr. SPECTER submitted an REID (for himself, Mr. BAUCUS, Mr. tion project shall be conducted over a 5-year amendment intended to be proposed to DODD, and Mr. HARKIN) to the bill H.R. period. (c) WAIVER.—The Secretary shall waive amendment SA 2786 proposed by Mr. REID 3590, to amend the Internal Revenue such provisions of titles XI and XVIII of the (for himself, Mr. BAUCUS, Mr. DODD, and Mr. Code of 1986 to modify the first-time Social Security Act (42 U.S.C. 1301 et seq. HARKIN) to the bill H.R. 3590, supra; which homebuyers credit in the case of mem- and 1395 et seq.) as may be necessary to con- was ordered to lie on the table. bers of the Armed Forces and certain duct the demonstration project under this SA 2868. Mr. BURRIS submitted an amend- section. ment intended to be proposed to amendment other Federal employees, and for other (d) REPORTS.—The Secretary shall submit SA 2786 proposed by Mr. REID (for himself, purposes; which was ordered to lie on the table; as follows: to the appropriate committees of Congress Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to interim reports on the demonstration project the bill H.R. 3590, supra; which was ordered Beginning on page 797, strike line 11 and and a final report on such project within 6 to lie on the table. all that follows through page 801, line 4, and months after the conclusion of the project, SA 2869. Mr. NELSON of Florida (for him- insert the following: together with recommendations for such leg- self, Mr. ROCKEFELLER, Mr. BEGICH, Mr. SEC. 3102A. ELIMINATION OF GEOGRAPHIC PHY- islation or administrative action as the Sec- LEAHY, Mr. BROWN, Ms. STABENOW, and Mrs. SICIAN WORK ADJUSTMENT FACTOR retary determines to be appropriate. FROM GEOGRAPHIC INDICES USED SHAHEEN) submitted an amendment intended (e) FUNDING.—Out of any funds in the to be proposed to amendment SA 2786 pro- TO ADJUST PAYMENTS UNDER THE PHYSICIAN FEE SCHEDULE. Treasury not otherwise appropriated, there posed by Mr. REID (for himself, Mr. BAUCUS, are appropriated to the Secretary to carry Mr. DODD, and Mr. HARKIN) to the bill H.R. (a) FINDINGS.—Congress finds the fol- lowing: out this section, $20,000,000. 3590, supra; which was ordered to lie on the (f) DEFINITIONS.—In this section: (1) Variations in the geographic physician table. (1) HOSPITAL.—The term ‘‘hospital’’ means work adjustment factors under section SA 2870. Mr. WHITEHOUSE proposed an a subsection (d) hospital (as defined in sec- 1848(e) of the Social Security Act (42 U.S.C. amendment to amendment SA 2786 proposed tion 1886(d)(1)(B) of the Social Security Act 1395w–4(e)) result in inequity between local- by Mr. REID (for himself, Mr. BAUCUS, Mr. (42 U.S.C. 1395ww(d)(1)(B))) that had indirect ities in payments under the Medicare physi- DODD, and Mr. HARKIN) to the bill H.R. 3590, or direct costs of medical education during cian fee schedule. supra. the most recent cost reporting period pre- (2) Beneficiaries under the Medicare pro- SA 2871. Mr. BROWN (for himself and Mrs. ceding the date of enactment of this Act. gram that reside in areas where such adjust- HUTCHISON) submitted an amendment in- (2) SECRETARY.—The term ‘‘Secretary’’ ment factors are high have relatively more tended to be proposed to amendment SA 2786 means the Secretary of Health and Human access to services that are paid based on proposed by Mr. REID (for himself, Mr. BAU- Services. such fee schedule. CUS, Mr. DODD, and Mr. HARKIN) to the bill (3) UNDERSERVED AREA.—The term ‘‘under- (3) There are a number of studies indi- H.R. 3590, supra; which was ordered to lie on served area’’ means such medically under- cating that the market for health care pro- the table. served urban areas and medically under- fessionals has become nationalized and his- SA 2872. Mr. BROWN submitted an amend- served rural areas as the Secretary may torically low labor costs in rural and small ment intended to be proposed to amendment specify. SA 2786 proposed by Mr. REID (for himself, urban areas have disappeared. (4) Elimination of the adjustment factors SEC. 3102C. MEDICARE RURAL HEALTH CARE Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to QUALITY IMPROVEMENT DEM- the bill H.R. 3590, supra; which was ordered described in paragraph (1) would equalize the ONSTRATION PROJECTS. to lie on the table. reimbursement rate for services reimbursed (a) ESTABLISHMENT.— SA 2873. Mr. BROWN submitted an amend- under the Medicare physician fee schedule (1) IN GENERAL.—Not later than 6 months ment intended to be proposed to amendment while remaining budget-neutral. after the date of enactment of this Act, the SA 2786 proposed by Mr. REID (for himself, (b) ELIMINATION.—Section 1848(e) of the So- Secretary of Health and Human Services (in Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to cial Security Act (42 U.S.C. 1395w–4(e)) is this section referred to as the ‘‘Secretary’’) the bill H.R. 3590, supra; which was ordered amended— shall establish not more that 10 demonstra- to lie on the table. (1) in paragraph (1)(A)(iii), by striking ‘‘an tion projects to provide for improvements, as SA 2874. Mr. BROWN submitted an amend- index’’ and inserting ‘‘for services provided recommended by the Institute of Medicine, ment intended to be proposed to amendment before January 1, 2010, an index’’; and in the quality of health care provided to in- SA 2786 proposed by Mr. REID (for himself, (2) in paragraph (2), by inserting ‘‘, for dividuals residing in rural areas. Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to services provided before January 1, 2010,’’ (2) ACTIVITIES.—Activities under the the bill H.R. 3590, supra; which was ordered after ‘‘paragraph (4)), and’’. projects may include public health surveil- to lie on the table. (c) BUDGET NEUTRALITY ADJUSTMENT FOR lance, emergency room videoconferencing, SA 2875. Mr. BROWN submitted an amend- ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK virtual libraries, telemedicine, electronic ment intended to be proposed to amendment ADJUSTMENT FACTOR.—Section 1848(d) of the health records, data exchange networks, and SA 2786 proposed by Mr. REID (for himself, Social Security Act (42 U.S.C. 1395w–4(d)) is any other activities determined appropriate Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to amended— by the Secretary. (1) in paragraph (1)(A), by striking ‘‘The the bill H.R. 3590, supra; which was ordered (3) CONSULTATION.—The Secretary shall to lie on the table. conversion’’ and inserting ‘‘Subject to para- consult with the Office of Rural Health Pol- SA 2876. Mr. BROWN submitted an amend- graph (10), the conversion’’; and icy of the Health Resources and Services Ad- ment intended to be proposed to amendment (2) by adding at the end the following new ministration, the Agency for Healthcare Re- SA 2786 proposed by Mr. REID (for himself, paragraph: search and Quality, and the Centers for Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to ‘‘(10) BUDGET NEUTRALITY ADJUSTMENT FOR Medicare & Medicaid Services in carrying the bill H.R. 3590, supra; which was ordered ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK out the provisions of this section. to lie on the table. ADJUSTMENT FACTOR.—Before applying an up- (b) DURATION.—Each demonstration project SA 2877. Mr. BROWN submitted an amend- date for a year under this subsection, the under this section shall be conducted over a ment intended to be proposed to amendment Secretary shall (if necessary) provide for an 4-year period. SA 2786 proposed by Mr. REID (for himself, adjustment to the conversion factor for that (c) DEMONSTRATION PROJECT SITES.—The Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to year to ensure that the aggregate payments Secretary shall ensure that the demonstra- the bill H.R. 3590, supra; which was ordered under this part in that year shall be equal to tion projects under this section are con- to lie on the table. aggregate payments that would have been ducted at a variety of sites representing the SA 2878. Mr. CARDIN submitted an amend- made under such part in that year if the diversity of rural communities in the United ment intended to be proposed to amendment amendments made by section 3102A(b) of the States. SA 2786 proposed by Mr. REID (for himself, Patient Protection and Affordable Care Act (d) WAIVER.—The Secretary shall waive Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to had not been enacted.’’. such provisions of titles XI and XVIII of the

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12335 Social Security Act (42 U.S.C. 1301 et seq. by an organization that has substantial ex- ‘‘(6) the time period between the date of and 1395 et seq.) as may be necessary to con- pertise in pediatric education, pediatric med- the agreement conveying value to the ANDA duct the demonstration projects under this icine, and electrophysiology and sudden filer and the date of the settlement of the section. death,’’; and patent infringement claim; and (e) INDEPENDENT EVALUATION.—The Sec- (2) in the first sentence of subsection (e), ‘‘(7) any other factor that the fact finder, retary shall enter into an arrangement with by striking ‘‘fiscal year 2003’’ and all that in its discretion, deems relevant to its deter- an entity that has experience working di- follows through ‘‘2006’’ and inserting ‘‘for mination of competitive effects under this rectly with rural health systems for the con- each of fiscal years 2003 through 2014’’. subsection. duct of an independent evaluation of the ‘‘(c) LIMITATIONS.—In determining whether demonstration projects conducted under this SA 2862. Mr. KOHL (for himself, Mr. the settling parties have met their burden section. GRASSLEY, Mr. FEINGOLD, Ms. under subsection (a)(2)(B), the fact finder (f) REPORTS.—The Secretary shall submit KLOBUCHAR, Mr. FRANKEN, Mr. NELSON shall not presume— to the appropriate committees of Congress ‘‘(1) that entry would not have occurred of Florida, and Mr. BROWN) submitted interim reports on each demonstration until the expiration of the relevant patent or project and a final report on such project an amendment intended to be proposed statutory exclusivity; or within 6 months after the conclusion of the by him to the bill H.R. 3590, to amend ‘‘(2) that the agreement’s provision for project. Such reports shall include rec- the Internal Revenue Code of 1986 to entry of the ANDA product prior to the expi- ommendations regarding the expansion of modify the first-time homebuyers cred- ration of the relevant patent or statutory ex- the project to other areas and recommenda- it in the case of members of the Armed clusivity means that the agreement is pro- tions for such other legislative or adminis- Forces and certain other Federal em- competitive, although such evidence may be trative action as the Secretary determines ployees, and for other purposes; which relevant to the fact finder’s determination appropriate. under this section. (g) FUNDING.—Out of any funds in the was ordered to lie on the table; as fol- ‘‘(d) EXCLUSIONS.—Nothing in this section Treasury not otherwise appropriated, there lows: shall prohibit a resolution or settlement of a are appropriated to the Secretary to carry At the appropriate place, insert the fol- patent infringement claim in which the con- out this section, $50,000,000. lowing: sideration granted by the NDA holder to the SEC. 3102D. ENSURING PROPORTIONAL REP- TITLE ll—PRESERVE ACCESS TO ANDA filer as part of the resolution or set- RESENTATION OF INTERESTS OF AFFORDABLE GENERICS ACT tlement includes only one or more of the fol- RURAL AREAS ON THE MEDICARE lowing: PAYMENT ADVISORY COMMISSION. SEC. l01. SHORT TITLE. ‘‘(1) The right to market the ANDA prod- (a) IN GENERAL.—Section 1805(c)(2) of the This title may be cited as the ‘‘Preserve uct in the United States prior to the expira- Social Security Act (42 U.S.C. 1395b–6(c)(2)) is Access to Affordable Generics Act’’. tion of— amended— SEC. l02. UNLAWFUL COMPENSATION FOR ‘‘(A) any patent that is the basis for the (1) in subparagraph (A), by inserting ‘‘con- DELAY. patent infringement claim; or sistent with subparagraph (E)’’ after ‘‘rural (a) IN GENERAL.—The Federal Trade Com- ‘‘(B) any patent right or other statutory representatives’’; and mission Act (15 U.S.C. 44 et seq.) is amended exclusivity that would prevent the mar- (2) by adding at the end the following new by— keting of such drug. subparagraph: (1) redesignating section 28 as section 29; ‘‘(2) A payment for reasonable litigation ‘‘(E) PROPORTIONAL REPRESENTATION OF IN- and expenses not to exceed $7,500,000. TERESTS OF RURAL AREAS.—In order to pro- (2) inserting before section 29, as redesig- ‘‘(3) A covenant not to sue on any claim vide a balance between urban and rural rep- nated, the following: that the ANDA product infringes a United resentatives under subparagraph (A), the ‘‘SEC. 28. PRESERVING ACCESS TO AFFORDABLE States patent. proportion of members who represent the in- GENERICS. ‘‘(e) REGULATIONS AND ENFORCEMENT.— terests of health care providers and Medicare ‘‘(a) IN GENERAL.— ‘‘(1) REGULATIONS.—The Federal Trade beneficiaries located in rural areas shall be ‘‘(1) ENFORCEMENT PROCEEDING.—The Fed- Commission may issue, in accordance with no less than the proportion, of the total eral Trade Commission may initiate a pro- section 553 of title 5, United States Code, number of Medicare beneficiaries, who reside ceeding to enforce the provisions of this sec- regulations implementing and interpreting in rural areas.’’. tion against the parties to any agreement re- this section. These regulations may exempt (b) EFFECTIVE DATE.—The amendments solving or settling, on a final or interim certain types of agreements described in sub- made by subsection (a) shall apply with re- basis, a patent infringement claim, in con- section (a) if the Commission determines spect to appointments made to the Medicare nection with the sale of a drug product. such agreements will further market com- Payment Advisory Commission after the ‘‘(2) PRESUMPTION.— petition and benefit consumers. Judicial re- date of the enactment of this Act. ‘‘(A) IN GENERAL.—Subject to subparagraph view of any such regulation shall be in the SEC. 3102E. IMPLEMENTATION OF GAO REC- (B), in such a proceeding, an agreement shall United States District Court for the District OMMENDATIONS REGARDING GEO- be presumed to have anticompetitive effects of Columbia pursuant to section 706 of title GRAPHIC ADJUSTMENT INDICES and be unlawful if— 5, United States Code. UNDER THE MEDICARE PHYSICIAN ‘‘(i) an ANDA filer receives anything of ‘‘(2) ENFORCEMENT.—A violation of this sec- FEE SCHEDULE. value; and Not later than 180 days after the date of tion shall be treated as a violation of section ‘‘(ii) the ANDA filer agrees to limit or fore- 5. enactment of this Act, the Secretary of go research, development, manufacturing, Health and Human Services shall implement ‘‘(3) JUDICIAL REVIEW.—Any person, part- marketing, or sales of the ANDA product for nership or corporation that is subject to a the recommendations contained in the any period of time. March 2005 GAO report 05–119 entitled ‘‘Medi- final order of the Commission, issued in an ‘‘(B) EXCEPTION.—The presumption in sub- care Physician Fees: Geographic Adjustment administrative adjudicative proceeding paragraph (A) shall not apply if the parties under the authority of subsection (a)(1), Indices are Valid in Design, but Data and to such agreement demonstrate by clear and Methods Need Refinement.’’. may, within 30 days of the issuance of such convincing evidence that the procompetitive order, petition for review of such order in the SA 2861. Mr. FEINGOLD submitted benefits of the agreement outweigh the anti- United States Court of Appeals for the Dis- competitive effects of the agreement. trict of Columbia Circuit or the United an amendment intended to be proposed ‘‘(b) COMPETITIVE FACTORS.—In deter- to amendment SA 2786 proposed by Mr. States Court of Appeals for the circuit in mining whether the settling parties have which the ultimate parent entity, as defined REID (for himself, Mr. BAUCUS, Mr. met their burden under subsection (a)(2)(B), at 16 C.F.R. 801.1(a)(3), of the NDA holder is DODD, and Mr. HARKIN) to the bill H.R. the fact finder shall consider— incorporated as of the date that the NDA is 3590, to amend the Internal Revenue ‘‘(1) the length of time remaining until the filed with the Secretary of the Food and Code of 1986 to modify the first-time end of the life of the relevant patent, com- Drug Administration, or the United States homebuyers credit in the case of mem- pared with the agreed upon entry date for Court of Appeals for the circuit in which the bers of the Armed Forces and certain the ANDA product; ultimate parent entity of the ANDA filer is ‘‘(2) the value to consumers of the competi- incorporated as of the date that the ANDA is other Federal employees, and for other tion from the ANDA product allowed under purposes; which was ordered to lie on filed with the Secretary of the Food and the agreement; Drug Administration. In such a review pro- the table; as follows: ‘‘(3) the form and amount of consideration ceeding, the findings of the Commission as to At the appropriate place in subtitle C of received by the ANDA filer in the agreement the facts, if supported by evidence, shall be title IV, insert the following: resolving or settling the patent infringement conclusive. SEC. 4ll. AUTOMATED DEFIBRILLATION IN claim; ‘‘(f) ANTITRUST LAWS.—Nothing in this sec- ADAM’S MEMORY ACT. ‘‘(4) the revenue the ANDA filer would tion shall be construed to modify, impair or Section 312 of the Public Health Service have received by winning the patent litiga- supersede the applicability of the antitrust Act (42 U.S.C. 244) is amended— tion; laws as defined in subsection (a) of the 1st (1) in subsection (c)(6), after ‘‘clearing- ‘‘(5) the reduction in the NDA holder’s rev- section of the Clayton Act (15 U.S.C. 12(a)) house’’ insert ‘‘, that shall be administered enues if it had lost the patent litigation; and of section 5 of this Act to the extent that

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12336 CONGRESSIONAL RECORD — SENATE December 3, 2009 section 5 applies to unfair methods of com- any other agreement that is contingent (2) striking the period and inserting ‘‘; petition. Nothing in this section shall mod- upon, provides a contingent condition for, or and’’; and ify, impair, limit or supersede the right of an is otherwise related to the resolution or set- (3) inserting at the end the following: ANDA filer to assert claims or counterclaims tlement of the claim. ‘‘(2) any other agreement the parties enter against any person, under the antitrust laws ‘‘(3) ANDA.—The term ‘ANDA’ means an into within 30 days of entering into an agree- or other laws relating to unfair competition. abbreviated new drug application, as defined ment covered by subsection (a) or (b).’’. ‘‘(g) PENALTIES.— under section 505(j) of the Federal Food, (b) CERTIFICATION OF AGREEMENTS.—Sec- ‘‘(1) FORFEITURE.—Each person, partner- Drug, and Cosmetic Act (21 U.S.C. 355(j)). tion 1112 of such Act is amended by adding at ship or corporation that violates or assists in ‘‘(4) ANDA FILER.—The term ‘ANDA filer’ the end the following: the violation of this section shall forfeit and means a party who has filed an ANDA with ‘‘(d) CERTIFICATION.—The Chief Executive pay to the United States a civil penalty suf- the Food and Drug Administration. Officer or the company official responsible ficient to deter violations of this section, but ‘‘(5) ANDA PRODUCT.—The term ‘ANDA for negotiating any agreement required to be in no event greater than 3 times the value product’ means the product to be manufac- filed under subsection (a), (b), or (c) shall received by the party that is reasonably at- tured under the ANDA that is the subject of execute and file with the Assistant Attorney tributable to a violation of this section. If no the patent infringement claim. General and the Commission a certification such value has been received by the NDA ‘‘(6) DRUG PRODUCT.—The term ‘drug prod- as follows: ‘I declare that the following is holder, the penalty to the NDA holder shall uct’ means a finished dosage form (e.g., tab- true, correct, and complete to the best of my be shall be sufficient to deter violations, but let, capsule, or solution) that contains a knowledge: The materials filed with the Fed- in no event greater than 3 times the value drug substance, generally, but not nec- eral Trade Commission and the Department given to the ANDA filer reasonably attrib- essarily, in association with 1 or more other of Justice under section 1112 of subtitle B of utable to the violation of this section. Such ingredients, as defined in section 314.3(b) of title XI of the Medicare Prescription Drug, penalty shall accrue to the United States title 21, Code of Federal Regulations. Improvement, and Modernization Act of 2003, and may be recovered in a civil action ‘‘(7) NDA.—The term ‘NDA’ means a new with respect to the agreement referenced in brought by the Federal Trade Commission, drug application, as defined under section this certification: (1) represent the complete, in its own name by any of its attorneys des- 505(b) of the Federal Food, Drug, and Cos- final, and exclusive agreement between the ignated by it for such purpose, in a district metic Act (21 U.S.C. 355(b)). parties; (2) include any ancillary agreements court of the United States against any per- ‘‘(8) NDA HOLDER.—The term ‘NDA holder’ that are contingent upon, provide a contin- son, partnership or corporation that violates means— gent condition for, or are otherwise related this section. In such actions, the United ‘‘(A) the party that received FDA approval to, the referenced agreement; and (3) include States district courts are empowered to to market a drug product pursuant to an written descriptions of any oral agreements, grant mandatory injunctions and such other NDA; representations, commitments, or promises and further equitable relief as they deem ap- ‘‘(B) a party owning or controlling enforce- between the parties that are responsive to propriate. ment of the patent listed in the Approved subsection (a) or (b) of such section 1112 and ‘‘(2) CEASE AND DESIST.— Drug Products With Therapeutic Equiva- have not been reduced to writing.’.’’. ‘‘(A) IN GENERAL.—If the Commission has l issued a cease and desist order with respect lence Evaluations (commonly known as the SEC. 04. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD. to a person, partnership or corporation in an ‘FDA Orange Book’) in connection with the NDA; or Section 505(j)(5)(D)(i)(V) of the Federal administrative adjudicative proceeding Food, Drug and Cosmetic Act (21 U.S.C. under the authority of subsection (a)(1), an ‘‘(C) the predecessors, subsidiaries, divi- 355(j)(5)(D)(i)(V)) is amended by inserting action brought pursuant to paragraph (1) sions, groups, and affiliates controlled by, ‘‘section 28 of the Federal Trade Commission may be commenced against such person, controlling, or under common control with Act or’’ after ‘‘that the agreement has vio- partnership or corporation at any time be- any of the entities described in subpara- lated’’. fore the expiration of one year after such graphs (A) and (B) (such control to be pre- order becomes final pursuant to section 5(g). sumed by direct or indirect share ownership SEC. l05. COMMISSION LITIGATION AUTHORITY. Section 16(a)(2) of the Federal Trade Com- ‘‘(B) EXCEPTION.—In an action under sub- of 50 percent or greater), as well as the li- paragraph (A), the findings of the Commis- censees, licensors, successors, and assigns of mission Act (15 U.S.C. 56(a)(2)) is amended— sion as to the material facts in the adminis- each of the entities. (1) in subparagraph (D), by striking ‘‘or’’ trative adjudicative proceeding with respect ‘‘(9) PATENT INFRINGEMENT.—The term ‘pat- after the semicolon; to such person’s, partnership’s or corpora- ent infringement’ means infringement of any (2) in subparagraph (E), by inserting ‘‘or’’ tion’s violation of this section shall be con- patent or of any filed patent application, ex- after the semicolon; and clusive unless— tension, reissue, renewal, division, continu- (3) inserting after subparagraph (E) the fol- ‘‘(i) the terms of such cease and desist ation, continuation in part, reexamination, lowing: order expressly provide that the Commis- patent term restoration, patents of addition ‘‘(F) under section 28;’’. sion’s findings shall not be conclusive; or and extensions thereof. SEC. l06. STATUTE OF LIMITATIONS. ‘‘(ii) the order became final by reason of ‘‘(10) PATENT INFRINGEMENT CLAIM.—The The Commission shall commence any en- section 5(g)(1), in which case such finding term ‘patent infringement claim’ means any forcement proceeding described in section 28 shall be conclusive if supported by evidence. allegation made to an ANDA filer, whether of the Federal Trade Commission Act, as ‘‘(3) CIVIL PENALTY.—In determining the or not included in a complaint filed with a added by section l02, except for an action amount of the civil penalty described in this court of law, that its ANDA or ANDA prod- described in section 28(g)(2) of the Federal section, the court shall take into account— uct may infringe any patent held by, or ex- Trade Commission Act, not later than 3 ‘‘(A) the nature, circumstances, extent, clusively licensed to, the NDA holder of the years after the date on which the parties to and gravity of the violation; drug product. the agreement file the Notice of Agreement ‘‘(B) with respect to the violator, the de- ‘‘(11) STATUTORY EXCLUSIVITY.—The term as provided by sections 1112(c)(2) and (d) of gree of culpability, any history of violations, ‘statutory exclusivity’ means those prohibi- the Medicare Prescription Drug Improve- the ability to pay, any effect on the ability tions on the approval of drug applications ment and Modernization Act of 2003 (21 to continue doing business, profits earned by under clauses (ii) through (iv) of section U.S.C. 355 note). the NDA holder, compensation received by 505(c)(3)(E) (5- and 3-year data exclusivity), SEC. l07. SEVERABILITY. the ANDA filer, and the amount of com- section 527 (orphan drug exclusivity), or sec- If any provision of this title, an amend- merce affected; and tion 505A (pediatric exclusivity) of the Fed- ment made by this title, or the application ‘‘(C) other matters that justice requires. eral Food, Drug, and Cosmetic Act .’’. of such provision or amendment to any per- ‘‘(4) REMEDIES IN ADDITION.—Remedies pro- (b) EFFECTIVE DATE.—Section 28 of the son or circumstance is held to be unconstitu- vided in this subsection are in addition to, Federal Trade Commission Act, as added by tional, the remainder of this title, the and not in lieu of, any other remedy provided this section, shall apply to all agreements amendments made by this title, and the ap- by Federal law. Nothing in this paragraph described in section 28(a)(1) of that Act en- plication of the provisions of such title or shall be construed to affect any authority of tered into after November 15, 2009. Section amendments to any person or circumstance the Commission under any other provision of 28(g) of the Federal Trade Commission Act, shall not be affected thereby. law. as added by this section, shall not apply to ‘‘(h) DEFINITIONS.—In this section: agreements entered into before the date of SA 2863. Mr. VITTER submitted an ‘‘(1) AGREEMENT.—The term ‘agreement’ enactment of this title. amendment intended to be proposed to means anything that would constitute an SEC. l03. NOTICE AND CERTIFICATION OF amendment SA 2786 proposed by Mr. agreement under section 1 of the Sherman AGREEMENTS. REID (for himself, Mr. BAUCUS, Mr. Act (15 U.S.C. 1) or section 5 of this Act. (a) NOTICE OF ALL AGREEMENTS.—Section DODD, and Mr. HARKIN) to the bill H.R. ‘‘(2) AGREEMENT RESOLVING OR SETTLING A 1112(c)(2) of the Medicare Prescription Drug, 3590, to amend the Internal Revenue PATENT INFRINGEMENT CLAIM.—The term Improvement, and Modernization Act of 2003 ‘agreement resolving or settling a patent in- (21 U.S.C. 355 note) is amended by— Code of 1986 to modify the first-time fringement claim’ includes any agreement (1) striking ‘‘the Commission the’’ and in- homebuyers credit in the case of mem- that is entered into within 30 days of the res- serting the following: ‘‘the Commission— bers of the Armed Forces and certain olution or the settlement of the claim, or ‘‘(1) the’’; other Federal employees, and for other

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12337 purposes; which was ordered to lie on ‘‘(5) PRESCRIPTION DRUG.—The term ‘pre- ‘‘(e) TESTING.—The regulations under sub- the table; as follows: scription drug’ means a drug subject to sec- section (b) shall require that the testing de- At the end, add the following: tion 503(b), other than— scribed under subparagraphs (I) and (K) of ‘‘(A) a controlled substance (as defined in subsection (d)(1) be conducted by the im- TITLE X—IMPORTATION OF section 102 of the Controlled Substances Act porter of the qualifying drug, unless the PRESCRIPTION DRUGS (21 U.S.C. 802)); qualifying drug is subject to the require- SEC. 10001. SHORT TITLE. ‘‘(B) a biological product (as defined in sec- ments under section 505E for counterfeit-re- This title may be cited as the ‘‘Pharma- tion 351 of the Public Health Service Act (42 sistant technologies.’’. ceutical Market Access Act of 2009’’ U.S.C. 262)); (f) REGISTRATION OF EXPORTERS; INSPEC- SEC. 10002. PURPOSES. ‘‘(C) an infused drug (including a peri- TIONS.—Section 804(f) of the Federal Food, The purposes of this title are to— toneal dialysis solution); Drug, and Cosmetic Act (21 U.S.C. 384(f)) is (1) give all Americans immediate relief ‘‘(D) an intravenously injected drug; amended to read as follows: from the outrageously high cost of pharma- ‘‘(E) a drug that is inhaled during surgery; ‘‘(f) REGISTRATION OF EXPORTERS; INSPEC- ceuticals; or TIONS.— (2) reverse the perverse economics of the ‘‘(F) a drug which is a parenteral drug, the American pharmaceutical market; ‘‘(1) IN GENERAL.—Any person that seeks to importation of which pursuant to subsection be a registered exporter (referred to in this (3) allow the importation of prescription (b) is determined by the Secretary to pose a subsection as the ‘registrant’) shall submit drugs only if the drugs and facilities where threat to the public health, in which case to the Secretary a registration that includes such drugs are manufactured are approved section 801(d)(1) shall continue to apply. the following: by the Food and Drug Administration, and to ‘‘(6) QUALIFYING DRUG.—The term ‘quali- ‘‘(A) The name of the registrant and identi- exclude pharmaceutical narcotics; and fying drug’ means a prescription drug that— fication of all places of business of the reg- (4) ensure continued integrity to the pre- ‘‘(A) is approved pursuant to an applica- istrant that relate to qualifying drugs, in- scription drug supply of the United States tion submitted under section 505(b)(1); and cluding each warehouse or other facility by— ‘‘(B) is not— owned or controlled by, or operated for, the (A) requiring that imported prescription ‘‘(i) a drug manufactured through 1 or drugs be packaged and shipped using coun- more biotechnology processes; registrant. terfeit-resistant technologies; ‘‘(ii) a drug that is required to be refrig- ‘‘(B) An agreement by the registrant to— (B) requiring Internet pharmacies to reg- erated; or ‘‘(i) make its places of business that relate ister with the United States Government for ‘‘(iii) a photoreactive drug. to qualifying drugs (including warehouses and other facilities owned or controlled by, Americans to verify authenticity before pur- ‘‘(7) QUALIFYING INTERNET PHARMACY.—The chases over the Internet; term ‘qualifying Internet pharmacy’ means a or operated for, the exporter) and records (C) requiring all foreign sellers to register registered exporter that dispenses qualifying available to the Secretary for on-site inspec- with United States Government and submit drugs to individuals over an Internet Web tions, without prior notice, for the purpose to facility inspections by the Government site. of determining whether the registrant is in without prior notice; and ‘‘(8) QUALIFYING LABORATORY.—The term compliance with this Act’s requirements; (D) limiting the eligible countries from ‘qualifying laboratory’ means a laboratory ‘‘(ii) export only qualifying drugs; which prescription drugs may be imported to in the United States that has been approved ‘‘(iii) export only to persons authorized to Canada, member countries of the European by the Secretary for the purposes of this sec- import the drugs; Union, and other highly industrialized na- tion. ‘‘(iv) notify the Secretary of a recall or tions with safe pharmaceutical infrastruc- ‘‘(9) REGISTERED EXPORTER.—The term ‘reg- withdrawal of a qualifying drug distributed tures. istered exporter’ means a person that is in in a permitted country to or from which the registrant has exported or imported, or in- SEC. 10003. AMENDMENTS TO SECTION 804 OF the business of exporting a drug to persons THE FEDERAL FOOD, DRUG, AND in the United States (or that seeks to be in tends to export or import, to the United COSMETIC ACT. such business), for which a registration States; (a) DEFINITIONS.—Section 804(a) of the Fed- under this section has been approved and is ‘‘(v) monitor compliance with registration eral Food, Drug, and Cosmetic Act (21 U.S.C. in effect. conditions and report any noncompliance 384(a)) is amended to read as follows: ‘‘(10) WHOLESALER.— promptly; ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) IN GENERAL.—The term ‘wholesaler’ ‘‘(vi) submit a compliance plan showing ‘‘(1) IMPORTER.—The term ‘importer’ means means a person licensed as a wholesaler or how the registrant will correct violations, if a pharmacy, group of pharmacies, phar- distributor of prescription drugs in the any; and macist, or wholesaler. United States under section 503(e)(2)(A). ‘‘(vii) promptly notify the Secretary of ‘‘(2) PERMITTED COUNTRY.—The term ‘per- ‘‘(B) EXCLUSION.—The term ‘wholesaler’ changes in the registration information of mitted country’ means Australia, Canada, does not include a person authorized to im- the registrant. Israel, Japan, New Zealand, Switzerland, port drugs under section 801(d)(1).’’. ‘‘(2) NOTICE OF APPROVAL OR DIS- South Africa, Austria, Belgium, Denmark, (b) REGULATIONS.—Section 804(b) of the APPROVAL.— Finland, France, Germany, Greece, Ireland, Federal Food, Drug, and Cosmetic Act (21 ‘‘(A) IN GENERAL.—Not later than 90 days Italy, Luxemburg, Netherlands, Portugal, U.S.C. 384(b)) is amended to read as follows: after receiving a completed registration Spain, Sweden, the United Kingdom, Iceland, ‘‘(b) REGULATIONS.—Not later than 180 days from a registrant, the Secretary shall— Liechtenstein, and Norway, except that the after the date of enactment of the Pharma- ‘‘(i) notify such registrant of receipt of the Secretary— ceutical Market Access Act of 2009, the Sec- registration; ‘‘(A) may add a country, union, or eco- retary, after consultation with the United ‘‘(ii) assign such registrant a registration nomic area as a permitted country for pur- States Trade Representative and the Com- number; and poses of this section if the Secretary deter- missioner of the U.S. Customs and Border ‘‘(iii) approve or disapprove the applica- mines that the country, union, or economic Protection, shall promulgate regulations tion. area has a pharmaceutical infrastructure permitting pharmacists, pharmacies, and ‘‘(B) DISAPPROVAL OF APPLICATION.— that is substantially equivalent or superior wholesalers to import qualifying drugs from ‘‘(i) IN GENERAL.—The Secretary shall dis- to the pharmaceutical infrastructure of the permitted countries into the United approve a registration, and notify the reg- United States, taking into consideration States.’’. istrant of such disapproval, if the Secretary (c) LIMITATION.—Section 804(c) of the Fed- pharmacist qualifications, pharmacy storage has reason to believe that such registrant is eral Food, Drug, and Cosmetic Act (21 U.S.C. procedures, the drug distribution system, the 384(c)) is amended by striking ‘‘prescription not in compliance with a registration condi- drug dispensing system, and market regula- drug’’ each place it appears and inserting tion. tion; and ‘‘qualifying drug’’. ‘‘(ii) SUBSEQUENT APPROVAL.—The Sec- ‘‘(B) may remove a country, union, or eco- (d) INFORMATION AND RECORDS.—Section retary may subsequently approve a registra- nomic area as a permitted country for pur- 804(d)(1) of the Federal Food, Drug, and Cos- tion that was denied under clause (i) if the poses of this section if the Secretary deter- metic Act (21 U.S.C. 384(d)(1)) is amended— Secretary finds that the registrant is in com- mines that the country, union, or economic (1) by striking subparagraph (G) and redes- pliance with all registration conditions. area does not have such a pharmaceutical in- ignating subparagraphs (H) through (N) as ‘‘(3) LIST.—The Secretary shall— frastructure. subparagraphs (G) through (M), respectively; ‘‘(A) maintain an up-to-date list of reg- ‘‘(3) PHARMACIST.—The term ‘pharmacist’ (2) in subparagraph (H) (as so redesig- istered exporters (including qualifying Inter- means a person licensed by the relevant gov- nated), by striking ‘‘telephone number, and net pharmacies that sell qualifying drugs to ernmental authority to practice pharmacy, professional license number (if any)’’ and in- individuals); including the dispensing and selling of pre- serting ‘‘and telephone number’’; and ‘‘(B) make such list available to the public scription drugs. (3) in subparagraph (L) (as so redesig- on the Internet Web site of the Food and ‘‘(4) PHARMACY.—The term ‘pharmacy’ nated), by striking ‘‘(J) and (L)’’ and insert- Drug Administration and via a toll-free tele- means a person that is licensed by the rel- ing ‘‘(I) and (K)’’. phone number; and evant governmental authority to engage in (e) TESTING.—Section 804(e) of the Federal ‘‘(C) update such list promptly after the the business of selling prescription drugs Food, Drug, and Cosmetic Act (21 U.S.C. approval of a registration under this sub- that employs 1 or more pharmacists. 384(e)) is amended to read as follows: section.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12338 CONGRESSIONAL RECORD — SENATE December 3, 2009

‘‘(4) EDUCATION OF CONSUMERS.—The Sec- ‘‘PART 6—FEES RELATING TO ‘‘(g) REPORTS.— retary shall carry out activities, by use of PRESCRIPTION DRUG IMPORTATION ‘‘(1) FEE ESTABLISHMENT.—Not later than the Internet Web site and toll-free telephone ‘‘SEC. 743. FEES RELATING TO PRESCRIPTION 60 days before the beginning of each fiscal number under paragraph (3), that educate DRUG IMPORTATION. year, the Secretary shall— consumers with regard to the availability of ‘‘(a) REGISTRATION FEE.—The Secretary ‘‘(A) publish registration fees under this qualifying drugs for import for personal use shall establish a registration fee program section for that fiscal year; under this section, including information on under which a registered exporter under sec- ‘‘(B) hold a meeting at which the public how to verify whether an exporter is reg- tion 804 shall be required to pay an annual may comment on the recommendations; and istered. fee to the Secretary in accordance with this ‘‘(C) provide for a period of 30 days for the ‘‘(5) INSPECTION OF IMPORTERS AND REG- subsection. public to provide written comments on the ISTERED EXPORTERS.—The Secretary shall in- ‘‘(b) COLLECTION.— recommendations. spect the warehouses, other facilities, and ‘‘(1) COLLECTION ON INITIAL REGISTRATION.— ‘‘(2) PERFORMANCE AND FISCAL REPORT.—Be- records of importers and registered exporters A fee under this section shall be payable for ginning with fiscal year 2009, not later than as often as the Secretary determines nec- the fiscal year in which the registered ex- 60 days after the end of each fiscal year dur- essary to ensure that such importers and porter first submits a registration under sec- ing which fees are collected under this sec- registered exporters are in compliance with tion 804 (or reregisters under that section if tion, the Secretary shall submit to the Com- this section.’’. that person has withdrawn its registration mittee on Health, Education, Labor, and (g) SUSPENSION OF IMPORTATION.—Section and subsequently reregisters) in a amount of Pensions of the Senate and the Committee 804(g) of the Federal Food, Drug, and Cos- $10,000, due on the date the exporter first on Energy and Commerce of the House of metic Act (21 U.S.C. 384(g)) is amended by— submits a registration to the Secretary Representatives a report that describes— (1) striking ‘‘and the Secretary determines under section 804. ‘‘(A) implementation of the registration that the public is adequately protected from ‘‘(2) COLLECTION IN SUBSEQUENT YEARS.— fee authority during the fiscal year; and counterfeit and violative prescription drugs After the fee is paid for the first fiscal year, ‘‘(B) the use by the Secretary of the fees being imported under subsection (b)’’; and the fee described under this subsection shall collected during the fiscal year for which the (2) by adding after the period at the end be payable on or before October 1 of each report is made.’’. the following: ‘‘The Secretary shall reinstate year. SEC. 10005. COUNTERFEIT-RESISTANT TECH- the importation by a specific importer upon ‘‘(3) ONE FEE PER FACILITY.—The fee shall NOLOGY. a determination by the Secretary that the be paid only once for each registered ex- (a) MISBRANDING.—Section 502 of the Fed- violation has been corrected and that the im- porter for a fiscal year in which the fee is eral Food, Drug, and Cosmetic Act (21 U.S.C. porter has demonstrated that further viola- payable. 352; deeming drugs and devices to be mis- tions will not occur. This subsection shall ‘‘(c) FEE AMOUNT.— branded) is amended by adding at the end the not apply to a prescription drug imported by ‘‘(1) IN GENERAL.—Subject to subsection following: an individual, or to a prescription drug (b)(1), the amount of the fee shall be deter- ‘‘(aa) If it is a drug subject to section shipped to an individual by a qualifying mined each year by the Secretary and shall 503(b), unless the packaging of such drug Internet pharmacy.’’. be based on the anticipated costs to the Sec- complies with the requirements of section (h) WAIVER AUTHORITY FOR INDIVIDUALS.— 505E for counterfeit-resistant technologies.’’. Section 804(j) of the Federal Food, Drug, and retary of enforcing the amendments made by (b) REQUIREMENTS.—Chapter V of the Fed- Cosmetic Act (21 U.S.C. 384(j)) is amended to the Pharmaceutical Market Access Act of read as follows: 2009 in the subsequent fiscal year. eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(j) IMPORTATION BY INDIVIDUALS.— ‘‘(2) LIMITATION.— 351 et seq.) is amended by inserting after sec- ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(A) IN GENERAL.—The aggregate total of tion 505D the following: after the enactment of the Pharmaceutical fees collected under this section shall not ex- ‘‘SEC. 505E. COUNTERFEIT-RESISTANT TECH- Market Access Act of 2009, the Secretary ceed 1 percent of the total price of drugs ex- NOLOGIES. shall by regulation permit an individual to ported annually to the United States by reg- ‘‘(a) INCORPORATION OF COUNTERFEIT-RE- import a drug from a permitted country to istered exporters under this section. SISTANT TECHNOLOGIES INTO PRESCRIPTION the United States if the drug is— ‘‘(B) REASONABLE ESTIMATE.—Subject to DRUG PACKAGING.—The Secretary shall re- ‘‘(A) a qualifying drug; the limitation described in subparagraph (A), quire that the packaging of any drug subject ‘‘(B) imported from a licensed pharmacy or a fee under this subsection for an exporter to section 503(b) incorporate— qualifying Internet pharmacy; shall be an amount that is a reasonable esti- ‘‘(1) overt optically variable counterfeit-re- ‘‘(C) for personal use by an individual, or mate by the Secretary of the annual share of sistant technologies that are described in family member of the individual, not for re- the exporter of the volume of drugs exported subsection (b) and comply with the standards sale; by exporters under this section. of subsection (c); or ‘‘(D) in a quantity that does not exceed a ‘‘(d) USE OF FEES.—The fees collected ‘‘(2) technologies that have an equivalent 90-day supply during any 90-day period; and under this section shall be used for the sole function of security, as determined by the ‘‘(E) accompanied by a copy of a prescrip- purpose of administering this section with Secretary. tion for the drug, which— respect to registered exporters, including the ‘‘(b) ELIGIBLE TECHNOLOGIES.—Tech- ‘‘(i) is valid under applicable Federal and costs associated with— nologies described in this subsection— State laws; and ‘‘(1) inspecting the facilities of registered ‘‘(1) shall be visible to the naked eye, pro- ‘‘(ii) was issued by a practitioner who is exporters, and of other entities in the chain viding for visual identification of product authorized to administer prescription drugs. of custody of a qualifying drug; authenticity without the need for readers, ‘‘(2) DRUGS DISPENSED OUTSIDE THE UNITED ‘‘(2) developing, implementing, and main- microscopes, lighting devices, or scanners; STATES.—An individual may import a drug taining a system to determine registered ex- ‘‘(2) shall be similar to that used by the from a country that is not a permitted coun- porters’ compliance with the registration Bureau of Engraving and Printing to secure try if— conditions under the Pharmaceutical Market United States currency; ‘‘(A) the drug was dispensed to the indi- Access Act of 2009, including when shipments ‘‘(3) shall be manufactured and distributed vidual while the individual was in such coun- of qualifying drugs are offered for import in a highly secure, tightly controlled envi- try, and the drug was dispensed in accord- into the United States; and ronment; and ance with the laws and regulations of such ‘‘(3) inspecting such shipments, as nec- ‘‘(4) should incorporate additional layers of country; essary, when offered for import into the non-visible covert security features up to ‘‘(B) the individual is entering the United United States to determine if any such ship- and including forensic capability. States and the drug accompanies the indi- ment should be refused admission. ‘‘(c) STANDARDS FOR PACKAGING.— vidual at the time of entry; ‘‘(e) ANNUAL FEE SETTING.—The Secretary ‘‘(1) MULTIPLE ELEMENTS.—For the purpose ‘‘(C) the drug is approved for commercial shall establish, 60 days before the beginning of making it more difficult to counterfeit distribution in the country in which the drug of each fiscal year beginning after Sep- the packaging of drugs subject to section was obtained; tember 30, 2009, for that fiscal year, registra- 503(b), manufacturers of the drugs shall in- ‘‘(D) the drug does not appear to be adul- tion fees. corporate the technologies described in sub- terated; and ‘‘(f) EFFECT OF FAILURE TO PAY FEES.— section (b) into multiple elements of the ‘‘(E) the quantity of the drug does not ex- ‘‘(1) DUE DATE.—A fee payable under this physical packaging of the drugs, including ceed a 14-day supply.’’. section shall be paid by the date that is 30 blister packs, shrink wrap, package labels, (i) REPEAL OF CERTAIN PROVISIONS.—Sec- days after the date on which the fee is due. package seals, bottles, and boxes. tion 804 of the Federal Food, Drug, and Cos- ‘‘(2) FAILURE TO PAY.—If a registered ex- ‘‘(2) LABELING OF SHIPPING CONTAINER.— metic Act (21 U.S.C. 384) is amended by strik- porter subject to a fee under this section Shipments of drugs described in subsection ing subsections (l) and (m). fails to pay the fee, the Secretary shall not (a) shall include a label on the shipping con- SEC. 10004. REGISTRATION FEES. permit the registered exporter to engage in tainer that incorporates the technologies de- Subchapter C of chapter VII of the Federal exportation to the United States or offering scribed in subsection (b), so that officials in- Food, Drug, and Cosmetic Act (21 U.S.C. 379f for exportation prescription drugs under this specting the packages will be able to deter- et seq.) is amended by adding at the end the Act until all such fees owed by that person mine the authenticity of the shipment. following: are paid. Chain of custody procedures shall apply to

