SENATE—Wednesday, February 24, 2010

1716 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 SENATE—Wednesday, February 24, 2010

The Senate met at 9:30 a.m. and was be equally divided and controlled be- wishes of an unsuspecting public. What called to order by the Honorable TOM tween the two leaders or their des- they have in mind is a last ditch legis- UDALL, a Senator from the State of ignees. At 9:55, the Senate will proceed lative sleight of hand called reconcili- New Mexico. to a series of up to two rollcall votes. ation that would enable them to im- The first vote will be on the motion to pose government-run health care for PRAYER waive the applicable budget points of all on the American people, whether The Chaplain, Dr. Barry C. Black, of- order with respect to the Reid amend- Americans want it or not. And we fered the following prayer: ment No. 3310. know that Americans do not, in fact, Let us pray. If the points of order are waived, we want it. O Lord our God, in whom we trust, will immediately proceed to vote on Americans have seen these proposals put Your hands upon the Members of the motion to concur in the House before. They do not want them. So this this body to guide and strengthen amendment to the Senate amendment is the height of legislative arrogance. them. Bless them in moments of stress to the bill, H.R. 2947, with the Reid sub- If you did not like the Cornhusker and tension, renewing their strength so stitute amendment. Kickback, get ready. This is the that they mount up on wings like ea- Following the votes, the Senate will Cornhusker Kickback on steroids. gles. Lord, give them the moral and proceed to a period of morning busi- In light of all these behind the scenes spiritual stamina to do what is right as ness, with Senators permitted to speak efforts to get around the will of the You give them the life to understand for up to 10 minutes each. people, it is hard to imagine what the Your will. May they fulfill their high It is my hope we are able to reach an purpose of Thursday’s summit is. If the calling to serve You and this Nation agreement to pass the short-term tax White House wants real bipartisanship, and exemplify to all the oneness of a extenders legislation today. The next then it needs to drop the proposal it shared commitment. Make their lives item of business will be the bipartisan posted Monday, which is no different in an expression of Your truth, righteous- travel promotion legislation. its essentials than anything we have ness and justice. Following the remarks of the Sen- seen before, and start over. And they We pray in Your strong Name. Amen. ator from Kentucky, I would yield 4 need to take this last-ditch reconcili- f minutes to the Senator from New ation effort off the table once and for PLEDGE OF ALLEGIANCE York, Mr. SCHUMER. all. f Then we can work on the kind of re- The Honorable TOM UDALL led the form Americans really want, step by Pledge of Allegiance, as follows: RECOGNITION OF THE MINORITY step proposals that will actually get at I pledge allegiance to the Flag of the LEADER the problem, which is cost. That is United States of America, and to the Repub- The ACTING PRESIDENT pro tem- what the American people have been lic for which it stands, one nation under God, asking us to do for a year. If ever there indivisible, with liberty and justice for all. pore. The Republican leader is recognized. were a time for the administration to f f show it is listening, it is now. Reform APPOINTMENT OF ACTING is too important. We cannot let this PRESIDENT PRO TEMPORE HEALTH CARE SUMMIT opportunity pass. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, ear- f lier this week, the White House un- clerk will please read a communication RESERVATION OF LEADER TIME to the Senate from the President pro veiled its latest iteration of the Demo- The ACTING PRESIDENT pro tem- tempore (Mr. BYRD). crat plan for health care reform, and, The assistant legislative clerk read to put it quite simply, it was a major pore. Under the previous order, the the following letter: disappointment. leadership time is reserved. It was our hope that when the admin- f U.S. SENATE, PRESIDENT PRO TEMPORE, istration called for a health care sum- COMMERCE, JUSTICE, SCIENCE, Washington, DC, February 24, 2010. mit at the White House, it would be an AND RELATED AGENCIES APPRO- To the Senate: opportunity for both sides to come to- PRIATIONS ACT, 2010 Under the provisions of rule I, paragraph 3, gether and start over. Now it is per- of the Standing Rules of the Senate, I hereby fectly clear the administration had The ACTING PRESIDENT pro tem- appoint the Honorable TOM UDALL, a Senator something else in mind entirely. pore. Under the previous order, the from the State of New Mexico, to perform The plan we saw Monday is hardly a Senate will resume consideration of the duties of the Chair. the House message with respect to H.R. ROBERT C. BYRD, starting off point for a bipartisan discussion on commonsense reforms. It is 2847, which the clerk will report. President pro tempore. The assistant legislative clerk read Mr. UDALL of New Mexico thereupon really just more of the same: a massive government scheme with all the flaws as follows: assumed the chair as Acting President A House message to accompany H.R. 2847, pro tempore. of the previous proposals that the American people have already seen and an Act making appropriations for the De- f partments of Commerce and Justice and rejected. Changing the name and in- Science, and Related Agencies for the Fiscal RECOGNITION OF THE MAJORITY creasing the cost is not what Ameri- Year ending September 30, 2010, and for other LEADER cans have been asking for, and it is cer- purposes. The ACTING PRESIDENT pro tem- tainly not reform. Pending: pore. The majority leader is recog- To make matters worse, even as law- Reid amendment No. 3310 (to the House nized. makers head down to the White House amendment to the Senate amendment), in f for this health care summit tomorrow, the nature of a substitute. Democrats on Capitol Hill are working Reid amendment No. 3311 (to amendment SCHEDULE behind the scenes on a plan aimed at No. 3310), to change the enactment date. Mr. REID. Mr. President, following jamming this massive health spending The ACTING PRESIDENT pro tem- leader remarks, the time until 9:55 will bill through Congress against the clear pore. Under the previous order, the

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

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1717 time until 9:55 will be equally divided Finally, my last point is, it is bipar- inside out to try and find comparable and controlled between the two leaders tisan. The country is asking us to come work. She cannot. or their designees. and work together. Obviously, there I met a man who was a blue-collar Mr. GREGG. I ask unanimous con- are diverse views, both within the par- worker. He had risen to the top of his sent that upon the completion of the ties and certainly between the parties. craft, tool and die. He thought he had remarks from the Senator from New But that does not mean, on areas that a great life—worked hard, had six chil- York, I be recognized. are getting close to emergencies, we dren, a good marriage. A year ago he Mr. SCHUMER. Mr. President, the cannot work together. lost his job and is still paying the time will be equally divided, I pre- This proposal, let it be the start. But mortgage. His wife cannot work to sup- sume? let this proposal be the start of a com- port him because of the six kids, one of Mr. GREGG. Yes. ing together on issues we can agree on. whom was 2 years old, as I recall. The ACTING PRESIDENT pro tem- There are some job proposals my col- What is he going to do? You meet pore. Without objection, it is so or- leagues on this side of the aisle would people like this again and again. Young dered. support and my colleagues on the other college students get out of college, The Senator from New York is recog- side would not and vice versa. There bright-eyed and bushy-tailed, and can- nized. Mr. SCHUMER. Mr. President, on a are some they would support and we not find work. How disillusioning at more bipartisan note than the speech would not. the beginning of their career. from the minority leader, we are now But there are a large number we can So we have an imperative to do some- moving toward some legislation that all agree on. We ought to endeavor to thing. We have an imperative not to has two bits of good news for the Amer- do them because what the American say: It has to be my way or no way. We ican people; one, it will help create people want is not us just talking at have to put those people back to work. jobs and employ those who have been one another and accomplishing nothing That is what Senator HATCH and I at- out of work for too long a time; second, but us getting something done. tempted to do with our proposal. To it is bipartisan. For the first time in a Finally, going back to the merits of our leader, I wish to pay him a tremen- long time, we have a bill that is sup- this proposal, it should not be sold as a dous tribute. He was focused on getting ported by both Democrats and Repub- panacea. This is not a magic wand that this done. He took brickbats left and licans. I would like to salute the five is going to be waved and all our job- right. But the ultimate wisdom of what Republicans from the other side who lessness will decline. he did is now being seen as we move joined us in moving the bill forward. I But what it does do is harness the this bill on the floor today. am very hopeful there will be a large economic growth we have seen in the Hopefully, it will go through the number of those from the other side of last quarter, 5.7 percent, and translates House and be on the President’s desk the aisle who will join in this bipar- it into the creation of jobs. Let me ex- shortly. I thank Senator HATCH and all tisan measure that will show the plain. In the last quarter, there was my colleagues who, hopefully, in a few American people that, at least when it economic growth, 5.7 percent, but hard- minutes, will come together in a bipar- comes to jobs, we can—and must for ly a job was created. You cannot sus- tisan way and tell the workers who are their good—work together. tain an economy and get an economy unemployed: Yes, there is some hope. First, let me discuss the proposal, moving upward unless jobs are created. Tell the voters from Massachusetts: the part of the proposal authored by But the growth gives us an oppor- Yes, we have heard you. We are focus- Senator HATCH and myself. It is very tunity—not every employer but a sig- ing on jobs. simple. It is a holiday from the payroll nificant number of employers are get- I yield the floor. tax for any employer that hires a ting new orders. They are thinking to The ACTING PRESIDENT pro tem- worker who has been out of work for 60 themselves: Should I hire that new pore. The Senator from New Hampshire days. worker or should I just extend over- is recognized. Let me discuss why I think it will time or cut back somewhere else? Mr. GREGG. Mr. President, I believe work. First, it is immediate. Most busi- This job provision, a payroll tax holi- the first obligation of a government— nesses, particularly small businesses, if day, says to the employer—to some, or one of the obligations, especially of you tell them they will get some kind not all but to many—I am going to Congress—is to live by its own words of tax credit if they hire someone, but take that gamble and hire that worker and live by its own rules. With great they will get that credit a year from and hire them now so it will help jump- fanfare a couple weeks ago, the Demo- April, are not very interested. This oc- start our economy. It will work for cratic leadership and its membership curs immediately, the minute the businesses, not those that see declining passed a pay-go piece of legislation worker is hired. sales or flat sales but those that are be- which says that when you bring spend- Second, it is simple. Again, you tell a ginning to see sales go up and will ing legislation to the floor, it should be businessperson, particularly a small translate those increased sales into in- paid for. There was great breast-beat- businessperson, they have to fill out 30 creased jobs, which will then, hope- ing on the other side of the aisle about pages, maybe hire an accountant to get fully, create the virtuous cycle of more how this would discipline the govern- a tax credit for a new worker, that is jobs, more money in the economy, ment and make us fiscally responsible. not life. They are going to tell you to more jobs still, more money in the Now we see, as the first piece of legis- forget it. economy still, and we can get out of lation to come forward since the pay- But here all the new employee has to this awful recession. go resolution passed, a bill which vio- show is that he or she was out of work In conclusion, I wish to save enough lates that pay-go resolution. This bill for 60 days. It is very easy to show 60 time for my friend from New Hamp- spends $12 billion that is not paid for days of unemployment compensation, shire. I traveled around my State this under the pay-go rules over the next 5 and it immediately takes effect. last Presidents week break. In every years. It is in violation of the concepts Third, it goes right to small business. corner of my State, I sat with the un- and the rules which were put forward So this is not a large government pro- employed. It was heartbreaking. Think by the other side as the way we would gram. The money goes right to small of those people and those faces, what discipline spending. business and is cost effective, which is they had to say late at night. I understand—and I think most of us the fourth point. If 3 million people are A woman from Rochester had worked understand—the issue of the economy hired by this tax credit, it will cost $15 for 20 years for Xerox, lost her position is critical, getting people back to work billion. That is a lot of money. But in human services up in Rochester. She is critical, but I don’t think we get peo- compared to the stimulus of $880 bil- has been looking for 2 years, close to 2 ple back to work by loading more and lion, it is much smaller. The money is years, for a job. She made a very good more debt onto the next generation. cost effective. It goes right to where it salary. She did not have a family. Her Probably we create an atmosphere should. job was her life. She has turned things where folks who are willing to go out

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1718 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 and invest and create jobs are a little are calling that an offset so it won’t Mr. GREGG. What we have before us reticent to do so because they don’t score. today is a bill which, first, violates the know how all that debt the Federal Unfortunately, under the present pay-go rules which we just passed a Government is putting on the books rules with which we budget around couple of weeks ago to the tune of $12 will be paid for. I presume that is one here, it doesn’t score because it is built billion and, second, puts in place a of the reasons the pay-go legislation into the baseline. It adds up to $140 bil- glidepath, which should be called a was brought forward a couple of weeks lion over the next 10 years, approxi- nosedive, toward $140 billion of new ago, to try to give some certainty to mately, that is going to come out of debt being put on the backs of our chil- the markets and to the American peo- the general fund to fund the highway dren, with the alleged justification ple who were upset with all the deficit fund because the people who run the that it is offset when, in fact, the offset and debt, that we would discipline our- highway fund don’t have the courage to is superficial, Pyrrhic, and non- selves. fund what they want to spend. So they existent. Now the first bill that comes forward are going to take it out of the general The ACTING PRESIDENT pro tem- violates the rules of the Senate by add- fund. Where does the general fund get pore. The time of the Senator has ex- ing $12 billion of spending which is not its money? It borrows it from our chil- pired. paid for, which will be deficit spending, dren and grandchildren. It runs up Mr. GREGG. We can not keep doing and which will be added to the debt. I debt. That is why, under any scenario, this. We cannot keep doing this to our am not sure how you vote for this bill no matter what gamesmanship you children. We cannot keep coming out when it violates that rule which you play around here on naming this event, here and claiming we are being fiscally just voted for 2 weeks ago. It seems a it turns out to be the same thing: debt disciplined when we are doing just the bit of inconsistency that is hard even added to our children’s burden. opposite: spending money we don’t for a political institution to justify. Our children already have a fair have and passing the bill on to our On top of that, this bill has massive amount of debt coming at them as a re- kids. gamesmanship in the outyears. It is a sult of this Congress’s profligacy. The ACTING PRESIDENT pro tem- bill of $15 to $18 billion in spending, but Under the President’s budget, the def- pore. The Senator from Oklahoma. actually, because of the games played icit will double in the next 5 years and Mr. INHOFE. Mr. President, when in the highway accounts, it adds $140 triple in the next 10 years. We will add the Senator from New Hampshire talks billion of spending that is not paid for $11 trillion of new debt to the backs of about what we can and can’t do to our which will be added to the debt if this our children over the next 10 years children, I remind my fellow Senators, bill is passed. That is a hard number. under the President’s initiatives, every I happen to be blessed with 20 kids and That is a big number. That is a real year for the next 10 years. We will av- grandkids. I am probably more con- number. erage deficits of $1 trillion. cerned than anyone else here about fu- The simple fact is, this bill, in the The American people intuitively un- ture generations. Let me say, to re- classic gamesmanship we see from the derstand that cannot continue; it can’t deem myself in advance, I am a con- highway committee, spends money we keep up. We are on an unsustainable servative. I have been ranked No. 1 by don’t have and then claims we have the course. We are running this Nation the ACU, Man of the Year by Human money. In the end, all that money has into a ditch on the fiscal side of the Events. Yet I think we are supposed to ledger. We are putting this Nation into to be borrowed because there are no be doing something when we come here financial bankruptcy because of the revenues to cover it. to Washington. I have always said, fact that we are running up deficits If this bill is passed, there will be $140 when I run for office, that the two and debt far beyond our capacity to billion in new debt put on our kids’ main things we are supposed to do are repay. In fact, if you look at these defi- backs as a result of this alleged small defend America and infrastructure. cits and debt just in the context of number. I forgot what the number is Yes, I am the ranking member on the what other industrialized nations do— they claim is actually in the bill. How Environment and Public Works Com- for example, the European Union—they does that happen? This bit of games- mittee. I was the sponsor of the bill in don’t allow their states to exceed defi- manship ought to be explained because 2005, and I am proud of it because we cits of 3 percent or a public debt to it keeps being undertaken by the high- GDP ratio of 60 percent. The way this had to do something about infrastruc- way committee in the most egregious works out, we are going to run deficits ture. I don’t know, maybe there aren’t way relative to proper fiscal manage- of about 5 percent every year for the any roads in New Hampshire, but I can ment. In fact, if this were done in an next 10 years, we will have a public tell you, don’t buy into the argument accounting cycle that was subject to debt situation of well over 60 percent that this is all debt. We are talking accounting rules, the people who claim next year, and we will get to 80 percent about $12 billion. this sort of sleight of hand would go to before the next 10 years are up. Those This bill actually does two things. It jail. It is that simple. They would go to are numbers which lead to one conclu- has some very good reductions in jail because this is such a fraud on the sion—that we are in deep trouble. We taxes. I remember so well that John American taxpayer. are in deep, deep trouble. Yet we come Kennedy, when he was President, said What they are claiming is that the here today with a bill which aggravates we have to raise more revenue. The highway fund, on which they have com- that situation relative to the pay-go best way is to reduce marginal rates. mitted to spend much more money rules by $12 billion and relative to the From 1961 to 1968, it went from $94 bil- than is coming in, and they knew they highway fund by $140 billion. lion to $153 billion. That is in this would spend more money than was Mr. INHOFE. Mr. President, I have a thing. But the main thing here I am coming in because they wanted to unanimous consent request. concerned about is we keep doing noth- spend more money than was coming in, The ACTING PRESIDENT pro tem- ing about roads and highways and in- what they are claiming is that highway pore. The Senator from New Hampshire frastructure. That is what we are sup- fund lent the general fund money 10 has the floor. posed to do. years ago and that money should have Mr. GREGG. I will yield for the pur- I know the Senator is sincere when had interest paid on it. Of course, at pose of a unanimous consent request. he comes up with this, but where was the time, they actually waived the in- Mr. INHOFE. I ask unanimous con- his concern back when he voted to give terest, assuming interest should have sent that at the conclusion of the re- an unelected bureaucrat $700 billion? been paid on that. That interest has marks of the Senator from New Hamp- That wasn’t offset. We can say that been recouped a couple of times now, shire, I be recognized for up to 3 min- was a loan, but we all know better. allegedly, even if it were owed. But utes. There are some things we are sup- what they claim is that because the The ACTING PRESIDENT pro tem- posed to be doing in America, and the money is coming out of the general pore. Is there objection? Without objec- second most important thing, in my fund to fund the highway fund, they tion, it is so ordered. view—I know others don’t share this