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12339 such labels and shall include procedures ap- manufacturing process, or person that manu- tion 340B of the Public Health Service Act plicable to contractual agreements for the factures the drug) between a prescription (42 U.S.C. 256b) in return for inclusion of the use and distribution of the labels, methods drug for distribution in the United States drug on a formulary; to audit the use of the labels, and database and the drug for distribution in a permitted ‘‘(ii) require that such discounts be made access for the relevant governmental agen- country for the purpose of restricting impor- available to other purchasers of the prescrip- cies for audit or verification of the use and tation of the drug into the United States tion drug; or distribution of the labels. under this section; ‘‘(iii) prevent or restrict any other meas- ‘‘(d) EFFECTIVE DATE.—This section shall ‘‘(G) refuse to allow an inspection author- ures taken by an insurer, health plan, or take effect 180 days after the date of enact- ized under this section of an establishment pharmacy benefit manager to encourage con- ment of the Pharmaceutical Market Access that manufactures a prescription drug that sumption of such prescription drug. Act of 2009.’’. may be imported or offered for import under ‘‘(C) CHARITABLE CONTRIBUTIONS.—Nothing SEC. 10006. PROHIBITED ACTS. this section; in this subsection shall be construed to— Section 301 of the Federal Food, Drug, and ‘‘(H) fail to conform to the methods used ‘‘(i) prevent a manufacturer from donating Cosmetic Act (21 U.S.C. 331) is amended by in, or the facilities used for, the manufac- a prescription drug, or supplying a prescrip- inserting after subsection (k) the following: turing, processing, packing, or holding of a tion drug at nominal cost, to a charitable or ‘‘(l) The failure to register in accordance prescription drug that may be imported or humanitarian organization, including the with section 804(f) or to import or offer to offered for import under this section to good United Nations and affiliates, or to a govern- import a prescription drug in violation of a manufacturing practice under this Act; ment of a foreign country; or suspension order under section 804(g).’’. ‘‘(I) become a party to a licensing or other ‘‘(ii) apply to such donations or supplying agreement related to a prescription drug of a prescription drug. SEC. 10007. PATENTS. that fails to provide for compliance with all ‘‘(5) ENFORCEMENT.— Section 271 of title 35, United States Code, requirements of this section with respect to ‘‘(A) UNFAIR OR DECEPTIVE ACT OR PRAC- is amended— such prescription drug or that has the effect TICE.—A violation of this subsection shall be (1) by redesignating subsections (h) and (i) of prohibiting importation of the drug under treated as a violation of a rule defining an as subsections (i) and (j), respectively; and this section; or unfair or deceptive act or practice prescribed (2) by inserting after subsection (g) the fol- ‘‘(J) engage in any other action that the under section 18(a)(1)(B) of the Federal Trade lowing: Federal Trade Commission determines to Commission Act. ‘‘(h) It shall not be an act of infringement discriminate against a person that engages ‘‘(B) ACTIONS BY THE COMMISSION.—The to use, offer to sell, or sell within the United in, or to impede, delay, or block the process Federal Trade Commission— States or to import into the United States for, the importation of a prescription drug ‘‘(i) shall enforce this subsection in the any patented invention under section 804 of under this section. same manner, by the same means, and with the Federal Food, Drug, and Cosmetic Act ‘‘(2) AFFIRMATIVE DEFENSE.—It shall be an the same jurisdiction, powers, and duties as (21 U.S.C. 384) that was first sold abroad by affirmative defense to a charge that a person though all applicable terms and provisions of or under authority of the owner or licensee has discriminated under subparagraph (A), the Federal Trade Commission Act were in- of such patent.’’. (B), (C), (D), or (E) of paragraph (1) that the corporated into and made a part of this sec- SEC. 10008. OTHER ENFORCEMENT ACTIONS. higher price charged for a prescription drug tion; and (a) IN GENERAL.—Section 804 of the Federal sold to a person, the denial of supplies of a ‘‘(ii) may seek monetary relief threefold Food, Drug, and Cosmetic Act, as amended prescription drug to a person, the refusal to the damages sustained. by section 10003, is amended by adding at the do business with a person, or the specific re- ‘‘(6) ACTIONS BY STATES.— end the following: striction or delay of supplies to a person is ‘‘(A) IN GENERAL.— ‘‘(l) UNFAIR OR DISCRIMINATORY ACTS AND not based, in whole or in part, on— ‘‘(i) CIVIL ACTIONS.—The attorney general PRACTICES.— ‘‘(A) the person exporting or importing a of a State may bring a civil action on behalf ‘‘(1) IN GENERAL.—It is unlawful for a man- prescription drug into the United States of the residents of the State, and persons ufacturer, directly or indirectly (including under this section; or doing business in the State, in a district by being a party to a licensing or other ‘‘(B) the person distributing, selling, or court of the United States of appropriate ju- agreement) to— using a prescription drug imported into the risdiction for a violation of paragraph (1) ‘‘(A) discriminate by charging a higher United States under this section. to— price for a prescription drug sold to a person ‘‘(3) PRESUMPTION AND AFFIRMATIVE DE- ‘‘(I) enjoin that practice; in a permitted country that exports a pre- FENSE.— ‘‘(II) enforce compliance with this sub- scription drug to the United States under ‘‘(A) PRESUMPTION.—A difference (includ- section; this section than the price that is charged to ing a difference in active ingredient, route of ‘‘(III) obtain damages, restitution, or other another person that is in the same country administration, dosage form, strength, for- compensation on behalf of residents of the and that does not export a prescription drug mulation, manufacturing establishment, State and persons doing business in the into the United States under this section; manufacturing process, or person that manu- State, including threefold the damages; or ‘‘(B) discriminate by charging a higher factures the drug) created after January 1, ‘‘(IV) obtain such other relief as the court price for a prescription drug sold to a person 2009, between a prescription drug for dis- may consider to be appropriate. that distributes, sells, or uses a prescription tribution in the United States and the drug ‘‘(ii) NOTICE.— drug imported into the United States under for distribution in a permitted country shall ‘‘(I) IN GENERAL.—Before filing an action this section than the price that is charged to be presumed under paragraph (1)(F) to be for under clause (i), the attorney general of the another person in the United States that the purpose of restricting importation of the State involved shall provide to the Federal does not import a prescription drug under drug into the United States under this sec- Trade Commission— this section, or that does not distribute, sell, tion. ‘‘(aa) written notice of that action; and or use such a drug; ‘‘(B) AFFIRMATIVE DEFENSE.—It shall be an ‘‘(bb) a copy of the complaint for that ac- ‘‘(C) discriminate by denying supplies of a affirmative defense to the presumption tion. prescription drug to a person in a permitted under subparagraph (A) that— ‘‘(II) EXEMPTION.—Subclause (I) shall not country that exports a prescription drug to ‘‘(i) the difference was required by the apply with respect to the filing of an action the United States under this section or dis- country in which the drug is distributed; or by an attorney general of a State under this tributes, sells, or uses a prescription drug ‘‘(ii) the Secretary has determined that the paragraph, if the attorney general deter- imported into the United States under this difference was necessary to improve the safe- mines that it is not feasible to provide the section; ty or effectiveness of the drug. notice described in that subclause before fil- ‘‘(D) discriminate by publicly, privately, or ‘‘(4) EFFECT OF SUBSECTION.— ing of the action. In such case, the attorney otherwise refusing to do business with a per- ‘‘(A) SALES IN OTHER COUNTRIES.—This sub- general of a State shall provide notice and a son in a permitted country that exports a section applies only to the sale or distribu- copy of the complaint to the Federal Trade prescription drug to the United States under tion of a prescription drug in a country if the Commission at the same time as the attor- this section or distributes, sells, or uses a manufacturer of the drug chooses to sell or ney general files the action. prescription drug imported into the United distribute the drug in the country. Nothing ‘‘(B) INTERVENTION.— States under this section; in this subsection shall be construed to com- ‘‘(i) IN GENERAL.—On receiving notice ‘‘(E) discriminate by specifically restrict- pel the manufacturer of a drug to distribute under subparagraph (A)(ii), the Commission ing or delaying the supply of a prescription or sell the drug in a country. shall have the right to intervene in the ac- drug to a person in a permitted country that ‘‘(B) DISCOUNTS TO INSURERS, HEALTH tion that is the subject of the notice. exports a prescription drug to the United PLANS, PHARMACY BENEFIT MANAGERS, AND ‘‘(ii) EFFECT OF INTERVENTION.—If the Com- States under this section or distributes, COVERED ENTITIES.—Nothing in this sub- mission intervenes in an action under sub- sells, or uses a prescription drug imported section shall be construed to— paragraph (A), it shall have the right— into the United States under this section; ‘‘(i) prevent or restrict a manufacturer of a ‘‘(I) to be heard with respect to any matter ‘‘(F) cause there to be a difference (includ- prescription drug from providing discounts that arises in that action; and ing a difference in active ingredient, route of to an insurer, health plan, pharmacy benefit ‘‘(II) to file a petition for appeal. administration, dosage form, strength, for- manager in the United States, or covered en- ‘‘(C) CONSTRUCTION.—For purposes of bring- mulation, manufacturing establishment, tity in the drug discount program under sec- ing any civil action under subparagraph (A),

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12340 CONGRESSIONAL RECORD — SENATE December 3, 2009 nothing in this subsection shall be construed ‘‘(8) MANUFACTURER.—In this subsection, SA 2864. Mr. VITTER submitted an to prevent an attorney general of a State the term ‘manufacturer’ means any entity, amendment intended to be proposed to from exercising the powers conferred on the including any affiliate or licensee of that en- amendment SA 2786 proposed by Mr. tity, that is engaged in— attorney general by the laws of that State REID (for himself, Mr. BAUCUS, Mr. to— ‘‘(A) the production, preparation, propaga- DODD, and Mr. HARKIN) to the bill H.R. ‘‘(i) conduct investigations; tion, compounding, conversion, or processing ‘‘(ii) administer oaths or affirmations; or of a prescription drug, either directly or in- 3590, to amend the Internal Revenue ‘‘(iii) compel the attendance of witnesses directly by extraction from substances of Code of 1986 to modify the first-time or the production of documentary and other natural origin, or independently by means of homebuyers credit in the case of mem- evidence. chemical synthesis, or by a combination of bers of the Armed Forces and certain ‘‘(D) ACTIONS BY THE COMMISSION.— extraction and chemical synthesis; or other Federal employees, and for other ‘‘(i) IN GENERAL.—In any case in which an ‘‘(B) the packaging, repackaging, labeling, purposes; which was ordered to lie on action is instituted by or on behalf of the relabeling, or distribution of a prescription the table; as follows: Commission for a violation of paragraph (1), drug.’’. EGULATIONS.—The Federal Trade Com- On page 156, line 4, strike all through page a State may not, during the pendency of that (b) R mission shall promulgate regulations to 157, line 7, and insert the following: action, institute an action under subpara- carry out the enforcement program under (D) REQUIREMENT OF MEMBERS OF CONGRESS graph (A) for the same violation against any section 804(l) of the Federal Food, Drug, and TO ENROLL IN THE PUBLIC OPTION.— defendant named in the complaint in that Cosmetic Act (as added by subsection (a)). (i) REQUIREMENT.—Notwithstanding any action. (c) SUSPENSION AND TERMINATION OF EX- other provision of law, all Members of Con- ‘‘(ii) INTERVENTION.—An attorney general PORTERS.—Section 804(g) of the Federal gress shall be enrolled in the community of a State may intervene, on behalf of the Food, Drug, and Cosmetic Act (21 U.S.C. health insurance option when established by residents of that State, in an action insti- 384(g)), as amended by section 10003(g), is the Secretary. tuted by the Commission. amended by— (ii) INELIGIBLE FOR FEHBP.—Effective on ‘‘(iii) EFFECT OF INTERVENTION.—If an at- (1) striking ‘‘SUSPENSION OF IMPORTA- the date on which the community health in- torney general of a State intervenes in an TION.—The Secretary’’ and inserting ‘‘SUS- surance option is established by the Sec- action instituted by the Commission, such PENSION OF IMPORTATION.— retary, no Member of Congress shall be eligi- attorney general shall have the right— ‘‘(1) IN GENERAL.—The Secretary’’; and ble to participate in a health benefits plan ‘‘(I) to be heard with respect to any matter (2) adding at the end the following: under chapter 89 of title 5, United States that arises in that action; and ‘‘(2) SUSPENSION AND TERMINATION OF EX- Code. ‘‘(II) to file a petition for appeal. PORTERS.— (iii) EMPLOYER CONTRIBUTION.— ‘‘(E) VENUE.—Any action brought under ‘‘(A) SUSPENSION.—With respect to the ef- (I) IN GENERAL.—The Secretary of the Sen- subparagraph (A) may be brought in the dis- fectiveness of a registration submitted under ate or the Chief Administrative Officer of trict court of the United States that meets subsection (f) by a registered exporter: the House of Representatives shall pay the applicable requirements relating to venue ‘‘(i) Subject to clause (ii), if the Secretary amount determined under subclause (II) to— under section 1391 of title 28, United States determines, after notice and opportunity for (aa) the appropriate community health in- Code. a hearing, that the registered exporter has surance option; or ‘‘(F) SERVICE OF PROCESS.—In an action failed to maintain substantial compliance (bb) in the case of a Member of Congress brought under subparagraph (A), process with all registration conditions, the Sec- who resides in a State which opts out of pro- may be served in any district in which the retary may suspend the registration. viding a community health insurance option defendant— ‘‘(ii) If the Secretary determines that, and is enrolled in a plan offered through an ‘‘(i) is an inhabitant; or under color of the registration, the reg- Exchange, the appropriate Exchange. ‘‘(ii) may be found. istered exporter has exported a drug that is (II) AMOUNT OF EMPLOYER CONTRIBUTION.— ‘‘(G) LIMITATION OF ACTIONS.—Any action not a qualifying drug, or a drug that does not The Director of the Office of Personnel Man- under this paragraph to enforce a cause of meet the criteria under this section, or has agement shall determine the amount of the action under this subsection by the Federal exported a qualifying drug to an individual employer contribution for each Member of Trade Commission or the attorney general of in violation of this section, the Secretary Congress enrolled in a community health in- a State shall be forever barred unless com- shall immediately suspend the registration. surance option. The amount shall be equal to menced within 5 years after the Federal A suspension under the preceding sentence is the employer contribution for the health Trade Commission, or the attorney general, not subject to the provision by the Secretary benefits plan under chapter 89 of title 5, as the case may be, knew or should have of prior notice, and the Secretary shall pro- United States Code, with the greatest num- known that the cause of action accrued. No vide to the registered exporter involved an ber of enrollees, except that the contribution cause of action barred under existing law on opportunity for a hearing not later than 10 shall be actuarially adjusted for age. the effective date of the Pharmaceutical days after the date on which the registration (iv) MILITARY MEDICAL TREATMENT FACILI- Market Access Act of 2009 shall be revived by is suspended. TIES AND THE OFFICE OF THE ATTENDING PHYSI- such Act. ‘‘(iii) The Secretary may reinstate the reg- CIAN.— ‘‘(H) MEASUREMENT OF DAMAGES.—In any istration, whether suspended under clause (i) (I) IN GENERAL.—Notwithstanding any action under this paragraph to enforce a or (ii), if the Secretary determines that the other provision of law, a Member of Congress cause of action under this subsection in registered exporter has demonstrated that may not receive health care or medical which there has been a determination that a further violations of registration conditions treatment at any military medical treat- defendant has violated a provision of this will not occur. ment facility or at the Office of the Attend- subsection, damages may be proved and as- ‘‘(B) TERMINATION.—The Secretary, after ing Physician. sessed in the aggregate by statistical or sam- notice and opportunity for a hearing, may (II) EXCEPTION.—Subclause (I) shall not pling methods, by the computation of illegal terminate the registration under subsection apply to any case of a medical emergency in overcharges or by such other reasonable sys- (f) of a registered exporter if the Secretary which the life of a Member of Congress is in tem of estimating aggregate damages as the determines that the registered exporter has immediate danger. court in its discretion may permit without engaged in a pattern or practice of violating (v) DEFINITIONS.—In this subparagraph: the necessity of separately proving the indi- 1 or more registration conditions, or if on 1 (I) COMMUNITY HEALTH INSURANCE OPTION.— vidual claim of, or amount of damage to, per- or more occasions the Secretary has under The term ‘‘community health insurance op- sons on whose behalf the suit was brought. subparagraph (A)(ii) suspended the registra- tion’’ means the health insurance estab- ‘‘(I) EXCLUSION ON DUPLICATIVE RELIEF.— tion of the registered exporter. The Sec- lished by the Secretary under section 1323. The district court shall exclude from the retary may make the termination perma- (II) MEMBER OF CONGRESS.—The term amount of monetary relief awarded in an ac- nent, or for a fixed period of not less than 1 ‘‘Member of Congress’’ means any member of tion under this paragraph brought by the at- year. During the period in which the reg- the House of Representatives or the Senate. torney general of a State any amount of istration of a registered exporter is termi- monetary relief which duplicates amounts nated, any registration submitted under sub- SA 2865. Mr. BURRIS submitted an which have been awarded for the same in- section (f) by such exporter or a person who amendment intended to be proposed to jury. is a partner in the export enterprise or a amendment SA 2786 proposed by Mr. ‘‘(7) EFFECT ON ANTITRUST LAWS.—Nothing principal officer in such enterprise, and any REID (for himself, Mr. BAUCUS, Mr. in this subsection shall be construed to mod- registration prepared with the assistance of DODD, and Mr. HARKIN) to the bill H.R. ify, impair, or supersede the operation of the such exporter or such a person, has no legal 3590, to amend the Internal Revenue antitrust laws. For the purpose of this sub- effect under this section.’’. Code of 1986 to modify the first-time section, the term ‘antitrust laws’ has the SEC. 10009. AUTHORIZATION OF APPROPRIA- homebuyers credit in the case of mem- meaning given it in the first section of the TIONS. Clayton Act, except that it includes section There are authorized to be appropriated bers of the Armed Forces and certain 5 of the Federal Trade Commission Act to such sums as may be necessary to carry out other Federal employees, and for other the extent that such section 5 applies to un- this title (and the amendments made by this purposes; which was ordered to lie on fair methods of competition. title). the table; as follows:

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12341 On page 1249 between lines 6 and 7, insert 201(h) of the Federal Food, Drug, and Cos- for which the member’s predecessor was ap- the following: metic Act) that, in the determination of the pointed shall be appointed for the remainder (b) HOSPITAL COMPARE PATIENT SURVEYS.— Director of NIH— of such term. (1) IN GENERAL.—In implementing the Hos- ‘‘(A) is a priority to diagnose, mitigate, ‘‘(ii) CONSECUTIVE APPOINTMENTS; MAXIMUM pital Compare patient survey program, the prevent, or treat harm from any disease or TERMS.—A member may be appointed to Director of the Agency for Healthcare Re- condition; and serve not more than 3 terms on the Board, search and Quality shall, in addition to col- ‘‘(B) for which the incentives of the com- and may not serve more than 2 such terms lecting other information to reduce health mercial market are unlikely to result in its consecutively. disparities, collect information concerning— adequate or timely development. ‘‘(C) QUALIFICATIONS.— (A) whether hospital staff effectively ad- ‘‘(4) MEDICAL PRODUCT.—The term ‘medical ‘‘(i) IN GENERAL.—The Secretary shall ap- dress cultural and linguistic barriers that product’ means a drug, device, biological point individuals to the Board based solely may prevent patients from receiving quality product, or product that is a combination of upon the individual’s established record of health care; and drugs, devices, and biological products. distinguished service in one of the areas of (B) whether hospital health promotion pro- ‘‘(b) ESTABLISHMENT OF THE CURES ACCEL- expertise described in clause (ii). Each indi- grams are effectively marketed in the com- ERATION NETWORK.—Subject to the appro- vidual appointed to the Board shall be of dis- munity served by the hospital. priation of funds as described in subsection tinguished achievement and have a broad (2) REQUIREMENT TO TAKE INTO ACCOUNT (g), there is established within the Office of range of disciplinary interests. SURVEY IN COMMUNITY HEALTH NEEDS ASSESS- the Director of NIH a program to be known ‘‘(ii) EXPERTISE.—The Secretary shall se- MENTS.—Section 501(r)(3)(B) of the Internal as the Cures Acceleration Network (referred lect individuals based upon the following re- Revenue Code of 1986, as added by section to in this section as ‘CAN’), which shall— quirements: 9007, is amended striking ‘‘and’’ at the end of ‘‘(1) be under the direction of the Director ‘‘(I) For each of the fields of— clause (i), by redesignating clause (ii) as of NIH, taking into account the rec- ‘‘(aa) basic research; clause (iii), and by inserting after clause (i) ommendations of a CAN Review Board (re- ‘‘(bb) medicine; the following new clause: ferred to in this section as the ‘Board’), de- ‘‘(cc) biopharmaceuticals; ‘‘(ii) takes into account the information scribed in subsection (d); and ‘‘(dd) discovery and delivery of medical collected under the Hospital Compare pa- ‘‘(2) award grants and contracts to eligible products; tient survey program, and’’. entities, as described in subsection (e), to ac- ‘‘(ee) bioinformatics and gene therapy; celerate the development of high need cures, ‘‘(ff) medical instrumentation; and SA 2866. Mr. SPECTER submitted an including through the development of med- ‘‘(gg) regulatory review and approval of amendment intended to be proposed to ical products and behavioral therapies. medical products, ‘‘(c) FUNCTIONS.—The functions of the CAN the Secretary shall select at least 1 indi- amendment SA 2786 proposed by Mr. are to— vidual who is eminent in such fields. REID (for himself, Mr. BAUCUS, Mr. ‘‘(1) conduct and support revolutionary ad- ‘‘(II) At least 4 individuals shall be recog- DODD, and Mr. HARKIN) to the bill H.R. vances in basic research, translating sci- nized leaders in professional venture capital entific discoveries from bench to bedside; 3590, to amend the Internal Revenue or private equity organizations and have ‘‘(2) award grants and contracts to eligible Code of 1986 to modify the first-time demonstrated experience in private equity entities to accelerate the development of homebuyers credit in the case of mem- investing. high need cures; bers of the Armed Forces and certain ‘‘(III) At least 8 individuals shall represent ‘‘(3) provide the resources necessary for disease advocacy organizations. other Federal employees, and for other government agencies, independent investiga- ‘‘(3) EX-OFFICIO MEMBERS.— purposes; which was ordered to lie on tors, research organizations, biotechnology the table; as follows: ‘‘(A) APPOINTMENT.—In addition to the 24 companies, academic research institutions, Board members described in paragraph (2), At the end of subtitle D of title IV, insert and other entities to develop high need the Secretary shall appoint as ex-officio the following: cures; members of the Board— SEC. 4307. CURES ACCELERATION NETWORK. ‘‘(4) reduce the barriers between laboratory ‘‘(i) a representative of the National Insti- (a) SHORT TITLE.—This section may be discoveries and clinical trials for new thera- tutes of Health, recommended by the Sec- cited as the ‘‘Cures Acceleration Network pies; and retary of the Department of Health and Act of 2009’’. ‘‘(5) facilitate review in the Food and Drug Human Services; (b) REQUIREMENT FOR THE DIRECTOR OF NIH Administration for the high need cures fund- ‘‘(ii) a representative of the Office of the TO ESTABLISH A CURES ACCELERATION NET- ed by the CAN, through activities that may Assistant Secretary of Defense for Health Af- WORK.—Section 402(b) of the Public Health include— fairs, recommended by the Secretary of De- Service Act (42 U.S.C. 282(b)) is amended— ‘‘(A) the facilitation of regular and ongoing fense; (1) in paragraph (22), by striking ‘‘and’’ at communication with the Food and Drug Ad- ‘‘(iii) a representative of the Office of the the end; ministration regarding the status of activi- Under Secretary for Health for the Veterans (2) in paragraph (23), by striking the period ties conducted under this section; Health Administration, recommended by the and inserting ‘‘; and’’; and ‘‘(B) ensuring that such activities are co- Secretary of Veterans Affairs; (3) by inserting after paragraph (23), the ordinated with the approval requirements of ‘‘(iv) a representative of the National following: the Food and Drug Administration, with the Science Foundation, recommended by the ‘‘(24) implement the Cures Acceleration goal of expediting the development and ap- Chair of the National Science Board; and Network described in section 402C.’’. proval of countermeasures and products; and ‘‘(v) a representative of the Food and Drug (c) ACCEPTING GIFTS TO SUPPORT THE CURES ‘‘(C) connecting interested persons with ad- Administration, recommended by the Com- ACCELERATION NETWORK.—Section 499(c)(1) of ditional technical assistance made available missioner of Food and Drugs. the Public Health Service Act (42 U.S.C. under section 565 of the Federal Food, Drug, ‘‘(B) TERMS.—Each ex-officio member shall 290b(c)(1)) is amended by adding at the end and Cosmetic Act. serve a 3-year term on the Board, except that the following: ‘‘(d) CAN BOARD.— the Chairperson may adjust the terms of the ‘‘(E) The Cures Acceleration Network de- ‘‘(1) ESTABLISHMENT.—There is established initial ex-officio members in order to provide scribed in section 402C.’’. a Cures Acceleration Network Review Board for a staggered term of appointment for all (d) ESTABLISHMENT OF THE CURES ACCEL- (referred to in this section as the ‘Board’), such members. ERATION NETWORK.—Part A of title IV of the which shall advise the Director of NIH on the ‘‘(4) RESPONSIBILITIES OF THE BOARD AND Public Health Service Act is amended by in- conduct of the activities of the Cures Accel- THE DIRECTOR OF NIH.— serting after section 402B (42 U.S.C. 282b) the eration Network. ‘‘(A) RESPONSIBILITIES OF THE BOARD.— following: ‘‘(2) MEMBERSHIP.— ‘‘(i) IN GENERAL.—The Board shall advise, ‘‘SEC. 402C. CURES ACCELERATION NETWORK. ‘‘(A) IN GENERAL.— and provide recommendations to, the Direc- ‘‘(a) DEFINITIONS.—In this section: ‘‘(i) APPOINTMENT.—The Board shall be tor of NIH with respect to— ‘‘(1) BIOLOGICAL PRODUCT.—The term ‘bio- comprised of 24 members who are appointed ‘‘(I) policies, programs, and procedures for logical product’ has the meaning given such by the Secretary and who serve at the pleas- carrying out the duties of the Director of term in section 351 of the Public Health ure of the Secretary. NIH under this section; and Service Act. ‘‘(ii) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(II) significant barriers to successful ‘‘(2) DRUG; DEVICE.—The terms ‘drug’ and The Secretary shall designate, from among translation of basic science into clinical ap- ‘device’ have the meanings given such terms the 24 members appointed under clause (i), plication (including issues under the purview in section 201 of the Federal Food, Drug, and one Chairperson of the Board (referred to in of other agencies and departments). Cosmetic Act. this section as the ‘Chairperson’) and one ‘‘(ii) REPORT.—In the case that the Board ‘‘(3) HIGH NEED CURE.—The term ‘high need Vice Chairperson. identifies a significant barrier, as described cure’ means a drug (as that term is defined ‘‘(B) TERMS.— in clause (i)(II), the Board shall submit to by section 201(g)(1) of the Federal Food, ‘‘(i) IN GENERAL.—Each member shall be the Secretary a report regarding such bar- Drug, and Cosmetic Act, biological product appointed to serve a 4-year term, except that rier. (as that term is defined by section 262(i)), or any member appointed to fill a vacancy oc- ‘‘(B) RESPONSIBILITIES OF THE DIRECTOR OF device (as that term is defined by section curring prior to the expiration of the term NIH.—With respect to each recommendation

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12342 CONGRESSIONAL RECORD — SENATE December 3, 2009

provided by the Board under subparagraph nization, or an academic research institu- ‘‘(4) SUSPENSION OF AWARDS FOR DEFAULTS, (A)(i), the Director of NIH shall respond in tion; NONCOMPLIANCE WITH PROVISIONS AND PLANS, writing to the Board, indicating whether ‘‘(B) submit an application containing— AND DIVERSION OF FUNDS; REPAYMENT OF such Director will implement such rec- ‘‘(i) a detailed description of the project for FUNDS.—The Director of NIH may suspend ommendation. In the case that the Director which the entity seeks such grant or con- the award to any entity upon noncompliance of NIH indicates a recommendation of the tract; by such entity with provisions and plans Board will not be implemented, such Direc- ‘‘(ii) a timetable for such project; under this section or diversion of funds. tor shall provide an explanation of the rea- ‘‘(iii) an assurance that the entity will sub- ‘‘(5) AUDITS.—The Director of NIH may sons for not implementing such rec- mit— enter into agreements with other entities to ommendation. ‘‘(I) interim reports describing the enti- conduct periodic audits of the projects fund- ‘‘(5) MEETINGS.— ty’s— ed by grants or contracts awarded under this ‘‘(A) IN GENERAL.—The Board shall meet 4 ‘‘(aa) progress in carrying out the project; subsection. times per calendar year, at the call of the and ‘‘(6) CLOSEOUT PROCEDURES.—At the end of Chairperson. ‘‘(bb) compliance with all provisions of this a grant or contract period, a recipient shall ‘‘(B) QUORUM; REQUIREMENTS; LIMITA- section and conditions of receipt of such follow the closeout procedures under section TIONS.— grant or contract; and 74.71 of title 45, Code of Federal Regulations ‘‘(i) QUORUM.—A quorum shall consist of a ‘‘(II) a final report at the conclusion of the (or any successor regulation). total of 13 members of the Board, excluding grant period, describing the outcomes of the ‘‘(7) REVIEW.—A determination by the Di- ex-officio members, with diverse representa- project; and rector of NIH as to whether a drug, device, or tion as described in clause (iii). ‘‘(iv) a description of the protocols the en- biological product is a high need cure (for ‘‘(ii) CHAIRPERSON OR VICE CHAIRPERSON.— tity will follow to comply with Food and purposes of subsection (a)(3)) shall not be Each meeting of the Board shall be attended Drug Administration standards and regu- subject to judicial review. by either the Chairperson or the Vice Chair- latory requirements at all stages of develop- ‘‘(f) COMPETITIVE BASIS OF AWARDS.—Any person. ment, manufacturing, review, approval, and grant, cooperative agreement, or contract ‘‘(iii) DIVERSE REPRESENTATION.—At each safety surveillance of a medical product; and awarded under this section shall be awarded meeting of the Board, there shall be not less ‘‘(C) provide such additional information on a competitive basis. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— than one scientist, one representative of a as the Director of NIH may require. ‘‘(1) IN GENERAL.—For purposes of carrying disease advocacy organization, and one rep- ‘‘(3) AWARDS.— out this section, there are authorized to be resentative of a professional venture capital ‘‘(A) THE CURES ACCELERATION PARTNERSHIP appropriated $500,000,000 for fiscal year 2010, or private equity organization. AWARDS.— and such sums as may be necessary for sub- ‘‘(6) COMPENSATION AND TRAVEL EX- ‘‘(i) INITIAL AWARD AMOUNT.—Each award sequent fiscal years. Funds appropriated PENSES.— under this subparagraph shall be not more under this section shall be available until ex- ‘‘(A) COMPENSATION.—Members shall re- than $15,000,000 per project for the first fiscal pended. ceive compensation at a rate to be fixed by year for which the project is funded, which ‘‘(2) LIMITATION ON USE OF FUNDS OTHERWISE the Chairperson but not to exceed a rate shall be payable in one payment. APPROPRIATED.—No funds appropriated under equal to the daily equivalent of the annual ‘‘(ii) FUNDING IN SUBSEQUENT FISCAL this Act, other than funds appropriated rate of basic pay prescribed for level IV of YEARS.—An eligible entity receiving an under paragraph (1), may be allocated to the the Executive Schedule under section 5315 of award under clause (i) may apply for addi- Cures Acceleration Network.’’. title 5, United States Code, for each day (in- tional funding for such project by submitting cluding travel time) during which the mem- to the Director of NIH the information re- ber is engaged in the performance of the du- SA 2867. Mr. SPECTER submitted an quired under subparagraphs (B) and (C) of amendment intended to be proposed to ties of the Board. All members of the Board paragraph (2). The Director may fund a who are officers or employees of the Untied project of such eligible entity in an amount amendment SA 2786 proposed by Mr. States shall serve without compensation in not to exceed $15,000,000 for a fiscal year sub- REID (for himself, Mr. BAUCUS, Mr. addition to that received for their services as sequent to the initial award under clause (i). DODD, and Mr. HARKIN) to the bill H.R. officers or employees of the United States. ‘‘(iii) MATCHING FUNDS.—As a condition for 3590, to amend the Internal Revenue ‘‘(B) TRAVEL EXPENSES.—Members of the receiving an award under this subsection, an Code of 1986 to modify the first-time Board shall be allowed travel expenses, in- eligible entity shall contribute to the project homebuyers credit in the case of mem- cluding per diem in lieu of subsistence, at non-Federal funds in the amount of $1 for rates authorized for persons employed inter- bers of the Armed Forces and certain every $3 awarded under clauses (i) and (ii), other Federal employees, and for other mittently by the Federal Government under except that the Director of NIH may waive section 5703(b) of title 5, United States Code, or modify such matching requirement in any purposes; which was ordered to lie on while away from their homes or regular case where the Director determines that the the table; as follows: places of business in the performance of serv- goals and objectives of this section cannot At the appropriate place in title IV, insert ices for the Board. adequately be carried out unless such re- the following: ‘‘(e) GRANT PROGRAM.— quirement is waived. SEC. ll. INCREASE IN FUNDING FOR THE NA- ‘‘(1) SUPPORTING INNOVATION.—To carry out ‘‘(B) THE CURES ACCELERATION GRANT TIONAL INSTITUTES OF HEALTH. the purposes described in this section, the AWARDS.— (a) AUTHORIZATION OF APPROPRIATIONS.— Director of NIH shall award contracts, ‘‘(i) INITIAL AWARD AMOUNT.—Each award Section 402A(a) of the Public Health Service grants, or cooperative agreements to the en- under this subparagraph shall be not more Act (42 U.S.C. 282a(a)) is amended by striking tities described in paragraph (2), to— than $15,000,000 per project for the first fiscal paragraphs (1) through (3) and inserting the ‘‘(A) promote innovation in technologies year for which the project is funded, which following: supporting the advanced research and devel- shall be payable in one payment. ‘‘(1) $40,000,000,000 for fiscal year 2010; and opment and production of high need cures, ‘‘(ii) FUNDING IN SUBSEQUENT FISCAL ‘‘(2) such sums as may be necessary for including through the development of med- YEARS.—An eligible entity receiving an each of fiscal years 2011 and 2012.’’. ical products and behavioral therapies; award under clause (i) may apply for addi- (b) OFFICE OF THE DIRECTOR.—Section ‘‘(B) accelerate the development of high tional funding for such project by submitting 402A(b) of the Public Health Service Act (42 need cures, including through the develop- to the Board the information required under U.S.C. 282a(b)) is amended by striking ‘‘2007 ment of medical products, behavioral thera- subparagraphs (B) and (C) of paragraph (2). through 2009’’ and inserting ‘‘2010 through pies, and biomarkers that demonstrate the The Director of NIH may fund a project of 2012’’. safety or effectiveness of medical products; such eligible entity in an amount not to ex- or ceed $15,000,000 for a fiscal year subsequent SA 2868. Mr. BURRIS submitted an ‘‘(C) help the award recipient establish pro- to the initial award under clause (i). amendment intended to be proposed to tocols that comply with Food and Drug Ad- ‘‘(C) THE CURES ACCELERATION FLEXIBLE RE- amendment SA 2786 proposed by Mr. ministration standards and otherwise permit SEARCH AWARDS.—If the Director of NIH de- REID (for himself, Mr. BAUCUS, Mr. the recipient to meet regulatory require- termines that the goals and objectives of DODD, and Mr. HARKIN) to the bill H.R. ments at all stages of development, manu- this section cannot adequately be carried out 3590, to amend the Internal Revenue facturing, review, approval, and safety sur- through a contract, grant, or cooperative Code of 1986 to modify the first-time veillance of a medical product. agreement, the Director of NIH shall have homebuyers credit in the case of mem- ‘‘(2) ELIGIBLE ENTITIES.—To receive assist- flexible research authority to use other ance under paragraph (1), an entity shall— transactions to fund projects in accordance bers of the Armed Forces and certain ‘‘(A) be a public or private entity, which with the terms and conditions of this sec- other Federal employees, and for other may include a private or public research in- tion. Awards made under such flexible re- purposes; which was ordered to lie on stitution, an institution of higher education, search authority for a fiscal year shall not the table; as follows: a medical center, a biotechnology company, exceed 20 percent of the total funds appro- On page 147, line 19, strike ‘‘and’’. a pharmaceutical company, a disease advo- priated under subsection (g)(1) for such fiscal On page 147, line 21, strike the period and cacy organization, a patient advocacy orga- year. insert ‘‘; and’’.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12343 On page 147, between lines 21 and 22, insert determined as if this paragraph did not graph (3)(A)(i) of such section for such form, the following: apply), exceeds strength, and period. ‘‘(E) the implementation of activities that ‘‘(ii) the sum of— ‘‘(C) AVERAGE MEDICARE DRUG PROGRAM reduce health care disparities, including ‘‘(I) the annual deductible under paragraph FULL-BENEFIT DUAL ELIGIBLE REBATE through the use of language services, com- (1) for the year; and AMOUNT.—For purposes of this subsection, munity outreach, and cultural competency ‘‘(II) 1⁄4 of the amount by which the initial the term ‘average Medicare drug program training.’’. coverage limit under paragraph (3) for the full-benefit dual eligible rebate amount’ year (as determined as if this paragraph did means, with respect to each dosage form and SA 2869. Mr. NELSON of Florida (for not apply) exceeds such annual deductible.’’. strength of a covered part D drug provided himself, Mr. ROCKEFELLER, Mr. BEGICH, (c) REQUIRING DRUG MANUFACTURERS TO by a manufacturer for a rebate period, the Mr. LEAHY, Mr. BROWN, Ms. STABENOW, PROVIDE DRUG REBATES FOR FULL-BENEFIT sum, for all PDP sponsors under part D and and Mrs. SHAHEEN) submitted an DUAL ELIGIBLES.— MA organizations administering a MA–PD amendment intended to be proposed to (1) IN GENERAL.—Section 1860D–2 of the So- plan under part C, of— cial Security Act (42 U.S.C. 1396r–8) is amendment SA 2786 proposed by Mr. ‘‘(i) the product, for each such sponsor or amended— organization, of— REID (for himself, Mr. BAUCUS, Mr. (A) in subsection (e)(1), in the matter be- ‘‘(I) the sum of all rebates, discounts, or DODD, and Mr. HARKIN) to the bill H.R. fore subparagraph (A), by inserting ‘‘and sub- other price concessions (not taking into ac- 3590, to amend the Internal Revenue section (f)’’ after ‘‘this subsection’’; and count any rebate provided under paragraph Code of 1986 to modify the first-time (B) by adding at the end the following new (2) for such dosage form and strength of the homebuyers credit in the case of mem- subsection: drug dispensed, calculated on a per-unit bers of the Armed Forces and certain ‘‘(f) PRESCRIPTION DRUG REBATE AGREE- basis, but only to the extent that any such other Federal employees, and for other MENT FOR FULL-BENEFIT DUAL ELIGIBLE INDI- rebate, discount, or other price concession purposes; which was ordered to lie on VIDUALS.— applies equally to drugs dispensed to full- ‘‘(1) IN GENERAL.—In this part, the term the table; as follows: benefit dual eligible Medicare drug plan en- ‘covered part D drug’ does not include any rollees and drugs dispensed to PDP and MA– On page 974, between lines 9 and 10, insert drug or biologic that is manufactured by a PD enrollees who are not full-benefit dual el- the following: manufacturer that has not entered into and igible individuals; and (b) ELIMINATION OF COVERAGE GAP.—Sec- have in effect a rebate agreement described ‘‘(II) the number of the units of such dos- tion 1860D–2(b) of the Social Security Act (42 in paragraph (2). age and strength of the drug dispensed dur- U.S.C. 1395w–102(b)) is further amended— ‘‘(2) REBATE AGREEMENT.—A rebate agree- ing the rebate period to full-benefit dual eli- (1) in paragraph (3)(A), by striking ‘‘and ment under this subsection shall require the gible individuals enrolled in the prescription (7)’’ and inserting ‘‘, (7), and (8)’’; manufacturer to provide to the Secretary a drug plans administered by the PDP sponsor (2) in paragraph (4)(B)(i), by inserting ‘‘sub- rebate for each rebate period (as defined in or the MA–PD plans administered by the ject to paragraph (8)’’ after ‘‘purposes of this paragraph (6)(B)) ending after December 31, MA–PD organization; divided by part’’; and 2010, in the amount specified in paragraph (3) ‘‘(ii) the total number of units of such dos- (3) by adding at the end the following new for any covered part D drug of the manufac- age and strength of the drug dispensed dur- paragraph: turer dispensed after December 31, 2010, to ing the rebate period to full-benefit dual eli- ‘‘(8) PHASED-IN ELIMINATION OF COVERAGE any full-benefit dual eligible individual (as gible individuals enrolled in all prescription GAP.— defined in paragraph (6)(A)) for which pay- drug plans administered by PDP sponsors ‘‘(A) IN GENERAL.—For each year beginning ment was made by a PDP sponsor under part and all MA–PD plans administered by MA– with 2011, the Secretary shall consistent D or a MA organization under part C for such PD organizations. with this paragraph progressively increase period. Such rebate shall be paid by the man- ‘‘(4) LENGTH OF AGREEMENT.—The provi- the initial coverage limit (described in sub- ufacturer to the Secretary not later than 30 sions of paragraph (4) of section 1927(b) section (b)(3)) and decrease the annual out- days after the date of receipt of the informa- (other than clauses (iv) and (v) of subpara- of-pocket threshold from the amounts other- tion described in section 1860D–12(b)(7), in- graph (B)) shall apply to rebate agreements wise computed until there is a continuation cluding as such section is applied under sec- under this subsection in the same manner as of coverage from the initial coverage limit tion 1857(f)(3). such paragraph applies to a rebate agree- for expenditures incurred through the total ‘‘(3) REBATE FOR FULL-BENEFIT DUAL ELIGI- ment under such section. amount of expenditures at which benefits are BLE MEDICARE DRUG PLAN ENROLLEES.— ‘‘(5) OTHER TERMS AND CONDITIONS.—The available under paragraph (4). ‘‘(A) IN GENERAL.—The amount of the re- Secretary shall establish other terms and ‘‘(B) INCREASE IN INITIAL COVERAGE LIMIT.— bate specified under this paragraph for a conditions of the rebate agreement under For a year beginning with 2011, the initial manufacturer for a rebate period, with re- coverage limit otherwise computed without spect to each dosage form and strength of this subsection, including terms and condi- regard to this paragraph shall be increased any covered part D drug provided by such tions related to compliance, that are con- sistent with this subsection. by 1⁄2 of the cumulative phase-in percentage manufacturer and dispensed to a full-benefit (as defined in subparagraph (D)(ii) for the dual eligible individual, shall be equal to the ‘‘(6) DEFINITIONS.—In this subsection and year) times the out-of-pocket gap amount (as product of— section 1860D–12(b)(7): defined in subparagraph (E)) for the year. ‘‘(i) the total number of units of such dos- ‘‘(A) FULL-BENEFIT DUAL ELIGIBLE INDI- ‘‘(C) DECREASE IN ANNUAL OUT-OF-POCKET age form and strength of the drug so pro- VIDUAL.—The term ‘full-benefit dual eligible THRESHOLD.—For a year beginning with 2011, vided and dispensed for which payment was individual’ has the meaning given such term the annual out-of-pocket threshold otherwise made by a PDP sponsor under part D or a in section 1935(c)(6). computed without regard to this paragraph MA organization under part C for the rebate ‘‘(B) REBATE PERIOD.—The term ‘rebate pe- riod’ has the meaning given such term in shall be decreased by 1⁄2 of the cumulative period (as reported under section 1860D– phase-in percentage of the out-of-pocket gap 12(b)(7), including as such section is applied section 1927(k)(8).’’. amount for the year multiplied by 1.75. under section 1857(f)(3)); and (2) REPORTING REQUIREMENT FOR THE DETER- ‘‘(D) PHASE–IN.—For purposes of this para- ‘‘(ii) the amount (if any) by which— MINATION AND PAYMENT OF REBATES BY MANU- graph: ‘‘(I) the Medicaid rebate amount (as de- FACTURES RELATED TO REBATE FOR FULL-BEN- ‘‘(i) ANNUAL PHASE-IN PERCENTAGE.—The fined in subparagraph (B)) for such form, EFIT DUAL ELIGIBLE MEDICARE DRUG PLAN EN- term ‘annual phase-in percentage’ means— strength, and period, exceeds ROLLEES.— ‘‘(I) for 2011, 13 percent; ‘‘(II) the average Medicare drug program (A) REQUIREMENTS FOR PDP SPONSORS.— ‘‘(II) for 2012, 2013, 2014, and 2015, 5 percent; full-benefit dual eligible rebate amount (as Section 1860D–12(b) of the Social Security ‘‘(III) for 2016 through 2018, 7.5 percent; and defined in subparagraph (C)) for such form, Act (42 U.S.C. 1395w–112(b)) is amended by ‘‘(IV) for 2019 and each subsequent year, 10 strength, and period. adding at the end the following new para- percent. ‘‘(B) MEDICAID REBATE AMOUNT.—For pur- graph: ‘‘(ii) CUMULATIVE PHASE-IN PERCENTAGE.— poses of this paragraph, the term ‘Medicaid ‘‘(7) REPORTING REQUIREMENT FOR THE DE- The term ‘cumulative phase-in percentage’ rebate amount’ means, with respect to each TERMINATION AND PAYMENT OF REBATES BY means for a year the sum of the annual dosage form and strength of a covered part D MANUFACTURERS RELATED TO REBATE FOR phase-in percentage for the year and the an- drug provided by the manufacturer for a re- FULL-BENEFIT DUAL ELIGIBLE MEDICARE DRUG nual phase-in percentages for each previous bate period— PLAN ENROLLEES.— year beginning with 2011, but in no case more ‘‘(i) in the case of a single source drug or ‘‘(A) IN GENERAL.—For purposes of the re- than 100 percent. an innovator multiple source drug, the bate under section 1860D–2(f) for contract ‘‘(E) OUT-OF-POCKET GAP AMOUNT.—For pur- amount specified in paragraph (1)(A)(ii) of years beginning on or after January 1, 2011, poses of this paragraph, the term ‘out-of- section 1927(b) plus the amount, if any, speci- each contract entered into with a PDP spon- pocket gap amount’ means for a year the fied in paragraph (2)(A)(ii) of such section, sor under this part with respect to a pre- amount by which— for such form, strength, and period; or scription drug plan shall require that the ‘‘(i) the annual out-of-pocket threshold ‘‘(ii) in the case of any other covered out- sponsor comply with subparagraphs (B) and specified in paragraph (4)(B) for the year (as patient drug, the amount specified in para- (C).