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VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD Insert offset folio 83/A2 here ES24FE10.002 1722 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 Mr. HATCH. Mr. President, I rise Republicans, to work through our dif- Regrettably, because of this decision, today to discuss the so-called jobs leg- ferences. it looks as though President Obama’s islation that is before the Senate this [Americans] are tired of the partisanship hope for a bipartisan solution to job and the shouting and the pettiness. afternoon and to express my grave con- These aren’t Republican values or Demo- creation only lasted 2 weeks. What a cerns with the direction this bill has cratic values that they’re living by; business shame! taken over the past few weeks. values or labor values. They’re American To illustrate the abruptness of and Several of my Finance Committee values. surprise caused by the majority lead- colleagues on both sides of the aisle The President went on to address the er’s unexpected action, just look at the put a lot of time and effort into cre- need to promote job growth by saying: next-day’s headlines: ‘‘Key Dem: Reid scrapped jobs bill because ating a compromise jobs bill that Now, the true engine of job creation in this Chairman BAUCUS and Senator GRASS- he did not trust Republicans’’—The Hill country will always be America’s businesses. ‘‘Reid kills Baucus-Grassley jobs bill’’— LEY were trying to move forward. In- We should start where most new jobs do— The Politico deed, I had high hopes that we might in small businesses, companies that begin ‘‘Senate leader slashes jobs bill; Despite help thaw the partisan freeze that has when an entrepreneur takes a chance on a new support’’—LA Times gridlocked this chamber for far too dream, or a worker decides it’s time she became her own boss. But it doesn’t end there. The major- long. Unfortunately, our efforts and ity leader sent a pretty strong message And finally: hopes have been dashed by the major- when he said that he—and I quote— ity leader’s inexplicable decision to gut [We should] Provide a tax incentive for all ‘‘dared Republicans to vote against his our bill and replace it with a piece of large businesses and all small businesses to bill.’’ invest in new plants and equipment. legislation that replaces cooperation Many Democratic Senators were with contention. While these challenges and standards quick to stand behind the majority Further exacerbating matters, the were set by the President, the leader of leader’s reversal, just seconds after Democratic leadership has filled the the Democratic Party, I believe most supporting the bipartisan jobs bill. amendment tree, thus preventing any- Republicans would agree with him. The Some even stated that we Republicans one from being able to offer amend- American people are suffering. Our un- were not interested in a bipartisan deal ments that would improve the under- employment rate is near double digits. because we were more inclined to ‘‘play lying bill. So much for compromise. We owe it to the unemployed and un- rope-a-dope again.’’ They went on to As a longtime public servant of this deremployed to put aside partisan poli- characterize the tax extenders as only great deliberative body, I can’t recall a tics so that we can create jobs and ‘‘going to people who are making decision that exhibited as much raw make our economy stronger. money, and they generally keep it.’’ political gamesmanship as this one Soon after President Obama ad- They even went so far as to say that does. The Democratic leadership is sti- dressed the Nation, Senate Democratic what the Democratic Caucus is taking fling the first genuine attempt at co- and Republican leaders went to work to the floor is something that is more operation on a major issue—a move on a bipartisan solution to create a focused on job creation than on tax that bodes ill for bipartisanship for the jobs-growth bill. I worked with Senator breaks. remainder of this Congress. SCHUMER to come up with a payroll tax What most surprised me is just how Given what is happening with this holiday for companies that hired more quickly many Democratic Senators jobs bill, how can we in the minority employees. Under this incentive, the were to abandon these tax extenders, have faith that we won’t be excluded sooner a company hired an unemployed even though most of them support ex- from debate on future legislation such worker the more tax incentive the tending these very expiring tax provi- as health care and energy legislation? company would receive. I believe that sions. In fact, the Democratic leader- It is easy to label the Republicans as this initiative is a perfect example of ship has erroneously labeled the tax ex- the ‘‘Party of No’’ when you com- the kind of bipartisanship the Presi- tenders as solely a Republican-sup- pletely exclude them from the legisla- dent talked about during his State of ported initiative. This is hardly the tive process. Unfortunately, the major- the Union Address. case, considering the Democratic-led ity leaves us with little other option In addition, Senators BAUCUS and House has already passed nearly all of than to say ‘‘no.’’ GRASSLEY joined in this effort by in- these tax extenders and the President But what puzzles me the most is cluding several other provisions aimed called for them to be passed in his what the majority has to gain from at job growth and to address the symp- speech before Congress. this partisan maneuver. In my experi- toms of a failing economy. This was a There is an array of expiring tax pro- ence, the Senate operates best when compromise that included an extension visions contained in the tax extenders there is trust that agreements will be of unemployment insurance, Build package. Here are a few that are in- honored, but regrettably now even that America Bonds, and expired tax provi- cluded: is in question. sions. Also, many Democrats, including the Just a few weeks ago, I sat in the Let me be clear. There is no doubt in majority leader, are cosponsors of leg- House Chamber while the President my mind and in the mind of many of islation that would extend many of the gave his State of the Union Address in my colleagues that passing a jobs bill expiring tax provisions. Look at the which he raised the importance of bi- is crucial. We have seen our unemploy- bill to extend the research tax credit, partisan cooperation, especially in the ment rate remain at about 10 percent or the alternative fuels vehicle credit, area of job creation. The fact that the since September. The American people or even the new markets tax credit. President hit a nerve with this plea is sent us here to do a job, and it is way These are by no means solely Repub- evident by the effort to build such a bi- past time we did it. lican initiatives. partisan bill in the Finance Committee This is why it was so disheartening In fact, there are many business tax in the weeks that followed. However, it on February 11, when the Senate ma- incentives included in the tax extend- is obvious that many on the other side jority leader announced that he would ers package that are primarily sup- cannot stand the thought of working scrap the compromise proposal only ported by some of the Senators who with our side when there might be po- hours after its unveiling and proceed have been the most vocal against in- litical points to be scored by trying to instead with a stripped-down bill that cluding the expired provisions in the embarrass us. would not extend any of the expiring jobs bill. These Democratic-supported Here are a few of the things the tax proposals that are so vitally impor- business incentives include a mine res- President said about the need for bipar- tant to job growth. This decision not cue team training credit and special tisanship in his State of the Union Ad- only pulled the rug out from Repub- expensing rules for certain film and dress: licans, but it floored those Democrats television productions. And what the American people hope—what who had been working for weeks on a Therefore, to label the support of ex- they deserve—is for all of us, Democrats and bipartisan solution. tending these expiring tax provisions

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1723 as part of a solely Republican agenda is unemployment has been near 10 per- loquy with the Senator from Oklahoma misleading, unfair, and unwarranted. I cent since last September. for 2 minutes. believe that these statements were Moreover, the stimulus package was The ACTING PRESIDENT pro tem- made only to support the majority sold to the American people as an im- pore. Is there objection? leader, who appeared to have made a mediate fix—a ‘‘jolt’’ to the economy. Mr. SCHUMER. Mr. President, I have hasty and ill-considered decision. The President’s chief economic advi- to object because the vote was set for Some have questioned how extending sor, Larry Summers, said: ‘‘You’ll see 9:55. these expired tax provisions relate to effects immediately.’’ Christina The ACTING PRESIDENT pro tem- job creation. It is a fair question, but Romer, the President’s chair of Eco- pore. Objection is heard. one with easy answers. The extension nomic Advisers, said: ‘‘We’ll start add- The Senator from New York is recog- of these expired tax provisions would ing jobs rather than losing them.’’ And nized. support proven growth of companies House Majority Leader STENY HOYER Mr. SCHUMER. Mr. President, we that are slowly beginning to see the said, ‘‘This will begin creating jobs im- have had so much partisan gridlock. light at the end of the tunnel. Con- mediately.’’ Today we have a real opportunity to versely, government funding would When pitching the stimulus bill, show that this new legislative year can only provide a false sense of job growth then-President-elect Obama said ‘‘90 break through that with something because once the government funding percent of these jobs will be created in meaningful to the American people, a is gone so will the jobs. the private sector—the remaining 10 jobs bill. I am hopeful that many col- If we need proof that government percent are mainly public sector jobs.’’ leagues on the other side of the aisle However, the Wall Street Journal re- spending isn’t as effective as tax relief, will join us. There has been great input ported in a February 17 article that we only have to look to what the Con- from Senator INHOFE and Senator government data indicate most jobs gressional Budget Office said last year HATCH. These are people who are con- supported by stimulus dollars belonged about the effects of the year-old eco- servative, have different voting records to government employees at the State nomic stimulus package: than I, but they say we have to do and local level. In fact, only 2 percent something. I thank the new Senator The legislation would increase employ- of the entire stimulus bill was dedi- ment by 0.8 million to 2.3 million by the from Massachusetts for leading the cated toward tax relief for businesses. fourth quarter of 2009, by 1.2 million to 3.6 way and breaking through the miasma. million by the fourth quarter of 2010, by 0.6 We need to provide a foundation to allow the private sector to nourish and This is a good, focused bill. It is a mod- million to 1.9 million by the fourth quarter est bill, but it will do some good for the of 2011, and by declining numbers in later create better paying jobs. That is why years. many support including these tax ex- hundreds of thousands and perhaps millions who are looking desperately for The reason for this drop in employ- tenders in a jobs bill. For instance, it is estimated that work. When they find jobs, our econ- ment is because government spending omy begins to move forward. That is does not create permanent jobs; only that approximately 70 percent or more of the research tax credit benefits are long overdue. the private sector can. In contrast to Both sides of the aisle can show the government spending, tax incentives attributable to salaries of performing U.S.-based research. How can some American people we have heard them would give the private sector a much- by overwhelmingly passing this well- needed boost. If we had included more Senators disregard the effectiveness of some of these tax extenders on job crafted, well-honed, modest piece of tax incentives for businesses in last legislation aimed at issue No. 1: jobs year’s stimulus bill, we would have cre- growth? And keep in mind that the research credit has traditionally received and the economy. ated jobs that will last far longer than I yield the floor. the ones government spending has cre- more Democratic than Republican sup- The ACTING PRESIDENT pro tem- ated. port in this body. In fact, there is a bill pore. Under the previous order, the Originally projected to cost $787 bil- to extend the expiring research tax question is on agreeing to the motion lion, the stimulus bill is now expected credit. Of the 18 cosponsors of this bill, offered by the Senator from Maryland, to total $862 billion over 10 years, ac- 11 are Democrats. Furthermore, this Mr. CARDIN, to waive the Budget Act cording to the Congressional Budget bill was introduced by the Democratic and budget resolutions with respect to Office. This does not include interest chairman of the Senate Finance Com- the motion offered by the Senator from owed, which would put the total cost in mittee. As I stated earlier, the President set Nevada, Mr. REID, to concur with an the trillions of dollars. the tone at the beginning of the year amendment in the House amendment Thus far, only a third of the $862 bil- by calling on Congress to put forth a to the Senate amendment to H.R. 2847. lion stimulus package has been spent. bipartisan solution to create jobs. In The yeas and nays have been ordered. Another third is expected to be spent response, both Democrats and Repub- The clerk will call the roll. in 2010, and the remaining third after licans brought innovative ideas to the The assistant legislative clerk called this year. Whatever happened to spend- table. Then, in a sudden change of the roll. ing money on projects deemed to be events, many Republican ideas were ex- Mr. DURBIN. I announce that the ‘‘shovel ready?’’ cluded from the jobs bill the majority Senator from New Jersey (Mr. LAUTEN- The administration has claimed the leader has brought to the floor. Fi- BERG) and the Senator from Michigan stimulus bill is responsible for creating nally, the majority leader is not allow- (Mr. LEVIN) are necessarily absent. or saving 1 million jobs—a very mis- ing our side to offer any amendments. Mr. KYL. The following Senators are leading claim. If this is not an arrogance of power, necessarily absent: the Senator from For example, it was reported that a then I do not know what is. I only hope Texas (Mrs. HUTCHISON) and the Sen- construction company in Nevada cre- the majority leader heeds President ator from Arizona (Mr. MCCAIN). ated 20 jobs on a project that has yet to Obama’s plea for a bipartisan solution. The ACTING PRESIDENT pro tem- receive money. A school district re- I think one Democrat, learning of the pore. Are there any other Senators in ported saving 665 jobs, even though it majority leader’s action, said it best: the Chamber desiring to vote? only employs roughly 600 people. A Most Americans don’t honestly believe The yeas and nays resulted—yeas 62, town in Oregon reported creating eight that a single political party has all the good nays 34, as follows: jobs on a contract for ‘‘rattlesnake ideas. I hope the majority leader will recon- [Rollcall Vote No. 24 Leg.] stewardship.’’ sider.’’ In January 2009, President Obama’s The ACTING PRESIDENT pro tem- YEAS—62 economic advisors predicted in a report pore. The Senator’s time has expired. Akaka Bingaman Burris that with an $800 billion stimulus, the Baucus Bond Byrd The Senator from New Hampshire. Bayh Boxer Cantwell unemployment rate would never go Mr. GREGG. Mr. President, I ask Begich Brown (MA) Cardin above 8 percent. As I stated previously, unanimous consent to engage in a col- Bennet Brown (OH) Carper

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1724 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 Casey Kerry Rockefeller Stabenow Voinovich Wicker social change and striving to live up to Collins Klobuchar Sanders Tester Warner Wyden the promise of a single line in the Dec- Conrad Kohl Schumer Udall (CO) Webb Dodd Landrieu Shaheen Udall (NM) Whitehouse laration of Independence which laid out Dorgan Leahy the creed that came to define this Na- Snowe NAYS—28 Durbin Lieberman Specter tion: Feingold Lincoln Stabenow Barrasso Ensign McConnell We hold these truths to be self-evident, Feinstein McCaskill Tester Bennett Enzi Nelson (NE) Franken Menendez that all men are created equal. . . . Udall (CO) Brownback Graham Risch Gillibrand Merkley Udall (NM) Bunning Grassley Roberts With these simple words, a slave Hagan Mikulski Chambliss Gregg Voinovich Sessions owner named Thomas Jefferson laid Harkin Murray Coburn Isakson Shelby Inhofe Nelson (FL) Warner the cornerstone of the free America we Corker Johanns Thune Inouye Pryor Webb Cornyn Kyl Vitter know today, even if the noble senti- Johnson Reed Whitehouse Crapo Lugar Wyden ment was not realized for all Ameri- Kaufman Reid DeMint McCain cans until more than a century later. NAYS—34 NOT VOTING—2 Although we have seen such injustice— Alexander DeMint McConnell Hutchison Lautenberg though our journey toward freedom Barrasso Ensign Murkowski The motion was agreed to. and equality is far from over—we can Bennett Enzi Nelson (NE) draw great strength from the promise Brownback Graham Mr. KAUFMAN. I move to reconsider Risch that was woven into the fabric of our Bunning Grassley Roberts the vote, and I move to lay that mo- Burr Gregg Nation on the day we declared our Sessions tion on the table. Chambliss Hatch Shelby independence. The motion to lay on the table was Coburn Isakson Thune Black History Month is a time to re- Cochran Johanns Vitter agreed to. Corker Kyl member those who have taken part in Wicker The bill, H.R. 2847, as amended, was Cornyn LeMieux every step of that ongoing journey and Crapo Lugar passed. to celebrate the legacy they have left (The bill will be printed in a future NOT VOTING—4 behind for each of us. edition of the RECORD.) Hutchison Levin At every moment in our past, African Lautenberg McCain f Americans have stood shoulder to shoulder with their countrymen from The ACTING PRESIDENT pro tem- MORNING BUSINESS all races, backgrounds, and walks of pore. On this vote the yeas are 62, the The ACTING PRESIDENT pro tem- life to help chart our course and define nays are 34. Three-fifths of the Sen- pore. Under the previous order, there who we are to become: from the slaves ators duly chosen and sworn having will now be a period for the transaction who laid the very foundation of this voted in the affirmative, the motion is of morning business, with Senators Capitol Building to the businessmen agreed to. permitted to speak therein for up to 10 and entrepreneurs who helped build our Under the previous order, amend- minutes each. modern economy; from the ‘‘King’’ who ment No. 3311 is withdrawn. The Senator from Illinois is recog- dared to dream of an America he would The question is on agreeing to the nized. never live to see to the President who motion to concur with an amendment f reached the mountaintop; from the to the House amendment to the Senate man who was born into the bonds of amendment to H.R. 2847. BLACK HISTORY MONTH slavery to his great grandson who Mr. DURBIN. Mr. President, I ask for Mr. BURRIS. Mr. President, this stands today before his peers in the the yeas and nays. Monday, I was honored to stand before Senate. The ACTING PRESIDENT pro tem- this Chamber and read George Wash- Each of these stories, however ordi- pore. Is there a sufficient second? ington’s Farewell Address. This annual nary or remarkable, illustrates how There is a sufficient second. tradition invites Members of the Sen- Black history is woven deeply into the The clerk will call the roll. ate, as well as the American people, to broad canvas of American history and Mr. DURBIN. I announce that the pause and reflect on the wisdom of our why the two are inseparable from one Senator from New Jersey (Mr. LAUTEN- first President. another. BERG) is necessarily absent. In this historic text, the father of our For me, this reality was brought to life the moment I stood at the front of Mr. KYL. The following Senator is country lays out a unique view of the this Chamber and began to read the necessarily absent: the Senator from Nation he helped to create. It is a tes- words that our first President wrote to Texas (Mrs. HUTCHISON). tament to the American spirit and a his countrymen more than two cen- The ACTING PRESIDENT pro tem- tribute to the American people that turies ago. Yet it was the visionary pore. Are there any other Senators in this country has come such a long way leadership and high ideals of men such the Chamber desiring to vote? since the days of our ancestors. as Washington and Jefferson which The result was announced—yeas 70, Washington’s vision was especially transcended the prejudice of their nays 28, as follows: poignant to me, having traced my per- times and made it possible for later [Rollcall Vote No. 25 Leg.] sonal ancestry back to the days of slav- generations to tear those inequalities YEAS—70 ery. to the ground. Akaka Conrad LeMieux As I looked out over this Chamber on All Americans have benefited from Alexander Dodd Levin Monday, I thought about the reasons this profound legacy. We all have an in- Baucus Dorgan Lieberman we celebrate each February as Black Bayh Durbin Lincoln terest in preserving the history we Begich Feingold McCaskill History Month. This year, as Black share. Bennet Feinstein Menendez History Month draws to a close, I can- In the closing days of this Black His- Bingaman Franken Merkley not help but reflect that Washington’s tory Month, I urge my colleagues to re- Bond Gillibrand Mikulski address reminds us that Black history Boxer Hagan Murkowski flect not only on the ways African Brown (MA) Harkin Murray and American history are inseparable Americans have contributed to Amer- Brown (OH) Hatch Nelson (FL) from one another; that the American ican history but also on the ways we Burr Inhofe Pryor story cannot be distilled into the Black can move forward together as one Na- Burris Inouye Reed Byrd Johnson Reid experience and the White experience tion, just as Washington calls us to do Cantwell Kaufman Rockefeller but that both are essential components in his Farewell Address. Cardin Kerry Sanders of the American experience. Mr. President, I yield the floor, and I Carper Klobuchar Schumer The story of this country is a story of Casey Kohl Shaheen suggest the absence of a quorum. Cochran Landrieu Snowe expanding equality and opportunity, of The ACTING PRESIDENT pro tem- Collins Leahy Specter people and institutions grappling with pore. The clerk will call the roll.