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12344 CONGRESSIONAL RECORD — SENATE December 3, 2009 ‘‘(B) REPORT FORM AND CONTENTS.—Not (B) APPLICATION TO MA ORGANIZATIONS.— homebuyers credit in the case of mem- later than 60 days after the end of each re- Section 1857(f)(3) of the Social Security Act bers of the Armed Forces and certain bate period (as defined in section 1860D– (42 U.S.C. 1395w–27(f)(3)) is amended by add- other Federal employees, and for other 2(f)(6)(B)) within such a contract year to ing at the end the following: purposes; which was ordered to lie on ‘‘(D) REPORTING REQUIREMENT RELATED TO which such section applies, a PDP sponsor of the table; as follows: a prescription drug plan under this part shall REBATE FOR FULL-BENEFIT DUAL ELIGIBLE report to each manufacturer— MEDICARE DRUG PLAN ENROLLEES.—Section On page 97, between lines 6 and 7, insert ‘‘(i) information (by National Drug Code 1860D–12(b)(7).’’. the following: number) on the total number of units of each (3) DEPOSIT OF REBATES INTO MEDICARE PRE- ‘‘SEC. 2710. COVERAGE FOR INDIVIDUALS PAR- TICIPATING IN APPROVED CLINICAL dosage, form, and strength of each drug of SCRIPTION DRUG ACCOUNT.—Section 1860D– TRIALS. such manufacturer dispensed to full-benefit 16(c) of such Act (42 U.S.C. 1395w–116(c)) is ‘‘(a) COVERAGE.— dual eligible Medicare drug plan enrollees amended by adding at the end the following ‘‘(1) IN GENERAL.—If a group health plan or new paragraph: under any prescription drug plan operated by a health insurance issuer offering group or ‘‘(6) REBATE FOR FULL-BENEFIT DUAL ELIGI- the PDP sponsor during the rebate period; individual health insurance coverage pro- BLE MEDICARE DRUG PLAN ENROLLEES.— ‘‘(ii) information on the price discounts, vides coverage to a qualified individual, then Amounts paid under a rebate agreement price concessions, and rebates for such drugs such plan or issuer— under section 1860D–2(f) shall be deposited for such form, strength, and period; ‘‘(A) may not deny the individual partici- into the Account and shall be used to pay for ‘‘(iii) information on the extent to which pation in the clinical trial referred to in sub- all or part of the gradual elimination of the such price discounts, price concessions, and section (b)(2); coverage gap under section 1860D–2(b)(7).’’. rebates apply equally to full-benefit dual eli- ‘‘(B) subject to subsection (c), may not (d) SUNSET OF MEDICARE COVERAGE GAP gible Medicare drug plan enrollees and PDP deny (or limit or impose additional condi- DISCOUNT PROGRAM.—Section 3301 of this Act enrollees who are not full-benefit dual eligi- tions on) the coverage of routine patient is amended by adding at the end the fol- ble Medicare drug plan enrollees; and costs; and lowing new subsection: ‘‘(iv) any additional information that the ‘‘(C) may not discriminate against the in- ‘‘(e) SUNSET OF MEDICARE COVERAGE GAP Secretary determines is necessary to enable dividual on the basis of the individual’s par- the Secretary to calculate the average Medi- DISCOUNT PROGRAM.—The amendments made by this section shall cease to be effective as ticipation in such trial. care drug program full-benefit dual eligible OUTINE PATIENT COSTS.— of the date on which there is a continuation ‘‘(2) R rebate amount (as defined in paragraph (3)(C) ‘‘(A) INCLUSION.—For purposes of paragraph of coverage from the initial coverage limit of such section), and to determine the (1)(B), subject to subparagraph (B), routine for expenditures incurred through the total amount of the rebate required under this sec- patient costs include all items and services amount of expenditures at which benefits are tion, for such form, strength, and period. consistent with the coverage provided in the available under section 1860D–2(b)(4).’’. Such report shall be in a form consistent plan (or coverage) that is typically covered with a standard reporting format established SA 2870. Mr. WHITEHOUSE proposed for a qualified individual who is not enrolled by the Secretary. in a clinical trial. an amendment to amendment SA 2786 ‘‘(C) SUBMISSION TO SECRETARY.—Each PDP ‘‘(B) EXCLUSION.—For purposes of para- sponsor shall promptly transmit a copy of proposed by Mr. REID (for himself, Mr. graph (1)(B), routine patient costs does not the information reported under subpara- BAUCUS, Mr. DODD, and Mr. HARKIN) to include— graph (B) to the Secretary for the purpose of the bill H.R. 3590, to amend the Inter- ‘‘(i) the investigational item, device, or audit oversight and evaluation. nal Revenue Code of 1986 to modify the service, itself; ‘‘(D) CONFIDENTIALITY OF INFORMATION.— first-time homebuyers credit in the ‘‘(ii) items and services that are provided The provisions of subparagraph (D) of section solely to satisfy data collection and analysis 1927(b)(3), relating to confidentiality of infor- case of members of the Armed Forces and certain other Federal employees, needs and that are not used in the direct mation, shall apply to information reported clinical management of the patient; or by PDP sponsors under this paragraph in the and for other purposes; as follows: ‘‘(iii) a service that is clearly inconsistent same manner that such provisions apply to At the appropriate place, insert the fol- with widely accepted and established stand- information disclosed by manufacturers or lowing: ards of care for a particular diagnosis. wholesalers under such section, except— SEC. ll. SENSE OF THE SENATE PROMOTING ‘‘(3) USE OF IN-NETWORK PROVIDERS.—If one ‘‘(i) that any reference to ‘this section’ in FISCAL RESPONSIBILITY. or more participating providers is partici- clause (i) of such subparagraph shall be (a) FINDINGS.—The Senate makes the fol- pating in a clinical trial, nothing in para- treated as being a reference to this section; lowing findings: graph (1) shall be construed as preventing a ‘‘(ii) the reference to the Director of the (1) Based on Congressional Budget Office plan or issuer from requiring that a qualified Congressional Budget Office in clause (iii) of (CBO) estimates, this Act will reduce the individual participate in the trial through such subparagraph shall be treated as includ- Federal deficit between 2010 and 2019. such a participating provider if the provider ing a reference to the Medicare Payment Ad- (2) CBO projects this Act will continue to will accept the individual as a participant in visory Commission; and reduce budget deficits after 2019. the trial. ‘‘(iii) clause (iv) of such subparagraph shall (3) Based on CBO estimates, this Act will ‘‘(4) USE OF OUT-OF-NETWORK.—Notwith- not apply. extend the solvency of the Medicare HI Trust standing paragraph (3), paragraph (1) shall ‘‘(E) OVERSIGHT.—Information reported Fund. apply to a qualified individual participating under this paragraph may be used by the In- (4) This Act will increase the surplus in the in an approved clinical trial that is con- spector General of the Department of Health Social Security Trust Fund, which should be ducted outside the State in which the quali- and Human Services for the statutorily au- reserved to strengthen the finances of Social fied individual resides. thorized purposes of audit, investigation, and Security. ‘‘(b) QUALIFIED INDIVIDUAL DEFINED.—For evaluations. (5) The initial net savings generated by the purposes of subsection (a), the term ‘quali- ‘‘(F) PENALTIES FOR FAILURE TO PROVIDE Community Living Assistance Services and fied individual’ means an individual who is a TIMELY INFORMATION AND PROVISION OF FALSE Supports (CLASS) program are necessary to participant or beneficiary in a health plan or INFORMATION.—In the case of a PDP spon- ensure the long-term solvency of that pro- with coverage described in subsection (a)(1) sor— gram. and who meets the following conditions: ‘‘(i) that fails to provide information re- (b) SENSE OF THE SENATE.—It is the sense ‘‘(1) The individual is eligible to partici- quired under subparagraph (B) on a timely of the Senate that— pate in an approved clinical trial according basis, the sponsor is subject to a civil money (1) the additional surplus in the Social Se- to the trial protocol with respect to treat- penalty in the amount of $10,000 for each day curity Trust Fund generated by this Act ment of cancer or other life-threatening dis- in which such information has not been pro- should be reserved for Social Security and ease or condition. vided; or not spent in this Act for other purposes; and ‘‘(2) Either— ‘‘(ii) that knowingly (as defined in section (2) the net savings generated by the CLASS ‘‘(A) the referring health care professional 1128A(i)) provides false information under program should be reserved for the CLASS is a participating health care provider and such subparagraph, the sponsor is subject to program and not spent in this Act for other has concluded that the individual’s partici- a civil money penalty in an amount not to purposes. pation in such trial would be appropriate exceed $100,000 for each item of false infor- based upon the individual meeting the condi- mation. SA 2871. Mr. BROWN (for himself and tions described in paragraph (1); or Such civil money penalties are in addition to Mrs. HUTCHISON) submitted an amend- ‘‘(B) the participant or beneficiary pro- other penalties as may be prescribed by law. ment intended to be proposed to vides medical and scientific information es- The provisions of section 1128A (other than amendment SA 2786 proposed by Mr. tablishing that the individual’s participation subsections (a) and (b)) shall apply to a civil in such trial would be appropriate based REID (for himself, Mr. BAUCUS, Mr. money penalty under this subparagraph in upon the individual meeting the conditions the same manner as such provisions apply to DODD, and Mr. HARKIN) to the bill H.R. described in paragraph (1). a penalty or proceeding under section 3590, to amend the Internal Revenue ‘‘(c) LIMITATIONS ON COVERAGE.—This sec- 1128A(a).’’. Code of 1986 to modify the first-time tion shall not be construed to require a

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12345 group health plan, or a health insurance SA 2872. Mr. BROWN submitted an Beginning on page 1390, strike line 25 and issuer offering group or individual health in- amendment intended to be proposed to all that follows through line 21 on page 1393, surance coverage, to provide benefits for rou- amendment SA 2786 proposed by Mr. and insert the following: tine patient care services provided outside of ‘‘(4) to identify and refer underserved popu- REID (for himself, Mr. BAUCUS, Mr. the plan’s (or coverage’s) health care pro- lations to appropriate healthcare agencies vider network unless out-of-network benefits DODD, and Mr. HARKIN) to the bill H.R. and community-based programs and organi- are otherwise provided under the plan (or 3590, to amend the Internal Revenue zations in order to increase access to quality coverage). Code of 1986 to modify the first-time healthcare services and to eliminate duplica- ‘‘(d) APPROVED CLINICAL TRIAL DEFINED.— homebuyers credit in the case of mem- tive care; or ‘‘(1) IN GENERAL.—In this section, the term bers of the Armed Forces and certain ‘‘(5) to educate, guide, and provide home ‘approved clinical trial’ means a clinical other Federal employees, and for other visitation services regarding maternal trial (including a phase I, phase II, phase III, purposes; which was ordered to lie on health and prenatal care. or phase IV trial) that is conducted in rela- the table; as follows: ‘‘(c) APPLICATION.—Each eligible entity tion to the treatment of cancer or other life- that desires to receive a grant under sub- On page 1465, between lines 12 and 13, insert threatening disease or condition and is de- section (a) shall submit an application to the the following: scribed in any of the following subpara- Secretary, at such time, in such manner, and SEC. 5506. COUNTING RESIDENT TIME IN CER- graphs: accompanied by such information as the Sec- TAIN HOSPITALS. retary may require. ‘‘(A) The study or investigation is ap- (a) GME.—Section 1886(h)(4) of the Social ‘‘(d) PRIORITY.—In awarding grants under proved or funded (which may include funding Security Act (42 U.S.C. 1395ww(h)(4)), as through in-kind contributions) by one or subsection (a), the Secretary shall give pri- amended by sections 5504 and 5505, is amend- ority to applicants that— more of the following: ed— ‘‘(1) propose to target geographic areas— ‘‘(i) The National Institutes of Health. (1) in subparagraph (E), by striking ‘‘and ‘‘(A) with a high percentage of residents ‘‘(ii) The Centers for Disease Control and (K)’’ and inserting ‘‘, (K), and (L)’’; and who are eligible for health insurance but are Prevention. (2) by adding at the end the following new uninsured or underinsured; ‘‘(iii) The Agency for Health Care Research subparagraph: ‘‘(B) with a high percentage of residents and Quality. ‘‘(L) COUNTING RESIDENT TIME IN CERTAIN who suffer from chronic diseases; or ‘‘(iv) The Centers for Medicare & Medicaid HOSPITALS.— ‘‘(C) with a high infant mortality rate; Services. ‘‘(i) IN GENERAL.—Such rules shall provide ‘‘(2) have experience in providing health or ‘‘(v) A cooperative group or center of any that all the time spent by a resident under health-related social services to individuals of the entities described in clauses (i) an approved medical training program in a who are underserved with respect to such through (iv) or the Department of Defense or hospital described in clause (ii) shall be services; and the Department of Veterans Affairs. counted toward the determination of full- ‘‘(3) have documented community activity ‘‘(vi) A qualified non-governmental re- time equivalency by the hospital that incurs and experience with community health search entity identified in the guidelines the costs of the stipends and fringe benefits workers. issued by the National Institutes of Health of the resident during the time the resident for center support grants. ‘‘(e) COLLABORATION WITH ACADEMIC INSTI- spends in the hospital described in clause TUTIONS AND THE ONE-STOP DELIVERY SYS- ‘‘(vii) Any of the following if the condi- (ii). tions described in paragraph (2) are met: TEM.—The Secretary shall encourage com- ‘‘(ii) HOSPITAL DESCRIBED.—A hospital de- munity health worker programs receiving ‘‘(I) The Department of Veterans Affairs. scribed in this clause is a hospital that— ‘‘(II) The Department of Defense. funds under this section to collaborate with ‘‘(I) trains 3 or fewer full-time equivalent academic institutions and one-stop delivery ‘‘(III) The Department of Energy. residents annually; ‘‘(B) The study or investigation is con- systems under section 134(c) of the Work- ‘‘(II) consents, not later than 1 year after force Investment Act of 1998. Nothing in this ducted in accordance with the requirements the date on which the residents involved for investigational new drugs or investiga- section shall be construed to require such begin training under such approved medical collaboration. tional devices under the Federal Food, Drug, training program (and annually thereafter), and Cosmetic Act. ‘‘(f) EVIDENCE-BASED INTERVENTIONS.—The to forgo payments for direct graduate med- Secretary shall encourage community health ‘‘(C) The study or investigation is a clin- ical education costs under this subsection for ical trial of a drug or device that is exempt worker programs receiving funding under such residents; and this section to implement a process or an from the requirements described under sub- ‘‘(III) has not had an approved FTE resi- paragraph (B). outcome-based payment system that rewards dent amount determined for the hospital community health workers for connecting ‘‘(2) CONDITIONS FOR DEPARTMENTS.—The under paragraph (2) as of the date on which underserved populations with the most ap- conditions described in this paragraph, for a such residents begin such training.’’. study or investigation conducted by a De- propriate services at the most appropriate (b) IME.—Section 1886(d)(5)(B) of such Act time. Nothing in this section shall be con- partment, are that the study or investiga- (42 U.S.C. 1395ww(d)(5)(B)), as amended by tion has been reviewed and approved through strued to require such a payment. section 5505, is amended by adding at the end ‘‘(g) QUALITY ASSURANCE AND COST EFFEC- a system of peer review that the Secretary the following new clause: TIVENESS.—The Secretary shall establish determines— ‘‘(xi) The provisions of subparagraph (L) of guidelines for assuring the quality of the ‘‘(A) to be comparable to the system of subsection (h)(4) shall apply under this sub- training and supervision of community peer review of studies and investigations paragraph in the same manner as they apply health workers under the programs funded used by the National Institutes of Health, under such subsection.’’. under this section and for assuring the cost- and (c) CONFORMING AMENDMENT.—Section effectiveness of such programs. ‘‘(B) assures unbiased review of the highest 1886(h)(2) of such Act (42 U.S.C. 1395 ww(h)(2)) ‘‘(h) MONITORING.—The Secretary shall scientific standards by qualified individuals is amended by adding at the end the fol- monitor community health worker programs who have no interest in the outcome of the lowing new subparagraph: identified in approved applications under review. ‘‘(G) EXCEPTION TO DETERMINATION OF PER this section and shall determine whether ‘‘(e) LIFE-THREATENING CONDITION DE- RESIDENT AMOUNT.—The Secretary shall not such programs are in compliance with the FINED.—In this section, the term ‘life-threat- determine an approved FTE resident amount guidelines established under subsection (g). ening condition’ means any disease or condi- under this paragraph for any hospital de- ‘‘(i) TECHNICAL ASSISTANCE.—The Sec- tion from which the likelihood of death is scribed in paragraph (4)(L)(ii).’’. retary may provide technical assistance to probable unless the course of the disease or (d) EFFECTIVE DATE.—The amendments community health worker programs identi- condition is interrupted. made by this section shall apply to cost re- fied in approved applications under this sec- ‘‘(f) CONSTRUCTION.—Nothing in this sec- porting periods beginning on or after Janu- tion with respect to planning, developing, tion shall be construed to limit a plan’s or ary 1, 2009. and operating programs under the grant. issuer’s coverage with respect to clinical ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— trials. SA 2873. Mr. BROWN submitted an There are authorized to be appropriated, ‘‘(g) APPLICATION TO FEHBP.—Notwith- amendment intended to be proposed to such sums as may be necessary to carry out standing any provision of chapter 89 of title amendment SA 2786 proposed by Mr. this section for each of fiscal years 2010 5, United States Code, this section shall REID (for himself, Mr. BAUCUS, Mr. through 2014. apply to health plans offered under the pro- DODD, and Mr. HARKIN) to the bill H.R. ‘‘(k) DEFINITIONS.—In this section: gram under such chapter. 3590, to amend the Internal Revenue ‘‘(1) COMMUNITY HEALTH WORKER.—The ‘‘(h) PREEMPTION.—Notwithstanding any Code of 1986 to modify the first-time term ‘community health worker’ means an other provision of this Act, nothing in this homebuyers credit in the case of mem- individual who promotes health or nutrition section shall preempt State laws that re- within the community in which the indi- quire a clinical trials policy for State regu- bers of the Armed Forces and certain vidual resides— lated health insurance plans that is in addi- other Federal employees, and for other tion to the policy required under this sec- purposes; which was ordered to lie on SA 2874. Mr. BROWN submitted an tion.’’. the table; as follows: amendment intended to be proposed to

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12346 CONGRESSIONAL RECORD — SENATE December 3, 2009 amendment SA 2786 proposed by Mr. the Secretary of Health and Human Services and objectives and oversee all other activi- REID (for himself, Mr. BAUCUS, Mr. (in this section referred to as the ‘‘Sec- ties within the Public Health Service that DODD, and Mr. HARKIN) to the bill H.R. retary’’) shall issue product codes that quali- relate to disease prevention, health pro- 3590, to amend the Internal Revenue fied practitioners and suppliers may use to motion, service delivery, and research con- Code of 1986 to modify the first-time receive reimbursement under section 1834(h) cerning minority groups. The heads of each of the Social Security Act (42 U.S.C. of the agencies of the Service shall consult homebuyers credit in the case of mem- 1395m(h)) for qualified total body orthotic with the Deputy Assistant Secretary to en- bers of the Armed Forces and certain management devices used for the treatment sure the coordination of such activities. other Federal employees, and for other of nonambulatory individuals with severe ‘‘(2) Oversee all activities within the De- purposes; which was ordered to lie on musculoskeletal conditions who are in the partment of Health and Human Services that the table; as follows: full-time care of skilled nursing facilities (as relate to reducing or eliminating disparities On page 1069, line 1, insert ‘‘community defined in section 1861(j) of such Act (42 in health and health care in racial and eth- health workers,’’ after ‘‘social workers,’’. U.S.C. 1395x(j))). In issuing such codes, the nic minority populations and in rural and Secretary shall take all steps necessary to underserved communities, including coordi- SA 2875. Mr. BROWN submitted an prevent fraud and abuse. nating— amendment intended to be proposed to (b) QUALIFIED TOTAL BODY ORTHOTIC MAN- ‘‘(A) the design of programs, support for amendment SA 2786 proposed by Mr. AGEMENT DEVICE.—For purposes of this sec- programs, and the evaluation of programs; REID (for himself, Mr. BAUCUS, Mr. tion, the term ‘‘qualified total body orthotic ‘‘(B) the monitoring of trends in health and management device’’ means a medically-pre- DODD, and Mr. HARKIN) to the bill H.R. health care; scribed device which— ‘‘(C) research efforts; 3590, to amend the Internal Revenue (1) consists of custom fitted individual Code of 1986 to modify the first-time ‘‘(D) the training of health providers; and braces with adjustable points at the hips, ‘‘(E) information and education programs homebuyers credit in the case of mem- knee, ankle, elbow, and wrist, but only if— and campaigns. bers of the Armed Forces and certain (A) the individually adjustable braces are ‘‘(3) Enter into interagency and intra-agen- other Federal employees, and for other attached to a frame which is an integral cy agreements with other agencies of the purposes; which was ordered to lie on component of the device and cannot function Public Health Service. the table; as follows: or be used apart from the frame; and ‘‘(4) Ensure that the Federal health agen- (B) the frame is designed such that it On page 536, line 10, insert ‘‘community cies and the National Center for Health Sta- health worker,’’ after ‘‘social worker,’’. serves no purpose without the braces; and tistics collect data on the health status and (2) is designed to— health care of each minority group, using at SA 2876. Mr. BROWN submitted an (A) improve function; a minimum the categories specified in the amendment intended to be proposed to (B) retard progression of musculoskeletal 1997 OMB Standards for Maintaining, Col- amendment SA 2786 proposed by Mr. deformity; or lecting, and Presenting Federal Data on (C) restrict, eliminate, or assist in the REID (for himself, Mr. BAUCUS, Mr. Race and Ethnicity as required under sub- functioning of lower and upper extremities title B and available language standards. DODD, and Mr. HARKIN) to the bill H.R. and pelvic, spinal, and cervical regions of the ‘‘(5) Provide technical assistance to States, 3590, to amend the Internal Revenue body affected by injury, weakness, or de- local agencies, territories, Indian tribes, and Code of 1986 to modify the first-time formity, of an individual for whom stabiliza- entities for activities relating to the elimi- homebuyers credit in the case of mem- tion of affected areas of the body, or relief of nation of racial and ethnic disparities in bers of the Armed Forces and certain pressure points, is required for medical rea- health and health care. other Federal employees, and for other sons. ‘‘(6) Support a national minority health re- purposes; which was ordered to lie on source center to carry out the following: the table; as follows: SA 2878. Mr. CARDIN submitted an ‘‘(A) Facilitate the exchange of informa- amendment intended to be proposed to On page 816, after line 20, insert the fol- tion regarding matters relating to health in- lowing: amendment SA 2786 proposed by Mr. formation, health promotion and wellness, preventive health services, clinical trials, SEC. 3115. WAIVER OF MEDICARE DME SURETY REID (for himself, Mr. BAUCUS, Mr. BOND REQUIREMENT FOR CERTAIN DODD, and Mr. HARKIN) to the bill H.R. health information technology, and edu- DME SUPPLIERS. 3590, to amend the Internal Revenue cation in the appropriate use of health serv- Section 1834(a)(16) of the Social Security Code of 1986 to modify the first-time ices. ‘‘(B) Facilitate timely access to culturally Act (42 U.S.C. 1395m(a)(16)) is amended by homebuyers credit in the case of mem- adding at the end the following new sen- and linguistically appropriate information. tence: ‘‘The requirement for a surety bond bers of the Armed Forces and certain ‘‘(C) Assist in the analysis of such informa- described in subparagraph (B) shall not apply other Federal employees, and for other tion. in the case of a pharmacy or supplier that purposes; which was ordered to lie on ‘‘(D) Provide technical assistance with re- exclusively provides eyeglasses or contact the table; as follows: spect to the exchange of such information lenses as described in section 1861(s)(8) that At the appropriate place, insert the fol- (including facilitating the development of (i) is enrolled under section 1866(j) as a sup- lowing: materials for such technical assistance). plier of durable medical equipment, pros- ‘‘(7) Carry out programs to improve access thetics, orthotics, and supplies and has been TITLE llMINORITY HEALTH to health care services for individuals with issued (which may include renewal of) a pro- SEC. ll01. OFFICE OF MINORITY HEALTH. limited English proficiency. vider number (as described in the first sen- (a) IN GENERAL.—Section 1707 of the Public ‘‘(8) Carry out programs to improve access tence of this paragraph) for at least 5 years, Health Service Act (42 U.S.C. 300u–6) is to health care services and to improve the and (ii) for which a final adverse action (as amended— quality of health care services for individ- defined in section 424.57(a) of title 42, Code of (1) in subsection (a), by striking ‘‘within uals with low functional health literacy. As Federal Regulations) has never been im- the Office of Public Health and Science and used in the preceding sentence, the term posed.’’. all that follows through the end’’ and insert- ‘functional health literacy’ means the abil- ing ‘‘. The Office of Minority Health as exist- ity to obtain, process, and understand basic SA 2877. Mr. BROWN submitted an ing on the date of enactment of the Patient health information and services needed to amendment intended to be proposed to Protection and Affordable Care Act shall be make appropriate health decisions. amendment SA 2786 proposed by Mr. transferred to the Office of the Secretary in ‘‘(9) Advise in matters related to the devel- REID (for himself, Mr. BAUCUS, Mr. such manner that there is established in the opment, implementation, and evaluation of DODD, and Mr. HARKIN) to the bill H.R. Office of the Secretary, the Office of Minor- health professions education on decreasing 3590, to amend the Internal Revenue ity Health, which shall be headed by the disparities in health care outcomes, with Code of 1986 to modify the first-time Deputy Assistant Secretary for Minority focus on cultural competency as a method of Health who shall report directly to the Sec- eliminating disparities in health and health homebuyers credit in the case of mem- retary, and shall retain and maintain an Ad- care in racial and ethnic minority popu- bers of the Armed Forces and certain visory Committee on Minority Health as pro- lations. other Federal employees, and for other vided for under subsection (c).’’ and ‘‘(10) Assist health care professionals, com- purposes; which was ordered to lie on (2) by striking subsection (b) and inserting munity and advocacy organizations, aca- the table; as follows: the following: demic centers and public health departments On page 869, between lines 14 and 15, insert ‘‘(b) DUTIES.—With respect to improving in the design and implementation of pro- the following: the health of racial and ethnic minority grams that will improve the quality of SEC. 3143. REIMBURSEMENT FOR TOTAL BODY groups, the Secretary, acting through the health outcomes by strengthening the pro- ORTHOTIC MANAGEMENT FOR CER- Deputy Assistant Secretary, shall carry out vider-patient relationship. TAIN NURSING HOME PATIENTS. the following: ‘‘(11) In carrying our this subsection— (a) IN GENERAL.—Not later than 60 days ‘‘(1) Establish, implement, monitor, and ‘‘(A) award grants, contracts, enter into after the date of the enactment of this Act, evaluate short-range and long-range goals memoranda of understanding, cooperative,

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12347 interagency, intra-agency and other agree- every second year thereafter, the Secretary carrying out activities under this section ments with public and nonprofit private en- of Health and Human Services shall prepare through the minority health office of the tities, agencies, as well as Departmental and and submit to the appropriate committees of agency. In reserving an amount under the Cabinet agencies and organizations; and Congress a report describing the activities preceding sentence for a minority health of- ‘‘(B) award grants, contracts, enter into carried out under section 1707 of the Public fice for a fiscal year, the Secretary shall re- memoranda of understanding, cooperative Health Service Act (as amended by this sec- duce, by substantially the same percentage, and other agreements with organizations tion) during the period for which the report the amount that otherwise would be avail- that are indigenous human resource pro- is being prepared. able for each of the programs of the des- viders in communities of color to assure im- (2) AGENCY REPORTS.—Not later than 1 year ignated agency involved. proved health status of racial and ethnic mi- after the date of enactment of this section, ‘‘(2) AVAILABILITY OF FUNDS FOR STAFF- norities. and biennially thereafter, the heads of each ING.—The purposes for which amounts made ‘‘(12) Directly or through contracts with of the agencies of the Public Health Service available under paragraph may be expended public and private entities, agencies, and shall submit to the Deputy Assistant Sec- by a minority health office include the costs nonprofit organizations, provide for evalua- retary for Minority Health a report summa- of employing staff for such office.’’. tions of projects carried out with awards rizing the minority health activities of each made the Office and for the dissemination of SEC. ll03. OFFICE OF MINORITY HEALTH AT of the respective agencies. THE CENTERS FOR MEDICARE & information developed as a result of such SEC. ll02. ESTABLISHMENT OF INDIVIDUAL OF- MEDICAID SERVICES. projects.’’; FICES OF MINORITY HEALTH WITH- (3) by redesignating subsections (f) through IN AGENCIES OF THE PUBLIC (a) IN GENERAL.—Not later than 60 days (h) as subsections (g) through (i), respec- HEALTH SERVICE. after the date of enactment of this Act, the tively; Title XVII of the Public Health Service Secretary of Health and Human Services (4) by inserting after subsection (e) the fol- Act (42 U.S.C. 300u et seq.) is amended by in- shall establish within the Centers for Medi- lowing: serting after section 1707 the following sec- care & Medicaid Services an Office of Minor- ‘‘(f) PREPARATION OF HEALTH PROFES- tion: ity Health (referred to in this section as the SIONALS TO PROVIDE HEALTH CARE TO MINOR- ‘‘SEC. 1707A. INDIVIDUAL OFFICES OF MINORITY ‘‘Office’’). ITY POPULATIONS.—The Secretary, in collabo- HEALTH WITHIN PUBLIC HEALTH (b) DUTIES.—The Office shall be responsible ration with the Director of the Bureau of SERVICE. for the coordination and facilitation of ac- Health Professions and the Deputy Assistant ‘‘(a) IN GENERAL.—The head of each agency tivities of the Centers for Medicare & Med- Secretary for Minority Health, shall require specified in subsection (b)(1) shall establish icaid Services to improve minority health that health professional schools that receive within the agency an office to be known as and health care and to reduce racial and eth- Federal funds train future health profes- the Office of Minority Health. The head of nic disparities in health and health care, sionals to provide culturally and linguis- each such Office shall be appointed by the which shall include— tically appropriate health care to diverse head of the agency within which the Office is (1) creating a strategic plan, which shall be populations.’’; and established, and shall report directly to the made available for public review, to improve (5) by striking subsection (i) (as so redesig- head of the agency. The head of such agency the health and health care of Medicare, Med- nated) and inserting the following: shall carry out this section (as this section icaid, and SCHIP beneficiaries; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— relates to the agency) acting through such (2) promoting agency-wide policies relating For the purpose of carrying out this section, Director. to health care delivery and financing that there are authorized to be appropriated such ‘‘(b) SPECIFIED AGENCIES.— could have a beneficial impact on the health sums as may be necessary for each of fiscal ‘‘(1) IN GENERAL.—The agencies referred to and health care of minority populations; years 2011 through 2016.’’. in subsection (a) are the following: (3) assisting health plans, hospitals, and (b) TRANSFER OF FUNCTIONS.—There are ‘‘(A) The Centers for Disease Control and transferred to the Office of Minority Health other health entities in providing culturally Prevention. and linguistically appropriate health care in the office of the Secretary of Health and ‘‘(B) The Health Resources and Services Human Services, the Deputy Assistant Sec- services; Administration. (4) increasing awareness and outreach ac- retary for Minority Health who shall report ‘‘(C) The Substance Abuse and Mental directly to the Secretary of Health and tivities for minority health care consumers Health Services Administration. Human Services. All duties, responsibilities, and providers about the causes and remedies ‘‘(D) The Agency for Healthcare Research accountabilities and functions exercised by for health and health care disparities; and Quality. the Deputy Assistant Secretary for Minority (5) developing grant programs and dem- ‘‘(E) The Food and Drug Administration. Health and by the Office of Minority Health onstration projects to identify, implement ‘‘(c) COMPOSITION.—The head of each speci- of the Public Health Service prior to the and evaluate innovative approaches to im- fied agency shall ensure that the officers and date of enactment of this section shall trans- proving the health and health care of minor- employees of the minority health office of fer with the Office and the Deputy Assistant ity beneficiaries in the Medicare, Medicaid, Secretary for Minority Health, including all the agency are, collectively, experienced in and SCHIP programs; personnel and compensation authority, all carrying out community-based health pro- (6) considering incentive programs relating delegation and assignment authority, all grams for each of the various racial and eth- to reimbursement that would reward health committees including the Advisory Com- nic minority groups that are present in sig- entities for providing quality health care for mittee on Minority Health and other com- nificant numbers in the United States. minority populations using established mittees, entities and councils, and all re- ‘‘(d) DUTIES.—Each head of a minority benchmarks for quality of care; maining appropriations. All orders, deter- health office shall establish and monitor the (7) collaborating with the compliance of- minations, rules, regulations, permits, agree- programs of the specified agency of such of- fice to ensure compliance with the anti-dis- ments, grants, contracts, certificates, li- fice in order to carry out the following: crimination provisions under title VI of the censes, registrations, privileges, and other ‘‘(1) Determine the extent to which the Civil Rights Act of 1964; administrative actions that— purposes of the programs are being carried (8) identifying barriers to enrollment in (1) have been issued, made, granted, or al- out with respect to racial and ethnic minor- public programs under the jurisdiction of the lowed to become effective by the President, ity groups; Centers for Medicare & Medicaid Services; any Federal agency or official thereof, or by ‘‘(2) Determine the extent to which mem- (9) monitoring and evaluating on a regular a court of competent jurisdiction, in the per- bers of such groups are represented among basis the success of minority health pro- formance of functions transferred under this the Federal officers and employees who ad- grams and initiatives; paragraph; and minister the programs; and (10) publishing an annual report about the (2) transfers with the Deputy Assistant ‘‘(3) Make recommendations to the head of activities of the Centers for Medicare & Med- Secretary for Minority Health are in effect such agency on carrying out the programs icaid Services relating to minority health at the time this section takes effect, or were with respect to such groups. In the case of improvement; and final before the date of enactment of this programs that provide services, such rec- (11) other activities determined appro- section and are to become effective on or ommendations shall include recommenda- priate by the Secretary of Health and Human after such date, transfers with and to the Of- tions toward ensuring that— Services. fice of Minority Health within the Office of ‘‘(A) the services are equitably delivered (c) STAFF.—The staff at the Office shall in- the Secretary and remain the authority, re- with respect to racial and ethnic minority groups; and clude— sponsibility and accountability of the Office; (1) one or more individuals with expertise shall continue in effect according to their ‘‘(B) the programs provide the services in in minority health and racial and ethnic terms until modified, terminated, super- the language and cultural context that is seded, set aside, or revoked in accordance most appropriate for the individuals for health disparities; and with law by the President, the Secretary, a whom the services are intended. (2) one or more individuals with expertise court of competent jurisdiction, or by oper- ‘‘(e) FUNDING.— in health care financing and delivery in un- ation of law. ‘‘(1) ALLOCATIONS.—Of the amounts appro- derserved communities. (c) REPORTS.— priated for a specified agency for a fiscal (d) COORDINATION.—In carrying out its du- (1) IN GENERAL.—Not later than 1 year after year, the Secretary must designate an appro- ties under this section, the Office shall co- the date of enactment of this section, and priate amount of funds for the purpose of ordinate with—