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1725 The legislative clerk proceeded to The provisions of this Act shall become ef- The Senator from Nevada [Mr. REID] pro- call the roll. fective 5 days after enactment. poses an amendment numbered 3330 to Mr. REID. Mr. President, I ask unan- Mr. REID. I now ask for the yeas and amendment No. 3329. imous consent that the order for the nays on that amendment. The amendment is as follows: quorum call be rescinded. The PRESIDING OFFICER. Is there a At the end, insert the following: The PRESIDING OFFICER (Mr. sufficient second? ‘‘including specific data on the types of BURRIS). Without objection, it is so or- There appears to be a sufficient sec- jobs created.’’ dered. ond. Mr. REID. Madam President, I ask f The yeas and nays were ordered. unanimous consent that the mandatory quorum be waived with respect to UNITED STATES CAPITOL POLICE AMENDMENT NO. 3327 TO AMENDMENT NO. 3326 Mr. REID. Madam President, I have a the cloture motion. ADMINISTRATIVE TECHNICAL The PRESIDING OFFICER. Without CORRECTIONS ACT OF 2009 second-degree amendment now at the desk. objection, it is so ordered. Mr. REID. Mr. President, I ask the The PRESIDING OFFICER. The Mr. REID. Madam President, I say Chair to lay before the Senate a mes- clerk will report the amendment. for the benefit of Members, under the sage from the House with respect to The legislative clerk read as follows: rules, this cloture motion will ripen H.R. 1299, the U.S. Capitol Police ad- Friday morning. I do not think there is The Senator from Nevada [Mr. REID] pro- ministrative authorities. poses an amendment numbered 3327 to going to be a lot of talk during the The PRESIDING OFFICER. The amendment No. 3326. next 2 days on this matter, and I would Chair lays before the Senate a message The amendment is as follows: certainly be happy to move up this from the House. time and have the vote earlier. But we The legislative clerk read as follows: In the amendment, strike ‘‘5’’ and insert ‘‘4’’. will wait until we hear from the Repub- Resolved, that the House agree to the licans. MOTION TO REFER WITH AMENDMENT NO. 3328 amendment of the Senate to the bill (H.R. I suggest the absence of a quorum. 1299) entitled ‘‘An Act to make technical cor- Mr. REID. Madam President, I move The PRESIDING OFFICER. The rections to the laws affecting certain admin- to refer with instructions, which is also clerk will call the roll. istrative authorities of the United States at the desk. The assistant legislative clerk pro- Capitol Police, and for other purposes,’’ with The PRESIDING OFFICER. The a House amendment to the Senate amend- ceeded to call the roll. clerk will report the motion. Mr. REED. Madam President, I ask ment. The legislative clerk read as follows: CLOTURE MOTION unanimous consent that the order for The Senator from Nevada [Mr. REID] moves the quorum call be rescinded. Mr. REID. I move to concur in the to refer the House message to the Senate House amendment to the Senate The PRESIDING OFFICER. Without Committee on Rules with instructions to re- objection, it is so ordered. amendment, and I have a cloture mo- port back forthwith, with an amendment tion at the desk on the motion to con- numbered 3328. Mr. REED. Madam President, we have today taken a very strong, posi- cur. The amendment is as follows: tive step forward in terms of respond- The PRESIDING OFFICER (Mrs. At the end, insert the following: HAGAN). The cloture motion having ing to the No. 1 crisis in our economy, The Senate Rules Committee is requested and that is jobs for all of our people. been presented under rule XXII, the to study the benefit of enacting a travel pro- Chair directs the clerk to read the mo- motion measure, and the impact on job cre- Under Leader REID’s leadership, we tion. ation by its enactment. were able to get a bill through, with a The legislative clerk read as follows: Mr. REID. I ask for the yeas and huge majority, and it signals, I hope, not only attention to jobs but also the CLOTURE MOTION nays. willingness and the ability to find com- We, the undersigned Senators, in accord- The PRESIDING OFFICER. Is there a ance with the provisions of rule XXII of the sufficient second? mon ground to serve the people of our Standing Rules of the Senate, hereby move There appears to be a sufficient sec- country. to bring to a close debate on the motion to ond. We are now on the travel promotion concur in the House amendment to the Sen- The yeas and nays were ordered. bill, which is another piece of legisla- ate amendment to H.R. 1299, the United tion designed to encourage job creation AMENDMENT NO. 3329 States Capitol Police Administrative Tech- in the travel industry. All of this is nical Corrections Act. Mr. REID. Madam President, I have good news. The legislation we propose Harry Reid, Byron L. Dorgan, Russell D. an amendment to my instructions, this morning combines elements of tax Feingold, Patrick J. Leahy, Daniel K. which is at the desk. breaks for small businesses so they can Inouye, Kay R. Hagan, Jeff Bingaman, The PRESIDING OFFICER. The Robert Menendez, Richard J. Durbin, expense their items, increase their clerk will report the amendment. cashflow, and hire more people with Jack Reed, Mark Begich, Patty Mur- The legislative clerk read as follows: ray, Bernard Sanders, Robert P. Casey, credits for hiring people. There is a Jr., Barbara Boxer, Jon Tester, John D. The Senator from Nevada [Mr. REID] pro- huge investment in our infrastructure, Rockefeller IV. poses an amendment numbered 3329 to the which will put people to work in the instructions of the motion to refer. Mr. REID. Madam President, I building industry and in industries thought it was important that the The amendment is as follows: that supply all these infrastructure clerk read those names. Sometimes At the end, insert the following: projects, and there is also a significant they are hard to read. ‘‘and include reasonable statistics of job commitment to Build America Bonds. creation.’’ AMENDMENT NO. 3326 These are good programs, and they are I move to concur in the House Mr. REID. I ask for the yeas and nays fully paid for. amendment with an amendment, which on that amendment. We are now taking up the challenge is at the desk. The PRESIDING OFFICER. Is there a to put people to work, to do it in a re- The PRESIDING OFFICER. The sufficient second? sponsible way, and to do so in a way clerk will report the amendment. There appears to be a sufficient sec- that we can attract bipartisan support. The legislative clerk read as follows: ond. But there is much more to do. There is The yeas and nays were ordered. The Senator from Nevada [Mr. REID] moves the recognition that we have to not to concur in the House amendment to the AMENDMENT NO. 3330 TO AMENDMENT NO. 3329 only create jobs but for the foreseeable Senate amendment with an amendment Mr. REID. Madam President, I have a future deal with those people who have numbered 3326. second-degree amendment at the desk. been looking unsuccessfully for jobs The amendment is as follows: The PRESIDING OFFICER. The and who are unemployed. In my home At the end of the amendment, insert the clerk will report the amendment. State of Rhode Island, the unemploy- following: The legislative clerk read as follows: ment rate is 12.9 percent. That is the

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1726 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 official rate. Unofficially, it is much enough demand to justify these tax in- Mr. DORGAN. Mr. President, the leg- higher, as many people have dropped centives; they will not be used. islation on the floor of the Senate at out of the workforce. If you look at One of the things that does generate this point includes legislation that I sectors in terms of ethnicity or age, demand, consumer demand particu- have worked on with my colleagues for the numbers are even more startling. larly, is the unemployment compensa- about 3 years. It is a bipartisan piece of The bill we passed this morning is a tion program. It is not the way we legislation called the Travel Pro- good first step forward, but we have to want to do it. What we would like to motion Act. I wish to talk just a bit do much more. see is a productive economy with jobs about it today, but before I do, let me I think one of the first jobs we have where the demand comes not only from describe the reasons for its importance. to address is the extension of unem- people working but their being com- When we began to put this together— ployment benefits. They will expire pensated and also being able, with dis- as I said, 3 years ago last month, work- this Sunday. We have to recognize cretionary income, to make consump- ing with a good number of sectors in that, despite many efforts here, there tion choices that today they cannot. our economy to try to evaluate how do are millions of Americans who are As I said before, we have to think we promote international tourism to looking every day and not finding about an agenda for jobs. We passed the United States—we were not in a work. They need support. one piece of legislation today. We are very deep recession. We were in a pe- All of the economists who have discussing the travel legislation at this riod of economic growth. In the inter- looked at these programs indicated moment. We have to then move to the vening period, our country has fallen that not only do they support individ- legislation with respect to unemploy- into a very significant and deep reces- uals and families, they provide a tre- ment compensation. We also have to sion. It makes the urgency all that think about supporting the States with mendous multiplier of economic activ- much greater to create new jobs and to additional FMAP, that is, the funds for ity for every dollar we commit to the do so as soon as possible. Medicaid, because, again, not only will program. There is, as they say, a big Somewhere around 15 million to 17 that help our States, but without it bang for the buck. People who are million people, according to official es- you are going to see a contraction in without a job will take their benefits timates, woke up this morning in this our health care industry in terms of country of ours without a job. They and invariably they will have to sup- hospitals being able to hire or willing port themselves in terms of going to want a job. They want work. They have to hire. So we have many steps to go looked for work, but they can’t find a the grocery store—doing the things forward. job in the United States of America. you have to do just to get by day by One aspect of this issue, which I Now, that number of 15 million to 17 day. They are not typically saving this would like to mention is that many of million is ominous enough. Just think money. That helps in the sense of in- these programs we have talked about— of one person this morning who woke creasing demand in the economy over- for example, the tax credits for hir- up not able to work because they can’t all, increasing our economic growth. ing—are nationwide and they miss the find a job, and then think of 15 million If Congress fails to act swiftly, 1,200 point that there are some areas that or 17 million, and then fast-forward and Rhode Islanders will start losing their are much more affected by unemploy- think of perhaps 25 million to 26 mil- benefits each week. It is a small State ment than other areas. We have lion, which is what is estimated to be and that is a big number. We have States—and their good fortune is some- the total population of people who are never before in our history, at least thing we should be proud of—that have unemployed in America, many of whom postwar history, ever terminated ex- rates as low as 4.7 percent for unem- have stopped looking for work because tended unemployment and emergency ployment. Yet they will qualify for they couldn’t find work at all. This is unemployment benefits until unem- these general, generic programs. a very big problem, and it affects our ployment was at least 7.4 percent. At As we go forward and start thinking country in many ways. It affects the that point it appears, in most cases, about additional steps, I think we also economy in a devastating way. It is that there is a self-sustaining economic have to think about how we can target very hard on American families when growth that will itself begin to con- those programs to areas that have crit- they are not able to find work to be tinue to lower the unemployment rate. ical unemployment situations. Rhode able to take care of themselves. It re- Island, at 12.9 percent, is one, but there We are far from 7.4 percent. As I said, sults in more Federal spending for un- are many others. If you look within in my State it is 12.9. The national av- employment insurance and the other States, there are regions that have sig- erage is hovering around 10. things. So we are trying to find ways to nificant unemployment problems. We have to do this. Congress has put people back to work. acted eight times—1958, 1961, 1971, 1974, Again, we have taken steps to extend Earlier this week we passed, with the our benefits, but as we go forward, as 1982, 1991, 2002, 2008—to establish tem- leadership of Senator REID and many we consider additional legislation, let’s porary federal unemployment benefit others—work that I and Senator DUR- also think seriously about how to programs beyond regular unemploy- BIN, Senator SCHUMER, and many oth- make it more effective, more efficient, ment compensation and extended bene- ers have done—a jobs bill that will more targeted. fits. Not to extend these benefits would begin putting people back to work I again urge all my colleagues to con- essentially reject the consistent record when it is signed by the President. The of this Congress of helping Americans tinue the effort and spirit which resulted today in an overwhelming vote legislation that Senator REID brought when the unemployment rate has to the floor today includes the Travel reached such extraordinary proportions for a program that will help Americans and move our country and our econ- Promotion Act, which will also put as it is today, whether the majority is omy forward. people back to work. I wish to talk Republican or Democrat. Last Novem- Madam President, I yield the floor through this and explain why this is ber, we did approve, without opposi- and suggest the absence of a quorum. important. tion, an expansion of up to 20 weeks, The PRESIDING OFFICER. The Let me begin by saying that on 9/11/ but now we need to pass a further ex- clerk will call the roll. 2001, we were the victims of a dev- tension. The assistant legislative clerk pro- astating terrorist attack on our coun- As I said before, this is not just about ceeded to call the roll. try. Thousands of Americans were helping families and individuals, it is The ACTING PRESIDENT pro tem- killed that day. As a result, since that also about helping the economy. For pore. The Senator from North Dakota. period of time we have been engaged in every $1 we invest in our unemploy- Mr. DORGAN. Mr. President, I ask an effort to prevent terrorism, to track ment benefits, we see $1.90 in economic unanimous consent that the order for down the terrorists and destroy the activity overall throughout the econ- the quorum call be rescinded. terrorist networks that would visit omy. The ACTING PRESIDENT pro tem- that kind of tragedy upon our country. One of the reasons I heard to oppose pore. Without objection, it is so or- But also during that period and fol- this morning’s legislation: There is not dered. lowing, it became clear to the rest of

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1727 the world that our country was clamp- Are you seeing the world? Come to our them here and saying: Come to Amer- ing down on visitation to our country. country. Come to see what is hap- ica, see what we have to offer. Many people believed: The United pening. We ought to be engaged in this proc- States doesn’t want us to visit them The poster says: Looking for an expe- ess, but we are not. This legislation we anymore. It is harder to get a visa to rience to remember? Be part of an ad- are bringing to the floor of the Senate come to the United States. We are not venture you will never forget. Come is legislation that will actually in- welcome in the United States. So what and see Australia. See the wonders. It crease jobs, we think, by close to 40,000 happened was, there was a dramatic re- is true what they say: To find yourself jobs, according to the estimates. So duction in visitation to our country by sometimes you need to lose yourself. In you will increase 40,000 jobs and, in ad- overseas travelers. Australia they call this ‘‘going dition to that, the CBO says this will Why is that important? When you walkabout.’’ So a big campaign: If you reduce the Federal budget deficit by have millions of people who are trav- are traveling, come to Australia. Come nearly $1⁄2 billion. How many pieces of eling around the world to go experience and see what we have to offer. legislation come to the floor of the and see the sights and take vacations A campaign for the Emerald Isle: Go Senate that will both create jobs and and so on, they are spending a fair where Ireland takes you. If you are reduce the budget deficit and also give amount of money on those trips. They taking a trip, be sure and visit Ireland. us the opportunity to tell the rest of are creating jobs in many areas, not Come to Ireland, it says. It is an inter- the world what a wonderful and great just hotels and cars and restaurants national campaign. place this country is? and so on but in many other areas as Japan says: Sweet secrets from That is the reason for this legisla- well. Our country, for the last 6 to 8 Japan. With its many unique culinary tion. As we build, one step at a time, years, has had the experience in which arts, they entice travelers; a stunning opportunities to create additional jobs, the rest of the world has said: We are array of specialties, and on and on. this is part of it. The Congressional going to visit Italy, France, Japan, and Come to Japan. Thinking of traveling? Budget Office has said that enacting S. India. But fewer of us are going to visit Show up in Japan. 1023 would reduce the budget deficit. I the United States of America. Are you taking a trip with your fam- think it will do that and help our coun- In fact, we have seen a circumstance ily? How about coming to the Eiffel try. The specifics of this legislation will where after 9/11, we had fewer and Tower. Come to France in 2009. Vive la encourage international travel to all fewer visitors coming to our country; France. So France and Japan and India parts of this country. I think it will that is, fewer than came before, and and Ireland say: Come and see us. provide economic growth to all parts of last year, in 2009, we had 2.4 million Belgium’s national campaign says: If our country. This creates a corporation fewer people visit our country than vis- you are traveling with your family, for travel promotion. That is what we ited our country in the year 2000. Let come to Belgium where fun is always create—an independent, nonprofit cor- me say that again because I think it is in fashion. poration to be governed by an 11-mem- important. We had 2.4 million fewer Brussels, sophisticated simplicity, the cap- ber board of directors appointed by the people come to the United States of ital of cool. Secretary of Commerce, and it creates I think you get the point. This one America to visit as overseas travelers the Office of Travel Promotion in the says: than visited in the year 2000. Department of Commerce—one that The Presiding Officer is from the One special reason to visit India in 2009. used to exist but no longer does, and it State of New Mexico. It is a wonderful Any time is a good time to visit the land of Taj, but there is no time like now. hasn’t for a long while. State, and I know it is a State that at- The purpose of this is to engage in tracts a lot of visitation not only from So we have millions of people trav- the kind of campaign that exists in people in our country but from people eling around the world. On average, most other countries in the world and who come from outside of America to overseas travelers spend over $4,000. All to say to those traveling around the see the wonders of New Mexico. But it of these countries are saying to those world: Come here. You are welcome doesn’t matter whether it is the won- overseas travelers: Come to our coun- here. We want you here. Come and un- ders of New Mexico or Old Faithful in try. See our country and the wonders derstand and experience this country Yellowstone or Niagara Falls or you of what we have to offer the world. called the United States of America. name it—the cities or the wonders of In the United States of America, we Let me pay special attention to the our country, the great national parks— have not done that. That is why, in my work Senator REID has done, and Sen- 2.4 million fewer people showed up last judgment, at least in part, we had 2.4 ator ENSIGN who is a cosponsor and year to visit our country. million fewer visitors last year than we worked on this in the Commerce Com- Let me explain why that has hap- had in 2000. That is pretty unbeliev- mittee with me, Senator INOUYE, Sen- pened. Here are some headlines. The able. ator VITTER, and Senator KLOBUCHAR. Sydney Morning Herald, Sydney, Aus- This proposition is simple. There is a Let me say that Senator KLOBUCHAR, in tralia, headline: ‘‘Coming to America problem. The number of people be- the Commerce Committee working on Isn’t Easy.’’ It describes the difficulty tween the years 2000 and 2009 visiting tourism following my chairmanship of of getting visas and coming to Amer- other countries—overseas travel—has the tourism subcommittee, has taken ica. increased by 31 percent. During the on this issue with gusto and is a very The Guardian in England says: same period the number of overseas important part of getting this done. ‘‘America: More Hassle Than it’s travelers coming to the United States My hope is that when we finish this, Worth?’’ Again, difficulty coming to has decreased nearly 10 percent. So when the President signs this bill, all America. overseas travel is up, but travel to of us will understand that at a time The Sunday Times in London: ‘‘Trav- America is down. when there is so much partisanship, el to America? No Thanks,’’ says the There is another important point and when it appears to the American headline. here. There has been a lot of polling people that so little can be agreed upon The newspaper says: done, and it is clear that to visit Amer- and that so little gets done—there is It is already a nightmare, but now they ica is to have great respect for and love all that notion out there—the fact is, want to make entry into the U.S. tougher, so for this country. There is almost no this is bipartisan, good for the country, let’s not go. one who comes to this country and will reduce the budget deficit, and it Well, let me describe what is hap- tours and travels and visits our coun- will increase jobs and put people back pening in other countries at the same try who doesn’t leave America with a to work. time we are taking leave on this issue. special understanding of the wonders of If ever something had all of the Other countries are very busy adver- this great place. At a time when we things that are necessary to have merit tising to the world to say: Are you want people to understand more about and to be worthy, this legislation sure- traveling? Are you taking a vacation? our country, we ought to be inviting ly does that.