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12348 CONGRESSIONAL RECORD — SENATE December 3, 2009

(1) the Office of Minority Health in the Of- SEC. ll05. NATIONAL INSTITUTE FOR MINORITY ‘‘(1) IN GENERAL.—Subject to the provisions fice of the Secretary of Health and Human HEALTH AND HEALTH DISPARITIES. of this section and other applicable law, the Services; (a) REDESIGNATION.— Director of the Institute, in consultation (2) the National Institute for Minority (1) IN GENERAL.—Title IV of the Public with the Director of NIH, the Directors of Health and Health Disparities (as so redesig- Health Service Act (42 U.S.C. 281 et seq.) is the other institutes and centers of the Na- nated by section l05) in the National Insti- amended— tional Institutes of Health, and the advisory tutes of Health; and (A) in section 401(b)(24), by striking ‘‘Na- council established pursuant to subsection (3) the Office of Minority Health in the tional Center on Minority Health and Health (j), shall— Centers for Disease Control and Prevention. Disparities’’ and inserting ‘‘National Insti- ‘‘(A) annually review and revise a strategic (e) AUTHORIZATION OF APPROPRIATIONS.— tute for Minority Health and Health Dispari- plan (referred to in this section as ‘the plan’) For the purpose of carrying out this section, ties’’; and and budget for the conduct and support of all there are authorized to be appropriated such (B) in subpart 6 of part E— minority health disparity research and other sums may be necessary for each of fiscal (i) in the subpart heading, by striking health disparity research activities of the in- years 2011 through 2016. ‘‘Center’’ and inserting ‘‘Institute’’; stitutes and centers of the National Insti- SEC. ll04. OFFICE OF MINORITY AFFAIRS AT (ii) in the headings of sections 485E and tutes of Health that include time-based tar- THE FOOD AND DRUG ADMINISTRA- 485H, by striking ‘‘CENTER’’ and inserting TION. geted objectives with measurable outcomes ‘‘INSTITUTE’’; and and assure that the annual review and revi- Chapter X of the Federal Food, Drug, and (iii) by striking (other than in section Cosmetic Act (21 U.S.C. 391 et seq.) is amend- sion of the plan uses an established trans-Na- 485E(i)(1)) the term ‘‘Center’’ each place it tional Institutes of Health process subject to ed by adding at the end the following: appears and inserting ‘‘Institute’’. timely review, approval, and dissemination; ‘‘SEC. 1011. OFFICE OF MINORITY AFFAIRS. (2) REFERENCES.—Any reference in any law, ‘‘(B) ensure that the plan and budget estab- ‘‘(a) IN GENERAL.—Not later than 60 days map, regulation, document, paper, or other lish priorities among the health disparities after the date of enactment of this section, record of the United States to the National research activities that such agencies are au- the Secretary shall establish within the Of- Center on Minority Health and Health Dis- thorized to carry out; fice of the Commissioner of Food and Drugs parities shall be deemed to be a reference to ‘‘(C) ensure that the plan and budget estab- an Office of Minority Affairs (referred to in the National Institute for Minority Health lish objectives regarding such activities, de- this section as the ‘Office’). and Health Disparities. ‘‘(b) DUTIES.—The Office shall be respon- scribe the means for achieving the objec- (b) DUTIES; AUTHORITIES; FUNDING.—Sec- sible for the coordination and facilitation of tives, and designate the date by which the tion 485E of the Public Health Service Act activities of the Food and Drug Administra- objectives are expected to be achieved; (42 U.S.C. 287c–31) is amended— tion to improve minority health and health ‘‘(D) ensure that all amounts appropriated (1) by amending subsection (e) to read as care and to reduce racial and ethnic dispari- for such activities are expended in accord- follows: ties in health and health care, which shall ance with the plan and budget; include— ‘‘(e) DUTIES OF THE DIRECTOR.— ‘‘(E) annually submit to Congress a report ‘‘(1) promoting policies in the development ‘‘(1) INTERAGENCY COORDINATION OF MINOR- on the progress made with respect to the ITY HEALTH AND HEALTH DISPARITY ACTIVI- and review of medical products that reduce plan; and TIES.—With respect to minority health and racial and ethnic disparities in health and ‘‘(F) create and implement a plan for the health disparities, the Director of the Insti- health care; systemic review of research activities sup- tute shall plan, coordinate, and evaluate re- ‘‘(2) encouraging appropriate data collec- ported by the National Institutes of Health search and other activities conducted or sup- tion, analysis, and dissemination of racial that are within the mission of both the Insti- ported by the institutes and centers of the and ethnic differences using, at a minimum, tute and other institutes and centers of the National Institutes of Health. In carrying the categories described in the 1997 Office of National Institutes of Health, including by out the preceding sentence, the Director of Management and Budget standards, in re- establishing mechanisms for— the Institute shall evaluate the minority sponse to different therapies in both adult ‘‘(i) tracking minority health and health health and health disparity activities of each and pediatric populations; disparity research conducted within the in- of such institutes and centers and shall pro- ‘‘(3) providing, in coordination with other stitutes and centers assessing the appro- appropriate government agencies, education, vide for the periodic reevaluation of such ac- tivities. Such institutes and centers shall be priateness of this research with regard to the training, and support to increase participa- overall goals and objectives of the plan; tion of minority patients and physicians in responsible for providing information to the Institute, including data on clinical trials ‘‘(ii) the early identification of applica- clinical trials; tions and proposals for grants, contracts, and ‘‘(4) collecting and analyzing data using, at funded or conducted by these institutes and centers. cooperative agreements supporting extra- a minimum, the categories described in the mural training, research, and development, 1997 Office of Management and Budget stand- ‘‘(2) CONSULTATIONS.—The Director of the Institute shall carry out this subpart (in- that are submitted to the institutes and cen- ards, on the number of participants from mi- ters that are within the mission of the Insti- nority racial and ethnic backgrounds in clin- cluding developing and revising the plan and budget required by subsection (f) in consulta- tute; ical trials used to support medical product ‘‘(iii) providing the Institute with the writ- approvals; tion with the heads of the institutes and cen- ters of the National Institutes of Health, the ten descriptions and scientific peer review ‘‘(5) the identification of methods to reduce results of such applications and proposals; language and literacy barriers; and advisory councils of such institutes and cen- ters, and the advisory council established ‘‘(iv) enabling the institutes and centers to ‘‘(6) publishing an annual report about the consult with the Director of the Institute activities of the Food and Drug Administra- pursuant to subsection (j). ‘‘(3) COORDINATION OF ACTIVITIES.—The Di- prior to final approval of such applications tion pertaining to minority health. and proposals; and ‘‘(c) STAFF.—The staff of the Office shall rector of the Institute— ‘‘(v) reporting to the Director of the Insti- include— ‘‘(A) shall act as the primary Federal offi- tute all such applications and proposals that ‘‘(1) one or more individuals with expertise cial with responsibility for coordinating all are approved for funding by the institutes in the design and conduct of clinical trials of research and activities conducted or sup- and centers. drugs, biological products, and medical de- ported by the National Institutes of Health ‘‘(2) CERTAIN COMPONENTS OF PLAN AND vices; and on minority or other health disparities; BUDGET.—With respect to health disparities ‘‘(2) one or more individuals with expertise ‘‘(B) shall represent the health disparities in therapeutic classes or disease states for research program of the National Institutes research activities of the agencies of the Na- which medical evidence suggests a difference of Health, including the minority health and tional Institutes of Health, the Director of based on race or ethnicity. other health disparities research program, at the Institute shall ensure that the plan and ‘‘(d) COORDINATION.—In carrying out its du- all relevant executive branch task forces, budget under paragraph (1) provide for— ties under this section, the Office shall co- committees, and planning activities; and ‘‘(A) basic research and applied research, ordinate with— ‘‘(C) shall maintain communications with including research and development with re- ‘‘(1) the Office of Minority Health in the all relevant agencies of the Public Health spect to products; Office of the Secretary of Health and Human Service, including the Indian Health Service, ‘‘(B) research that is conducted by the Services; and various other departments and agencies agencies; ‘‘(2) the National Institute for Minority of the Federal Government to ensure the ‘‘(C) research that is supported by the Health and Health Disparities in the Na- timely transmission of information con- agencies; tional Institutes of Health; and cerning advances in minority health dispari- ‘‘(D) proposals developed pursuant to so- ‘‘(3) the Office of Minority Health in the ties research and other health disparities re- licitations by the agencies and for proposals Centers for Disease Control and Prevention. search among these various agencies for dis- developed independently of such solicita- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— semination to affected communities and tions; and For the purpose of carrying out this section, health care providers.’’; ‘‘(E) behavioral research and social there are authorized to be appropriated such (2) by amending subsection (f) to read as sciences research, which may include cul- sums as may be necessary for each of the fis- follows: tural and linguistic research in each of the cal years 2011 through 2016.’’. ‘‘(f) STRATEGIC PLAN.— agencies.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12349

‘‘(3) MINORITY HEALTH DISPARITIES RE- ‘‘(I) continuing the conduct by the insti- housing assistance programs, the supple- SEARCH.—The plan and budget under para- tutes and centers of the National Institutes mental nutrition assistance program estab- graph (1) shall include a separate statement of Health of existing minority health and lished under the Food and Nutrition Act of of the plan and budget for minority health health disparity activities (if approved for 2008 (7 U.S.C. 2011 et seq.), and other methods disparities research.’’; continuation), and continuing the support of as determined appropriate by the Secretary. (3) by amending subsection (h) to read as such activities by the institutes and centers (c) DEFINITIONS.—In this section: follows: in the case of projects or programs for which (1) DUAL ELIGIBLE INDIVIDUAL.—The term ‘‘(h) RESEARCH ENDOWMENTS.— the institutes or centers have made a com- ‘‘dual eligible individual’’ means an indi- ‘‘(1) IN GENERAL.—The Director of the In- mitment of continued support; and vidual who is— stitute shall carry out a program to facili- ‘‘(II) carrying out activities that are in ad- (A) entitled to benefits under part A of tate minority health and health disparities dition to activities specified in subclause (I), title XVIII of the Social Security Act or en- research and other health disparities re- only for which the Director determines there rolled for benefits under part B of such title; search by providing research endowments is the most substantial need. (B) entitled to medical assistance under a at— ‘‘(iii) Such other budget estimates as the State plan under title XIX of such Act; ‘‘(A) centers of excellence under section Director of the Institute determines to be (C) not an institutionalized individual or 736; and appropriate.’’. couple (as defined in section 1902(q)(1)(B) of ‘‘(B) centers of excellence under section such Act (42 U.S.C. 1396a(q)(1)(B))); and 485F. SA 2879. Mr. CARDIN submitted an (D) receiving home and community-based ‘‘(2) ELIGIBILITY.—The Director of the In- amendment intended to be proposed to services under a State Medicaid plan (or a stitute shall provide for a research endow- waiver of such plan) under title XIX of the ment under paragraph (1) only if the institu- amendment SA 2786 proposed by Mr. REID (for himself, Mr. BAUCUS, Mr. Social Security Act. tion involved meets the following conditions: (2) SSI MEDICAID BENEFICIARY.—The term DODD, and Mr. HARKIN) to the bill H.R. ‘‘(A) The institution does not have an en- ‘‘SSI Medicaid beneficiary’’ means an indi- dowment that is worth in excess of an 3590, to amend the Internal Revenue vidual who— amount equal to 50 percent of the national Code of 1986 to modify the first-time (A) is eligible for medical assistance under average of endowment funds at institutions homebuyers credit in the case of mem- a State plan or waiver under title XIX of the that conduct similar biomedical research or bers of the Armed Forces and certain Social Security Act and is enrolled in such training of health professionals. other Federal employees, and for other plan or waiver; ‘‘(B) The application of the institution (B) receives benefits under the supple- under paragraph (1) regarding a research en- purposes; which was ordered to lie on the table; as follows: mental security income program under title dowment has been recommended pursuant to XVI of the Social Security Act (42 U.S.C. 1381 technical and scientific peer review and has On page 974, between lines 9 and 10, insert et seq.); and been approved by the advisory council estab- the following: (C) receives home and community-based lished pursuant to subsection (j). SEC. 3316. HHS STUDIES AND REPORTS ON MED- services (including such services provided in ‘‘(C) The institution at any time was ICAID BENEFICIARIES AND DUAL EL- an assisted living facility). deemed to be eligible to receive a grant IGIBLE INDIVIDUALS RECEIVING (3) SECRETARY.—The term ‘‘Secretary’’ under section 736 and at any time received a CARE IN HOME AND COMMUNITY- means the Secretary of Health and Human research endowment under paragraph (1).’’; BASED SETTINGS. Services. and (a) STUDY AND REPORT ON DUAL ELIGI- (4) by adding at the end the following: BLES.—Not later than 180 days after the date f ‘‘(k) FUNDING.— of enactment of this Act, the Secretary shall AUTHORITY FOR COMMITTEES TO ‘‘(1) FULL FUNDING BUDGET.— conduct a study and submit to Congress a re- ‘‘(A) IN GENERAL.—With respect to a fiscal port that— MEET year, the Director of the Institute shall pre- (1) analyzes whether dual eligible individ- COMMITTEE ON BANKING, HOUSING, AND URBAN pare and submit directly to the President, uals (as described under subsection (c)(1)) AFFAIRS for review and transmittal to Congress, a have income levels, prescription drug re- Mr. BAUCUS. Mr. President, I ask budget estimate for carrying out the plan for quirements, and types and levels of dis- unanimous consent that the Com- the fiscal year, after reasonable opportunity ability that are comparable to dual eligible for comment (but without change) by the individuals for whom cost-sharing is elimi- mittee on Banking, Housing, and Secretary, the Director of the National Insti- nated under section 1860D–14(a)(1)(D)(i) of the Urban Affairs be authorized to meet tutes of Health, the directors of the other in- Social Security Act (42 U.S.C. 1395w– during the session of the Senate on De- stitutes and centers of the National Insti- 114(a)(1)(D)(i)), as amended by section 3309; cember 3, 2009, at 10 a.m. tutes of Health, and the advisory council es- (2) determines whether dual eligible indi- The PRESIDING OFFICER. Without tablished pursuant to subsection (j). The viduals have adequate access to prescription objection, it is so ordered. budget estimate shall include an estimate of medication; and COMMITTEE ON COMMERCE, SCIENCE, AND the number and type of personnel needs for (3) provides recommendations to address TRANSPORTATION the Institute. any deficiencies in regard to access to pre- Mr. BAUCUS. Mr. President, I ask ‘‘(B) AMOUNTS NECESSARY.—The budget es- scription drugs by dual eligible individuals, timate submitted under subparagraph (A) including an analysis regarding elimination unanimous consent that the Com- shall estimate the amounts necessary for the of cost sharing for all such individuals under mittee on Commerce, Science, and institutes and centers of the National Insti- the prescription drug program under part D Transportation be authorized to meet tutes of Health to carry out all minority of title XVIII of the Social Security Act. during the session of the Senate on De- health and health disparities activities de- (b) STUDY AND REPORT ON SSI LOW-INCOME cember 3, 2009. termined by the Director of the Institute to MEDICAID BENEFICIARIES.—Not later than 12 The PRESIDING OFFICER. Without be appropriate, without regard to the prob- months after the date of enactment of this objection, it is so ordered. ability that such amounts will be appro- Act, the Secretary shall conduct a study and priated. submit to Congress a report that— COMMITTEE ON ENERGY AND NATURAL RESOURCES ‘‘(2) ALTERNATE BUDGETS.— (1) determines whether benefits provided to ‘‘(A) IN GENERAL.—With respect to a fiscal SSI Medicaid beneficiaries (as described Mr. BAUCUS. Mr. President, I ask year, the Director of the Institute shall pre- under subsection (c)(2)) under the supple- unanimous consent that the Com- pare and submit to the Secretary and the Di- mental security income program are suffi- mittee on Energy and Natural Re- rector of the National Institutes of Health cient to cover expenses for room and board sources be authorized to meet during the budget estimates described in subpara- that are incurred by such beneficiaries; the session of the Senate to conduct a graph (B) for carrying out the plan for the (2) analyzes the process used for deter- hearing on December 3, 2009, at 10 a.m., fiscal year. The Secretary and such Director mining the amount of benefits provided to in Room SD–366 of the Dirksen Senate shall consider each of such estimates in SSI Medicaid beneficiaries under the supple- making recommendations to the President mental security income program, including Office Building. regarding a budget for the plan for such whether such amounts— The PRESIDING OFFICER. Without year. (A) adequately reflect expenses for room objection, it is so ordered. ‘‘(B) DESCRIPTION.—With respect to the fis- and board that are incurred by such bene- COMMITTEE ON FOREIGN RELATIONS cal year involved, the budget estimates re- ficiaries; and Mr. BAUCUS. Mr. President, I ask ferred to in subparagraph (A) for the plan are (B) are sufficient to meet the needs of unanimous consent that the Com- as follows: beneficiaries who are disabled; and mittee on Foreign Relations be author- ‘‘(i) The budget estimate submitted under (3) identifies methods to provide additional paragraph (1). support for SSI Medicaid beneficiaries in ized to meet during the session of the ‘‘(ii) A budget estimate developed on the covering their expenses for room and board, Senate on December 3, 2009, at 9 a.m., assumption that the amounts appropriated including benefits provided under Housing to hold a hearing entitled ‘‘Afghani- will be sufficient only for— and Urban Development programs and other stan: Assessing the Road Ahead.’’

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12350 CONGRESSIONAL RECORD — SENATE December 3, 2009 The PRESIDING OFFICER. Without icy fellow, Dr. Janet Phoenix, have suant to the binding arbitration mechanism objection, it is so ordered. floor privileges throughout the consid- provided for in this Protocol, the Secretary of Treasury shall transmit the text of the COMMITTEE ON HOMELAND SECURITY AND eration of this debate on H.R. 3590. rules of procedure applicable to arbitration GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Is there panels, including conflict of interest rules to Mr. BAUCUS. Mr. President, I ask objection? be applied to members of the arbitration unanimous consent that the Com- Without objection, it is so ordered. panel, to the committees on Finance and mittee on Homeland Security and Gov- f Foreign Relations of the Senate and the ernmental Affairs be authorized to Joint Committee on Taxation. meet during the session of the Senate EXECUTIVE SESSION 2. Sixty days after a determination has on December 3, 2009, at 10 a.m. been reached by an arbitration panel in the The PRESIDING OFFICER. Without tenth arbitration proceeding conducted pur- suant to this Protocol, the 2006 Protocol objection, it is so ordered. PROTOCOL AMENDING TAX CONVENTION WITH FRANCE Amending the Convention between the COMMITTEE ON INDIAN AFFAIRS United States of America and the Federal Mr. BAUCUS. Mr. President, I ask Mr. CASEY. Mr. President, I ask Republic of Germany for the Avoidance of unanimous consent that the Com- unanimous consent that the Senate Double Taxation and the Prevention of Fis- mittee on Indian Affairs be authorized proceed to executive session to con- cal Evasion with Respect to Taxes on Income to meet during the session of the Sen- sider Executive Calendar No. 1, Treaty and Capital and to Certain Other Taxes (the ate in Room 628 on December 3, 2009, at Document No. 111–4, Protocol Amend- ‘‘2006 German Protocol’’) (Treaty Doc. 109– ing Tax Convention with France; that 20), the Convention between the Government 2:15 p.m. of the Dirksen Senate Office of the United States of America and the Gov- Building. the treaty be considered as having ad- ernment of the Kingdom of Belgium for the The PRESIDING OFFICER. Without vanced through the various parliamen- Avoidance of Double Taxation and the Pre- objection, it is so ordered. tary stages, up to and including the vention of Fiscal Evasion with Respect to COMMITTEE ON THE JUDICIARY presentation of the resolution of ratifi- Taxes on Income, and accompanying pro- Mr. BAUCUS. Mr. President, I ask cation; that any committee under- tocol (the ‘‘Belgium Convention’’) (Treaty unanimous consent that the Com- standing, declaration, or condition be Doc. 110–3), or the Protocol Amending the agreed to as applicable; that any state- Convention between the United States of mittee on the Judiciary be authorized America and Canada with Respect to Taxes to meet during the session of the Sen- ments be printed in the RECORD; fur- on Income and on Capital (the ‘‘2007 Canada ate on December 3, 2009, at 10 a.m., in ther, that when the vote on the resolu- Protocol’’) (Treaty Doc. 110–15), the Sec- Room SD–226 of the Dirksen Senate Of- tion of ratification is taken, the mo- retary of Treasury shall prepare and submit fice Building, to conduct an executive tion to reconsider be considered made a detailed report to the Joint Committee on business meeting. and laid upon the table, and the Presi- Taxation and the Committee on Finance of The PRESIDING OFFICER. Without dent be immediately notified of the the Senate, subject to law relating to tax- objection, it is so ordered. Senate’s action. payer confidentiality, regarding the oper- The PRESIDING OFFICER. Without ation and application of the arbitration SELECT COMMITTEE ON INTELLIGENCE mechanism contained in the aforementioned Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. treaties. The report shall include the fol- unanimous consent that the Select Mr. CASEY. Mr. President, I ask for lowing information: Committee on Intelligence be author- a division vote on the resolution of I. The aggregate number, for each treaty, ized to meet during the session of the ratification. of cases pending on the respective dates of Senate on December 3, 2009, at 2:30 p.m. The PRESIDING OFFICER. A divi- entry into force of this Protocol, the 2006 The PRESIDING OFFICER. Without sion vote has been requested. Senators German Protocol, the Belgium Convention, objection, it is so ordered. in favor of the resolution of ratifica- and the 2007 Canada Protocol, along with the following additional information regarding SUBCOMMITTEE ON NATIONAL PARKS tion will rise and stand until counted. these cases: Mr. BAUCUS. Mr. President, I ask Those opposed will rise and stand until a. The number of such cases by treaty arti- unanimous consent that the Sub- counted. cle(s) at issue; committee on National Parks be au- On a division, two-thirds of the Sen- b. The number of such cases that have been thorized to meet during the session of ators present and voting having voted resolved by the competent authorities in the affirmative, the resolution of through a mutual agreement as of the date the Senate to conduct a hearing on De- of the report; and cember 3, 2009, at 2:30 p.m., in Room ratification is agreed to. c. The number of such cases for which arbi- SD–366 of the Dirksen Senate Office The resolution of ratification agreed tration proceedings have commenced as of Building. to is as follows: the date of the report. The PRESIDING OFFICER. Without Resolved, (two-third of the Senators present II. A list of every case presented to the objection, it is so ordered. concurring therein), competent authorities after the entry into force of this Protocol, the 2006 German Pro- SUBCOMMITTEE ON WATER AND WILDLIFE Section 1. Senate Advice and Consent sub- tocol, the Belgium Convention, and the 2007 Mr. BAUCUS. Mr. President, I ask ject to a declaration and a condition. The senate advises and consents to the Canada Protocol, with the following infor- unanimous consent that the Sub- ratification of the Protocol Amending the mation regarding each case: committee on Water and Wildlife of the convention between the Government of the a. The commencement date of the case for Committee on Environment and Public United States of America and the Govern- purposes of determining when arbitration is Works be authorized to meet during ment of the French Republic for the Avoid- available; the session of the Senate on December ance of Double Taxation and the Prevention b. Whether the adjustment triggering the case, if any, was made by the United States 3, 2009, at 2 p.m. in Room 406 of the of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris on Au- or the relevant treaty partner; Dirksen Senate Office Building. c. Which treaty the case relates to; The PRESIDING OFFICER. Without gust 31, 1994, as Amended by the Protocol d. The treaty article(s) at issue in the case; objection, it is so ordered. signed on December 8, 2004, signed on Janu- e. The date the case was resolved by the ary 13, 2009, at Paris, together with a related competent authorities through a mutual f Memorandum of Understanding, signed Jan- agreement, if so resolved; PRIVILEGES OF THE FLOOR uary 13, 2009 (the ‘‘Protocol’’) (Treaty Doc. f. The date on which an arbitration pro- 111–4), subject to the declaration of section 2 ceeding commenced, if an arbitration pro- Mr. BAUCUS. Mr. President, I ask and the condition of section 3. ceeding commenced; and unanimous consent that Stacey Sachs, Section 2. Declaration. g. The date on which a determination was a detailee in the Senate HELP Com- The advice and consent of the Senate reached by the arbitration panel, if a deter- mittee Majority Health Office, be under section 1 is subject to the following mination was reached, and an indication as granted the privileges of the floor for declaration: to whether the panel found in favor of the the duration of H.R. 3590, the Patient The Protocol is self-executing. United States or the relevant treaty partner. Protection and Affordable Care Act. Section 3. Condition. III. With respect to each dispute submitted The advice and consent of the Senate to arbitration and for which a determination The ACTING PRESIDENT pro tem- under section 1 is subject to the following was reached by the arbitration panel pursu- pore. Without objection, it is so or- condition: ant to this Protocol, the 2006 German Pro- dered. 1. Not later than two years from the date tocol, the Belgium Convention, and the 2007 Mr. HATCH. Mr. President, I ask on which this Protocol enters into force and Canada Protocol, the following information unanimous consent that my health pol- prior to the first arbitration conducted pur- shall be included:

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12351 a. In the case of a dispute submitted under To be lieutenant general indicated while assigned to a position of im- this Protocol, an indication as to whether Maj. Gen. Kurt A. Cichowski portance and responsibility under title 10, the presenter of the case to the competent The following named officer for appoint- U.S.C., section 601: authority of a Contracting State submitted a ment in the United States Air Force to the To be vice admiral Position Paper for consideration by the arbi- grade indicated while assigned to a position Rear Adm. William R. Burke tration panel; of importance and responsibility under title NOMINATIONS PLACED ON THE SECRETARY’S b. An indication as to whether the deter- 10, U.S.C., section 601: mination of the arbitration panel was ac- DESK cepted by each concerned person; To be lieutenant general IN THE AIR FORCE c. The amount of income, expense, or tax- Maj. Gen. Janet C. Wolfenbarger PN982 AIR FORCE nominations (34) begin- ation at issue in the case as determined by The following Air National Guard of the ning JEFFREY K. ATKISSON, and ending reference to the filings that were sufficient United States officer for appointment in the ROGER L. WILLIS JR., which nominations to set the commencement date of the case Reserve of the Air Force to the grade indi- were received by the Senate and appeared in for purposes of determining when arbitration cated under title 10, U.S.C., sections 12203 the Congressional Record of September 21, is available; and and 12212: 2009. d. The proposed resolutions (income, ex- To be brigadier general PN983 AIR FORCE nominations (1201) be- ginning CHRISTOPHER C. ABATE, and end- pense, or taxation) submitted by each com- Col. Frank J. Sullivan petent authority to the arbitration panel. ing CHRISTOPHER J. ZUHLKE, which IN THE ARMY 3. The Secretary of Treasury shall, in addi- nominations were received by the Senate and tion, prepare and submit the detailed report The following named officer for appoint- appeared in the Congressional Record of Sep- described in paragraph (2) on March 1 of the ment in the United States Army to the grade tember 21, 2009. year following the year in which the first re- indicated while assigned to a position of im- PN1190 AIR FORCE nomination of Elisha port is submitted to the Joint Committee on portance and responsibility under title 10, T. Powell IV, which was received by the Sen- Taxation and the Committee on Finance of U.S.C., section 601: ate and appeared in the Congressional the Senate, and on an annual basis there- To be lieutenant general Record of November 17, 2009. after for a period of five years. In each such Maj. Gen. Guy C. Swan, III IN THE ARMY report, disputes that were resolved, either by The following named officer for appoint- PN1113 ARMY nomination of James C. a mutual agreement between the relevant ment in the United States Army to the grade Lewis, which was received by the Senate and competent authorities or by a determination indicated while assigned to a position of im- appeared in the Congressional Record of Oc- of an arbitration panel, and noted as such in portance and responsibility under title 10, tober 22, 2009. prior reports may be omitted. U.S.C., section 601: PN1122 ARMY nominations (4) beginning 4. The reporting requirements referred to To be lieutenant general ANULI L. ANYACHEBELU, and ending in paragraphs (2) and (3) supersede the re- JOHN M. STANG, which nominations were porting requirements contained in para- Brig. Gen. William N. Phillips received by the Senate and appeared in the graphs (2) and (3) of Section 3 of the 2 resolu- The following named officer for appoint- Congressional Record of October 28, 2009. tion of advice and consent to the 2007 Canada ment in the United States Army to the grade PN1123 ARMY nominations (7) beginning Protocol, approved by the Senate on Sep- indicated while assigned to a position of im- ANTHONY C. BOSTICK, and ending JOSEPH tember 23, 2008. portance and responsibility under title 10, G. WILLIAMSON, which nominations were U.S.C., section 601: f received by the Senate and appeared in the To be lieutenant general Congressional Record of October 28, 2009. EXECUTIVE CALENDAR Maj. Gen. Richard P. Formica PN1124 ARMY nominations (21) beginning RISA D. BATOR, and ending THOMAS R. Mr. CASEY. Mr. President, I ask The following named officer for appoint- YARBER, which nominations were received ment in the United States Army to the grade unanimous consent that the Senate by the Senate and appeared in the Congres- indicated while assigned to a position of im- consider en bloc Executive Calendar sional Record of October 28, 2009. Nos. 550, 555, 559, 562, 565 to and includ- portance and responsibility under title 10, PN1125 ARMY nominations (37) beginning ing 577, and all nominations on the U.S.C., section 601: JAMES R. ANDREWS, and ending SHANDA Secretary’s desk in the Air Force, To be lieutenant general M. ZUGNER, which nominations were re- Army, and Navy; that the nominations Maj. Gen. Michael L. Oates ceived by the Senate and appeared in the be confirmed en bloc, the motions to The following named officer for appoint- Congressional Record of October 28, 2009. ment in the Reserve of the Army to the PN1147 ARMY nomination of Edwin S. reconsider be laid upon the table en Fuller, which was received by the Senate and bloc; that no further motions be in grade indicated under title 10, U.S.C., section 12203: appeared in the Congressional Record of No- order; that any statements relating to vember 4, 2009. To be major general the nominations be printed in the PN1148 ARMY nomination of Robert J. RECORD; that the President be imme- Brig. Gen. Charles J. Barr Schultz, which was received by the Senate diately notified of the Senate’s action, IN THE NAVY and appeared in the Congressional Record of and the Senate resume legislative ses- The following named officer for appoint- November 4, 2009. ment in the United States Navy to the grade PN1149 ARMY nominations (2) beginning sion. CLEMENT D. KETCHUM, and ending JOHN The PRESIDING OFFICER. Without indicated under title 10, U.S.C., section 624: To be rear admiral (lower half) LOPEZ, which nominations were received by objection, it is so ordered. the Senate and appeared in the Congres- The nominations considered and con- Capt. Sean R. Filipowski sional Record of November 4, 2009. firmed en bloc are as follows: The following named officer for appoint- PN1150 ARMY nominations (4) beginning ment in the United States Navy to the grade CAREY L. MITCHELL, and ending MELISSA DEPARTMENT OF LABOR indicated while assigned to a position of im- F. TUCKER, which nominations were re- David Morris Michaels, of Maryland, to be portance and responsibility under title 10, ceived by the Senate and appeared in the an Assistant Secretary of Labor. U.S.C., section 601: Congressional Record of November 4, 2009. EXECUTIVE OFFICE OF THE PRESIDENT To be vice admiral PN1151 ARMY nominations (10) beginning Victoria Angelica Espinel, of the District Rear Adm. John T. Blake CRAIG R. BOTTONI, and ending AKASH S. TAGGARSE, which nominations were re- of Columbia, to be Intellectual Property En- The following named officer for appoint- ceived by the Senate and appeared in the forcement Coordinator, Executive Office of ment in the United States Navy to the grade the President. Congressional Record of November 4, 2009. indicated while assigned to a position of im- PN1169 ARMY nomination of Leon L. Rob- UNITED STATES POSTAL SERVICE portance and responsibility under title 10, ert, which was received by the Senate and Alan C. Kessler, of Pennsylvania, to be a U.S.C., section 601: appeared in the Congressional Record of No- Governor of the United States Postal Service To be vice admiral vember 16, 2009. for a term expiring December 8, 2015. Vice Adm. Bernard J. McCullough, III PN1170 ARMY nomination of Michael C. SELECTIVE SERVICE SYSTEM The following named officer for appoint- Metcalf, which was received by the Senate Lawrence G. Romo, of Texas, to be Direc- ment in the United States Navy to the grade and appeared in the Congressional Record of tor of the Selective Service. indicated while assigned to a position of im- November 16, 2009. PN1171 ARMY nominations (2) beginning IN THE AIR FORCE portance and responsibility under title 10, U.S.C., section 601: TODD E. FARMER, and ending STEVEN R. The following named officer for appoint- WATT, which nominations were received by To be vice admiral ment in the United States Air Force to the the Senate and appeared in the Congres- grade indicated while assigned to a position Rear Adm. Michael A. LeFever sional Record of November 16, 2009. of importance and responsibility under title The following named officer for appoint- PN1172 ARMY nominations (12) beginning 10, U.S.C., section 601: ment in the United States Navy to the grade MARK D. CROWLEY, and ending MICHAEL