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Sec- how in many areas of the country, with country would especially visit North ond, it will give us the funds we need to the recession, business in convention Dakota and Minnesota and stay for a better process the visas because it is centers had gone down nationally, and very long period of time—yes, we all expected to bring in—and this is the es- someone whispered, ‘‘Ours has gone have parochial interests—and perhaps timate of the nonpartisan organiza- up.’’ People are looking for different North Dakota even more than Min- tion—1.6 million new international things, and maybe we will have our nesota, I might say from my own per- visitors each year. They spend $4,500 on convention in Duluth, which is a little spective. I do think it is seldom that average when they come here. You can less expensive. They can look at Lake we can come to the floor and say here do the math—1.6 million new visitors Superior instead of looking at the Pa- is a piece of legislation that Repub- times $4,500 every single year. There is cific Ocean. licans and Democrats support. some expectation that the bill could We are proud of this country, and we We had one vote on it already. It had generate $4 billion in new spending and want other people to visit. We want 79 votes in support in the Senate. Sel- $321 million in Federal tax revenue. In them to spend their money in America dom can we say here is a bill that is bi- addition, the bill is estimated to create and help create 41,000 new jobs. That is partisan that does a lot of good things 41,000 new jobs. what this bill is about. I am very hope- for our country. What is the cost to the taxpayer? I ful that we are going to finally get this Thanks to the majority leader for have been pushing on deficit reduction, bill passed and support the tourism but what is the cost to the taxpayer? putting this back on the floor. I con- part of our economy, which employs Zero. I think that is a great thing gratulate him for his work on it and one in eight Americans. Let’s keep it about this bill. We are doing something my colleague Senator KLOBUCHAR as strong and going. to create jobs. We are doing it at zero well. I see that Senator DORGAN is back. I cost. As you know, there is a small fee I yield the floor. thank him so much for his tremendous The ACTING PRESIDENT pro tem- on foreign visitors to our country, like leadership. I am proud that I got the pore. The Senator from Minnesota is other countries do to our people when opportunity to take over the sub- recognized. they visit—with Canada exempted. Ms. KLOBUCHAR. Mr. President, I What I found out is that the people committee that deals with tourism. A ask unanimous consent to speak for up who care about this bill are not just in lot of the work had been done on this to 10 minutes. the Halls of Congress and in our major bill. The ACTING PRESIDENT pro tem- cities. When I was in Grand Marais, I yield the floor. The ACTING PRESIDENT pro tempore. Without objection, it is so or- International Falls, Bemidji, and the pore. The Senator from North Dakota dered. Brainerd Lakes area—home of the stat- is recognized. Ms. KLOBUCHAR. Mr. President, I ue of Paul Bunion and Babe the Blue Mr. DORGAN. Mr. President, I men- thank Senator DORGAN for his great Ox—they were excited about this be- tioned that there are incremental ways leadership. For so long, he has been cause they have seen a decrease in visi- to create jobs, which is important. Sen- working on this. I have a feeling this is tors from Canada. They want to be able ator REID has taken the lead to bring finally going to get done. It is true and to market our country. we invite the Presiding Officer to visit We have gotten so far behind. A lot of bills to the floor to do that with, ear- North Dakota and Minnesota. I think people living in, say, France are decid- lier this week, the jobs bill that was he thinks the State of New Mexico is ing where to go on their summer vaca- passed and, in addition, the Travel Pro- pretty cool, but he has never been to tion. They are thinking: Am I going to motion Act. Teddy Roosevelt Park in North Da- go to America, where maybe it will I want to mention as well that the kota. take months to process my visa, or am majority leader indicated he intends to So often marketing campaigns for I going to spend my vacation in Eng- bring the FAA Preauthorization Act to our country are done by specific cities land, just across the channel or maybe the floor of the Senate, probably dur- such as Las Vegas and New York, I will go to Mexico. That is what is ing this work period. It is also going to which is important. But when you look happening. That is where we have lost be job creating. I chaired the Aviation at this country, marketing our country 20 percent of the overseas travel. Subcommittee in the Senate. It is very as a whole is going to mean something. Look at this chart. There were 48 important that we reauthorize the We are competing against countries million more global overseas travelers FAA and pass the legislation called the world over that do this all the in 2008 than in 2000. More people are NextGen, to do the next generation of time. That is why we have seen a 20- traveling. We have seen the marketing air traffic control systems. We have an percent decrease in international visi- power across this world. There were archaic system of ground-based radar tors. 633,000 fewer who have visited the that controls the airplanes in the When I held a hearing on this issue, United States than in 2000. So world American skies. along with former Senator Martinez, travel is going up. You can see the big Most people are walking around with this past year, there was a story in the increase globally. But the number of cell phones that have a much more so- Washington Post, in good humor, about people coming to the United States has phisticated way of tracking anything— all the Senators hawking their own gone down. That means less jobs in this a GPS. Most kids have the opportunity States and the deals you could get— country. to be able to track—if their friends whether it was Senator BEGICH’s $99 Mr. President, I believe we need to be want them to—the location of their cruise in Alaska or the stuff I talked on an equal playing field with the rest friends at any moment. They can track about with Duluth, MN. We were doing of the world. If we want to compete in up to 20 friends. that because people need to know our goods that we want to produce and Teenage kids can track their friends, about the opportunities in America. send overseas, we also have to compete but we cannot track an airplane in the Doing it at a Commerce Committee in the tourism market. In Duluth, MN, sky with a GPS. More commercial air- hearing is not going to be anything it was hard times in the 1980s. It was so liners are not equipped. We don’t have compared to what France, Indonesia, bad that they put up a billboard that the NextGen system that would mod- and other countries are doing. They are said: ernize our air traffic control system bringing in visitors. They spend thou- Will the last person to leave turn off the and allow them to fly more direct sands and thousands of dollars. lights. routes from place to place, with less We are doing this jobs bill this week, They rebuilt because they were spacing, using less fuel, better for the and an important part of that is the smart; the businesses were smart about environment. All of those things will