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12352 CONGRESSIONAL RECORD — SENATE December 3, 2009 J. STEVENSON, which nominations were re- lectual property enforcement coordi- strong, militarily secure Nation that it is ceived by the Senate and appeared in the nator. She has an extensive back- today; Congressional Record of November 16, 2009. ground in intellectual property issues, Whereas miners and their families have PN1173 ARMY nominations (141) beginning both foreign and domestic, and has ex- achieved, provided, and sacrificed so much NATHANAEL L. ALLEN, and ending for the betterment of their fellow Americans; X001320, which nominations were received by perience in government and in the pri- Whereas miners have struggled, in their the Senate and appeared in the Congres- vate sector. Ms. Espinel served in the lives and in their work, to obtain health and sional Record of November 16, 2009. Bush administration as the Assistant safety protections; PN1174 ARMY nominations (155) beginning United States Trade Representative for Whereas the terrible mining tragedy at SCOTT C. ARMSTRONG, and ending D004309, Intellectual Property and Innovation. Monongah, West Virginia, that occurred on which nominations were received by the Sen- This is a nomination that deserves bi- December 6, 1907, is recognized for causing ate and appeared in the Congressional partisan support. American innovation the greatest loss of lives in American indus- Record of November 16, 2009. and our intellectual property protec- trial history, and this tragedy helped to PN1175 ARMY nominations (212) beginning launch the national effort to secure the safe- MICHAEL W. ANASTASIA, and ending tion should not be a partisan issue. ty and health of our miners that continues D003756, which nominations were received by The legislation by which we created to this day; and the Senate and appeared in the Congres- this position took a comprehensive ap- Whereas miners still today risk life and sional Record of November 16, 2009. proach to intellectual property protec- limb in their labors: Now, therefore, be it PN1191 ARMY nomination of Scott E. tion by providing Federal, State, and Resolved, That the Senate— McNeil, which was received by the Senate local law enforcement with the tools (1) designates December 6, 2009, as ‘‘Na- and appeared in the Congressional Record of and resources they need to combat in- tional Miners Day’’, in appreciation, honor, November 17, 2009. tellectual property theft. The legisla- and remembrance of the accomplishments PN1192 ARMY nomination of Scott E. and sacrifices of the miners of the Nation; Zipprich, which was received by the Senate tion created an interagency advisory and and appeared in the Congressional Record of committee to develop a more efficient (2) encourages the people of the United November 17, 2009. and cohesive approach to protecting States to participate in local and national PN1193 ARMY nomination of Mary B. American intellectual property. I am activities celebrating and honoring the con- McQuary, which was received by the Senate confident that Ms. Espinel will work tributions of miners. and appeared in the Congressional Record of well with that committee. November 17, 2009. f PN1194 ARMY nominations (3) beginning I look forward to working with Ms. MARVIN R. MANIBUSAN, and ending Espinel to improve the efficiency and PERMITTING COLLECTIONS FOR FRANCISCO J. NEUMAN, which nomina- effectiveness of our intellectual prop- CHARITABLE PURPOSES tions were received by the Senate and ap- erty enforcement efforts. I know her Mr. CASEY. Mr. President, I ask peared in the Congressional Record of No- family, and was delighted to chair her vember 17, 2009. unanimous consent that the Senate confirmation hearing. I congratulate now proceed to the consideration of S. PN1195 ARMY nominations (4) beginning her on her Senate confirmation. PATRICK S. CALLENDER, and ending STE- Res. 369, which was submitted earlier VEN L. SHUGART, which nominations were f today. received by the Senate and appeared in the LEGISLATIVE SESSION The PRESIDING OFFICER. The Congressional Record of November 17, 2009. clerk will report the resolution by The PRESIDING OFFICER. Under PN1196 ARMY nominations (14) beginning title. the previous order, the Senate will re- MICHAEL A. BENNETT, and ending KEVIN The bill clerk read as follows: M. WALKER, which nominations were re- sume legislative session. A resolution (S. Res. 369) to permit the col- ceived by the Senate and appeared in the f Congressional Record of November 17, 2009. lection of clothing, toys, food, and housewares during the holiday season for IN THE NAVY NATIONAL MINERS DAY charitable purposes in Senate buildings. PN1114 NAVY nominations (2) beginning Mr. CASEY. Mr. President, I ask TIMOTHY M. SHERRY, and ending ROBERT unanimous consent that the Judiciary There being no objection, the Senate N. MILLS, which nominations were received Committee be discharged from further proceeded to consider the resolution. by the Senate and appeared in the Congres- consideration of S. Res. 337 and that Mr. CASEY. I ask unanimous consent sional Record of October 22, 2009. the Senate proceed to its immediate that the resolution be agreed to and PN1176 NAVY nomination of Matthew P. the motion to reconsider be laid upon Luff, which was received by the Senate and consideration. The PRESIDING OFFICER. Without the table. appeared in the Congressional Record of No- The PRESIDING OFFICER. Without vember 16, 2009. objection, it is so ordered. The clerk PN1177 NAVY nomination of Everett F. will report the resolution by title. objection, it is so ordered. Magann, which was received by the Senate The bill clerk read as follows: The resolution (S. Res. 369) was agreed to, as follows: and appeared in the Congressional Record of A resolution (S. Res. 337) designating De- November 16, 2009. cember 6, 2009, as ‘‘National Miners Day.’’ S. RES. 369 PN1178 NAVY nomination of William V. Resolved, Dolan, which was received by the Senate and There being no objection, the Senate appeared in the Congressional Record of No- proceeded to consider the resolution. SECTION 1. COLLECTION OF CLOTHING, TOYS, FOOD, AND HOUSEWARES DURING vember 16, 2009. Mr. CASEY. I ask unanimous consent THE HOLIDAY SEASON FOR CHARI- PN1179 NAVY nominations (48) beginning that the resolution be agreed to, the TABLE PURPOSES IN SENATE BUILD- BRIAN D. BARTH, and ending STACY M. preamble be agreed to, the motions to INGS. WUTHIER, which nominations were received reconsider be laid upon the table, with (a) IN GENERAL.—Notwithstanding any by the Senate and appeared in the Congres- other provision of the rules or regulations of sional Record of November 16, 2009. no intervening action or debate, and that any statements related to the res- the Senate— NOMINATION OF VICTORIA ESPINEL (1) a Senator, officer, or employee of the olution be printed in the RECORD. Mr. LEAHY. Mr. President, I am Senate may collect from another Senator, The PRESIDING OFFICER. Without officer, or employee of the Senate within pleased that the Senate today con- objection, it is so ordered. firmed Victoria Espinel as the Nation’s Senate buildings nonmonetary donations of The resolution (S. Res. 337) was clothing, toys, food, and housewares for first intellectual property enforcement agreed to. charitable purposes related to serving those coordinator. This position was created The preamble was agreed to. in need or members of the Armed Services by legislation that I introduced last The resolution, with its preamble, and their families during the holiday season, year and is vital to protect the intel- reads as follows: if such purposes do not otherwise violate any lectual property interests of United rule or regulation of the Senate or of Federal States innovators and companies. In- S. RES. 337 law; and tellectual property rights promote in- Whereas the foundations of civilization are (2) a Senator, officer, or employee of the novation and creativity, and the pro- constructed from, advanced by, and sus- Senate may work with a nonprofit organiza- tained with, the materials procured with the tion with respect to the delivery of dona- tection of those rights is critical dur- sweat and blood of miners; tions described in paragraph (1). ing this time of economic uncertainty. Whereas the miners of the United States (b) EXPIRATION.—The authority provided Ms. Espinel is extremely well quali- have labored long and hard over our Nation’s by this resolution shall expire at the end of fied to serve as the President’s intel- existence to make it the economically the 1st session of the 111th Congress.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — SENATE S12353 ORDERS FOR FRIDAY, DECEMBER DISTRICT OF ARKANSAS, VICE WILLIAM ROY WILSON, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JR., RETIRED. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 4, 2009 BENITA Y. PEARSON, OF OHIO, TO BE UNITED STATES To be vice admiral DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO, Mr. CASEY. Mr. President, I ask VICE PETER C. ECONOMUS, RETIRED. REAR ADM. JOHN T. BLAKE unanimous consent that when the Sen- f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate completes its business today, it ad- IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONFIRMATIONS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND journ until 9:30 a.m. tomorrow, Friday, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Executive nominations confirmed by December 4; that following the prayer To be vice admiral the Senate, Thursday, December 3, and pledge, the Journal of proceedings VICE ADM. BERNARD J. MCCULLOUGH III be approved to date, the morning hour 2009: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT be deemed expired, the time for the two DEPARTMENT OF LABOR IN THE UNITED STATES NAVY TO THE GRADE INDICATED leaders be reserved for their use later DAVID MORRIS MICHAELS, OF MARYLAND, TO BE AN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ASSISTANT SECRETARY OF LABOR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: in the day, and the Senate resume con- To be vice admiral sideration of H.R. 3590, the health care UNITED STATES POSTAL SERVICE reform legislation, as provided for ALAN C. KESSLER, OF PENNSYLVANIA, TO BE A GOV- REAR ADM. MICHAEL A. LEFEVER ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT under the previous order. TERM EXPIRING DECEMBER 8, 2015. IN THE UNITED STATES NAVY TO THE GRADE INDICATED The PRESIDING OFFICER. Without SELECTIVE SERVICE SYSTEM WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND objection, it is so ordered. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LAWRENCE G. ROMO, OF TEXAS, TO BE DIRECTOR OF To be vice admiral f THE SELECTIVE SERVICE . THE ABOVE NOMINATIONS WERE APPROVED SUBJECT REAR ADM. WILLIAM R. BURKE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- PROGRAM QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY IN THE AIR FORCE Mr. CASEY. Mr. President, we cur- CONSTITUTED COMMITTEE OF THE SENATE. AIR FORCE NOMINATIONS BEGINNING WITH JEFFREY EXECUTIVE OFFICE OF THE PRESIDENT K. ATKISSON AND ENDING WITH ROGER L. WILLIS, JR., rently have one amendment and one WHICH NOMINATIONS WERE RECEIVED BY THE SENATE motion to commit pending to the bill. VICTORIA ANGELICA ESPINEL, OF THE DISTRICT OF CO- AND APPEARED IN THE CONGRESSIONAL RECORD ON LUMBIA, TO BE INTELLECTUAL PROPERTY ENFORCE- SEPTEMBER 21, 2009. Senators should expect rollcall votes MENT COORDINATOR, EXECUTIVE OFFICE OF THE PRESI- AIR FORCE NOMINATIONS BEGINNING WITH CHRIS- throughout the day tomorrow. DENT. TOPHER C. ABATE AND ENDING WITH CHRISTOPHER J. IN THE AIR FORCE ZUHLKE, WHICH NOMINATIONS WERE RECEIVED BY THE f SENATE AND APPEARED IN THE CONGRESSIONAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RECORD ON SEPTEMBER 21, 2009. ADJOURNMENT UNTIL 9:30 A.M. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATION OF ELISHA T. POWELL IV, TO BE COLONEL. TOMORROW CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE ARMY Mr. CASEY. If there is no further 601: To be lieutenant general ARMY NOMINATION OF JAMES C. LEWIS, TO BE MAJOR. business to come before the Senate, I ARMY NOMINATIONS BEGINNING WITH ANULI L. MAJ. GEN. KURT A. CICHOWSKI ANYACHEBELU AND ENDING WITH JOHN M. STANG, ask unanimous consent it adjourn WHICH NOMINATIONS WERE RECEIVED BY THE SENATE under the previous order. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TOBER 28, 2009. There being no objection, the Senate, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ARMY NOMINATIONS BEGINNING WITH ANTHONY C. at 8:32 p.m., adjourned until Friday, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BOSTICK AND ENDING WITH JOSEPH G. WILLIAMSON, 601: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE December 4, 2009, at 9:30 a.m. AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- To be lieutenant general TOBER 28, 2009. f MAJ. GEN. JANET C. WOLFENBARGER ARMY NOMINATIONS BEGINNING WITH RISA D. BATOR AND ENDING WITH THOMAS R. YARBER, WHICH NOMINA- NOMINATIONS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TIONS WERE RECEIVED BY THE SENATE AND APPEARED STATES OFFICER FOR APPOINTMENT IN THE RESERVE IN THE CONGRESSIONAL RECORD ON OCTOBER 28, 2009. Executive nominations received by OF THE AIR FORCE TO THE GRADE INDICATED UNDER ARMY NOMINATIONS BEGINNING WITH JAMES R. AN- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: DREWS AND ENDING WITH SHANDA M. ZUGNER, WHICH the Senate: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general DEPARTMENT OF ENERGY PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 28, 2009. COL. FRANK J. SULLIVAN DONALD L. COOK, OF WASHINGTON, TO BE DEPUTY AD- ARMY NOMINATION OF EDWIN S. FULLER, TO BE MINISTRATOR FOR DEFENSE PROGRAMS, NATIONAL NU- IN THE ARMY MAJOR. CLEAR SECURITY ADMINISTRATION, VICE ROBERT L. ARMY NOMINATION OF ROBERT J. SCHULTZ, TO BE SMOLEN, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LIEUTENANT COLONEL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH CLEMENT D. DEPARTMENT OF DEFENSE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KETCHUM AND ENDING WITH JOHN LOPEZ, WHICH NOMI- MALCOLM ROSS O’NEILL, OF VIRGINIA, TO BE AN AS- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NATIONS WERE RECEIVED BY THE SENATE AND AP- SISTANT SECRETARY OF THE ARMY, VICE CLAUDE M. To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BOLTON, JR. 4, 2009. JACKALYNE PFANNENSTIEL, OF CALIFORNIA, TO BE AN MAJ. GEN. GUY C. SWAN III ARMY NOMINATIONS BEGINNING WITH CAREY L. ASSISTANT SECRETARY OF THE NAVY, VICE BUDDIE J. MITCHELL AND ENDING WITH MELISSA F. TUCKER, PENN. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DOUGLAS B. WILSON, OF ARIZONA, TO BE AN ASSIST- IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ANT SECRETARY OF DEFENSE, VICE DORRANCE SMITH. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND VEMBER 4, 2009. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH CRAIG R. DEPARTMENT OF STATE To be lieutenant general BOTTONI AND ENDING WITH AKASH S. TAGGARSE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BROOKE D. ANDERSON, OF CALIFORNIA, TO BE ALTER- BRIG. GEN. WILLIAM N. PHILLIPS PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER NATE REPRESENTATIVE OF THE UNITED STATES OF 4, 2009. AMERICA FOR SPECIAL POLITICAL AFFAIRS IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF LEON L. ROBERT, TO BE COLO- UNITED NATIONS, WITH THE RANK OF AMBASSADOR. IN THE UNITED STATES ARMY TO THE GRADE INDICATED NEL. BROOKE D. ANDERSON, OF CALIFORNIA, TO BE AN AL- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF MICHAEL C. METCALF, TO BE TERNATE REPRESENTATIVE OF THE UNITED STATES OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL. AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY To be lieutenant general ARMY NOMINATIONS BEGINNING WITH TODD E. FARM- OF THE UNITED NATIONS, DURING HER TENURE OF ER AND ENDING WITH STEVEN R. WATT, WHICH NOMINA- SERVICE AS ALTERNATE REPRESENTATIVE OF THE MAJ. GEN. RICHARD P. FORMICA TIONS WERE RECEIVED BY THE SENATE AND APPEARED UNITED STATES OF AMERICA FOR SPECIAL POLITICAL IN THE CONGRESSIONAL RECORD ON NOVEMBER 16, 2009. AFFAIRS IN THE UNITED NATIONS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH MARK D. CROW- ROSEMARY ANNE DICARLO, OF THE DISTRICT OF CO- IN THE UNITED STATES ARMY TO THE GRADE INDICATED LEY AND ENDING WITH MICHAEL J. STEVENSON, WHICH LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SERVICE, CLASS OF MINISTER—COUNSELOR, TO BE THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER DEPUTY REPRESENTATIVE OF THE UNITED STATES OF To be lieutenant general 16, 2009. AMERICA TO THE UNITED NATIONS, WITH THE RANK AND ARMY NOMINATIONS BEGINNING WITH NATHANAEL L. STATUS OF AMBASSADOR EXTRAORDINARY AND PLENI- MAJ. GEN. MICHAEL L. OATES ALLEN AND ENDING WITH X001320, WHICH NOMINATIONS POTENTIARY, AND THE DEPUTY REPRESENTATIVE OF WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE UNITED STATES OF AMERICA IN THE SECURITY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD ON NOVEMBER 16, 2009. COUNCIL OF THE UNITED NATIONS. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- ARMY NOMINATIONS BEGINNING WITH SCOTT C. ARM- ROSEMARY ANNE DICARLO, OF THE DISTRICT OF CO- CATED UNDER TITLE 10, U.S.C., SECTION 12203: STRONG AND ENDING WITH D004309, WHICH NOMINATIONS LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN To be major general WERE RECEIVED BY THE SENATE AND APPEARED IN THE SERVICE, CLASS OF MINISTER—COUNSELOR, TO BE REP- CONGRESSIONAL RECORD ON NOVEMBER 16, 2009. RESENTATIVE OF THE UNITED STATES OF AMERICA TO BRIG. GEN. CHARLES J. BARR ARMY NOMINATIONS BEGINNING WITH MICHAEL W. THE SESSIONS OF THE GENERAL ASSEMBLY OF THE IN THE NAVY ANASTASIA AND ENDING WITH D003756, WHICH NOMINA- UNITED NATIONS, DURING HER TENURE OF SERVICE AS TIONS WERE RECEIVED BY THE SENATE AND APPEARED DEPUTY REPRESENTATIVE OF THE UNITED STATES OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON NOVEMBER 16, 2009. AMERICA TO THE UNITED NATIONS. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATION OF SCOTT E. MCNEIL, TO BE COLO- THE JUDICIARY UNDER TITLE 10, U.S.C., SECTION 624: NEL. ARMY NOMINATION OF SCOTT E. ZIPPRICH, TO BE NANCY D. FREUDENTHAL, OF WYOMING, TO BE UNITED To be rear admiral (lower half) COLONEL. STATES DISTRICT JUDGE FOR THE DISTRICT OF WYO- CAPT. SEAN R. FILIPOWSKI ARMY NOMINATION OF MARY B. MCQUARY, TO BE MING, VICE CLARENCE A. BRIMMER, JR., RETIRED. COLONEL. DENZIL PRICE MARSHALL, JR., OF ARKANSAS, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH MARVIN R. UNITED STATES DISTRICT JUDGE FOR THE EASTERN IN THE UNITED STATES NAVY TO THE GRADE INDICATED MANIBUSAN AND ENDING WITH FRANCISCO J. NEUMAN,

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 9801 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S12354 CONGRESSIONAL RECORD — SENATE December 3, 2009

WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF MATTHEW P. LUFF, TO BE LIEU- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER TENANT COMMANDER. VEMBER 17, 2009. 17, 2009. NAVY NOMINATION OF EVERETT F. MAGANN, TO BE ARMY NOMINATIONS BEGINNING WITH PATRICK S. IN THE NAVY CAPTAIN. CALLENDER AND ENDING WITH STEVEN L. SHUGART, NAVY NOMINATION OF WILLIAM V. DOLAN, TO BE CAP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH TIMOTHY M. TAIN. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- SHERRY AND ENDING WITH ROBERT N. MILLS, WHICH NAVY NOMINATIONS BEGINNING WITH BRIAN D. BARTH VEMBER 17, 2009. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH STACY M. WUTHIER, WHICH NOMINA- ARMY NOMINATIONS BEGINNING WITH MICHAEL A. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER TIONS WERE RECEIVED BY THE SENATE AND APPEARED BENNETT AND ENDING WITH KEVIN M. WALKER, WHICH 22, 2009. IN THE CONGRESSIONAL RECORD ON NOVEMBER 16, 2009.

VerDate Nov 24 2008 02:26 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 0624 Sfmt 9801 E:\RECORD09\S03DE9.REC S03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2877 EXTENSIONS OF REMARKS

REDUNDANCY ELIMINATION AND RECOGNIZING THE EXEMPLARY HONORING SAMUEL BRADLEY ENHANCED PERFORMANCE FOR SERVICE OF THE 30TH INFANTRY PREPAREDNESS GRANTS ACT DIVISION DURING WORLD WAR II HON. SAM GRAVES OF MISSOURI SPEECH OF SPEECH OF IN THE HOUSE OF REPRESENTATIVES HON. BOB ETHERIDGE Thursday, December 3, 2009 HON. SHEILA JACKSON-LEE OF NORTH CAROLINA OF TEXAS IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES. Madam Speaker, I proudly pause to recognize Samuel Bradley, a very IN THE HOUSE OF REPRESENTATIVES Wednesday, December 2, 2009 special young man who has exemplified the Wednesday, December 2, 2009 Mr. ETHERIDGE. Madam Speaker, I rise in finest qualities of citizenship and leadership by strong support of H. Res. 494 as a cosponsor taking an active part in the Boy Scouts of Ms. JACKSON-LEE of Texas. Mr. Speaker, of this important resolution. It honors the 30th America, Troop 75, and in earning the most I rise before you today in support of H.R. Infantry Division of World War II, which in- prestigious award of Eagle Scout. 3980, the ‘‘Redundancy Elimination and En- cluded National Guard soldiers from my state Samuel has been very active with his troop hanced Performance for Preparedness Grants of North Carolina, as well as troops from Ten- participating in many scout activities. Over the Act’’. I would like thank my friend and col- nessee. The long history of the 30th Infantry many years Samuel has been involved with league, Representative CUELLAR, for intro- goes back further, though, to include the serv- scouting, he has not only earned numerous ducing this act of solidarity, as well as the co- ice of individuals from across the South. Each merit badges, but also the respect of his fam- sponsor, Representative RICHARDSON. time they were called to duty, they answered ily, peers, and community. Congress instructed FEMA in the Post- the call with distinction and bravery. Madam Speaker, I proudly ask you to join Katrina Emergency Management Reform Act Their service during World War II was par- me in commending Samuel Bradley for his ac- of 2006 and in the Implementing Rec- ticularly exemplary, and I appreciate my col- complishments with the Boy Scouts of Amer- ommendations of the 9/11 Commission Act of league Congressman KISSELL, whose father ica and for his efforts put forth in achieving the 2007 to develop performance metrics for its served in this division, for bringing forward a highest distinction of Eagle Scout. homeland security grants programs. As the resolution to honor their valiant work. The f House Committee on Homeland Security dis- achievements of the 30th Infantry Division covered in our October 27th subcommittee were so exemplary that military historians of HONORING BARRY BAUER hearing for the Emergency Communications, the day singled it out for distinction as the first Preparedness and Response Subcommittee, among infantry divisions, noting both ‘‘out- HON. GEORGE RADANOVICH these requirements remain poorly imple- standing’’ battle service and efficiency that OF CALIFORNIA mented and difficult to comprehend. preserved the lives of its members. Eisen- IN THE HOUSE OF REPRESENTATIVES hower’s chief historian, S.L.A. Marshall, called What is most disconcerting is that FEMA Thursday, December 3, 2009 still cannot determine our Nation’s overall pre- the 30th the ‘‘most efficient fighting division in paredness or how homeland security grants Europe.’’ Mr. RADANOVICH. Madam Speaker, I rise have helped to protect our Nation from acts of Although the 30th Infantry Division was not today to commend and congratulate Barry terrorism. involved in the actual invasion of Normandy, it Bauer upon being awarded the ‘‘Distinguished It is for these reasons that I come to you engaged in a pivotal battle in Mortain, France Citizen Award’’ by the Sequoia Council, Boy today to ask for your support of H.R. 3980, the that contributed to the Allied victory at Nor- Scouts of America. Mr. Bauer will be honored Redundancy Elimination and Enhanced Per- mandy. Serving with bravery and distinction at on Tuesday, November 10, 2009 at the annual formance for Preparedness Grants Act. St. Lo, France, the 30th enabled the Allies to Distinguished Citizen Dinner in Fresno, Cali- outflank the German Army in what came to be fornia. This legislation would require FEMA to work called the St. Lo Breakout. The 30th was also Mr. Barry Bauer was born and raised in in conjunction with state, local, tribal and terri- instrumental in breaching the Siegfried Line in Fresno, California and attended Fresno High torial stakeholders to develop a plan to: October 1944, and the capture of Aachen, School. As a child, Mr. Bauer helped at his fa- Streamline homeland security grant reporting Germany. In short, the 30th Division, Old Hick- ther’s liquor and sporting goods store. He was requirements, rules and regulations to elimi- ory, played a significant part in our eventual a busy child, involved in Cub Scouts and Boy nate redundant reporting; create a strategy in- victory over the Axis in WWII. Scouts. During his scouting career he had ac- cluding a set timeline for establishing the Today, North Carolina’s National Guard sol- cumulated enough merit badges to become a much needed performance metrics for grant diers serve with honor in Iraq and Afghanistan, Star Scout and worked his way to becoming a programs to ensure that the funds are being bravely doing their part in defense of our Na- Life Scout. directed to the areas where they will be best tion. As they do so, they are part of a valiant Mr. Bauer graduated from California State spent; and require FEMA to take inventory of heritage that goes back to the founding of our University, Fresno with a bachelor’s of science each homeland security grant program to in- Nation. Each time they are called to service, degree in Electrical Engineering in 1968. Dur- clude the purpose, objectives and perform- they do North Carolina and our Nation proud, ing college, he worked evenings at Bank of ance goals for each. as they are doing today. America, taught data processing classes at The plan will be submitted to the Committee North Carolinians are proud of the service Fresno City College and during the summer on Homeland Security no later than 120 days and history of the 30th Infantry Division. We recess he worked as a programmer for IBM at after the bill’s enactment. It will be updated bi- thank soldiers for safeguarding freedom and various accounts around the Central Valley. annually to ensure that the Committee is able our way of life, in World War II and today in During his senior year in college Mr. Bauer to maintain a watchful eye on redundancies in Afghanistan and Iraq. These courageous sol- joined the Air National Guard unit in Fresno. the law that might confuse grant recipients. Fi- diers accomplished feats of heroism and brav- He held various positions, including Base nally, this bill will help identify inefficiencies ery which preserved a way of life on two con- Comptroller and Combat Support Commander. with the DHS grant programs and this bill will tinents. They represent a proud fighting tradi- He retired as a Lieutenant Colonel after 23 increase the quality of services received by tion and have earned every accolade we can years of service. DHS grant recipients. give. Upon graduation, Mr. Bauer was offered a It is for these reasons that I rise in support As a cosponsor of H. Res. 494, I strongly position with IBM, working from the Fresno of Representative CUELLAR’s legislation before support this legislation, and I urge my col- and Bay Area offices. He retired after 25 years us, and why I encourage my fellow Members leagues to join me in honoring the soldiers of service with IBM. Mr. Bauer has always to do the same. that have and continue to protect our freedom. been very active in a multitude of activities; he

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

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2878 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 has a commercial pilot license, a real estate organization whose members are the back- HONORING GARRETT JONES broker license, a lifetime junior college teach- bone of our southern Arizona economy and ing credential and a ham radio license. Since whose charitable works have made significant HON. SAM GRAVES 1998, he has served as President of the family contributions to non-profit agencies and the OF MISSOURI business, Herb Bauer Sporting Goods. people they serve. IN THE HOUSE OF REPRESENTATIVES Mr. Bauer is currently a member of the Thursday, December 3, 2009 Fresno County Recreation and Wildlife Com- f mission that reports to supervisor Debbie Mr. GRAVES. Madam Speaker, I proudly Poochigian. He has been active consultant to SATELLITE HOME VIEWER pause to recognize Garrett Jones, a very spe- legislators regarding firearm issues, and has REAUTHORIZATION ACT OF 2009 cial young man who has exemplified the finest served as the chairman of the Fresno Friends qualities of citizenship and leadership by tak- of the NRA for 10 years. With this position, he SPEECH OF ing an active part in the Boy Scouts of Amer- has approved over $20,000 in grants to im- ica, Troop 1360, and in earning the most pres- prove the shooting range at Chawanawkee. HON. ADRIAN SMITH tigious award of Eagle Scout. He also provides a discount to all scouts pur- OF NEBRASKA Garrett has been very active with his troop participating in many scout activities. Over the chasing scouting related products at his store. IN THE HOUSE OF REPRESENTATIVES In his spare time, Mr. Bauer and his wife of many years Garrett has been involved with 40 years, Rosemarie, enjoy traveling around Wednesday, December 2, 2009 scouting, he has not only earned numerous the world. merit badges, but also the respect of his fam- Mr. SMITH of Nebraska. Madam Speaker, I Madam Speaker, I rise today to commend ily, peers, and community. rise today to oppose suspending the rules to and congratulate Barry Bauer upon being Madam Speaker, I proudly ask you to join pass H.R. 3570, the Satellite Home Viewer awarded the ‘‘Distinguished Citizen Award.’’ I me in commending Garrett Jones for his ac- Update and Reauthorization Act. invite my colleagues to join me in wishing Mr. complishments with the Boy Scouts of Amer- Bauer many years of continued success. I understand this legislation must be reau- ica and for his efforts put forth in achieving the thorized by December 31 to ensure satellite f highest distinction of Eagle Scout. television viewers have continued access to f CONGRESSIONAL RECOGNITION local stations. In many rural areas—including FOR THE ARIZONA BUILDERS’ large portions of my district—satellite tele- IN HONOR OF VALENTINO W. ALLIANCE 15TH ANNUAL VOLUN- vision carriage of local stations is one of the NARDO, SR. TEER DAY only sources for up-to-the-minute news and weather. It is vital we maintain that link. HON. MICHAEL N. CASTLE HON. GABRIELLE GIFFORDS I am pleased this legislation addresses two OF DELAWARE OF ARIZONA issues of concern to my constituents. It in- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES cludes language allowing satellite carriers to Thursday, December 3, 2009 provide in-state public television signals to all Thursday, December 3, 2009 viewers in the state, regardless of television Mr. CASTLE. Madam Speaker, it is with Ms. GIFFORDS. Madam Speaker, I rise market, DMA. This means the thirteen coun- great pleasure that I rise today to pay tribute today to recognize the Arizona Builders’ Alli- ties in my district served by the Denver DMA to Valentino W. Nardo, Sr. Mr. Nardo is a fel- ance which is celebrating its fifteenth annual will have improved access to the quality pro- low Delawarean who has dedicated his life to Volunteer Day this week by renovating the gramming of NET—Nebraska’s statewide PBS serving his community in the truest sense of Marshall Home for Men in Tucson. station. the word. More than 150 volunteers from the Southern The bill also takes steps to encourage sat- A man of great compassion, Val is known Arizona Division of the Alliance will participate ellite carriers to carry all 210 DMAs. Currently, across Delaware as a champion of the less- in the December 5 event. Thanks to the gen- 31 DMAs, including the city of North Platte in fortunate. His organization, Val’s Needy Fam- erosity of Alliance members, $125,000 worth my district, are not carried by either of the two ily Fund, began as a food drive which he ran of renovations will be donated to the Marshall major satellite carriers and another 76 are car- out of his Newark-based barbershop. In 1969, Home. ried by only one of the two. These unserved Val’s Needy Family Fund was able to provide The Marshall Home for Men was founded in and underserved markets are typically small, 10 baskets of holiday meals. The project has 1931 as a safe haven for men who were rural areas and are often in the greatest need grown exponentially over the past 40 years, struggling to find work during the Depression. of satellite carriage for distant viewers to re- distributing as many as 1,500 baskets at a A rancher, John Ryland, welcomed the men ceive their signals. I am pleased the bill takes time. Each year, Val and his volunteers help with food, shelter and companionship as they steps to encourage their coverage rather than prepare and deliver the food baskets, answer- sought jobs during the tough economic times. implementing strong new mandates on these ing calls for emergency aid from churches, so- The support that the current residents will re- private companies. cial services and organizations. ceive from the Builders’ Alliance continues that Val has always been a supporter of the non- caring tradition. However, I must oppose passage of this profit Newark Area Welfare Committee, and Today, the Marshall Home is a non-profit, legislation under suspension of the rules. It Val’s Needy Family Fund is now formally affili- state licensed personal care facility for elderly does not contain language to address the ated with this long-time community organiza- men with limited means. Fifty-two men—many needs of consumers in out-of-state DMAs who tion that stocks food cupboards and provides of whom have earned military commendations wish to receive in-state broadcast program- other avenues of assistance for those in need. such as the Silver Star, Bronze Star, Navy ming over satellite. Under suspension of the The collaboration has allowed Val’s Fund to Cross and Purple Heart—live at the Marshall rules, no member will have the opportunity to reach more of the people who are most in Home. offer an amendment to address this issue. need and will ensure that Val’s dedication to Thanks to the Arizona Builders’ Alliance, the Under this legislation the thirteen counties the less-fortunate continues well beyond his Marshall Home will receive new doors, bath- which would gain access to Nebraska public lifetime. In 2008, Val was awarded a Jefferson room upgrades, painting, air conditioning and television would still be forced to watch local Award for public service. The Jefferson ductwork, new locks, tile replacement, an irri- broadcast programming from the Denver Awards are given annually to honor individuals gation system and extensive landscaping DMA. This includes places such as Sheridan who make a difference in the community in work. and Cherry Counties which are over 400 miles which they work and live. The bestowal of this This is the fifteenth time that the Southern from Denver and have three closer and argu- award is particularly salient for Val, as recipi- Arizona Division of the Arizona Builders’ Alli- ably more local markets unavailable to them ents of Jefferson Awards are nominated by ance has come to the aid of a community on satellite—North Platte, Scottsbluff-Chey- the public. Val’s peers and I firmly agree that service organization. Previous events have enne, and even Rapid City, South Dakota. he is a shining example of how one person contributed more than $1.2 million worth of With this in mind, I must oppose suspending truly can make a difference. And his dedica- work. the rules to pass this legislation today in hope tion to the community shows no sign of stop- I am proud to join with a grateful community that this bill can be brought back up under a ping; each year, he does not sit down to in commending the Arizona Builders’ Alliance rule with the opportunity to make these need- Christmas dinner until all of the holiday food for their long history of giving. This is a great ed changes for my constituents. has been distributed. At 90, Val possesses a

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2879 commitment and a desire to help others that the Kearney High School football team for win- and sisters on a small family ranch near Vale, is not just admirable, but contagious. Indeed, ning the Missouri Class 4 state championship. Oregon. After high school, Bill graduated with the food drive that was once run out of his The Bulldogs, led by seniors Tyler Funk, Ste- honors from Oregon State University with a shop has grown today to need a warehouse. phen Juergens, Joe Windsor and many oth- bachelor of science degree in wildlife manage- In addition to being a committed community ers, displayed the work ethic, teamwork, and ment in 1977. He worked for the Oregon De- member, Val is a loving husband and devoted sportsmanship of true champions during their partment of Fish and Wildlife for 5 years dur- father. He and his wife, Mary, recently cele- 27–15 victory Friday afternoon. ing and after college. In 1978 Bill married brated their 69th wedding anniversary, and After two disappointing early season de- Nancy Ingle and that same year they began Val’s family members share in his mission of feats, this team pulled together and let their their own cattle herd with the purchase of giving, enabling Val’s Needy Family Fund to true colors show by winning their final 10 eight cows. They leased land and began to be a year-round effort. With his dedication to games and a state title. A state championship grow their business. During the growth years, the hungry and less-fortunate, Val has done not only reflects the outcome of one final Bill worked for Arco Seed Company eventually and continues to do our great state of Dela- game but also the hard work and dedication becoming vice president in charge of seed ware an immeasurable service. these young men have shown over several production. Bill later owned his own seed dis- On the occasion of the 40th anniversary of years. I join the entire Kearney community in tribution company. Val’s Needy Family Fund, I would like to rec- expressing how very proud we are of the suc- In 1999, Bill and Nancy purchased a ranch ognize the unequaled devotion of Valentino W. cess the players and coaches of the Kearney near Unity, Oregon where they now center Nardo, Sr. Val has given his time, his energy, football team have attained. their ranching operation. It is truly a family op- and his heart in support of Delawareans. His Madam Speaker, I respectfully request you eration where they have very little hired or out- influence and contributions have reached far join with me in commending the Kearney Bull- side help and rely on the American tradition of and wide, affecting all of our communities. I dogs on their state championship. neighbor-helping-neighbor and family-helping- commend Mr. Nardo for his tireless dedication f family to grow their business. Bill and Nancy and look forward to his continued success in have two children and three grandchildren serving those in need. A TRIBUTE TO OREGON CATTLE- which they treasure. Bill and Nancy take great MEN’S ASSOCIATION PRESIDENT f pride and joy seeing yet another generation BILL MOORE value and learn the ranching business and CONGRATULATING EAGLE SCOUT lifestyle that has meant so much to them. BRADLEY GARR FOR RECEIVING HON. GREG WALDEN Madam Speaker, I ask my colleagues to join THE SILVER HORNADAY MEDAL OF OREGON me in saluting Bill Moore, who has served so HON. HARRY E. MITCHELL IN THE HOUSE OF REPRESENTATIVES ably as president of the Oregon Cattlemen’s Thursday, December 3, 2009 Association. OF ARIZONA f IN THE HOUSE OF REPRESENTATIVES Mr. WALDEN. Madam Speaker, I rise today Thursday, December 3, 2009 to share with you and my colleagues the story ENHANCED S.E.C. ENFORCEMENT of Bill Moore and his life-long efforts in support AUTHORITY ACT Mr. MITCHELL. Madam Speaker, I rise of agriculture and the western ranching indus- today to congratulate Bradley Garr, a young try. Bill is the president of the Oregon Cattle- SPEECH OF Eagle Scout from my district, for his inspiring men’s Association, OCA, and a tremendous HON. SHEILA JACKSON-LEE and conscientious efforts to protect Arizona’s friend to rural America. At the end of this fragile Sonoran Desert. OF TEXAS week, Bill will turn over his gavel to another to IN THE HOUSE OF REPRESENTATIVES Bradley, an 8th grader at Copper Ridge lead this fine organization but he will continue Middle School in Scottsdale, recently devel- his leadership in the field of agriculture. Before Wednesday, December 2, 2009 oped and led a day-long conservation effort to he relinquishes his current role, I would like to Ms. JACKSON-LEE of Texas. Madam remove and relocate cacti and other delicate pay tribute to his leadership over the last sev- Speaker, I stand here today in support of H.R. desert plants along a major power line cor- eral years. 2873, the Enhanced S.E.C. Enforcement Au- ridor. The plants would otherwise be de- A long list of organizations have recognized thority Act, which will give the Securities and stroyed to provide maintenance access to the Bill’s enduring support and promotion of the Exchange Commission, SEC, nationwide serv- lines. agriculture community’s continued viability. ice of process. I support this legislation be- Bradley first built a partnership between the Prior to serving as OCA president, Bill served cause I believe that it is important that the Boy Scouts, the McDowell Sonoran Conser- as president of the Malheur County Cattle- agency responsible for oversight of our finan- vancy, Arizona Public Service and the City of men’s Association. In his current role as lead- cial system have the necessary tools for legal Scottsdale. He then led a team of more than er for family ranchers throughout Oregon, he action against potential violations of the law. 50 volunteers to complete the work. This was serves on the National Cattlemen’s Beef Asso- I would like to first thank my colleague, Con- Bradley’s fourth major conservation project ciation board of directors. He was honored by gressman JOHN CAMPBELL, for introducing this completed as part of his Eagle Scout respon- the Ontario Oregon Chamber of Commerce in valuable piece of legislation. On December 11, sibilities. In addition, Bradley is also a past 2000 as the Agriculturalist of the Year. He has 2008, nearly one year ago, Bernard Madoff winner of the Boy Scouts Medal of Heroism served on the local Farmer’s Supply Coopera- was arrested for securities fraud, money laun- for helping his father, Bill Garr, pull a woman tive board of directors, the Burnt River Irriga- dering, and perjury in one of the largest Ponzi from a wrecked and burning vehicle two years tion District’s board of directors and, in what is schemes in the history of this country. Esti- ago. surely one of the most difficult positions any- mates of the magnitude of the Madoff scheme For his outstanding conservation and envi- one can have, as a member of the Burnt River were between $50 and $65 billion. The pre- ronmental efforts, the Boy Scouts of America School District budget board. siding judge in the case declared the crimes, have nominated Bradley for the prestigious During his tenure as OCA president, Bill ‘‘extraordinary evil.’’ Congress and the Amer- Silver Hornaday Medal. Madam Speaker, promoted and protected the interests of the ican people were appalled by this scandal. please join me in congratulating Bradley on cattle ranchers of Oregon. He initiated a new The country wondered how our regulatory these outstanding accomplishments and in ‘‘Positive Producer Image Project,’’ which uti- agencies could fail to recognize fraud of this wishing him well in his future endeavors. lizes a combination of traditional media and magnitude for so long. f DVD production to showcase the valuable im- In the year since the Madoff scandal first HONORING THE KEARNEY HIGH pacts ranchers have on Oregon’s economy, came to light, both the Securities and Ex- SCHOOL FOOTBALL TEAM wildlife, clean water, open space, and cultural change Commission and Congress have heritage. This is the first ever video created by worked to enhance the ability of the SEC to HON. SAM GRAVES OCA, and it has received national accolades conduct oversight. Internal procedures have OF MISSOURI and become the blueprint for other states to been reformed to make it easier for the SEC to open investigations into violations of securi- IN THE HOUSE OF REPRESENTATIVES follow as they also embark on positive pro- ducer image projects. ties law. New personnel at the SEC, such as Thursday, December 3, 2009 Born in Ontario, Oregon to William and the Director of Enforcement, have been hired Mr. GRAVES. Madam Speaker, I proudly Christine Moore, Bill has a rich history in east- to ensure that oversight efforts were carried rise to congratulate Coach Greg Jones and ern Oregon. Bill grew up with his five brothers out with the appropriate level of enthusiasm.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2880 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 Congress has also worked to improve the Madam Speaker, I respectfully request you Serving his community as a presiding judge tools of the SEC to conduct oversight. This bill to join me in congratulating the Mound City in the Bucks County Court of Common Pleas is in line with the effort to reform the oversight High School football team on their state cham- for twenty years, John J. Rufe has embodied of securities and ensure that massive fraud pionship. what it means to be a public servant. that was committed on the scale of Bernard f He has been responsible for authoring sev- Madoff never happens again. eral landmark decisions on open space pres- TRIBUTE TO DR. JOHN BRADHAM Currently, the Securities and Exchange ervation zoning and has presided over the COMMEMORATING HIS RETIRE- Commission has to issue subpoenas in the ju- county’s asbestos liability litigation for over a MENT FROM SCRA dicial district where the trial takes place or decade. In addition, John has been recog- within a ‘‘100-mile bulge’’ of the courthouse. nized by many for his attentive and consid- This unnecessarily burdens the staff, which HON. JOE WILSON erate mediation in the complex and difficult has to travel to the courts where the trial takes OF SOUTH CAROLINA field of child custody litigation. place, wasting both time and money. Further- IN THE HOUSE OF REPRESENTATIVES John has also served as the President of more, by requiring the SEC to seek action in Thursday, December 3, 2009 the Bucks County Bar Association. He has remote district courts, civil cases may be Mr. WILSON of South Carolina. Madam been a contributor to Continuing Legal Edu- weakened. Witnesses in cases filed by the Speaker, today I rise in recognition of the ex- cation panels and has been a valuable re- SEC are frequently located outside of the trial traordinary efforts of Dr. John Bradham, a life- source for many beginning lawyers by offering court’s subpoena range. Because witnesses long patriot and public servant to the citizens constructive comment and guidance. who are not able to travel would have to pro- of South Carolina and the United States. Born Madam Speaker, I am proud to recognize vide an alternative to live testimony, such as and raised in Sumter, John’s unyielding desire the Honorable John J. Rufe for his outstanding a videotaped deposition or written testimony, to learn and succeed led him to the University commitment to public service, his community the impact of their statement is lost. Addition- of South Carolina for his undergraduate stud- and his country. I am extremely honored to ally, securities violations using the internet in- ies and to Texas A&M for multiple advanced serve as his Congressman. volve persons across jurisdictions. degrees. John has a rich history of putting oth- f H.R. 2873 will streamline the SEC’s ability ers’ needs before his own with the utmost PROTECT RELIGIOUS MINORITIES to investigate potential cases of violations of honesty and integrity. He served 24 years in IN IRAQ securities law. This bill will allow nationwide the United States Air Force where he filled nu- service of subpoenas in civil actions brought merous leadership roles including command of by the SEC in Federal courts. By granting the Air Force Command, Control, Communica- HON. GARY C. PETERS SEC this authority, this legislation will elimi- tions, and Computer, C4, programs, as well as OF MICHIGAN nate repetitive depositions. While the Congres- environmental research on aircraft systems, IN THE HOUSE OF REPRESENTATIVES sional Budget Office has not scored this legis- radar, and various energy communications Thursday, December 3, 2009 lation, logically, this legislation will reduce systems. John’s contributions and service to costs for the SEC. The costs of creating and his country have gone above and beyond the Mr. PETERS. Madam Speaker, today I am presenting videotaped depositions will be re- call of duty, evident by the fact that he retired introducing a resolution designed to raise duced. Additionally, SEC staff will no longer from the Air Force as a full colonel before join- awareness and express support for Iraqi reli- have to travel to file motions in remote district ing the South Carolina Research Authority, gious minorities. The war in Iraq and the sub- courts, saving the staff time and the taxpayer SCRA. sequent ethnic and sectarian violence has cre- money. I have had the pleasure of working with ated a massive humanitarian crisis, and led to Other agencies with similar mandates have John during his tenure at SCRA on a variety the displacement of millions of people. Iraqi long had the authority for nationwide service. of high-level programs that have benefited religious minorities are particularly vulnerable, This body has already considered and passed South Carolinians, our warfighters, and the and are often specifically targeted in grue- this provision: during the 110th Congress, the United States’ national security. As the Senior some and random acts of violence, such as House of Representatives passed a law of this Vice President at SCRA and head of the Insti- murder, rape, and abductions. nature in Section 19 of H.R. 6513, the Securi- tute for Solutions Generation, ISG, John has Many who have escaped Iraq to seek ref- ties Act of 2008. Furthermore, the SEC al- been an impetus for ingenuity and a driving uge in neighboring countries are forced to live ready has this authority in administrative pro- force for upholding the highest standards of in poverty, unable to legally work and lacking ceedings. professionalism. sufficient support from their host government. Dr. Bradham’s technical knowledge has Those who remain in Iraq live a life of con- f been crucial in SCRA programs and other stant fear. They are forced into hiding and are HONORING THE MOUND CITY HIGH projects for pushing the limits of technology vulnerable to emotional and physical attacks. SCHOOL FOOTBALL TEAM and expanding the capabilities of our manu- Iraqi religious minorities lack the resources facturing sector to increase America’s defense and sturdy community foundation necessary to HON. SAM GRAVES readiness. defend themselves, and thus remain underrep- I commend Dr. John Bradham for his out- OF MISSOURI resented politically, legally, and economically. standing service to the United States and for IN THE HOUSE OF REPRESENTATIVES Muslims and non-Muslims alike are exposed embodying the ideals and morals of what we to such attacks, but the smaller religious sects Thursday, December 3, 2009 hold a true American to be. His dedication to remain more vulnerable, including Chaldeans, Mr. GRAVES. Madam Speaker, I proudly his family, friends, and colleagues is unmistak- Syriacs, Assyrians, and other Christians, rise to recognize the outstanding achievement able and seen through the respect and honor Sabean Mandeans, and Yazidis. Catholic of the Mound City Panthers High School foot- he has earned and so righteously deserves. I Christians have witnessed the killing of Arch- ball team in defeating St. Joseph Christian, by wish John the best of luck in his future en- bishop Paulos Faraj Rahho and the ancient a score of 50–8, to claim victory in this year’s deavors including his decision to teach and Iraqi Jewish community has seen itself dimin- Show-Me Bowl. share his technical expertise with the youth of ish to a population of only ten members. Once again, the Panthers were able to be South Carolina. May God bless John, his wife This resolution calls upon the combined ef- crowned champions this season through hard Becky, their two children, and five grand- forts of the United States Government and work and tireless effort. This is the second children. United Nations to ask the Iraqi Government to straight year that the Panthers have beaten f protect religious minorities by encouraging free the Lions in the 8-man title game. These HONORING JOHN J. RUFE and fair elections, training Iraqi security forces young men have worked tirelessly for years on and providing safe places to worship. It also sharpening the skills needed to achieve the seeks an investigation into human rights viola- success they most definitely deserve. I join HON. PATRICK J. MURPHY tions, and calls for an end to the abuse of OF PENNSYLVANIA with the community of Mound City in express- Iraqi religious minorities. Finally, the resolution IN THE HOUSE OF REPRESENTATIVES ing how proud we are of the team under the calls for United States to work with the Iraqi leadership of Coach Brian Messer and his Thursday, December 3, 2009 government to ensure the physical and eco- coaching staff. I wish them the very best and Mr. PATRICK J. MURPHY of Pennsylvania. nomic safety of those wishing to return to Iraq. look forward to continued success in the fu- Madam Speaker, I rise today to honor John J. It is no longer possible to stand by and ture. Rufe of Bucks County, Pennsylvania. watch as millions of religious minorities are

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2881 subjected to torture, abuse, and discrimination, The men and women of our military, through Robert Steffne as he gathers with his family, which is why I ask my colleagues to support trial and tribulation, carry on; which they do in Masons from throughout Michigan, friends, this important resolution. the name of many things, namely freedom, and his special friend Cynthia Allard, to cele- f justice, democracy as well as in the name of brate his work and contributions to Masonry their family and loved ones. The support nec- and the Flint area. I wish him the best for HONORING THE SAVANNAH HIGH essary to keep a person going in such an years to come. SCHOOL GIRLS’ GOLF TEAM atrocious environment is unfathomable, yet f their families too, carry on. In my home dis- HON. SAM GRAVES trict, the 18th District of Texas, we currently HONORING THE MARYVILLE HIGH OF MISSOURI have, according to the Department of De- SCHOOL FOOTBALL TEAM IN THE HOUSE OF REPRESENTATIVES fense, approximately 400 men and women in Thursday, December 3, 2009 the military. With President Obama’s planned HON. SAM GRAVES deployment of 30,000 more troops to Afghani- OF MISSOURI Mr. GRAVES. Madam Speaker, I proudly stan, there is bound to be more families left IN THE HOUSE OF REPRESENTATIVES rise to congratulate Coach Tammy Steinkamp without sons, daughters, brothers, sisters, and the Savannah High School girls’ golf team Thursday, December 3, 2009 mothers and fathers here at home. National on their victory in the Missouri class 1 state Military Family Month will help provide encour- Mr. GRAVES. Madam Speaker, I proudly championship. After a long, hard season these agement to military families who in turn sup- rise to congratulate Coach Chris Holt and the young women showed their true character by port our military men and women. Maryville High School football team for win- bringing home the state title. Military families, through their sacrifices and ning the Missouri Class 2 state championship. A championship is not only a reflection of their dedication to the United States and its After a hard fought season, the Spoofhounds the final tournament of the year but also the values, represent the bedrock upon which the finished the year with an impressive 35–0 vic- hard work and dedication required in getting to United States was founded and upon which tory in the state final and a 14–1 record. that point. These young women have worked the country continues to rely in these perilous Not only should these young men be proud tirelessly for years on sharpening the skills and challenging times. The month of Novem- of the enormity of their accomplishment but needed to achieve the success they most defi- ber, which includes the Veterans Day holiday, also the manner in which it was achieved. nitely deserve. I join the community of Savan- is an appropriate month to observe National Throughout the season the Maryville football nah in expressing how proud we are of this Military Family Month, which recognizes the team played with heart, class and great team and their incredible accomplishments. I sacrifices and dedication of military families sportsmanship. I join the entire Maryville com- wish them the very best and look forward to and their contributions to the United States. H. munity in congratulating the players and more success in the future. Res 861 will also encourage the people of the coaches on their many successes throughout Madam Speaker, I respectfully request you United States to observe National Military the season and look forward to the seasons to join with me in commending the Savannah Family Month with appropriate ceremonies come. High School girls’ golf team on their state and activities. Madam Speaker, I respectfully request you championship. join with me in commending the Maryville f f Spoofhounds on their state championship. HONORING EDDIE ROBERT f MILITARY FAMILY MONTH STEFFNE 125TH ANNIVERSARY OF THE SPEECH OF HON. DALE E. KILDEE CENTRAL UNION MISSION HON. SHEILA JACKSON-LEE OF MICHIGAN OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. ROBERT B. ADERHOLT IN THE HOUSE OF REPRESENTATIVES OF ALABAMA Thursday, December 3, 2009 Wednesday, December 2, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. KILDEE. Madam Speaker, I rise today Thursday, December 3, 2009 Ms. JACKSON-LEE of Texas. Madam to pay tribute to Eddie Robert Steffne as he is Speaker, I rise today in support of H. Res. honored by the Grand Lodge of Free and Ac- Mr. ADERHOLT. Madam Speaker, I would 861, which supports the goals and ideals of cepted Masons of Michigan. A dinner will be like to bring the House’s attention to an impor- National Military Family Month. The fact that held in his honor on Sunday, December 6th in tant milestone taking place in the District of our star-spangled banner yet wave is a testa- Mt. Morris, Michigan. Columbia. The Central Union Mission, the ment to the courage and honor of our military A lifelong resident of Genesee County, longest serving social service organization in which is reason enough to thank the men and Michigan, Eddie Steffne served in the U.S. the District, is celebrating its 125th anniversary women of our military for the safety we have military after attending Beecher High School. of helping transform the lives of the least, the here in America; equally important are the He received his honorable discharge in 1957 lost, and the last in Washington. loved ones they leave behind each tour, who returning to the Flint area and attended Flint Beginning in 1884, the Central Union Mis- support them and help keep them going day Community College. He became a master me- sion, a highly effective faith-based nonprofit, in and out. chanic and worked for Sears and Roebuck, has provided a compassionate helping hand to In 1996, the Armed Services YMCA ex- Midas Muffler, Draper Chevrolet, Summerfield literally thousands of the District’s homeless panded Military Family Week, which usually Chevrolet, Hunter Engineering and Applegate and addicted men, women and children. For occurred around Thanksgiving, into Military Chevrolet. some veterans of the Civil War who returned Family Month. Just like the week grew into a Eddie joined the Montrose Masonic Lodge to Washington down and out, they turned to month long celebration in appreciation, so to No. 428 in 1976. He served as Worshipful the Mission for assistance and the Mission have military families grown in number. ‘‘When Master in 1982 and 2006. Also in 1982 he faithfully provided it. During the Great Depres- I came in the service back in the Dark Ages, was appointed District Deputy Instructor then sion, the Mission was the nexus of the City for most of the troops were single. Everybody in 1992 he was appointed Regional Grand many who were jobless and penniless. Vet- was single,’’ said retired Navy Rear Adm. Lecturer. The Grand Lodge of Free and Ac- erans of two world wars enlisted the Mission Frank Gallo, director of the Armed Services cepted Masons of Michigan elected him Right to help them fight battles of addiction and YMCA. Now, he added, 65 percent to 70 per- Worshipful Grand Lecturer. homelessness. cent of service members are married, many Active in the community, Eddie has sup- Just a short drive from this magnificent Cap- with children. Families are a big part of the ported the Shriner’s Children Hospitals, the itol building, the Mission has been in operation military, and the health of those families is Old Newsboys of Flint, the city of Flint Police continuously throughout 24 presidential admin- also a big part of the readiness of the military, Mounted Patrol and Canine Unit, and he is a istrations. The Mission has changed from what he said. 32nd degree Scottish Rite Mason and sup- we would think of as a traditional homeless Military Family Month puts a little extra ports their charities. Eddie and his late wife, shelter providing food, clothing, and a safe focus on supporting the families who support Ruth Ann, had 4 children: Eddie Ray, Gregory, place to sleep for the night, to a sophisticated the men and women of our military. This has Shannon and Todd. Eddie Ray passed away transitional facility. The Mission provides especially been true since the beginning of the in 1978. emergency services to the homeless, life skills conflicts in Afghanistan and Iraq as more of Madam Speaker, I ask the House of Rep- and job training, education and computer pro- our soldiers are deployed. resentatives to join me in congratulating Eddie grams, group and individual therapy, clinical

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2882 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 services, community work and outreach, and Today, my wife and children know me, cess to Public Television’s signals. DISH had physical, emotional and spiritual renewal. they’re proud to say they have a changed been providing preferential treatment to high- Through a variety of programs, the Mission husband and daddy. My relationship with my paying networks for the transmission of pro- family has been restored, my sanity has been gramming, but denying equal carriage for a provides services to not just the homeless, but given back, and I look forward to a better fu- to the addicted, at-risk youth, gang members, ture. All thanks to the Central Union Mis- television service supported by tax dollars. and criminal offenders. The Mission accom- sion. DISH gets privileges under this bill and with those privileges comes the obligation to serve plishes this important work with the strong ‘‘Reginald’’ had a similar experience: support of and partnerships with foundations, the public interest. I entered Central Union Mission depressed, The premise of my language is simple. associations, businesses, churches, other so- tired of life, and sick. I needed help. cial services, and local governments in the It requires satellite carriers to provide their I was at the Mission for almost two weeks, customers with local noncommercial HDTV District, in Virginia and Maryland. which allowed me time to recuperate, think, The Mission’s work to the poor never seems and spend time with other men who were transmissions when carrying other local broad- to end. In fact, the problems of homelessness, just like me, when my mind began to clear. cast HD signals. addiction and other related problems continue I started to focus on the important things in It provides for carriage compliance for 50 percent of the stations by the end of 2010, to increase. The demand for programs offered my life—my faith, family and getting better. with an extra year for the remainder, thus ac- by the Central Union Mission is more vital now The Mission is just what it says it is—a mission, a place that’s there for the people celerating the FCC 2013 date. than ever because of the severe economic cri- who are in need, and so they can get better. It ensures that when new service is initiated, sis which hits hardest those who are most vul- Just watching all these people bring in do- noncommercial stations get equal treatment. nerable. nated things to help people they don’t even And, it gives carriers one last opportunity to Today, in Washington, D.C., there are more know amazed me. Watching men and women sign a carriage contract because anyone who than 12,000 men, women, and children who who have very little, like me, enjoy working has one, has a safe harbor from the language are living in shelters, transitional housing, or on the food depot, seniors day, birthday cele- here. on the streets. brations, back to school, and things like that, makes it seem more like a family here. Most importantly, this language locks the Madam Speaker, the Central Union Mission door and rips off the knob—it not only acceler- is on the front lines working to meet the needs Basically, they really care. It helps me to re- alize how important I really am. ates the carriage date, it precludes potential of those who are in need of its services. Last I thank God for David Treadwell and his waivers of that date extending well into the fu- year alone, the Central Union Mission pro- staff. They are wonderful at what they do for ture. vided 152,275 meals to the hungry, more than people in need. The time they put into help- It’s important to note that Direct TV offers 50,000 men with shelter through residential ing us is from the heart and that’s what God HD channels of 106 local public television sta- programs, and 4,408 individuals received wants from all of us—the best of what’s in tions in their local markets. DISH is carrying counseling, medical, and legal assistance. our hearts. HD in local commercial broadcasts in 152 Nearly 1,000 individuals were given the tools Madam Speaker, I hope the House will join markets covering 93 percent of U.S. house- for a self-sufficient life through long-term ad- me in congratulating the Central Union Mis- holds. But they only carry local public tele- dictions counseling and literacy programs. sion and expressing our gratitude for the vital vision HD broadcasts in Alaska and Hawaii— The impact doesn’t stop there. Families with work the Mission is doing here in Washington, where they are legally obligated to do so. children are the fastest growing segment of D.C. I encourage all Members to visit the Mis- Consumers in all states have the right to the homeless population. This past year, the sion, which is just a short drive from this view publicly funded programming. My pref- Mission provided nearly 5,000 families with chamber to witness first-hand the power of erence would have been that some time dur- clothing, food, and household goods; more compassionate service that has helped the ing the past three years of negotiations with than 3,000 children were given backpacks, Mission transform so many thousands of lives PBS, DISH would have decided to serve the supplies for school, and gifts around Christ- of the least, the last, and the lost for 125 public interest and provide equal treatment for mas time; and hundreds of impoverished years. noncommercial stations. Unfortunately, that urban children were treated to a real summer f didn’t happen. There’s been adequate notice camp experience at the Mission’s Camp Ben- of a serious problem, but no action. I encour- nett location in Maryland. SATELLITE HOME VIEWER age DISH to continue negotiating with PBS to The demand for services provided by the REAUTHORIZATION ACT OF 2009 reach a viable compromise on this issue be- Central Union Mission continues to grow. The fore this measure passes the Senate as well. SPEECH OF Central Union Mission is regularly forced to Otherwise, there will be no additional flexi- turn away people who are hungry, hurting, and HON. ANNA G. ESHOO bility—and DISH will be legally obligated to in need of vital services because of regularly OF CALIFORNIA carry those HD signals. Thank you, Madam Speaker. I look forward operating to capacity. As we enter the winter IN THE HOUSE OF REPRESENTATIVES months, the Mission becomes an even more to final passage of the Satellite bill, and espe- Wednesday, December 2, 2009 critical safety net for thousands of individuals cially the anti-discriminatory section which is and families who seek out the warmth and Ms. ESHOO. Madam Speaker, I rise in sup- part of it. shelter it provides. port of H.R. 3570, the Satellite Home Viewer f The assistance the Central Union Mission Update and Reauthorization Act of 2009. This HONORING THE PENNEY HIGH has provided since 1884 is best told through bill provides much-needed improvements to SCHOOL GIRLS’ CROSS COUNTRY the stories those whose lives have been trans- the current legal structure governing the trans- TEAM formed. One such person, ‘‘Timothy,’’ says mission of satellite signals to American con- about the Mission: sumers. We’ve come a long way since the For nine years I had been struggling with days where satellite companies were fledging HON. SAM GRAVES OF MISSOURI drug and alcohol addiction. Going in and out businesses with small customer bases and of jails and institutions, wandering, hope- large backyard dishes. Now this industry is ro- IN THE HOUSE OF REPRESENTATIVES lessly waiting for my life to end or a miracle bust and competitive and holds its own in the Thursday, December 3, 2009 to happen. At some point, I decided I didn’t world of multi-video providers. Mr. GRAVES. Madam Speaker, I proudly want to live anymore. My wife and children With this increased popularity comes an in- had been gone from my life, and my life was rise to congratulate the Penney High School in shambles. I decided, during a deep depres- creased responsibility to those who subscribe girls’ cross country team for winning their sixth sion, that I was going to take my own life. to satellite services. I sponsored an amend- Missouri Class 1 state championship in a row. Then, the miracle happened. ment to the bill that was adopted in the En- Runners Erin Esry, Makayla Moon, Lindsey I walked to the Central Union Mission, ergy and Commerce Committee which under- Vollmer, Bethany Jakopic, Brooke Flook, which was only 4 blocks away. When I ar- scores the importance of the rights of satellite Saige Dilley, and Kathleen Clevenger along rived I was embraced by men who were con- customers. with managers Ashley Cramer, Olivia Allen cerned for me. I came into their STP pro- My language will finally end DISH Network’s and Coach Mark Vollmer all deserve many gram with barely any hope. But several days into it, I started to feel better. I realized discrimination against noncommercial High congratulations for their enormous success. that I have certain responsibilities, and that Definition signals. Many of you know these Over the years, Coach Vollmer and his run- life is really what you make it. Somehow, I noncommercial stations as educational and ners have displayed the hard work, determina- made it through the Mission’s program and Public Broadcast Stations. DISH has roughly tion, and class that is indicative of six-time my life has really turned around. 14 million subscribers and they all deserve ac- champions.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2883 Winning a state championship is not only a mortgage payments to help such families af- There is more but, in short, Bob Huber is reflection of the results of a race but also the ford the costs of an additional residence while very deserving of this honor. character of it competitors. Every member of they are removed from their primary homes. Madam Speaker, I know my colleagues will this team can walk with her head held high That is why I join this body in encouraging join me in congratulating Robert O. ‘‘Bob’’ knowing that she has achieved what very few banks and mortgage servicers to work with Huber for earning the Ben E. Nordman 2009 could. I join the entire community of Hamilton families affected by contaminated drywall to Public Services Award and in thanking him for in congratulating these young women and allow temporary forbearance without penalty his many decades of service to his commu- their coach on their achievements and look on payments on their home mortgages. nity. forward to more success to come. f f Madam Speaker, I respectfully request you join with me in commending the Penney High IN TRIBUTE TO ROBERT O. HUBER IN HONOR OF GEORGE L. School girls’ cross country team on their sixth CATRAMBONE straight state championship. HON. ELTON GALLEGLY f OF CALIFORNIA HON. FRANK PALLONE, JR. IN THE HOUSE OF REPRESENTATIVES TEMPORARY FORBEARANCE FOR OF NEW JERSEY FAMILIES AFFECTED BY CON- Thursday, December 3, 2009 IN THE HOUSE OF REPRESENTATIVES TAMINATED DRYWALL Mr. GALLEGLY. Madam Speaker, I rise in Thursday, December 3, 2009 tribute to Robert O. ‘‘Bob’’ Huber, who was re- SPEECH OF cently awarded the Ben E. Nordman 2009 Mr. PALLONE. Madam Speaker, I rise today Public Services Award by the Ventura County to honor George L. Catrambone and his dec- HON. SHEILA JACKSON-LEE Bar Association in recognition of his many ades of service to the children of the Long OF TEXAS years of community service. Branch Public Schools. Mr. Catrambone is IN THE HOUSE OF REPRESENTATIVES This award recognizes outstanding commu- known as an innovator in the field of education and he has tirelessly worked to improve the Wednesday, December 2, 2009 nity contributions by a Ventura County, Cali- fornia, attorney through charitable and public quality of instruction for thousands of students. Ms. JACKSON-LEE of Texas. Madam services activities. One would be hard-pressed He recently announced his retirement after Speaker, I rise before you today in support of to find someone more deserving of the award over 37 years of dedicated service. House Concurrent Resolution 197, ‘‘Encour- than Bob. Mr. Catrambone began his career at the aging banks and mortgage servicers to work I have known, and been friends with, Bob Elberon Elementary School where he first with families affected by contaminated drywall for more than 30 years. We served together worked as a teacher for the handicapped. He to allow temporary forbearance without penalty on the Simi Valley City Council in the early became the school’s senior special education on payments on their home mortgages’’. I 1980s and he was one of my first and most teacher before rising to the position of Coordi- would like to thank my colleague, Rep. GLENN fervent supporters when I decided to run for nator of Special Education for the entire Long NYE, for introducing this act of solidarity, as Congress. Branch School District. Mr. Catrambone rose well as the co-sponsors. Bob became an attorney after 13 years as to the position of Assistant Superintendent of Contaminated drywall affects thousands of a mortician. He runs his own law office in part- Schools in 2002. In this position, Mr. Americans—since January 2009, over 1,300 nership with Russ Takasugi and has served Catrambone was a key force behind the im- cases of this structural condition have been as a Judge Pro Tem since 1981. In 2004, he plementation of the education policies of New reported from 26 States and the District of Co- returned to elective office as a Ventura County Jersey’s Governor and Commissioner of Edu- lumbia. When in 2006, more than 495 million Community College District trustee. He cur- cation. pounds of drywall was imported into the rently serves as board president. Mr. Catrambone has played a vital role in United States from China, my home city of As examples of his leadership, Bob initiated the implementation of the Whole School Re- Houston was one of the major recipients. the first Affordable Housing Committee in the form initiative. He has helped to implement the Earlier this year, America’s Watchdog, a na- state of California while serving on the Simi initiative’s curriculum advancements, including tional advocacy group for consumer protec- Valley City Council. As a College District trust- the provision of a full school day for preschool tion, confirmed defective drywall in homes in ee, he prompted the board to launch an emer- age children. He was also instrumental in the Michigan, Virginia, Georgia, Mississippi, Ala- gency response system to protect students at design and construction of new schools, ath- bama, Louisiana, Texas, Maryland, North and the district’s three campuses after the Virginia letic facilities, and playgrounds for use by the South Carolina, New York and New Jersey, Tech massacre. The district was the first col- children of the Long Branch Public Schools. with an estimated 10,000 homes in Florida lege or university system in California to As a member of several professional organi- and more than 100,000 nationwide affected. launch an emergency program and earned the zations, Mr. Catrambone has contributed a At least a dozen companies manufactured de- district a special commendation from the State great deal to New Jersey’s community of edu- fective drywall in China and about 100 build- Chancellor’s office. cators. The Association for Supervision and ers in Florida used the product, dating back to Throughout the years, Bob has also served Curriculum Development, the Association for 2004. on a number of governmental boards and Children with Learning Disabilities, the New Noxious gases released from contaminated commissions. He also became active in the Jersey Education Association, and the Prin- drywall can cause serious health effects in- private sector starting at an early age. For in- cipal and Supervisors Association are included volving the upper respiratory tract, such as stance, he was 27 years old the first time he among the many different organizations of bloody noses, rashes, sore throats, and burn- served as president of the Simi Valley Cham- which Mr. Catrambone is a valued member. ing eyes; and toxins released from contami- ber of Commerce. In addition, he has also Mr. Catrambone has been the recipient of nated drywall can corrode metals inside the headed his Rotary Club, the Simi Valley Boy several honors during his distinguished career. home, such as air conditioning coils and elec- Scout District, the Southeast Ventura County He has been awarded the Rotary Club of trical wiring. YMCA and the Administrative board of the Long Branch’s prestigious Paul Harris Fellow The dangers and health risks posed by con- United Methodist Church of Simi Valley. He Award and he has been presented with the taminated drywall have forced thousands of was a founding steering committee board Long Branch Board of Education’s Achieve- families out of their homes and into temporary member for Leadership Simi Valley, the Simi ment resolution for his work with handicapped living situations, and many such families are Valley Education Foundation and the Simi Val- youth. Mr. Catrambone has also been honored unable to afford an additional financial burden. ley Community Foundation. for the work he has done on behalf of the Because of this, some Americans who pay He has also provided pro bono legal work Special Olympics. their mortgages on time are now suffering for the Simi Valley Chamber of Commerce, Madam Speaker, I sincerely hope that my from both financial problems and health com- the United Methodist Church, the Presbyterian colleagues will join me in celebrating Mr. plications through no fault of their own. Church, the Rotary Club, the Boys & Girls Catrambone’s remarkable career. His impres- Banks and mortgage servicers can help Club, the Free Clinic of Simi Valley, the Simi sive record of resilient achievement serves as families affected by this scourge by providing Valley Community Foundation and the Simi a model for educators across the State of New temporary forbearance with respect to their Valley Cultural Arts Foundation. Jersey.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2884 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 HONORING THE PENNEY HIGH endeavors and a lifetime ahead of even great- During the course of her career, Ms. Jones SCHOOL FOOTBALL TEAM er reward. received a number of plaques, certificates and f awards of recognition and achievement. Some HON. SAM GRAVES of her most treasured awards include a Presi- MS. BERTHA M. JONES— dential Citation for the National Association for OF MISSOURI AGRICULTURALIST, PHILAN- IN THE HOUSE OF REPRESENTATIVES Equal Opportunity in Higher Education as well THROPIST, CHAMPION as her 2004 induction into the National 4–H Thursday, December 3, 2009 Hall of Fame. Not only has Ms. Jones re- Mr. GRAVES. Madam Speaker, I proudly HON. BENNIE G. THOMPSON ceived citation and notary inductions but she rise to recognize the outstanding achievement OF MISSISSIPPI also has a conference room dedicated in her of the Penney High School Hornets football IN THE HOUSE OF REPRESENTATIVES honor at Alabama A&M in the Home Econom- team in defeating Valle Catholic, by a score of Thursday, December 3, 2009 ics Department. 21–17, to claim victory in this year’s Class 1 Ms. Jones was a faithful steward of the Show-Me Bowl at the Edward Jones Dome. Mr. THOMPSON of Mississippi. Madam Greenwood Missionary Baptist Church in A championship is not only reflective of the Speaker, it gives me immense pleasure to rec- Tuskegee, AL where she served as an active final game of the year but also the hard work ognize the life and legacy of one of America’s member of their congregation since 1970. Dur- and dedication required in getting to that point most prolific champions of agricultural edu- ing her membership Ms. Jones served in sev- through diligence and discipline. Knocking off cation and science, Ms. Bertha M. Jones. eral capacities including the choir, the Pastor’s one of Missouri’s historically great football pro- Ms. Jones is a native of Huntsville, AL, Aid Committee and as a devoted Sunday grams and owner of 9 previous state titles is where she first found her love for agriculture school teacher. no small achievement and the Hornets should and appreciation for the mystical wonders of Thank you for allowing me the opportunity be commended for their efforts in doing so. nature. Ms. Jones graduated from State Agri- to recognize one of the finest agricultural icons Additionally, I want to recognize the out- cultural and Mechanical Institute in Alabama, in American history, Ms. Bertha M. Jones. Her standing leadership of Coach Dave Fairchild, currently known as Alabama A&M in 1945, re- achievements and contributions to the world of who earned his first state title in his 26 years ceiving her Bachelor’s of Science in Home Ec- agricultural science will never be forgotten. onomics. After completing her undergraduate of coaching. Through his vision and guidance, f the Hornets were able to repeatedly deliver studies, Ms. Jones began her career in solid results and achieve the honor of state Luverne, Alabama as a Negro Home Dem- PERSONAL EXPLANATION champions. onstration Agent servicing Crenshaw County Madam Speaker, I respectfully request you for more than a decade. HON. J. GRESHAM BARRETT In 1956, Ms. Bertha received her Master’s to join me in congratulating the achievement OF SOUTH CAROLINA of Education in Home Economics from Penn of the Penney High School football team on IN THE HOUSE OF REPRESENTATIVES their state championship. State University and shortly thereafter served Thursday, December 3, 2009 f as a State 4–H Agent for Negro Girls at Tuskegee Institute, currently known as Mr. BARRETT of South Carolina. Madam HONORING THE SERVICE OF Tuskegee University. During that period Ms. Speaker, unfortunately, I missed the following JEANNE M. MERSHON Jones was responsible for 4–H publications recorded votes on the House floor on Tues- and 4–H administration for 37 county agents. day, November 17, 2009 and Wednesday, No- HON. JAMES P. MORAN Her desire for scholastic achievement led her vember 18, 2009. OF VIRGINIA to further her studies at both Prairie View A&M For Tuesday, November 17, 2009, I ask that IN THE HOUSE OF REPRESENTATIVES and George Washington University. the Record reflect that had I been present I Ms. Bertha Jones lives by the motto, ‘‘4–H would have voted ‘‘Aye’’ on rollcall vote No. Thursday, December 3, 2009 Is Life’’, devoting countless hours towards the 892 (on motion to suspend the rules and Mr. MORAN of Virginia. Madam Speaker, I educational and economic growth of young agree to H.R. 3360), ‘‘Aye’’ on rollcall vote No. rise today to express my gratitude to a long- people throughout the region. Ms. Jones be- 893 (on motion to suspend the rules and time employee of the House of Representa- lieved that every young person should be ex- agree to H. Res. 842), ‘‘No’’ on rollcall vote tives, Jeanne M. Mershon, who, on November posed to the 4–H experience because it was No. 894 (on approval of the Journal), ‘‘Aye’’ on 30th, retired after more than 27 years of dedi- instrumental in life skills development. Ms. rollcall vote No. 895 (on motion to suspend cated service to this body. Ms. Mershon is a Jones served multiple roles both locally and the rules and agree to H. Res. 891). constituent of Virginia’s 8th Congressional Dis- nationally for 4–H related junctures, including For Wednesday, November 18, 2009, I ask trict, born and raised in Springfield, Virginia membership on the National and State 4–H that the Record reflect that had I been present and currently resides in Arlington. Jeanne is a Congress Committees, the 4–H Food Preser- I would have voted ‘‘No’’ on rollcall vote No. proud graduate of the Northern Virginia public vation and 4–H DOT Committees as well as 896 (on agreeing to H. Con. Res. 214, which school system and her alma mater, the Col- the 4–H Advisory Committee. Ms. Jones was provides for a conditional adjournment of the lege of William and Mary. also the first State Leader for Urban 4–H in two Houses), ‘‘No’’ on rollcall vote No. 897 (or- Ms. Mershon began working for the House both Mobile and Huntsville, AL. dering the previous question on the Rule for of Representatives in 1982 in the Office of the Ms. Jones has authored and co-authored H.R. 3791, the Fire Grants Reauthorization Clerk after a stint at the Federal Election Com- numerous publications dedicated to advancing Act of 2009), ‘‘No’’ on rollcall vote No. 898 (on mission. She started in the Office of the Direc- agricultural studies among rural and urban agreeing to H. Res. 909, which provides for tor of Non-Legislative and Financial Services communities. Some of her works are com- consideration of H.R. 3791), ‘‘No’’ on rollcall and later joined the Chief Administrative Office prised of the 4–H Officer Training Handbook, vote No. 899 (on agreeing to the Perlmutter in the Office of Facilities Management. After Clean Look and Your Health, and the History Amendment to H.R. 3791), ‘‘Aye’’ on rollcall over a decade of making sure the operations of Negroes in Cooperative Extension, which vote No. 900 (on agreeing to the Flake of the House ran smoothly, in December of she co-authored with Dr. Richard Bailey. Not Amendment to H.R. 3791), ‘‘Aye’’ on rollcall 1995, she joined the Parking Security Office only has she authored and co-authored publi- vote No. 901 (on passage of H.R. 3791). for the House Sergeant at Arms, where she cations, Ms. Jones also has been featured in f has since served as Assistant Director. publications such as They Too Call Alabama Ms. Mershon is known by her peers as thor- Home: African American Profiles, 1800–1999, HONORING THE KEARNEY HIGH ough and detail oriented, as well as someone written also by Dr. Bailey. SCHOOL GIRLS CROSS COUNTRY they are able to turn to at any time, even with Ms. Jones is a noted philanthropist of local TEAM the most difficult questions. This past Sep- 4–H efforts, giving not only financial resources tember, Ms. Mershon was the recipient of the but also substantial amounts of time towards HON. SAM GRAVES Office of the Inspector General’s ‘‘Employee helping enrich and increase the growing OF MISSOURI Excellence Award,’’ a fitting tribute to her tire- knowledge among young people about 4–H IN THE HOUSE OF REPRESENTATIVES less efforts. We are fortunate to have had Ms. procedures and practices, willing monetary Mershon’s service for so many years. She will support for those wishing to expand their Thursday, December 3, 2009 be sorely missed by all her friends and col- knowledge through involvement in 4–H activi- Mr. GRAVES. Madam Speaker, I proudly leagues. I wish her the best in all of her future ties or pursuit of higher education. rise to recognize the outstanding achievement

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2885 of the Kearney Bulldogs High School girls ica is great because she is good, and if Amer- In the legislation I am introducing, the cross country team in capturing their first-ever ica ever ceases to be good, she will cease to science, not politics, will set the stage for ac- Class 3 state championship. be great.’’ Madam Speaker, Nadine is the kind tion to be taken by regulatory agencies. First, Winning their first state championship was of American de Tocqueville was talking about. the National Institute of Environmental Health even more sweet for Kearney, as they beat She is good and people like her continue to Sciences (NIEHS) will undertake a com- the powerhouse team of West Plains, who just make America great. prehensive research and testing program, last year squeaked past the Bulldogs by three f using the best available science, to identify points to win the state championship. This chemicals with endocrine disrupting potential. INTRODUCING THE ENDOCRINE year, the hard work and dedication paid off as In addition, an independent expert panel, guid- DISRUPTING CHEMICALS PRE- all seven Kearney runners placed in the top ed by the scientific research, will develop a list VENTION ACT OF 2009 50 in a field of 165. of the chemicals and evaluate the potential Additionally, I want to recognize the out- threat they pose. If the expert panel expresses standing leadership of Coach Jeff Roberts. HON. JAMES P. MORAN even a minimal level of concern over the po- Through his vision and guidance, the team OF VIRGINIA tential threat a chemical poses, regulatory was able to deliver solid results and achieve IN THE HOUSE OF REPRESENTATIVES agencies will be required to explain how they the honor of state champions. Thursday, December 3, 2009 plan to respond to the scientific findings. Madam Speaker, I respectfully request you Mr. MORAN of Virginia. Madam Speaker, Hopefully, this process will lead to a greater to join me in congratulating the Kearney High today I am introducing the ‘‘Endocrine Disrup- public awareness of potentially dangerous School girls cross country team on their state tion Prevention Act of 2009,’’ legislation that chemicals, as well as a swift appropriate re- championship. will not only established a much-needed com- sponse by our regulatory agencies that will f prehensive research program to identify limit or prevent exposure to them. I urge my colleagues to support this impor- NADINE GULIT AND ‘‘OPERATION chemicals that interfere with human reproduc- tion and development, but that also will require tant legislation and I ask that the full text of SUPPORT OUR TROOPS’’ regulatory agencies to provide an appropriate the legislation be printed in the RECORD at the public response as to how they will respond to conclusion of these remarks. HON. DAVID G. REICHERT the scientific findings and what actions they f OF WASHINGTON will take to protect humans from exposure to PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES such chemicals. Thursday, December 3, 2009 Recent studies have convincingly dem- onstrated that a disturbing increase in the HON. BRIAN P. BILBRAY Mr. REICHERT. Madam Speaker, I rise number of disorders of the human endocrine OF CALIFORNIA today in honor of the co-founder of an organi- system is seriously undermining the health of IN THE HOUSE OF REPRESENTATIVES zation that provided comfort and support for our Nation. These disorders include autism, Thursday, December 3, 2009 thousands upon thousands of our brave serv- attention deficit hyperactivity disorder, asthma, ice men and women. juvenile and adult diabetes, juvenile cancer, Mr. BILBRAY. Madam Speaker, on rollcall For nearly eight years, Nadine Gulit has autoimmune diseases, obesity, osteoporosis, No. 915, had I been present, I would have freely given nearly all her time to support and Parkinson’s disease, and Alzheimer’s demen- voted ‘‘yea.’’ run ‘‘Operation Support our Troops.’’ When- tia. These disorders began to increase notice- f ever I hold Veterans Fair’s in my district, the ably in the early 1970s when the first genera- 8th of Washington, or attend veterans or serv- tion exposed in the womb to post-World War IN HONOR OF JAY DUNN’S RETIRE- ice member rallies, Nadine is always present. II synthetic chemicals reached maturity. MENT FROM IBEW LOCAL 146 Providing aid and comfort to our brave sol- Today, 1 in 3 children and 1 in 2 minority chil- diers was the work of her heart and soul and dren will develop diabetes; 1 in 6 children is HON. PHIL HARE she poured 100 percent of both into ‘‘Oper- born with neurological damage; 1 in 100 chil- OF ILLINOIS ation Support Our Troops.’’ dren has an autism spectrum disorder— IN THE HOUSE OF REPRESENTATIVES As the story goes, Operation Support Our among boys the occurrence is 1 in 58; and in Thursday, December 3, 2009 Troops started after Nadine’s daughter Sheryl 2007, an age-independent decline in testos- Sheaffer received a message from her son terone levels over the past 20 years was dis- Mr. HARE. Madam Speaker, I rise to honor Scott serving in Iraq. At that point, Nadine and covered in American men. Evidence from the long and dedicated service of Mr. Jay Sheryl were active in a grassroots organiza- human epidemiological and laboratory animal Dunn, an outstarlding member of IBEW Local tion called ‘‘Operation Home Front,’’ a support studies have linked these disorders to prenatal 146 in Decatur, Illinois. Jay retired from the our troops grassroots effort. But after receiving exposure to endocrine disrupting chemicals Local on November 30, 2009 after a distin- Scott’s call, Sheryl and Nadine took supporting (EDCs), yet the hands of federal agencies re- guished career serving the people of Decatur our troops to a new level. main tied under existing law. and his brothers and sisters in the labor move- ‘‘Operation Support Our Troops’’ has held In 1996, Congress recognized the need to ment. many, many rallies in support of service mem- study endocrine disruptions when it directed A long-time resident of Decatur, Jay started bers around Western Washington and is in the EPA to develop an endocrine disruption in the labor movement when he was accepted regular contact with thousands of military sup- screening program as part of the Food Quality into IBEW Local 146’s apprenticeship program porters around the State. ‘‘Operation Support Protection Act. Unfortunately, for various rea- in 1973. After starting work in July of 1973, Our Troops’’ has sent care packages to tens sons, many being political, the program has Jay completed his first year of classroom in- of thousands of our soldiers at a time and has been plagued by delays. Here we are, 13 struction and on-the-job training and was initi- touched the lives of many more. years later, and it wasn’t until October of this ated into the local in August 1974. Nadine’s family has a long history of service year that EPA announced the availability of Jay became a journeyman wireman in May to this country and a deep respect for the initial assays and testing guidelines for a lim- 1977 after an extensive 4-year apprenticeship work our soldiers do at home and abroad. Na- ited number of chemicals. Moreover, many program and since then has held many roles dine and her group have been honored and question whether any testing conducted under in the local, including serving as a job fore- recognized for their tireless efforts before, and EPA’s program will even be as relevant or ef- man, general foreman, and steward. He I felt strongly I needed to add my name to the fective as it could be, as scientists’ knowledge served on and chaired numerous committees list. Their contributions will be missed but they and understanding of endocrine disrupting for the local and was a member of the execu- have provided a blueprint for patriotic Ameri- chemicals, and how to best detect them, has tive board at the time of his appointment to cans to follow. increased rather profoundly since that time, business manager/financial secretary. On November 5, Specialist Aaron Aamot— and will continue to do so. Using a modern- Jay took great pride in building the labor a 22-year-old soldier from Custer, Wash- ized 21st century testing paradigm that recog- community’s presence in the Decatur area. ington—was killed in Afghanistan by an IED. nizes the known unique, subtle, and complex This culminated in Jay being named the presi- His father Mark, reflecting on his son’s death properties and effects of EDCs is necessary, dent of the Decatur Building and Construction and the outpouring of support from his com- as only then will be have accurate, practical Trades in 2000. His tenure was marked by his munity and country, quoted 19th century data to inform appropriate and expeditious aggressive representation of working men and French historian Alexis de Tocqueville: ‘‘Amer- regulation of them. women. His many accomplishments include

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2886 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 successfully pushing an effort to recruit minori- Voice of America’s Ukrainian Service has RECOGNIZING THE 225TH BIRTH- ties into area unions and his work in setting up been a steady source of unbiased information DAY ANNIVERSARY OF FORMER programs designed to prepare individuals for for Ukrainian citizens from the height of the PRESIDENT ZACHARY TAYLOR entry into an apprenticeship program. He also Cold War to the collapse of the Soviet Union. worked tirelessly to get members of labor reg- More recently, this service was a vital source HON. ERIC CANTOR istered to vote and elected to office. of commentary and analysis during the Or- OF VIRGINIA Jay’s love of service goes beyond his work ange Revolution in 2004, which saw the elec- IN THE HOUSE OF REPRESENTATIVES with his fellow tradesmen and women. Jay has tion of a pro-Western Ukrainian majority. Thursday, December 3, 2009 maintained a long career in public service and Thanks to the dedication of its staff, Voice has served on the Economic Development of America’s Ukrainian Service has played an Mr. CANTOR. Madam Speaker, I rise today Corporation of Decatur/Macon County, the important role in promoting United States di- to recognize the 225th birthday anniversary of City of Decatur Electrical Commission, and plomacy and democratic values to Ukraine. former President Zachary Taylor. President currently the Macon County Board as its chair- Millions of Ukrainians continue to benefit from Taylor was born in Orange County, Virginia, man. Jay has shown a dedication to our com- the service’s commitment to journalistic excel- on November 24, 1784, to a family with a munity that is second to none. lence. background in military service. His father, I wish Jay, his wife Cheryl and his family the Voice of America’s Ukrainian Service will Richard Taylor, fought in the Revolutionary best as Jay prepares to retire. celebrate its 60th Anniversary on December War, and Zachary followed in his footsteps in f 11, 2009 at Voice of America headquarters in 1808 as he started a military career of his Washington, D.C. own. Zachary Taylor was personally appointed HONORING THE LIBERTY HIGH Madam Speaker, I ask that my colleagues by his cousin James Madison to serve as a SCHOOL VARSITY first lieutenant in the War of 1812, and he led CHEERLEADING TEAM join me today in recognizing the Voice of America’s Ukrainian Service for reaching this many successful battles thereafter. milestone and commending the continued ef- Because of Zachary Taylor’s military accom- HON. SAM GRAVES forts of this service to aid in the full integration plishments, he achieved national recognition, OF MISSOURI of Ukraine into the Euro-Atlantic community of and won the Whig Party nomination for Presi- IN THE HOUSE OF REPRESENTATIVES democratic nations. dent in 1848. Subsequently, he became the twelfth President of the United States, joining Thursday, December 3, 2009 f the ranks of presidents born in Virginia. As Mr. GRAVES. Madam Speaker, I proudly President, Taylor implemented an effective for- rise to recognize the outstanding achievement HONORING THE LIFE AND SERVICE eign policy, especially in regards to forming a of the Liberty High School Varsity OF SHIRLEY LAI strong alliance with Great Britain. Cheerleading team in capturing their second Sadly, on July 4, 1850, after having served straight state championship. HON. MADELEINE Z. BORDALLO as President for only sixteen months, Zachary Once again, the Liberty Varsity Cheer- Taylor died unexpectedly. He served his coun- OF GUAM leaders were able to be crowned champions try well both in the military and political fields. this year through hard work and tireless effort. IN THE HOUSE OF REPRESENTATIVES In honor of President Taylor, the United States This is the second straight year in a row the Thursday, December 3, 2009 Mint will be placing a Zachary Taylor coin into Blue Jays have won the state competition and public circulation. Ms. BORDALLO. Madam Speaker, I rise the first time that Liberty High School has won Please join me in remembering the many today to commend Shirley Lai for her lifetime consecutive state championships. To accom- outstanding contributions of President Zachary of community service to the people of Guam. plish this feat was no easy task. The team Taylor. Shirley passed away on November 28, 2009. started training in April and worked vigorously f through each day of the summer. Shirley was born in a small village in Canton, Additionally, I want to recognize the excep- China on September 5, 1931 and later moved THE DISTRICT OF COLUMBIA tional leadership of coaches Brenda Moats, with her parents and four siblings to Hong OMNIBUS AUTHORIZATION ACT Daisy King, and Allison Kenealy. Through their Kong. vision and guidance, the Blue Jays were able Shirley and her husband, Kwong Choy Lai, HON. ELEANOR HOLMES NORTON and her eight young children, moved to Guam to repeatedly deliver solid results with great OF THE DISTRICT OF COLUMBIA in the late 1970s. Shirley started the Estimewa athleticism and finesse. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I respectfully request you Restaurant, one of Guam’s first restaurants Thursday, December 3, 2009 to join me in congratulating the Liberty High specializing in Chinese cuisine. In 1983, after School Varsity Cheerleading team on their renting a vacant barbershop in an old hotel in Ms. NORTON. Madam Speaker, the District state championship. Haga˚tn˜a, the capital of Guam, she opened her of Columbia Omnibus Authorization Act is a first coffee shop with only two employees. f welcome committee innovation designed to Shirley blended flavors of American, Chinese, achieve greater efficiency in handling local HONORING THE 60TH ANNIVER- Filipino and local Chamorro cuisine, and a District of Columbia matters, most of which SARY OF VOICE OF AMERICA’S short time later Shirley’s Coffee Shop quickly are of little importance or concern to Con- UKRAINIAN SERVICE grew from a nine table coffee shop into a gress, but must come to Congress because chain of six restaurants, four in Guam and two they are restricted by Federal statute and can- HON. JIM GERLACH in Saipan. not become D.C. law until approved by con- OF PENNSYLVANIA Throughout her life, Shirley continually gave gressional action. All of the provisions in this IN THE HOUSE OF REPRESENTATIVES back to her community. Just as she contrib- bill have been passed or approved by the Dis- uted much to the community of Guam, she trict of Columbia. Thursday, December 3, 2009 taught her children to be generous and that This bill contains several land-transfer provi- Mr. GERLACH. Madam Speaker, I rise success is best measured by the community’s sions. In an important effort to continue to bal- today to congratulate the Voice of America’s reciprocity in trust and respect. She and her ance the city’s growing need for land with the Ukrainian Service on its 60th Anniversary and family provided assistance to the American National Park Service’s (NPS’s) mission to to honor this organization for its commitment Red Cross, the Salvation Army, the Make-a- protect park land, we are encouraged by the to broadcasting accurate, balanced, and com- Wish Foundation as well as several sports NPS’s willingness to move forward with a few prehensive news and information to Ukraine. leagues for children. She also assisted in dis- small land transfers. The land transfers consist Founded in 1949, the Voice of America’s aster relief efforts during times of recovery in of six small, unused parcels of land scattered Ukrainian Service broadcasts two hours of tel- our region. throughout the city. Two of the parcels com- evision programming per week to approxi- Like many who knew her as a close friend plete a previous Federal transfer to allow the mately 4.7 million viewers in Ukraine. This and community leader, I will miss Shirley. My development of the southwest waterfront to service provides up-to-date information on thoughts and prayers are with her sons and move forward. The other four small land trans- international and American news, as well as their families; her daughter and husband; her fers, mainly parts of schools and libraries, in- feature stories about American life and social fifteen grandchildren; and her great grand- clude a portion of the Marie H. Reed Commu- trends. daughter. nity Learning Center in northwest Washington,

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2887 the old Meyer Elementary School site, the avoid disadvantage to the District in the sale HONORING DAVE WILSON Shaw Junior High School recreational fields, of its bonds because this tax-exempt status NURSERY and the southwest library site. Each of these will increase the demand for the District’s small parcels will allow the District to develop bonds and, lower the interest rates that the HON. GEORGE RADANOVICH play fields, encourage new development, and District bonds pays on its bonds. OF CALIFORNIA improve livability in the District of Columbia. IN THE HOUSE OF REPRESENTATIVES Section eight amends the D.C. Code to give Also transferred is full ownership to the Thursday, December 3, 2009 southwest waterfront, another important effort the D.C. courts necessary authority and flexi- in the continuing revitalization of undervalued bility to operate efficiently and effectively. First, Mr. RADANOVICH. Madam Speaker, I rise and underused areas, burdened by Federal section eight eliminates the District’s statutory today to commend and congratulate Dave Wil- ownership, which the Federal Government has requirement to hold judicial conferences on an son Nursery upon being named a ‘‘Legend of no interest in using. The District of Columbia annual basis. Given how accessible literature Agriculture’’ by the Ag Hall of Fame. Mr. Wil- has created a new vision for the southwest and information are through the internet, and son was honored on Thursday, November 12, waterfront that will draw visitors down 10th specifically from the D.C. courts’ websites, an- 2009 at the twelfth annual Ag Hall of Fame Street from the National Mall to the waterfront nual conferences are an unnecessary and Dinner in Turlock, California. area. However, for reasons largely forgotten time-consuming expense. This section simply Mr. Dave Wilson began his career working from the time of the original transfer of land to gives the D.C. courts the discretion to hold ju- at Kirkman Nursery, a prominent tree nursery. It was at Kirkman Nursery that Mr. Wilson had the District of Columbia from the NPS in 1960, dicial conferences either annually or biennially. the opportunity to grow and develop the original law restricts the use of the land In addition, this section gives the D.C. courts Junebudded orchard trees. After fourteen along the waterfront to lease-only arrange- authority to delay or toll judicial proceedings in ments, effectively cutting the city off from years, Mr. Wilson departed from Kirkman an emergency. The D.C. courts recognize the Nursery and established his own nursery in building any multi-use structures on the site need to prepare for a catastrophic event, such and driving down its useful value. The restric- 1938. During the late 1930s and early 1940s, as a terrorist attack or an act of nature. The he and his wife, Isabel, along with his wife’s tion on the land, allowing the District only to D.C. courts already have authority to conduct lease the land, cuts off the District from mov- sister and brother-in-law, Pearle and Walter sessions outside of the District if emergency Mann, operated Empire Nursery, a garden ing ahead with residential plans that are nec- conditions within the city prohibit normal oper- essary for badly needed taxpayer growth. Nei- center located east of Modesto, California. ations. However, in emergency situations, con- The nursery was renamed to Dave Wilson ther the NPS nor the Federal Government has ditions may impede the transfer of operations any interest in the waterfront land, nor does it Nursery in the early 1940s. At this time, Mr. to outside of the District for a period of time. have interest in the future of the southwest Wilson’s son-in-law, John Wynne, joined the In these situations, the D.C. courts must have waterfront parcels, other than the Maine family business. the authority to delay or toll proceedings. Simi- Mr. Wilson and Mr. Wynne grew commercial Lobsterman Memorial and the Titanic Memo- orchard trees in a partnership until the com- rial, which have been carved out of the trans- lar bills have been introduced here in Con- pany was incorporated in 1957. Mr. Wynne fer. gress regarding the Federal court system, and An issue integral to the southwest waterfront several States have enacted similar legisla- became president of the nursery in 1962 and development is the authorization to narrow the tion. Finally, this section will give the D.C. five years later purchased the new head- Washington Channel. This bill would narrow courts authority to offer voluntary separation quarters for the nursery along the Tuolumne the Washington Channel from its current 400 incentive payments or buyouts. These buyouts River east of Hickman, California, where the feet to 200 feet, allowing the District to build will allow the courts to respond to their future headquarters remains today. In the mid 1960s, new piers out into the Washington Channel, to administrative and budget needs. Currently, the nursery established a sales and distribu- repair existing piers, and to facilitate the rede- Federal agencies and the Federal courts have tion facility in Hughson, California. In 1966, velopment of water-based activities on the wa- the authority to offer buyouts. Dave Wilson Nursery introduced the first tree fruit varieties developed by Floyd Zaiger, and terfront. The Army Corps of Engineers is sup- Section nine of our bill makes minor portive of the change, but cannot make this the nursery remains the primary propagator changes to the District’s Home Rule Charter. and exclusive licensor of Mr. Zaiger varieties, change administratively, and the Coast Guard This section would permit an increase to the has indicated that there are no safety con- with annual sales of over a million trees of salary of the District’s Chief Financial Officer, patented varieties and rootstocks. In 1986 the cerns in the proposed changes. CFO, currently set at level I of the Executive In addition to the land transfers, the bill sales and distribution facility was relocated to makes several small, noncontroversial statu- Schedule. The charter mandates that the Dis- the nursery’s growing grounds in Hickman to tory changes that also are of no importance to trict’s CFO ‘‘shall be paid at an annual rate better facilitate management of the operation. the Federal Government, but will help the Dis- equal to the rate of basic pay payable for level In 1979, an office, test orchard and sales yard trict run more smoothly and effectively. For in- I of the Executive Schedule’’. The current law was established in Selma, California, which stance, section two of the bill would eliminate does not allow deviations either below or was later relocated to Reedley, California in the unnecessary restriction on the sale and above that level. The District must have the 1995. advertising of lottery tickets in the ‘‘federal en- authority to offer a higher annual salary to Madam Speaker, I rise today to commend clave’’ and in the Shipstead Luce area, which allow the District to compete with other juris- and congratulate Dave Wilson Nursery upon both include areas of downtown D.C. The cur- dictions to hire and retain the most qualified being named as a ‘‘Legends of Agriculture.’’ I rent prohibition has a tremendous fiscal impact CFO. This section also reduced the timing for invite my colleagues to join me in wishing on the District and on private businesses. special elections for ward council members in Dave Wilson Nursery many years of continued Section three of the bill will allow the District the District from 114 days to 70 days to re- success. to spend unanticipated local revenue that duce the lapse in local representation, which f comes in after the District has submitted its is necessary and important to the citizens of CONGRESSIONAL COMMENDATION budget to Congress, and will give the District the District. Current law already permits ap- FOR THE LIFE OF ISIAH JESSIE authority to take money out of its cash reserve pointments for vacancies in the office of the WILLIAMS, III fund for cash-flow management, not to exceed Mayor, city council chair, and at-large council 50 percent of the balance of the fund. Con- seats. This provision simply fills a necessary HON. CORRINE BROWN gress has approved these measures in the gap. Further, this section would amend the OF FLORIDA past, and this legislation simply seeks to make Home Rule Charter to allow the District to IN THE HOUSE OF REPRESENTATIVES them permanent. spend from its contingency reserve and emer- Section seven would exempt bonds issued Thursday, December 3, 2009 gency reserve funds when they exceed the by the District of Columbia from Federal, state, minimum required balance as set by the char- Ms. CORRINE BROWN of Florida. Madam and local taxation. Currently, tax-exempt ter. The District will continue to be required to Speaker, this communication is forwarded on bonds issued by the District of Columbia are behalf of the constituents of the Third Con- replenish the funds if they fall below the min- exempt from taxation only by the District and gressional District of Florida and myself as we imum required balances. by the Federal Government. In contrast, bonds pay tribute to the life of Isiah Jessie ‘‘Ike’’ Wil- issued by Puerto Rico, Guam, and the Virgin We ask that the House pass this bill in a bi- liams, III. Islands are exempt from taxation by each of partisan manner, as it always has done for the We are deeply and profoundly saddened by the 50 States. This change is necessary to D.C. omnibus authorization bills. the loss of our dear friend, mentor and brother

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2888 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 ‘‘Ike’’ Williams. This man of great stature and depression care. This concept is based on HONORING ARTHUR GOLDEN bearing was the epitome of a gentleman and work done informally by 16 academic research a scholar. We were moved by his passion, institutions across the Nation that have joined HON. CHRIS VAN HOLLEN emboldened by his commitments, honored by together to create a network of depression OF MARYLAND his friendship and made all the better by his centers that take academic research and IN THE HOUSE OF REPRESENTATIVES innate wisdom and his belief in the integrity of translate it into practice, standardize diag- the human experience. His was a purposeful noses, treat early and more effectively, and Thursday, December 3, 2009 life and one that helped shape the destinies of prevent recurrences of depression and bipolar Mr. VAN HOLLEN. Madam Speaker, I rise historical figures with whom he conversed, disorders, as well as eradicate the stigma as- today to recognize the outstanding achieve- and equally so that of the common man and sociated with these diseases. These centers ments of Arthur Golden of Longboat Key, Flor- woman, in whom he placed unwavering faith. will develop and disseminate evidence-based ida, whose family members are my constitu- We came to know him as a dedicated servant treatment standards, clinical guidelines, and ents. Mr. Golden was born in October 1923, to his people and just causes, a scholar and protocols to improve accurate and timely diag- and is the second child of Russian Jewish im- historian without comparison. We were as- nosis of depression and bipolar disorders. migrants. His parents taught him to value free- sured for we came to know the absoluteness I look forward to working with my colleagues dom and emphasized the important role each of his word, the sanctity of his promise, the to ensure the passage of this critical legisla- individual has in ensuring freedom and equal- depth of his intellect, the breadth of his worldly tion. ity for all. experiences, his place in history, and of his f After graduating from City College of New true love for his wife, his family and his York, Mr. Golden married and enlisted in the friends. CELEBRATING THE ACHIEVE- Army. During World War II, he fought on the We come now to remember the man, the MENTS OF JERRY EDISON front lines in France and stood stoically in the Korean War Veteran, the lawyer, the educator, HOCKADAY streets of Marseilles as the American soldiers the editor and publisher and most preciously were honored on VE Day. When he returned we come to remember our friend. We are HON. BOB ETHERIDGE from war, Mr. Golden entered the workforce poised to remember him as repository of our OF NORTH CAROLINA as an accountant to take care of his extended histories—spoken, written and shared. His IN THE HOUSE OF REPRESENTATIVES family and shortly thereafter began his lifelong was the force of change through direct action, Thursday, December 3, 2009 career and dedication to civil liberties. He vol- intervention, education and by challenging the unteered his time with the Southern Christian very fabric of society. By his very being we Mr. ETHERIDGE. Madam Speaker, I rise Leadership Conference and with Dr. Martin were blessed; and in this moment in our col- today to congratulate Deputy Fire Chief Jerry Luther King, Jr. Mr. Golden and his wife were lective memories, we pray for the family and Edison Hockaday on the eve of his retirement actively involved in the fight for equal oppor- find solace in the knowledge that ‘‘Ike’’ has after 50 years with the Angier and Black River tunity housing projects and exposing landlords found that eternal peace in the embrace of his Fire Department in Angier, North Carolina. who refused to rent to African Americans and Heavenly Father. Mr. Hockaday was born on May 28, 1941 minorities. They were honored to have Dr. and joined the Angier and Black river fire De- f King visit their home and become friends with partment on January 1, 1960 when he was the family. When Dr. King was murdered, Mr. INTRODUCTION OF THE ENHANCED just 20 years old. He quickly rose through the Golden immediately flew to Atlanta to be with ACT ranks and has been the Deputy Fire Chief for Mrs. King and to assist with her financial mat- the last ten years. In his 50 years with the ters. HON. PATRICK J. KENNEDY Angier and Black Fire Department, he has re- After Mr. Golden retired, he and his wife OF RHODE ISLAND sponded to fires, auto accidents, hurricanes, moved to Florida and continued their commit- IN THE HOUSE OF REPRESENTATIVES tornadoes, floods, electrical storms and other ment to the civil rights struggle, discovering in- various rescue situations. He has shared his Thursday, December 3, 2009 justices in the Jamie Poe Housing Project in knowledge with young firefighters, many of Sarasota. They formed a committee and Mr. KENNEDY. Madam Speaker, depres- whom have continued on to become officers fought for the residents to keep their homes. sion and bipolar disorders affect one in five with the department or other professionals Mr. Golden’s children are extremely proud people and are the leading cause of disability with the fire service. Jerry is a tireless servant of him and remember being taken to countless among individuals between the ages of 15 and of the community and the Angier and Black civil rights meetings, demonstrations, marches, 44 in the United States. The economic burden River Fire District has been fortunate to have protests, and community events. His family of depression is estimated at $83.1 billion him. was touched when upon Barack Obama’s each year. With medication, psychotherapy, or I know how important it is to have fire- election, tears flowed from a man who rarely combined treatment, most people with mood fighters ready for action with the training and shows emotion. disorders can be effectively treated and re- resources they need. The Angier and Black Mr. Golden, an eighty-six-year-old World sume productive lives. Yet, one-third of those River Fire Department is part of a vast net- War II veteran and lifelong civil rights fighter, suffering from depression—nearly five million work of fire officers and other public safety has been an inspiration to his family, his com- Americans—do not receive the necessary personnel who devote their lives to protecting munity, and his Nation. His lifelong dedication treatment. their communities and responding to crisis sit- to standing up for others in need and fighting For these reasons, I am proud to introduce uations. When a person dials 9–1–1 in an for civil liberties is a legacy that is being car- the Establishing a Network of Health-Advanc- emergency, the phone doesn’t ring in Wash- ried on today by his children, grandchildren, ing National Centers of Excellence for Depres- ington, D.C., it rings right here in our commu- and countless others influenced by his exam- sion Act of 2009 (the ENHANCED Act) with nity. I served on the House Committee on ple. my colleague, Representative TIM MURPHY Homeland Security from its inception until this Madam Speaker, I am honored to recognize (R–PA). This legislation would establish na- past year, and one of my highest priorities on the lifetime achievements of Arthur Golden tional centers of excellence for the treatment the committee was to make sure the Depart- and the contributions he has made to our Na- of depressive and bipolar disorders. Currently, ment of Homeland Security works as closely tion and our community. clinicians lack universally accepted multi-dis- as possible with local emergency management f ciplinary approaches and real-time clinical and officials and first responders. The responsi- care management guidelines they need. As a bility of the Federal government must be to HONORING JACK WILLIAM result, about 50 percent of the time the diag- protect the American people, and a large part WAGNER noses of depression and bipolar are missed. of that is supporting local fire departments in Better diagnostic approaches are needed in their work. HON. DALE E. KILDEE primary care, other medical settings, and men- The job of a fireman is not easy, and Jerry OF MICHIGAN tal health programs. risked his life everyday for his neighbors and IN THE HOUSE OF REPRESENTATIVES To combat this, the ENHANCED Act would his community. He is a true American hero. I create a national network with a pathway for am proud to have Jerry in my community, and Thursday, December 3, 2009 developing and expanding up to 30 depres- I ask my colleagues to join in congratulating Mr. KILDEE. Madam Speaker, it is with sion centers of excellence to increase access his bravery and half a decade of diligent serv- great sadness that I rise today to pay tribute to the most appropriate and evidence-based ice. to the late Jack William Wagner. Jack passed

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2889 away on November 30th at the age of 85. His cols to achieve this goal. We believe that, with and commitment to human rights. The issue funeral is tomorrow in Mt. Morris, Michigan. the continuing support of the United States was the very core of his beliefs and his elo- Jack Wagner was a veteran of the U.S. and the international community, these proto- quent voice became this chamber’s con- Navy, serving in World War II aboard the de- cols will provide a new impetus for the solution science on many international issues. stroyer USS Sampson. When the war ended of other conflicts in the South Caucasus re- Few in today’s world can match Tom Lan- he returned to the Flint area and began work- gion. tos’ commitment and achievements in the ing for General Motors. He was active in the Many of our colleagues appreciate the cause of human rights, but if there were such United Auto Workers throughout his career. growing importance of our strategic relation- a person, it would be Dr. Irene Khan, who in Elected by his peers, Jack served as Presi- ship with Turkey which was described by 2001 became the first woman, the first Asian, dent of Buick Local 599 before becoming the President Obama during his visit to Turkey in the first Bangladeshi and the first Muslim to International Representative for UAW Region April as a ‘‘Model Partnership.’’ We are heart- hold the position of Secretary General of Am- 1–C, and Assistant Regional Director of Re- ened by the fact that the Turkey Caucus, nesty International. gion 1–C. He was the National Chairman of which began over 8 years ago, now numbers Dr. Khan’s caring about human rights vic- the 30 and Out Committee that became part one hundred members. tims and the poor dates back to her native of the 1970 National Agreement and continued The growth of the Turkey Caucus is a testa- Bangladesh’s early struggle for independence, to serve as Honorary Chairman of the 30 and ment to the importance that members of Con- as she witnessed widespread poverty and Out Committee. gress place on U.S.-Turkish relations and a multiple threats to human dignity. It has been Mourning his passing are his two sons, recognition of the longstanding partnership be- a combination of her personal outreach to Bryan and Jack, his step daughter, Susan tween our two nations. Again, we welcome human rights victims and case studies from Norling, his sisters, Miriam Routely and Verda Prime Minister Erdog˘an to Washington, and around the world, combined with her profes- Mello, several grandchildren and great grand- believe that his discussions with President sional involvement in U.N. Organizations, that children, friends including Don Spillman, and Obama and the Administration will only serve led to her being selected to head Amnesty several nieces and nephews. He was pre- to strengthen the U.S.-Turkish partnership as International. ceded in death by his wife, Dorothy, his son, we face difficult global challenges. In her recently published book, The Un- Gary, and his sister, Mildred Burgoyne. f heard Truth, Dr. Khan describes the divergent Madam Speaker, I ask the House of Rep- tracks of a fellow Bangladeshi who was born resentatives to join me in remembering the life OUR UNCONSCIONABLE NATIONAL in the same household and she grew up with, and work of Jack William Wagner. He was a DEBT and while Khan went on to be a successful committed, passionate advocate for working lawyer, her friend, Fajal, suffered a lifetime of men and women; a devoted family man and a HON. MIKE COFFMAN violence and unemployment, and is now dis- good friend. I will miss his wisdom, his insight, OF COLORADO abled, living in a shack in one of Dhaka’s and his enthusiasm. My condolences go out to IN THE HOUSE OF REPRESENTATIVES sprawling slums, surviving on handouts. his family and friends at this sad time. For Dr. Khan, this is a grim reminder of how Thursday, December 3, 2009 f people remain hopelessly trapped in poverty, Mr. COFFMAN of Colorado. Madam Speak- often due to circumstances beyond economic STATEMENT OF THE CO-CHAIRS er, this morning our national debt was conditions but rather the result of political re- OF THE CONGRESSIONAL CAU- $12,090,825,003,370.26. We have increased pression, famine, war, or simply the insecurity CUS ON U.S.-TURKISH RELA- the national debt $1,598,537,727.69 since just and fear inherent in their local surroundings. TIONS AND TURKISH AMERICANS yesterday. In her book, Dr. Khan reveals a more acute On January 6, 2009, the start of the 111th understanding of the forces that bring about HON. ROBERT WEXLER Congress, the national debt was human rights abuses. Poverty, she argues, is OF FLORIDA $10,638,425,746,293.80. more than the lack of material resources, it is IN THE HOUSE OF REPRESENTATIVES This means the national debt has increased all about fighting deprivation, exclusion, inse- by $1,452,399,257,076.46 so far this year. Thursday, December 3, 2009 curity and powerlessness. According to the non-partisan Congressional As the numbers of people living in poverty Mr. WEXLER. Madam Speaker, Ms. GRANG- Budget Office, the forecast deficit for this year swell to upwards of 2 billion, she argues that ER, Mr. WHITFIELD and myself, as Co-Chairs of is $1.6 trillion. That means that so far this poverty is the world’s worst human rights cri- the Congressional Caucus on U.S.-Turkish year, we borrowed and spent $4.4 billion a sis. By raising the issue of rights, Dr. Zhan is Relations and Turkish Americans, Turkey Cau- day more than we have collected, passing that not pointing fingers but providing a formula for cus, want to welcome Turkish Prime Minister debt and its interest payments to our children sustainable and equitable solutions, and giving Recep Tayyip Erdog˘an to the United States. and all future Americans. people the means to change the power imbal- We believe the Prime Minister’s visit reaffirms f ance that keeps them in poverty. the longstanding strategic partnership between To achieve Tom Lantos’ vision of the ban- TRIBUTE TO DR. IRENE KHAN the United States and Turkey, and is a unique ner of human rights waving ‘‘over every corner opportunity to enhance and foster economic, of the world,’’ I recommend that international political, and security relations. HON. DENNIS J. KUCINICH leaders adhere to Dr. Khan’s compelling mes- As many of our Congressional colleagues OF OHIO sage on the need to empower the world’s poor know, our NATO ally Turkey valiantly stood IN THE HOUSE OF REPRESENTATIVES with the basic economic, social, political, and shoulder-to-shoulder with the United States Thursday, December 3, 2009 legal rights to assure them a strong voice in and European partners throughout the Cold shaping their own future. Mr. KUCINICH. Madam Speaker, the War. Over the past 20 years, Turkey has been f integral to American and NATO efforts in the Obama Administration, in forging a new for- Balkans and has worked to enhance peace eign policy that is more humane and less an- RECOGNIZING THE STATE CHAM- and stability in Central Asia and the Middle tagonistic towards other nations, would do well PIONSHIP OF RICHMOND, VIR- East. Turkey has also played a critical leader- to follow the lead of the late Tom Lantos, who GINIA’S COLLEGIATE HIGH ship role along with America and the inter- dedicated his life to the cause of human SCHOOL FOOTBALL TEAM national community in both Afghanistan and rights, an issue that has now become his leg- Iraq. We are hopeful that Turkey will continue acy. Indeed, it is rare for the House to name HON. ERIC CANTOR to play a leading role alongside the United an entity after one of its own, but the Tom OF VIRGINIA States, P5+1 partners and the international Lantos Human Rights Commission, chaired by IN THE HOUSE OF REPRESENTATIVES community with respect to Iran’s nuclear pro- our colleague Jim MCGOVERN, can rightly gram. claim that distinction. Thursday, December 3, 2009 We also want to highlight and praise the Throughout his public career, Tom Lantos Mr. CANTOR. Madam Speaker, I rise today historic steps recently taken by Prime Minister and his wife, Annette, maintained a deep and to congratulate my Alma Mater, the Collegiate Erdog˘an and his government to normalize Tur- enduring commitment to human rights. Among High School Football team on winning the key’s relations with its neighbor Armenia. With the members of this chamber, Tom Lantos 2009 Virginia Independent Schools Division I the support of the United States, both coun- was widely respected across the political State championship. Led by Coach Mark tries on October 10, 2009 signed two proto- spectrum for his knowledge of foreign policy Palyo, the Cougars compiled an impressive

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2890 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 10-1 record culminating in a 48-28 win over INTRODUCTION OF THE PATIENT health care reform, it must challenge the PBM the Liberty Christian Academy Bulldogs in the HEALTH AND REAL MEDICATION model that has emerged over the past few Championship Game on November 21, 2009. ACCESS COST SAVINGS ACT OF years with new models that contain costs and The Collegiate Cougars were successful in 2009 improve efficiency and transparency. defending their state title which they have PCMA successfully lobbied Congress from been awarded five out of their last seven sea- HON. G. K. BUTTERFIELD 2001–2003 to allow PBMs to manage the sons. I join the Richmond community, family OF NORTH CAROLINA massive new Medicare Part D drug delivery and friends in proud recognition of the Colle- IN THE HOUSE OF REPRESENTATIVES program. As a result of the industry’s ex- giate High School Football team’s fantastic Thursday, December 3, 2009 panded market power, PBMs are now using achievement and undoubtedly bright future. new tactics to divert patients into higher-cost Mr. BUTTERFIELD. Madam Speaker, pre- services, and to divert taxpayer savings into I commend the Cougars on their successful scription drugs are among the most expensive higher PBM profits. These practices represent season and ask you to join me in celebrating components of the American health care sys- a significant abuse of taxpayers and patients their victory. tem. Unfortunately, the system for delivering in the health care system. PBMs should be drugs that has emerged since Congress cre- held accountable to taxpayers. No other pro- f ated the Medicare Part D prescription drug viders in the health care sector are allowed to THE HONOR FLAG benefit program continues to needlessly drive up these costs for taxpayers and consumers. conduct business like PBMs. Failing on the promises to deliver prescrip- With regards to patient data, pharmacists HON. TED POE tion drugs more efficiently, effectively or at have complained for years to regulators that PBMs violate patient privacy laws by using OF TEXAS lower costs, pharmacy benefit managers, or PBMs, are reducing consumer choice and their prescription data to push new products IN THE HOUSE OF REPRESENTATIVES adding billions of dollars in costs for govern- and steer patients to pharmacies owned by Thursday, December 3, 2009 ment and private health care plans. the PBMs. By comparison, physicians who As a result, today I will introduce the ‘‘Pa- ‘‘self-refer’’ to facilities they own face very seri- Mr. POE of Texas. Madam Speaker, the tient Health and Real Medication Access Cost ous legal liabilities. In addition, there is a con- American Flag always brings our Nation to- Savings Act of 2009’’ to ensure cost savings, cern that pharmacy benefit managers routinely gether in good or bad times. Shortly after the accountability and transparency. The bill will sell patient drug histories to drug companies tragic September 11, 2001 attacks on our ensure that taxpayers, providers and patients without the knowledge of patients, doctors or great Country, Americans all over the world can escape the mandates, secret pricing plan sponsors. raised up ‘old glory’ in patriotic understanding schemes, and marginal savings provided by According to the Association of Community of the events which had just befallen our PBMs in favor of an improved pharmacy Pharmacists (ACP), patients receive letters country. One of these many flags was the model that guarantees choice, transparency every day from PBMs that use the confidential symbol of our nation’s perseverance, humbly and measurable savings. patient data pharmacies must collect to force flown over Ground Zero. This flag continues to Madam Speaker, nearly 60 large employers them to move to pharmacies the PBMs own. fly today all around this great Nation in sup- that collectively spend $4.9 billion for prescrip- ACP has collected thousands of petitions from port of our heroes, because of Texas Patriot tion drugs recently dropped or forced PBMs to patients who are asking Congress to stop this Chris Heisler. disclose their costs. The University of Michi- abuse of patient confidentiality. ACP has also In the wake of September 11th, Chris gan started the trend in 2005, and reported an collected actual letters to patients from PBMs Heisler, felt compelled to take action after wit- annual savings of $2.5 million when it dropped that threaten to cut off pharmacy benefit cov- nessing his country come under attack. Chris its PBM in favor of direct purchases. Officials erage unless the patients fill their prescriptions was instrumental in organizing one of the at the University of Michigan are on record as at PBM-owned pharmacies. longest police motorcades in the history of the saying that most of its derived savings came In fact, PBMs have merged with pharmacy United States; carrying a flag that was gifted from eliminating fees from its former pharmacy chains to accommodate this new marketing to him by the Texas House of Representatives benefit manager and from using the claims model, which relies on monopolization of drug he set out for Ground Zero. The American flag data to help school officials better negotiate care for patients in plans that are administered is a symbol to revere, respect, and honor and prescription drug prices. by the PBM. For example, CVS purchased the Additionally, companies like Caterpillar are Chris’ profound respect for America’s symbol Caremark PBM company as soon as Con- leading the trend away from the PBM model. should be commended. gress passed the Medicare Part D program, According to a recent report in CFO.com, Cat- Following the 9/11 terrorist attacks, patriot- which directs virtually all pharmacy services to erpillar’s pharmacy benefit manager indicated ism surged in the United States. Many new re- go through PBMs. CVS/Caremark now man- that the company ‘‘found that there was a cruits enlisted to help fight the war on ter- dates that all patients in its system use CVS great deal of waste inherent in a system that rorism. Chris Heisler was part of this move- exclusively to fill any prescriptions not mailed ment, and at the age of 34 he put his busi- uses PBMs as middle men.’’ This information led the House Committee by Caremark. Patients who opt out, even if ness career on hold to enlist in the U.S. Army. on Oversight and Government Reform’s Sub- they are not near a CVS store, must pay 100 While serving his country, Chris carried his re- committee on Federal Workforce, Postal Serv- percent of their prescription costs regardless vered flag with him to Kuwait, Qatar, and Iraq ice, and the District of Columbia to hold a of how much they have paid in premiums for so it could fly with soldiers in combat zones. hearing on June 24, 2009 to assess the value drug coverage. As a result, CVS now fills one Soon soldiers would refer to this flag as one PBMs are providing to the Federal Employees of every seven prescriptions in the U.S. of honor, and the flag is now named the Health Benefits Program (FEHBP). At that PBMs also use predatory practices to steer United States Honor Flag. The United States hearing, the subcommittee chairman indicated, patients away from competing pharmacies and Honor Flag continues to pay tribute to those ‘‘federal employee plans pay substantially into mail-only prescription drug services. For who have lost their lives in the line of duty more for drugs than other agency programs, example, PBMs allow patients to obtain 90- protecting the freedoms we all hold dear. including those run by the departments of Vet- day prescriptions—usually at big discounts— Chris Heisler’s patriotism is a lesson for us all. erans Affairs and Defense, and Medicare, from their mail-order services. While this can Madam Speaker, betterment in our country Medicaid and the Public Health Service.’’ be a bargain for patients, the retail pharmacies often originates from the efforts of just one Mark Merritt, who represents PBMs as where patients may prefer to fill their prescrip- person. The establishment of the Honor Flag president of the Pharmaceutical Care Manage- tions are prohibited from offering the same serves as an important reminder of the daily ment Association (PCMA), told the sub-com- terms to the patient. sacrifices our Nations heroes make, and rec- mittee that PBMs contributed to an annual re- Coupled with the lack of enforcement action ognizes the freedoms of Old Glory. In recogni- duction in drug spending by the FEHBP of 3– by the Federal Trade Commission, these PBM tion of Chris Heisler’s patriotism, in remem- 9 percent. At the same hearing, however, Of- tactics are combined with a practice of sys- brance of the tragic events on September 11, fice of Personnel Management (OPM) Inspec- tematic underpayment to any pharmacy that 2001 and for those who continue to fight to tor General Patrick McFarland testified that the provides services to a patient whose drug preserve our liberty, I am proud to salute Chris PBM contracts with FEHBP make auditing benefit is managed by a PBM. The Associa- Heisler for his loyalty to America, and to the them ‘‘almost insurmountable.’’ tion of Community Pharmacists has collected United States Flag. There is no question that if Congress is to thousands of examples from pharmacies And that’s just the way it is. produce large savings as part of its efforts on across the country that clearly demonstrate

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2891 that PBMs are refusing to reimburse any phar- drug benefits program. Under its plan, generic Rollcall vote No. 904: S. 1599; Reserve Offi- macy for its actual cost of a drug if the phar- utilization has already increased, and the state cers Association Modernization Act of 2009. macy is competing with the PBM to serve the projects annual utilization to reach nearly 75% Rollcall vote No. 905: H.R. 2781: To Amend patient. This is despite the fact that the phar- in the first year. The North Carolina model the Wild and Scenic Rivers Act to Designate macies are required under Medicare and other proves that when retail pharmacies manage Segments of the Molalla River in Oregon, As federal programs to submit all costs they incur the drug benefits for plans, generic utilization Components of the National Wild and Scenic for the programs to the PBMs for reimburse- increases even more. I am proud of what has Rivers System, and for Other Purposes. ment. Today, these tactics are being used to been accomplished in my state, and can only Rollcall vote No. 906: H. Con Res. 212: Ex- consolidate market power and destroy com- hope that Congress will choose to focus on pressing the Sense of Congress on the Occa- petition. The result is higher prices for tax- this issue so that all Americans can reap the sion of the 20th Anniversary of Historic Events payers and consumers. benefits and savings from a similar approach in Central and Eastern Europe, Particularly the An additional concern for Congress, tax- at the federal level. Velvet Revolution in Czechoslovakia, and Re- payers and consumers is the complete lack of f affirming the Bonds of Friendship and Co- information about the actual prices PBMs pay operation Between the United States and the for drugs. As a result, we have no way of PERSONAL EXPLANATION Slovak and Czech Republics. knowing just how much PBMs profit from un- Rollcall vote No. 907: Table the Appeal of derpayments to pharmacies. I am also sure HON. HENRY E. BROWN, JR. the Ruling of the Chair on the Motion to Re- that many of my colleagues here are unaware OF SOUTH CAROLINA commit H.R. 3961: Medicare Physician Pay- that PBMs require pharmacies filling prescrip- IN THE HOUSE OF REPRESENTATIVES ment Reform Act of 2009. tions under their plans to sign non-disclosure Thursday, December 3, 2009 Rollcall vote No. 908: Motion to Recommit agreements that cover drug prices. This in- H.R. 3961: Medicare Physician Payment Re- Mr. BROWN of South Carolina. Madam cludes pharmacies that must deal with PBMs form Act of 2009. Speaker, due to an illness, I was absent for through Medicare and other government pro- Rollcall vote No. 909: H.R. 3961: Medicare votes on November 16, 17, 18 and 19. Please grams. Physician Payment Reform Act of 2009. see a list of votes I missed. The role of the PBM has evolved in a rel- Rollcall vote No. 910: H.R. 1834: Native Rollcall vote No. 889: S. 1314: To Des- atively short period of time. PBMs emerged American Business Development Enhance- ignate the Facility of the United States Postal during the advent of managed care as phar- ment Act of 2009. Service Located at 630 Northeast Killingsworth macy benefit administrators. Their role was to f Avenue in Portland, Oregon, As the ‘‘Dr. Mar- help large plans simply process drug benefit tin Luther King, Jr. Post Office.’’ INTRODUCTION OF A RESOLUTION claims. The companies evolved into pharmacy Rollcall vote No. 890: H.R. 3539: To Des- COMMEMORATING THE WORLD benefit ‘‘managers’’ when they reached a ignate the Facility of the United States Postal MARCH FOR PEACE AND NON- scale large enough to steer volume sales for Service Located at 427 Harrison Avenue in VIOLENCE drug manufacturers. Harrison, New Jersey, As the ‘‘Patricia D. Today, PBMs have tremendous and ques- Mcginty-Juhl Post Office Building.’’ tionable impact on the rising costs in the cur- HON. JOHN LEWIS Rollcall vote No. 891: H.R. 3767: To Des- OF GEORGIA rent drug program. Community pharmacies ignate the Facility of the United States Postal IN THE HOUSE OF REPRESENTATIVES purchase drugs from wholesalers to fill pre- Service Located at 170 North Main Street in Thursday, December 3, 2009 scriptions, and submit reimbursement forms to Smithfield, Utah, As the ‘‘W. Hazen Hillyard the PBMs for any patients covered by the Post Office Building.’’ Mr. LEWIS of Georgia. Madam Speaker, I PBM plan. Rollcall vote No. 892: H.R. 3360: Cruise rise to introduce a resolution commending the PBMs that own their own pharmacies or Vessel Security and Safety Act: H.R. 3360. participants and organizers of the inaugural mail programs simply pay the pharmacies Rollcall vote No. 893: H. Res. 841: Express- World Peace March. below their actual acquisition cost for the ing Support for Designation of November 29, Dr. Martin Luther King, Jr. famously said, drugs and pocket the difference. This provides 2009, As ‘‘Drive Safer Sunday.’’ ‘‘Non-violence is the greatest force at the dis- two benefits to the PBMs. First, they make big Rollcall vote No. 894: On Approving the posal of mankind. It is mightier than the profits on the spread between the low reim- Journal. mightiest weapon of destruction devised by bursement they pay for the medication and the Rollcall vote No. 895: H. Res. 891: Express- the ingenuity of man.’’ inflated price they charge the program. Sec- ing the Gratitude of the House of Representa- The idea for this march was developed dur- ond, it drives the competing pharmacies out of tives for the Service to Our Nation of the ing the Symposium of the World Center for business, which allows further market share Coast Guard and Marine Corps Aircraft Pilots Humanist Studies in Punta de Vacas, Argen- gains and increased pricing power. and Crewmembers Lost Off the Coast of Cali- tina. The result is a 90-day global voyage to More recently, the PBMs have developed an fornia on October 29, 2009. raise awareness about the importance of additional revenue stream. When Congress Rollcall vote No. 896: H. Con. Res. 214: peace and nonviolence. More than 100 partici- passed the Medicare Part D program, large Providing for a Conditional Adjournment of the pants will visit 45 countries encouraging a pharmacy chains realized the value of merging Two Houses. global movement towards peace. with PBMs. The merged companies now con- Rollcall vote No. 897: Previous Question on On the 140th anniversary of Mahatma K. trol huge shares of the prescription drug mar- H.R. 3791, Fire Grants Reauthorization Act of Gandhi’s birth, the World March for Peace and ket, and use this control to extract fees from 2009. Non-Violence began in Wellington, New Zea- competing pharmacy retailers that service Rollcall vote No. 898: Rule for H.R. 3791, land. The participants have since traveled Part-D patients. Fire Grants Reauthorization Act of 2009. across Asia, Europe, and Africa, through many In short, Madam Speaker, PBMs have sim- Rollcall vote No. 899: Perlmutter of Colo- countries in opposition to militarism, war, and ply placed themselves in the middle of the rado Amendment to H.R. 3791. violence. Upon arriving in the United States, drug supply chain between manufacturers or Rollcall vote No. 900: Flake of Arizona the teams divided to travel across the country wholesalers and retailers without any proof Amendment to H.R. 3791. and to Canada before beginning the final leg that they add value. The ‘‘Patient Health and Rollcall vote No. 901: H.R. 3791: Fire of their journey through Central and South Real Medication Access Cost Savings Act of Grants Reauthorization Act of 2009. America en route to Argentina. 2009’’ will help end these abuses by requiring Rollcall vote No. 902: Previous Question on I applaud the participants for their commit- transparency. It will also ensure that lower- H.R. 2781 to Amend the Wild and Scenic Riv- ment to nonviolence and their determination to cost generic medications are prescribed when ers Act to Designate Segments of the Molalla follow in the footsteps of Gandhi and Dr. King. appropriate whenever taxpayers are paying River in Oregon, As Components of the Na- Earlier this year, I led a congressional delega- the bill. Most important, the bill will make sure tional Wild and Scenic Rivers System, and for tion to India to commemorate the 50th anni- that Congress and the taxpayers we serve can Other Purposes. versary of Dr. and Mrs. King’s pilgrimage. actually measure the savings they have been Rollcall vote No. 903: Rule for H.R. 2781 to Upon return, I introduced H.R. 3328, the Gan- promised. Amend the Wild and Scenic Rivers Act to dhi-King Scholarly Exchange Initiative Act of In closing, Madam Speaker, let me say that Designate Segments of the Molalla River in 2009, a bill to establish initiatives through the my home state of North Carolina is a model Oregon, As Components of the National Wild U.S. State Department and the U.S. Institute for how to achieve savings by moving away and Scenic Rivers System, and for Other Pur- of Peace to rededicate our nation and educate from the PBM model in its state administered poses. our future leaders about the power of peace.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2892 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 Madam Speaker, I have dedicated my life to help others shown by the Waxhaw Elementary There is broad consensus that the current Gandhi’s words, ‘‘Nonviolence is a weapon of family. Students not only contributed to the Medicare formula for reimbursing physicians, the strong.’’ Nonviolence was the foundation food drive, but were able to experience the re- the Sustainable Growth Rate (SGR), is fun- of the Civil Rights and Quit India movement. ward that comes with helping others. What damentally flawed. This formula would be I hope that all of my colleagues will appreciate better lesson can we teach our young people, eliminated by this bill and replaced with a bet- the value of nonviolence as a means to especially during the holiday season? ter structure for Medicare physician payments. achieving both domestic and global peace. I Madam Speaker, I am honored to say that Without this necessary action, doctors’ pay- hope they will join me in support of this very I represent Waxhaw Elementary School. In a ments would be cut 21 percent in 2010, forc- simple resolution. day and age where people tend to think only ing many doctors to stop accepting Medicare f of themselves, here is a shining example of a patients and undermining the ability of millions ´ group of young people who have reached out of Medicare beneficiaries to get the care they DARIO SILVA-SILVA: A GREAT to make their community a better place by need to stay healthy. I am pleased that this COMMUNITY LEADER helping the less fortunate. I hope that this new formula would compensate physicians wonderful effort will continue at Waxhaw Ele- fairly for their services to seniors. HON. ILEANA ROS-LEHTINEN mentary for many years to come. As a U.S. Representative and the spouse of OF FLORIDA f a physician, I have heard from many physi- IN THE HOUSE OF REPRESENTATIVES cians, nurses, and other health care providers HONORING MR. STEPHEN frustrated with the annual ritual of preventing Thursday, December 3, 2009 HODGKINS major Medicare physician payment cuts. I am Ms. ROS-LEHTINEN. Madam Speaker, I pleased that this legislation, a crucial part of would like to congratulate Darı´o Silva-Silva for HON. MARSHA BLACKBURN health care reform, would stop this cycle and being such an inspiring member of our south OF TENNESSEE reset the Medicare physician payment base- Florida community and for his community IN THE HOUSE OF REPRESENTATIVES line to ensure seniors continue to have access service and humanitarian work. His exemplary Thursday, December 3, 2009 to their doctors. In addition, this bill recognizes work and dedication to journalism, his church the importance of primary care, a key compo- and our community. Mrs. BLACKBURN. Madam Speaker, it is a nent of health reform, and would provide sen- Darı´o, born in Colombia, has been a protes- privilege to rise today to congratulate Mr. Ste- iors with greater access to primary care practi- tant preacher, social commentator and jour- phen Hodgkins as he ends a successful term tioners. This would help seniors with greater nalist for more than 30 years. His service has as President of the Memphis Area Home- coordination of their medical care and promote been promoted through numerous print media, builders Association. medical care that keeps seniors healthy. radio stations and television channels. Silva is As homebuilders in Memphis and across In addition to stopping the Medicare physi- the minister of the Christian church The House Shelby, Fayette and Tipton County continue to cian payment cuts, the legislation also would Over the Rock, with twenty congregations in weather an unrelenting storm of economic un- implement the Statutory Pay-As-You-Go Act. Colombia and one in Miami. He is the director certainty, Stephen has provided a strong and This Act would require all new spending to be of the television show ‘‘Hechos y Cro´nicas’’, steady hand of unwavering leadership that has paid for and not increase the debt by insti- which is seen in various countries in Latin- shined as a beacon of hope and instilled con- tuting pay-as-you-go budgeting as law. I sup- American. In addition, he is a visiting pro- fidence in MAHA members when his organiza- port pay-as-you-go rules because fiscal dis- fessor at the Continued Studies School at the tion has needed it the most. cipline must always be a hallmark of our gov- University of Miami Koubek Memorial Center Throughout the course of his term as Presi- ernment. In the 1990s with pay-as-you-go as and is a member of the Advisory Logo Coun- dent, Stephen has been a relentless advocate the law, we turned the massive deficits of the sel of the Christian College in Jacksonville. In for homebuilders and has worked tirelessly in 1980s into a record surplus under President 2001, the city of Miami recognized Darı´o for reaching out to legislators in Nashville and in Clinton. Pay-as-you-go is only one tool, but it his inspiring work and dedication by declaring Washington, DC. Throughout our many dis- is a strong one to return our nation back to fis- December 15 as the ‘‘Day of Reverend Doctor cussions I have always found Stephen’s ad- cal stability. Darı´o Silva-Silva.’’ vice to be insightful as we continue to look for I voted in favor of this bill to help physicians Once again, I would like to express my ad- ways to reinvigorate the housing market and and health care providers continue to provide miration of Darı´o for his dedication to jour- alleviate the hardships that continue to face excellent service to our nation’s seniors. nalism, his faith and the community. I wish homebuilders across West Tennessee. f him well and know that he will spend many While the forecast for the housing market more years serving his fellow man. still remains unclear one thing that has always IN MEMORY OF NAO TAKASUGI f been certain is that Stephen’s success as a leader is deeply rooted in the skills he has de- HON. ELTON GALLEGLY HONORING THE STUDENTS, veloped over 36 years as a mortgage banker OF CALIFORNIA TEACHERS AND ADMINISTRA- and later through the launch of his home IN THE HOUSE OF REPRESENTATIVES TORS AT WAXHAW ELEMENTARY building company Oaktree Homes LLC. SCHOOL Madam Speaker, I ask my colleagues to join Thursday, December 3, 2009 me in congratulating Mr. Stephen Hodgkins for Mr. GALLEGLY. Madam Speaker, I rise in HON. SUE WILKINS MYRICK a successful term as President of the Mem- memory of Nao Takasugi, a former California OF NORTH CAROLINA phis Area Homebuilders Association and wish assemblyman and Oxnard mayor, who passed IN THE HOUSE OF REPRESENTATIVES him the best in all of his future endeavors. away last week after 87 years of dedication to f family, friends, his country and his community. Thursday, December 3, 2009 Nao and I served together on the Ventura Mrs. MYRICK. Madam Speaker, I would like MEDICARE PHYSICIAN PAYMENT County Regional Sanitation Board more than to honor and recognize the students, teachers REFORM ACT OF 2009 30 years ago and he and his wife, Judy, and administrators at Waxhaw Elementary quickly became friends with me and my wife, School in Waxhaw, North Carolina. During the SPEECH OF Janice. I have also been friends with his son month of November, Waxhaw Elementary stu- HON. RUSH D. HOLT Russell for more than 30 years though Rus- dents collected 2,742 food items for the OF NEW JERSEY sell’s law partnership with Bob Huber. They school’s 2009 Food Drive. IN THE HOUSE OF REPRESENTATIVES are a close and strong family. The food went to provide Thanksgiving Nao was an incredible gentleman. I don’t meals to twenty-five families in the area. Fami- Thursday, November 19, 2009 think I ever heard him raise his voice. His lies were able to come to the school to ‘‘shop’’ Mr. HOLT. Mr. Speaker, I rise in strong sup- strength was in quiet determination, a will to for Thanksgiving items, and were able to se- port of the Medicare Physician Payment Re- do good always, and an undyingly optimistic lect either a ham or a turkey to complete their form Act, H.R. 3961, legislation that would en- outlook. meal. sure that physicians are reimbursed fairly for Nao’s parents immigrated to the United At a time when families across our area treating Medicare patients. Improving this pay- States from Japan and set up shop in Oxnard, struggle to put food on the table, I am so im- ment system is vital to improving our nation’s California, where Nao was born on April 5, pressed by the compassion and willingness to health insurance system. 1922. When World War II broke out, Nao was

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2893 a junior at UCLA and he was called home to June 2009 and was named the Relay’s Sur- Mr. Emerzian has been married to Janice help his family pack their belongings. With vivor Honoree. for 44 years. They have two sons, Michael thousands of other Japanese-Americans, the Fate intervened on the last day of the Relay and Matthew. Michael attended Stanford and Takasugi family was sent to internment when her doctors determined that her cancer the University of California, Los Angeles, and camps, first at the Tulare County fairgrounds had returned. During the last four months of is currently a physician living in Sacramento and then at Gila River, Arizona. her life, much of it spent in the hospital, she with his wife and their two children. Matthew Nao’s parents would have lost the Asahi continued to work with and comfort other leu- attended the University of California, Los An- Market his father had owned and operated kemia and cancer patients. geles for his bachelor’s degree and his grad- since 1907 if it hadn’t been for an employee, To family and friends, Shannon would often uate work. He currently lives in Los Angeles Ignacio Carmona, who offered to run it in their state that she had the perfect life with her hus- and has recently co-authored a book ‘‘Every absence. When the family returned, Ignacio band, Healdsburg Fire Captain Jason Boaz, Monday Matters’’. handed the keys over and thanked Nao’s fa- and their two young sons, Jackson and Austin. Madam Speaker, I rise today to commend ther for the opportunity to run the business. Shannon was born in Los Angeles on No- and congratulate Ron Emerzian upon being Nao’s family spent the entire war in an in- vember 22, 1970, and moved to Sonoma named ‘‘Citizen of the Year.’’ I invite my col- ternment camp but Nao was offered an oppor- County when she was five years old. She leagues to join me in wishing Mr. Emerzian tunity to continue his studies through a pro- graduated from Geyserville High School in many years of continued success. 1988 and received a degree in Business Ad- gram run by the American Friends Service f Committee and the Quakers in Philadelphia. ministration from California Polytechnic State He completed his business degree at Temple University in 1993. HONORING AND CONGRATULATING University in 1945 and went on to earn his Following college, she worked as a flight at- COLONEL DANIEL L. RUBINI master’s from the Wharton School at the Uni- tendant for United Airlines and was in the air versity of Pennsylvania. on 9/11, flying from Boise, Idaho to San Fran- HON. PATRICK J. MURPHY Then he returned to Oxnard to help run cisco. Shannon took a furlough following 9/11 OF PENNSYLVANIA to raise her family and manage the construc- Asahi Market. IN THE HOUSE OF REPRESENTATIVES tion of the family home in Healdsburg. She In Tom Brokaw’s book, The Greatest Gen- Thursday, December 3, 2009 eration, Nao described the internment camp worked as a realtor at Full Spectrum Prop- experience this way: ‘‘I find that I am com- erties in Healdsburg for the last few years of Mr. PATRICK J. MURPHY of Pennsylvania. pelled to remember the best—not the worst— her life. Madam Speaker, I rise today to honor and of that time. To focus not on the grave depri- Madam Speaker, Shannon Boaz was a re- congratulate my friend Colonel Daniel L. vation of rights which beset us all, but rather spected and well loved member of the Rubini. on the countless shining moments of virtue Healdsburg community who will be missed by Colonel Daniel L. Rubini, or Larry as we all that emerged from the shadows of that dark her family and friends. It is therefore appro- know him, has dedicated his life to the rule of hour.’’ priate that we remember and honor her today. law, traveling across the globe to help strug- Nao’s road into politics mirrored my own. f gling nations, often engulfed in devastating When the city denied his plans for a new sign, HONORING RON EMERZIAN conflicts, establish the fundamental elements he decided politics needed a businessman’s of a successful democracy. A 40-year Bucks perspective. He was appointed to the planning HON. GEORGE RADANOVICH County resident, Colonel Rubini has lent his commission, ran for city council and won, ran expertise and commitment to make life better OF CALIFORNIA for veterans and military families across our for mayor and won consecutive terms, ran for IN THE HOUSE OF REPRESENTATIVES the California Assembly and was elected to region, always lending a hand when his broth- Thursday, December 3, 2009 three terms, then was elected to two terms on ers and sisters of the Armed Forces find them- the Oxnard Harbor Commission. Mr. RADANOVICH. Madam Speaker, I rise selves in need. Nao experienced the best and the worst that today to commend and congratulate Ron It’s been my privilege to work alongside America had to offer during often trying times. Emerzian upon being named ‘‘Citizen of the Colonel Rubini as we fought to fmally bring a Many Americans experienced the best Amer- Year’’ by the American Legion, Post 74. Mr. Veterans Cemetery to Bucks County, an honor ica has to offer because of Nao’s friendship, Emerzian was recognized on Wednesday, No- long overdue for the veterans of southeastern compassion and dedication to his country. I vember 11, 2009, at the 62nd annual Citizen Pennsylvania. He’s been the driving force to will miss him. of the Year dinner and Veterans Day observ- clean up the unmarked graves at Washing- Madam Speaker, I know my colleagues will ance in Modesto, California. ton’s Crossing Park to make sure that those join me in sending our condolences to Judy, Mr. Ron Emerzian was born and raised in first American soldiers get the recognition they their children, and all their family and friends, Modesto, California. Upon graduating from deserve. I have been proud to partner with and in remembering a gentle man who left an Stanford University, he moved back to his Colonel Rubini to help the men and women of indelible mark. hometown. He went to work for E & J Gallo Iraq and Afghanistan who have risked their f Winery, where his primary focus was on sales lives to assist the American military as trans- and distribution. He also served as the vice lators. Those brave souls have no greater ad- HONORING SHANNON BOAZ OF president of sales, vice president of organiza- vocate than Colonel Rubini, who has helped SONOMA COUNTY, CALIFORNIA tional development and vice president of cor- countless men and women find safe haven porate giving and community affairs for the from those who seek to harm them because HON. MIKE THOMPSON company. After 47 years with E & J Gallo Win- they stood up for their country and fought for OF CALIFORNIA ery, Mr. Emerzian retired. democracy. No matter what, Colonel Rubini is IN THE HOUSE OF REPRESENTATIVES Since his retirement, Mr. Emerzian has always there to make sure returning soldiers turned his attention to community involvement. receive a warm welcome home, as well as a Thursday, December 3, 2009 He has served as the chairman of the board warm meal. Mr. THOMPSON of California. Madam for several local non-profits, including Cali- Colonel Rubini will be receiving the William Speaker, I rise today to honor Shannon Boaz, fornia State University, Stanislaus, the United H. Eastburn III Award from the Bucks County wife, mother, sister, daughter, friend and inspi- Way, YMCA, Stanislaus Partners in Education, Bar Association for his contributions to the ration to all who came in contact with her, who and the Education Foundation of Stanislaus Bucks County judicial system. The award goes passed away November 21, 2009, after a long County. Currently, Mr. Emerzian serves as the to someone who has encouraged a greater re- battle with leukemia. chairman of the United Way Children’s Council spect and understanding for the law, and chal- Shannon was an extraordinary woman who and the After-school Coalition of Stanislaus. lenged others to take personal responsibility did not let her terminal diagnosis dampen her He serves on the board of Save Mart Cares, as citizens. fighting spirit. She was first diagnosed with Juline’s Foundation for Children, and the Colonel Rubini has done great things, not leukemia in June 2008, but by December of United Samaritans, which serves 35,000 just for this Nation, but for countries through- that year, the disease had remarkably gone meals to the hungry every month. He is also out the world. He has helped to bring the rule into remission. She immediately began work- a member of the Modesto Rotary. Earlier this of law to places like Kuwait and Haiti, while ing with the committee in her hometown of year, Mr. Emerzian was named chairman of continuing to fight for justice in Pennsylvania. Healdsburg, California to organize the annual the board for the Gallo Center for the Arts in He’s a true veteran’s advocate and I’m proud anti-cancer ‘‘Relay for Life,’’ which was held in Modesto. to call him my friend.

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2894 CONGRESSIONAL RECORD — Extensions of Remarks December 3, 2009 Madam Speaker, I ask that we honor and for a full recovery to retired Fairfax County Po- a helpful fellowship for retired police officers congratulate Colonel Daniel L. Rubini for his lice Officer, Jim Riddel. Jim retired from the and their surviving spouses. He remains a tire- contribution to Bucks County but also to the Police Department in 1980 as a Special Police less community activist, constantly working on rest of the world. He’s a true American hero. Officer, having spent 20 years protecting Fair- behalf of his neighbors. Jim successfully f fax residents. The Fairfax County Police De- exited surgery today, and I look forward to his WARM WISHES FOR A FULL partment continues to be recognized as one of speedy convalescence and his return to a life- RECOVERY FOR JAMES P. RIDDEL the best in the nation, so it is no slight to the time of selfless service to Fairfax County. current and former officers, but instead a true compliment to Jim, that he has been called by HON. GERALD E. CONNOLLY a number of sources, the best Detective that OF VIRGINIA the County has ever had. Although Jim has IN THE HOUSE OF REPRESENTATIVES been retired for 19 years, his hard work on be- Thursday, December 3, 2009 half of the community continued. Jim was par- Mr. CONNOLLY of Virginia. Madam Speak- ticularly active in organizing the Fairfax County er, I rise today to express my warmest wishes Retired Police Officers Association, providing

VerDate Nov 24 2008 02:44 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD09\E03DE9.REC E03DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Thursday, December 3, 2009 Daily Digest Senate Adopted: Chamber Action By 61 yeas to 39 nays (Vote No. 355), Mikulski Routine Proceedings, pages S12261–S12354 Amendment No. 2791 (to Amendment No. 2786), Measures Introduced: Eleven bills and three reso- to clarify provisions relating to first dollar coverage lutions were introduced, as follows: S. 2825–2835, for preventive services for women. (Pursuant to the and S. Res. 367–369. Page S12321 order of Wednesday, December 2, 2009, the amend- ment having achieved 60 affirmative votes, was Measures Reported: agreed to). Pages S12265, S12277 S. 372, to amend chapter 23 of title 5, United By a unanimous vote of 100 yeas (Vote 357), Ben- States Code, to clarify the disclosures of information net Amendment No. 2826 (to Amendment No protected from prohibited personnel practices, re- 2786), to protect and improve guaranteed Medicare quire a statement in nondisclosure policies, forms, benefits. (Pursuant to the order of Wednesday, De- and agreements that such policies, forms, and agree- cember 2, 2009, the amendment having achieved 60 ments conform with certain disclosure protections, affirmative votes, was agreed to). Pages S12278–93 provide certain authority for the Special Counsel, with an amendment in the nature of a substitute. (S. Withdrawn: Rept. No. 111–101) By 41 yeas to 59 nays (Vote No. 356), Mur- S. 1353, to amend title 1 of the Omnibus Crime kowski Amendment No. 2836 (to Amendment No. Control and Safe Streets Act of 1986 to include non- 2786), to ensure patients receive doctor rec- profit and volunteer ground and air ambulance crew ommendations for preventive health services, includ- members and first responders for certain benefits, ing mammograms and cervical cancer screening, with an amendment in the nature of a substitute. without interference from government or insurance company bureaucrats. (Pursuant to the order of Page S12321 Wednesday, December 2, 2009, the amendment Measures Passed: having failed to achieve 60 affirmative votes, be National Miners Day: Committee on the Judici- withdrawn). Pages S12276–77 ary was discharged from further consideration of S. By 42 yeas to 58 nays (Vote No. 358), McCain Res. 337, designating December 6, 2009, as ‘‘Na- motion to commit the bill to the Committee on Fi- tional Miners Day’’, and the resolution was then nance, with instructions. (Pursuant to the order of agreed to. Page S12352 Wednesday, December 2, 2009, the amendment Collection for Charitable Purposes in Senate having failed to achieve 60 affirmative votes, be Buildings: Senate agreed to S. Res. 369, to permit withdrawn). Pages S12265, S12293–94 the collection of clothing, toys, food, and housewares Pending: during the holiday season for charitable purposes in Reid Amendment No. 2786, in the nature of a substitute. Pages S12265–S12300, S12301–17 Senate buildings. Page S12352 Whitehouse Amendment No. 2870 (to Amend- Measures Considered: ment No. 2786), to promote fiscal responsibility by Service Members Home Ownership Tax Act— protecting the Social Security surplus and CLASS Agreement: Senate continued consideration of H.R. program savings in this Act. Pages S12303–06 3590, to amend the Internal Revenue Code of 1986 Hatch motion to commit the bill to the Com- to modify the first-time homebuyers credit in the mittee on Finance, with instructions. Pages S12306–17 case of members of the Armed Forces and certain A unanimous-consent agreement was reached pro- other Federal employees, taking action on the fol- viding for further consideration of the bill after any lowing amendments proposed thereto: Leader remarks on Friday, December 4, 2009, with Pages S12265–S12300, S12301–17 debate only in order until 11:30 a.m., with no D1395

VerDate Nov 24 2008 04:57 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST D1396 CONGRESSIONAL RECORD — DAILY DIGEST December 3, 2009 amendments, motions to commit, or any other mo- Rosemary Anne DiCarlo, of the District of Co- tion, other than a motion to reconsider a vote, if ap- lumbia, to be the Deputy Representative of the plicable, in order during this period, except those United States of America to the United Nations, that are currently pending; with the time after the with the rank and status of Ambassador, and the Leader time, equally divided and controlled between Deputy Representative of the United States of Amer- the two Leaders, or their designees, with the Major- ica in the Security Council of the United Nations. ity controlling the first portion of time. Page S12317 Rosemary Anne DiCarlo, of the District of Co- Treaty Approved: The following treaty having lumbia, to be Representative of the United States of passed through its various parliamentary stages, up America to the Sessions of the General Assembly of to and including the presentation of the resolution the United Nations, during her tenure of service as of ratification, upon division, two-thirds of the Sen- Deputy Representative of the United States of Amer- ators present having voted in the affirmative, the res- ica to the United Nations. olution of ratification was agreed to: Nancy D. Freudenthal, of Wyoming, to be United Protocol Amending Tax Convention with France States District Judge for the District of Wyoming. (Treaty Doc. 111–4) with 1 declaration and 1 condi- Denzil Price Marshall, Jr., of Arkansas, to be tion. Pages S12350–51 United States District Judge for the Eastern District of Arkansas. Nominations Confirmed: Senate confirmed the fol- Benita Y. Pearson, of Ohio, to be United States lowing nominations: District Judge for the Northern District of Ohio. David Morris Michaels, of Maryland, to be an As- Page S12353 sistant Secretary of Labor. Victoria Angelica Espinel, of the District of Co- Messages from the House: Page S12320 lumbia, to be Intellectual Property Enforcement Co- Measures Referred: Page S12320 ordinator, Executive Office of the President. Executive Communications: Pages S12320–21 Alan C. Kessler, of Pennsylvania, to be a Governor of the United States Postal Service for a term expir- Executive Reports of Committees: Pages S12321–22 ing December 8, 2015. Additional Cosponsors: Pages S12322–23 Lawrence G. Romo, of Texas, to be Director of Statements on Introduced Bills/Resolutions: the Selective Service. Page S12323–33 3 Air Force nominations in the rank of general. 5 Army nominations in the rank of general. Additional Statements: Page S12319 5 Navy nominations in the rank of admiral. Amendments Submitted: Pages S12333–49 Routine lists in the Air Force, Army, and Navy. Authorities for Committees to Meet: Pages S12351, S12353–54 Pages S12349–50 Nominations Received: Senate received the fol- Privileges of the Floor: Page S12350 lowing nominations: Donald L. Cook, of Washington, to be Deputy Record Votes: Four record votes were taken today. Administrator for Defense Programs, National Nu- (Total—358) Pages S12277, S12293 clear Security Administration. Adjournment: Senate convened at 9:30 a.m. and Malcolm Ross O’Neill, of Virginia, to be an As- adjourned at 8:32 p.m., until 9:30 a.m. on Friday, sistant Secretary of the Army. December 4, 2009. (For Senate’s program, see the re- Jackalyne Pfannenstiel, of California, to be an As- marks of the Acting Majority Leader in today’s sistant Secretary of the Navy. Record on page S12353.) Douglas B. Wilson, of Arizona, to be an Assistant Secretary of Defense. Brooke D. Anderson, of California, to be Alternate Committee Meetings Representative of the United States of America for Special Political Affairs in the United Nations, with (Committees not listed did not meet) the rank of Ambassador. Brooke D. Anderson, of California, to be an Alter- NOMINATION nate Representative of the United States of America Committee on Banking, Housing, and Urban Affairs: to the Sessions of the General Assembly of the Committee concluded a hearing to examine the United Nations, during her tenure of service as Al- nomination of Ben S. Bernanke, of New Jersey, to ternate Representative of the United States of Amer- be Chairman of the Board of Governors of the Fed- ica for Special Political Affairs in the United Na- eral Reserve System, after the nominee testified and tions. answered questions in his own behalf.

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST December 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1397 BUSINESS MEETING and slaves who fought for independence, liberty, and Committee on Commerce, Science, and Transportation: justice for all during the American Revolution, H.R. Committee ordered favorably reported the nomina- 1849, to designate the Liberty Memorial at the Na- tions of Mark R. Rosekind, of California, to be a tional World War I Museum in Kansas City, Mis- Member of the National Transportation Safety souri, as the National World War I Memorial, to es- Board, Scott Boyer Quehl, of Pennsylvania, to be tablish the World War I centennial commission to Chief Financial Officer and Assistant Secretary, and ensure a suitable observance of the centennial of Suresh Kumar, of New Jersey, to be Assistant Sec- World War I, and H.R. 3689, to provide for an ex- retary and Director General of the United States and tension of the legislative authority of the Vietnam Foreign Commercial Service, both of the Department Veterans Memorial Fund, Inc. to establish a Vietnam of Commerce, Philip E. Coyle III, of California, to Veterans Memorial visitor center, after receiving tes- be an Associate Director of the Office of Science and timony from Senators Rockefeller, Thune, and Technology Policy, and Anthony R. Coscia, of New Webb; Representative Cleaver; Katherine H. Steven- Jersey, and Albert DiClemente, of Delaware, both to son, Assistant Director, Business Services, National be a Director of the Amtrak Board of Directors for Park Service, Department of the Interior; Harry G. the remainder of the term expiring July 26, 2011. Robinson III, Vietnam Veterans Memorial Fund, Edwin L. Fountain, World War I Memorial Founda- AMERICAN MEDICAL ISOTOPES tion, and Maurice A. Barboza, Liberty Fund D.C., all PRODUCTION ACT of Washington, D.C.; David Madden, Louisiana State Committee on Energy and Natural Resources: Committee University United States Civil War Center, Black concluded a hearing to examine H.R. 3276, to pro- Mountain, North Carolina; and Brian Alexander, Na- mote the production of molybdenum-99 in the tional World War I Museum at Liberty Memorial, United States for medical isotope production, and to Kansas City, Missouri. condition and phase out the export of highly en- riched uranium for the production of medical iso- WATER AND WILDLIFE BILLS topes, after receiving testimony from Parrish Staples, Committee on Environment and Public Works: Sub- Director, Office of European and African Threat Re- committee on Water and Wildlife concluded a hear- duction, Global Threat Reduction Initiative, Na- ing to examine S. 373, to amend title 18, United tional Nuclear Security Administration, Department States Code, to include constrictor snakes of the spe- of Energy; Kevin D. Crowley, Nation Research cies Python genera as an injurious animal, S. 1519, Council of the National Academies, Washington, to provide for the eradication and control of nutria D.C.; and Roy Brown, Council on Radionuclides and in Maryland, Louisiana, and other coastal States, S. Radiopharmaceuticals (CORAR), St. Louis, Missouri. 1421, to amend section 42 of title 18, United States Code, to prohibit the importation and shipment of NATIONAL PARKS BILLS certain species of carp, S. 1965, to authorize the Sec- Committee on Energy and Natural Resources: Sub- retary of the Interior to provide financial assistance committee on National Parks concluded a hearing to to the State of Louisiana for a pilot program to de- examine S. 760, to designate the Liberty Memorial velop measures to eradicate or control feral swine at the National World War I Museum in Kansas and to assess and restore wetlands damaged by feral City, Missouri, as the ‘‘National World War I Me- swine, H.R. 2188, to authorize the Secretary of the morial’’, S. 1838, to establish a commission to com- Interior, through the United States Fish and Wild- memorate the sesquicentennial of the American Civil life Service, to conduct a Joint Venture Program to War, S. 2097, to authorize the rededication of the protect, restore, enhance, and manage migratory bird District of Columbia War Memorial as a National populations, their habitats, and the ecosystems they and District of Columbia World War I Memorial to rely on, through voluntary actions on public and pri- honor the sacrifices made by American veterans of vate lands, S. 1214, to conserve fish and aquatic World War I, S. 2722, to authorize the Secretary of communities in the United States through partner- the Interior to conduct a special resource study to ships that foster fish habitat conservation, to improve determine the suitability and feasibility of adding the quality of life for the people of the United the Heart Mountain Relocation Center, in the State States, H.R. 3537, to amend and reauthorize the of Wyoming, as a unit of the National Park System, Junior Duck Stamp Conservation and Design Pro- S. 2726, to modify the boundary of the Minuteman gram Act of 1994, H.R. 3433, to amend the North Missile National Historic Site in the State of South American Wetlands Conservation Act to establish re- Dakota, S. 2738, to authorize National Mall Liberty quirements regarding payment of the non-Federal Fund D.C. to establish a memorial on Federal land share of the costs of wetlands conservation projects in the District of Columbia to honor free persons in Canada that are funded under that Act, and H.R.

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST D1398 CONGRESSIONAL RECORD — DAILY DIGEST December 3, 2009

509, to reauthorize the Marine Turtle Conservation Indian Health Care Improvement Act to revise and Act of 2004, after receiving testimony from Senator extend that Act, after receiving testimony from Ron- Levin; Dan Ashe, Deputy Director, U.S. Fish and ald L. Tankersley, American Dental Association, Wildlife Service, Department of the Interior; Ed- Newport News, Virginia; Evangelyn Dotomain, mond Mouton, Louisiana Department of Wildlife & Alaska Native Health Board, Anchorage; and Patri- Fisheries, New Iberia; Eric C. Schwaab, Maryland cia Tarren, Hennepin County Medical Center, Min- Department of Natural Resources, Annapolis, on be- neapolis, Minnesota. half of the Association of Fish and Wildlife Agen- cies; Robert L. Bendick, The Nature Conservancy, CONTRACT HEALTH SERVICES Arlington, Virginia; and Gordon Roberston, Amer- ican Sportfishing Association, Alexandria, Virginia. Committee on Indian Affairs: Committee concluded an oversight hearing to examine Contract Health Serv- AFGHANISTAN ices, after receiving testimony from Yvette Committee on Foreign Relations: Committee concluded Roubideaux, Director, Indian Health Service, De- a hearing to examine Afghanistan, focusing on as- partment of Health and Human Services; Connie sessing the road ahead, after receiving testimony Whidden, Seminole Tribe of Florida, Hollywood; from Hillary Rodham Clinton, Secretary of State; and Mickey Peercy, Choctaw Nation of Oklahoma, and Robert M. Gates, Secretary, and Admiral Mi- Durant. chael G. Mullen, USN, Chairman of the Joint Chiefs of Staff, both of the Department of Defense. BUSINESS MEETING NOMINATION Committee on the Judiciary: Committee ordered favor- Committee on Homeland Security and Governmental Af- ably reported the following business items: fairs: Committee concluded a hearing to examine the S. 1353, to amend title 1 of the Omnibus Crime nomination of Caryn A. Wagner, of Virginia, to be Control and Safe Streets Act of 1986 to include non- Under Secretary of Homeland Security for Intel- profit and volunteer ground and air ambulance crew ligence and Analysis, after the nominee testified and members and first responders for certain benefits, answered questions in her own behalf. with an amendment in the nature of a substitute; BUSINESS MEETING and Committee on Indian Affairs: Committee ordered favor- The nominations of Thomas I. Vanaskie, of Penn- ably reported the following business items: sylvania, to be United States Circuit Judge for the S. 1790, to amend the Indian Health Care Im- Third Circuit, and Louis B. Butler, Jr., to be United provement Act to revise and extend that Act, with States District Judge for the Western District of amendments; Wisconsin, and Susan B. Carbon, of New Hamp- S. 1635, to establish an Indian Youth telemental shire, to be Director of the Violence Against Women health demonstration project, to enhance the provi- Office, John H. Laub, of the District of Columbia, sion of mental health care services to Indian youth, to be Director of the National Institute of Justice, to encourage Indian tribes, tribal organizations, and Sharon Jeanette Lubinski, to be United States Mar- other mental health care providers serving residents shal for the District of Minnesota, Mary Elizabeth of Indian country to obtain the services of Phillips, to be United States Attorney for the West- predoctoral psychology and psychiatry interns, with ern District of Missouri, Sanford C. Coats, to be amendments; and United States Attorney for the Western District of S. 633, to establish a program for tribal colleges Oklahoma, and Stephen James Smith, to be United and universities within the Department of Health States Marshal for the Southern District of Georgia, and Human Services and to amend the Native all of the Department of Justice. American Programs Act of 1974 to authorize the provision of grants and cooperative agreements to INTELLIGENCE tribal colleges and universities, with an amendment. Select Committee on Intelligence: Committee held closed INDIAN HEALTH CARE IMPROVEMENT hearings on intelligence matters, receiving testimony REAUTHORIZATION AND EXTENSION ACT from officials of the intelligence community. Committee on Indian Affairs: Committee concluded an Committee recessed subject to the call. oversight hearing to examine S. 1790, to amend the

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST December 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1399 House of Representatives Agreed to amend the title so as to read: ‘‘Express- Chamber Action ing the sense of the House of Representatives that Public Bills and Resolutions Introduced: 23 pub- the Transportation Security Administration should, lic bills, H.R. 4189–4211; 1 private bill, H.R. in accordance with the congressional mandate pro- 4212; and 8 resolutions, H. Con. Res. 217, and H. vided for in the Implementing Recommendations of Res. 943–949, were introduced. Pages H13519–20 the 9/11 Commission Act of 2007 as well as other Additional Cosponsors: Pages H13520–21 statutes, enhance security against terrorist attack and other security threats to our Nation’s rail and mass Reports Filed: Reports were filed today as follows: transit systems and other modes of surface transpor- H.R. 2652, to amend title 46, United States tation.’’. Page H13482 Code, to improve vessel safety, with an amendment (H. Rept. 111–351); Satellite Home Viewer Update and Reauthoriza- H.R. 2650, to amend title 14, United States tion Act of 2009: H.R. 3570, amended, to amend Code, to modernize the leadership of the Coast title 17, United States Code, to reauthorize the sat- Guard and to modernize the administration of ma- ellite statutory license and to conform the satellite rine safety by the Coast Guard (H. Rept. 111–352); and cable statutory licenses to all-digital trans- H.R. 3224, to authorize the Board of Regents of missions, by a 2⁄3 yea-and-nay vote of 394 yeas to the Smithsonian Institution to plan, design, and con- 11 nays, Roll No. 930. Pages H13494–95 struct a vehicle maintenance building at the vehicle Agreed to amend the title so as to read: ‘‘To ex- maintenance branch of the Smithsonian Institution tend the statutory license for secondary transmissions located in Suitland, Maryland (H. Rept. 111–276, under title 17, United States Code, and for other Pt. 2); and purposes.’’. Page H13495 H.R. 3542, to direct the Architect of the Capitol Permanent Estate Tax Relief for Families, Farm- to fly the flag of a State over the Capitol each year ers, and Small Businesses Act of 2009: The on the anniversary of the date of the State’s admis- House passed H.R. 4154, to amend the Internal sion to the Union, with an amendment (H. Rept. Revenue Code of 1986 to repeal the new carryover 111–353). Page H13519 basis rules in order to prevent tax increases and the Speaker: Read a letter from the Speaker wherein she imposition of compliance burdens on many more es- appointed Representative Pastor to act as Speaker tates than would benefit from repeal and to retain pro tempore for today. Page H13469 the estate tax with a $3,500,000 exemption, by a yea-and-nay vote of 225 yeas to 200 nays, Roll No. Journal: The House agreed to the Speaker’s approval 929. Pages H13482–94 of the Journal by a recorded vote of 250 ayes to 169 noes with 1 voting ‘‘present’’, Roll No. 925. Agreed to table the appeal of the ruling of the chair on a point of order sustained against the Heller Pages H13469, H13480–81 motion to recommit the bill to the Committee on Suspensions—Proceedings Resumed: The House Ways and Means with instructions to report the agreed to suspend the rules and pass the following same back to the House forthwith with an amend- measures which were debated on Wednesday, De- ment, by a yea-and-nay vote of 234 yeas to 186 cember 2nd: nays, Roll No. 927. Pages H13491–92 Expressing the sense of the House of Representa- Rejected the second Heller motion to recommit tives that the Transportation Security Administra- the bill to the Committee on Ways and Means with tion should enhance security against terrorist at- instructions to report the same back to the House tack and other security threats to our Nation’s rail forthwith with an amendment, by a recorded vote of and mass transit lines: H. Res. 28, amended, to ex- 187 ayes to 233 noes, Roll No. 928. Page H13492 press the sense of the House of Representatives that Pursuant to section 2 of the rule, in the engross- the Transportation Security Administration should, ment of H.R. 4154, the Clerk shall (1) add the text in accordance with the congressional mandate pro- of H.R. 2920, as passed by the House, as new mat- vided for in the Implementing Recommendations of ter at the end of H.R. 4154; (2) conform the title the 9/11 Commission Act of 2007, enhance security of H.R. 4154 to reflect the addition to the engross- against terrorist attack and other security threats to ment of the text of H.R. 2920; (3) assign appro- our Nation’s rail and mass transit lines, by a 2⁄3 yea- priate designations to provisions within the engross- and-nay vote of 417 yeas to 3 nays, Roll No. 926 ment; and (4) conform provisions for short titles and Pages H13481–82 within the engrossment.

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST D1400 CONGRESSIONAL RECORD — DAILY DIGEST December 3, 2009 H. Res. 941, the rule providing for consideration Regulation, Consumer Protection, and Enforcement of the bill, was agreed to by a recorded vote of 223 Act. Testimony was heard from public witnesses. ayes to 192 noes, Roll No. 924, after the previous question was ordered by a yea-and-nay vote of 228 SUDAN—U.S. POLICY REVIEW yeas to 187 nays, Roll No. 923. Pages H13472–80 Committee on Foreign Affairs: Subcommittee on Africa Meeting Hour: Agreed that when the House ad- and Global Health held a hearing on Sudan: A re- journs today, it adjourn to meet at 10:30 a.m. on view of the Administrations’s New Policy and A Sit- Monday, December 7th for morning hour debate. uation Update. Testimony was heard from MG Scott Page H13499 Gration, USAF (ret.), U.S. Special Envoy, Republic Quorum Calls—Votes: Five yea-and-nay votes and of Sudan, Department of State; and public witnesses. three recorded votes developed during the pro- ceedings of today and appear on pages H13479–80, U.S. SECRET SERVICE AND PRESIDENTIAL H13480, H13481, H13481–82, H13491–92, PROTECTION H13493–94, H13494, and H13494–95. There were Committee on Homeland Security: Held a hearing enti- no quorum calls. tled ‘‘The United States Secret Service and Presi- Adjournment: The House met at 10 a.m. and ad- dential Protection: An Examination of a System Fail- journed at 6:15 p.m. ure.’’ Testimony was heard from Mark J. Sullivan, Director, U.S. Secret Service, Department of Home- Committee Meetings land Security. AGRICULTURE OFFSETS—COSTS AND DEPARTMENT OF JUSTICE—CIVIL RIGHTS BENEFITS DIVISION Committee on Agriculture: Subcommittee on Conserva- Committee on the Judiciary: Subcommittee on the Con- tion, Credit, Energy, and Research held a hearing to stitution, Civil Rights, and Civil Liberties held a review the costs and benefits of agriculture offsets. hearing on the Civil Rights Division of the Depart- Testimony was heard from Joseph Glauber, Chief ment of Justice. Testimony was heard from Thomas Economist, USDA; Joseph Kile, Assistant Director, E. Perez, Assistant Attorney General, Civil Rights Microeconomic Studies, CBO; and public witnesses. Division; Eileen Regen Larence, Director, Homeland Security and Justice Issues, GAO; Grace Chung AFGHANISTAN STRATEGIC REVIEW Becker, former Acting Assistant Attorney General, Committee on Armed Services: Held a hearing on Af- Civil Rights Division, Department of Justice; and a ghanistan: The Results of the Strategic Review, Part public witness. I. Testimony was heard from the following officials of the Department of Defense: Robert M. Gates, Sec- NEW ORLEANS POST-KATRINA HEALTH retary; and ADM. Michael G. Mullen, USN, Chair- CARE CHALLENGES man, Joint Chiefs of Staff; and Jacob J. Lew, Deputy Committee on Oversight and Government Reform: Held a Secretary, Management and Resources, Department hearing entitled ‘‘Post-Katrina Recovery: Restoring of State. Health Care in the New Orleans Region.’’ Testi- CALLING CARD CONSUMER PROTECTION mony was heard from Cynthia A. Bascetta, Director, ACT Health Care, GAO; Marcia K. Brand, M.D., Deputy Administration, Health Resources and Services Ad- Committee on Energy and Commerce: Subcommittee on ministration, Department of Health and Human Commerce, Trade, and Consumer Protection held a Services; from the following officials of the State of hearing on H.R. 3993, Calling Card Consumer Pro- Louisiana: Alan Levine, Secretary, Department of tection Act. Testimony was heard from Lois Health and Hospitals; Joia Crear-Perry, M.D., Direc- Greisman, Director, Division of Marketing Practices, tor, Clinical Services, Health Department, City of FTC; Patricia Acampora, Commissioner, Public Serv- New Orleans; and public witnesses. ice Commission, New York State; and public wit- nesses. MARINE/HYDROKINETIC ENERGY INTERNET GAMBLING ENFORCEMENT/ TECHNOLOGY REGULATION Committee on Science and Technology: Subcommittee on Committee on Financial Services: Held a hearing on the Energy and Environment held a hearing on Marine following bills: H.R. 2266, Reasonable Prudence in and Hydrokinetic Energy Technology: Finding the Regulation Act; and H.R. 2267, Internet Gambling Path to Commercialization. Testimony was heard

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST December 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1401 from Jacques Beaudry-Losique, Deputy Assistant Sec- retary, Renewable Energy, Office of Energy Effi- Joint Meetings ciency and Renewable Energy, Department of En- No joint committee meetings were held. ergy; and public witnesses. f NASA—INDEPENDENT AUDIT COMMITTEE MEETINGS FOR FRIDAY, Committee on Science and Technology: Subcommittee on Investigations and Oversight and the Subcommittee DECEMBER 4, 2009 on Space and Aeronautics held a joint hearing on (Committee meetings are open unless otherwise indicated) Independent Audit of the National Aeronautics and Space Administration. Testimony was heard from the Senate following officials of the NASA: Thomas Howard, No meetings/hearings scheduled. Acting Inspector General; and Elizabeth Robinson, Chief Financial Officer; and a public witness. House NRO FACILITY UPDATE No committee meetings are scheduled. Permanent Select Committee on Intelligence: Sub- Joint Meetings committee on Technical and Tactical Intelligence met in executive session to receive a briefing on Joint Economic Committee: to hold hearings to examine NRO Facility Update. The Subcommittee was the employment situation for November 2009, 9:30 a.m., briefed by departmental witnesses. SH–216.

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST D1402 CONGRESSIONAL RECORD — DAILY DIGEST December 3, 2009

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, December 4 10:30 a.m., Monday, December 7

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of H.R. 3590, Service Members Home Ownership Tax Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E2883, E2892 Norton, Eleanor Holmes, D.C., E2886 Gerlach, Jim, Pa., E2886 Pallone, Frank, Jr., N.J., E2883 Aderholt, Robert B., Ala., E2881 Giffords, Gabrielle, Ariz., E2878 Peters, Gary C., Mich., E2880 Barrett, J. Gresham, S.C., E2884 Graves, Sam, Mo., E2877, E2878, E2879, E2880, E2881, Poe, Ted, Tex., E2890 Bilbray, Brian P., Calif., E2885 E2881, E2882, E2884, E2884, E2886 Radanovich, George, Calif., E2877, E2887, E2893 Blackburn, Marsha, Tenn., E2892 Hare, Phil, Ill., E2885 Bordallo, Madeleine Z., Guam, E2886 Holt, Rush D., N.J., E2892 Reichert, David G., Wash., E2885 Brown, Corrine, Fla., E2887 Jackson-Lee, Sheila, Tex., E2877, E2879, E2881, E2883 Ros-Lehtinen, Ileana, Fla., E2892 Brown, Henry E., Jr., S.C., E2891 Kennedy, Patrick J., R.I., E2888 Smith, Adrian, Nebr., E2878 Butterfield, G.K., N.C., E2890 Kildee, Dale E., Mich., E2881, E2888 Thompson, Bennie G., Miss., E2884 Cantor, Eric, Va., E2886, E2889 Kucinich, Dennis J., Ohio, E2889 Thompson, Mike, Calif., E2893 Castle, Michael N., Del., E2878 Lewis, John, Ga., E2891 Van Hollen, Chris, Md., E2888 Coffman, Mike, Colo., E2889 Mitchell, Harry E., Ariz., E2879 Walden, Greg, Ore., E2879 Connolly, Gerald E., Va., E2894 Moran, James P., Va., E2884, E2885 Wexler, Robert, Fla., E2889 Eshoo, Anna G., Calif., E2882 Murphy, Patrick J., Pa., E2880, E2893 Wilson, Joe, S.C., E2880 Etheridge, Bob, N.C., E2877, E2888 Myrick, Sue Wilkins, N.C., E2892

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

VerDate Nov 24 2008 04:12 Dec 04, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D03DE9.REC D03DEPT1 jbell on DSKDVH8Z91PROD with DIGEST