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I hope the vote is a watershed. agreed very strongly that where you I appreciate the majority leader say- Over the past few months, I have have decrepit infrastructure—and ev- ing that needs to be a priority to bring heard from hundreds of Rhode Island- eryone knows the United States of to the floor, get to a conference with ers who are struggling just to find America has an enormous deficit of de- the House, and get a bill passed and work. I have heard from Carole in crepit infrastructure—we are going to signed by the President. North Providence, RI, who had worked need to repair that sooner or later. There are also safety issues we have all her life but was laid off 2 years ago If we need to repair it sooner or later, to deal with in the FAA Reauthoriza- from her position as a construction why not do it now, while we need the tion Act. Tomorrow I will be chairing a project manager. Carole has a bach- jobs? If we need to repair it sooner or hearing in the Commerce Sub- elor’s degree in business administra- later, repairing it now does not add committee on Aviation on the Colgan tion and an associate’s degree in archi- anything to our Nation’s long-term li- crash in Buffalo, NY, the tragedy that tecture and she has plenty of experi- abilities. Indeed, under the old Yankee occurred on that winter icy evening, in ence as a construction project man- principle that a stitch in time saves which the Dash 8 crashed and took the ager. But for 2 years, she has been un- nine, under the commonsense principle lives of so many wonderful people and able to find any work—talented, hard that when you get to maintenance and took the life of the pilot and copilot as working, and unemployed. repair earlier rather than later, it costs well. I also heard from Nathaniel in Cov- less to do the maintenance and repair, There are so many questions about entry, RI, who recently graduated from there is actually a very strong case to that flight and the circumstances that law school. That is a wonderful be made that there are net savings led to the crash. The National Trans- achievement and is ordinarily a bench- from moving the repair of our decrepit portation Safety Board will be testi- mark that kids pass through on the infrastructure forward. So it is really a fying tomorrow at my subcommittee. I way to success—certainly to employ- win-win, as Secretary LaHood ac- will not go into all of the issues, but ment. But Nathaniel is carrying knowledged. the issue of pilot fatigue, the issue of $100,000 in student loans and cannot I look forward to continuing to work training—so many different issues—the find a job. with my colleagues as we go forward icing issue that occurred that evening. I heard from Brian in Saunderstown, past today’s watershed votes and into It will be a very important hearing to- an unemployed construction worker the following votes to help restore our morrow. who has been unable to find a job for economy and meet the needs of Carole The reason I raise it is the safety more than a year. He has been receiv- and Nathaniel and Brian and millions issue is so important. Yes, we have a ing unemployment benefits, but he is of Americans who are unemployed and system in which we fly people all over justifiably concerned that those, too, need help now. this country and the world. We have might soon run out. He loves to work. I suggest the absence of a quorum. not had fatal accidents, by and large, He doesn’t want to be on unemploy- The PRESIDING OFFICER. The in commercial aviation. It has been ment. But right now, in this economy, clerk will call the roll. enormously safe. The most recent acci- there is no other option for Brian and The assistant bill clerk proceeded to dents have been accidents that have for his family. call the roll. been very substantially investigated. Leader REID’s jobs bill—the HIRE Mr. DURBIN. Mr. President, I ask The Colgan crash in Buffalo, NY, has Act—will help put Rhode Islanders unanimous consent that the order for been investigated now at great length, back to work. The bill provides a pay- the quorum call be rescinded. and we will have the results of that and roll tax holiday for businesses to en- The PRESIDING OFFICER (Mr. a discussion of that at our sub- courage hiring, increased cashflow for BEGICH.) Without objection, it is so or- committee hearing tomorrow. That small businesses that can be used for dered. will also give us a roadmap of what we investments and payroll expansion, and Mr. DURBIN. Mr. President, I ask might need to address in the FAA reau- an expansion of the Build America unanimous consent to speak as in thorization bill on the safety issues. Bonds program to subsidize and en- morning business. Mr. President, I yield the floor and courage local infrastructure projects. The PRESIDING OFFICER. Without suggest the absence of a quorum. In addition, the HIRE Act extends Fed- objection, it is so ordered. The ACTING PRESIDENT pro tem- eral highway funding through the end AFRICA pore. The clerk will call the roll. of the year, which will make a $225 mil- Mr. DURBIN. Last week I joined my The assistant legislative clerk pro- lion difference for Rhode Island alone colleague Senator SHERROD BROWN of ceeded to call the roll. in 2010. Ohio on a trip to East Africa. It was an Mr. WHITEHOUSE. Mr. President, I This legislation will be a big help for important trip that took us to Tan- ask unanimous consent that the order my home State, but it is only a first zania, the Democratic Republic of for the quorum call be rescinded. step toward restoring economic Congo, Ethiopia, and Sudan. We went The PRESIDING OFFICER (Mr. growth. It is certainly not the last step in to observe American development MERKLEY). Without objection, it is so we need to take in this work session. assistance, to look at programs that ordered. As I said, I hope the vote yesterday and help the victims of HIV and AIDS, tu- Mr. WHITEHOUSE. Mr. President, I today is a watershed. Outside in Wash- berculosis, malaria, child and maternal wish to speak just briefly about today’s ington, the heavy snows of February mortality, victims of sexual violence, vote. Today, this body, in a rare but are melting away. Perhaps—just per- clean water, sanitation issues, democ- very welcome moment of at least par- haps—the blockade that has stifled the racy, governments, refugees. tial bipartisanship, voted to pass Lead- Senate is melting away a little also. In a matter of 6 days of traveling on er REID’s jobs bill. While that bill does We must now act to extend unem- the continent of Africa, Senator BROWN not include every provision I would ployment insurance and COBRA sub- and I did not have much time to our- like to see, it is certainly an important sidies to make sure unemployed work- selves, but we were not planning any. step, and I commend my colleagues ers, such as Brian, and their families We spent a lot of time meeting with from both parties for supporting these continue to be able to pay their bills people, meeting with government offi- provisions to put people back to work. and to maintain their family health in- cials, meeting with individuals who are As a Senator from Rhode Island, surance coverage. I hope we will soon part of the current political environ- which currently faces one of the high- thereafter turn to new investments in ment of Africa, but also many of their

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1730 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 lives are touched by programs in which have helped the local residents develop lives every single day. Improvements the United States is involved. a savings and loan where their modest are being made in Ethiopia and other I could not help but notice as I trav- earnings they make by selling agricul- places. I returned to Goma in the eled the extraordinarily dedicated tural produce are banked away for a Democratic Republic of Congo. It is in Americans who are in our Foreign better day. They are allowed to borrow the eastern section of that country. Service. Many of them are posted in small units of money for buying sewing The capital, Kinshasa, is far west and places around the world that are not machines, which can dramatically removed not only physically but politi- glamorous by any means. Their jobs change a life in these poor villages, or cally from many of the things hap- are hard and sometimes dangerous, and livestock or to help to pay for their pening in eastern Congo. they go to work every day without kids to go to school. I try to describe Goma to those who complaint. We need to tip our hats to In Tanzania as a whole, the PEPFAR haven’t been there. It is almost impos- them as Americans. Let me add in program, which is the United States bi- sible. Imagine one of the poorest places there Peace Corps volunteers, many lateral program for HIV/AIDS, tuber- on Earth, where people are literally who work for the nongovernment orga- culosis and malaria, and the Global starving, where they are facing the nizations, the NGOs. Many Americans Fund Program, a much larger under- scourge of disease, where malaria is the serve our best interests around the taking from many other countries, biggest killer of children. Imagine HIV/ world every day without fanfare or have made real progress in HIV, TB, AIDS and the problems they face with praise. and malaria. that. Then superimpose over that the We went to Tanzania. In Mwanza in We also visited Ethiopia, a country I misfortune of an ongoing war that has Tanzania, we encountered a group of have been looking forward to seeing. It been taking place in the eastern part of young Baylor University doctors who has the distinction in Africa of being the Democratic Republic of Congo for are doing part of their residency at a the only country in Africa that was years. There is an ongoing debate about how many people have been regional hospital, one that serves a never colonized. There was a period, a killed in this war. The debate ranges population of several million people. short period of occupation by the from the low number of about 21⁄2 mil- Can you imagine one hospital serving Italians. But they have been a kingdom lion to the high number of 6 million, that many people? That is what the under their own control, except for and they debate very violently about people are up against in Africa. that period of time since the early whether it is 6 or 21⁄2 million. Regard- We met a representative from Abbot parts of the third and fourth century less of which number, it is an outrage. Labs from my home State of Illinois and maybe even before that. They are It is a genocide which is occurring in who was there helping to build a mod- very proud of their own language, their this section of Africa with little or no ern laboratory and train local staff for own customs, their own history. They attention from anyone. the hospital. have tremendous international efforts What has caused this? Their neighbor In a small rural village several hours underway to help the Ethiopian people, is Rwanda. If you recall, in Rwanda, I down a dusty, bumpy road from the who are basically poor, struggling peo- believe the year was 1994, a terrible nearest city, we witnessed a program ple. They are struggling against the ec- genocide killed 800,000 people in the by the nongovernmental organization onomics of a poor nation, as well as span of a matter of days. Those who CARE that helped build a rudimentary HIV, AIDS, tuberculosis. They are re- were accused of the genocidal acts, but critically important health clinic. settling refugees from the war-torn many of them escaped into the neigh- It is hard to describe this to an neighboring state of Somalia. They are boring country of Congo and set up American, what an African would call trying to build a health system. their armed militias. They continued a health clinic. It is, in fact, a building One program, in particular, was pro- their violence. Not only is Goma an without windows but with openings for vided by a nongovernmental organiza- area the surrounding towns and vil- air to flow through. It is a building tion called AMREF in the Kechene lages fought over, it also happens to be that is so basic it does not have run- slum area of the capital of Addis an area that is dominated by a volcano ning water or electricity. But it is, in Ababa. Senator BROWN and I went to which erupted in 2002 and killed hun- fact, a building where 168 babies were this area. It is a slum with 380 people dreds of people and destroyed thou- born last year. living there, that has basically had to sands of basic shelters. It is also an When you see this and meet the peo- carry in water for years because there area filled with minerals and timber, ple who are delivering the babies, you was no running water. But because of gold, diamonds, basic minerals needed realize that in many parts of Africa an AMREF project, they were able to for the cell phones we take for granted health care is very basic. The man who build 22 water kiosks in the country every single day. There is money to be runs this clinic has about a year or two and one in this slum area. It seems like made, even if you just take out your of education beyond high school. The something so simple, but it has shovel and dig into the hillside and find woman who serves him is one who is changed their lives. They now have a some of these for sale. It is a rich area gifted with not only personal skills but source of safe drinking water. Very in mineral resources. a lot of human experience in delivering near the small little lean-tos they live It is also rich in other resources. babies. in, they have two showers for 380 peo- Dian Fossey has her operation there What happens if there is a complica- ple that they share and can use where for the silverback gorillas, which many tion in the middle of this village in the they had none before. They have basic of us have seen on television. They are middle of nowhere with no means of sanitation and toilet facilities, which caught in the middle of the crossfire of communication? Well, they try to get they did not have at all. the civil war. I came back to Goma. I the message to the man who runs the We were greeted by two beautiful lit- had been there several years ago. I was ambulance. The ambulance in Mwanza tle girls who gave us flowers and in- surprised at how many people said they is a tricycle, a tricycle with a flat bed vited us to a coffee ceremony. remembered I had been there and never on the back. They take a woman who is They couldn’t help but beam with thought I would return because few needing a Caesarean section, for exam- pride as we took a look at the source of people do; it is such a hard, difficult ple, put her on the back of this tricycle water and sanitation that did not exist place. We visited a hospital there and take her off for a 4-hour trip to the before. So many thousands of people in called Heal Africa. We were greeted by closest hospital. That is maternal and Africa spend hours every day carrying a lady with a British accent. As I came childcare in Africa, in Tanzania. We water back and forth. Young girls are in, she said: Welcome back. I thought are trying to help through the organi- often denied the opportunity to go to she made a mistake. She thinks I am zation CARE that I mentioned earlier. school because they have work to do. somebody else. It turns out that, in With their help, they have not only They have to carry water. Something fact, I had visited her hospital 5 years brought them the money necessary for as basic as water that we take for ago. It had changed so much, I didn’t their ambulance, this tricycle, they granted becomes a centerpiece in their recognize it, but she was still there.

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1731 Her name is Lynne Lucy. Her hus- cause they were caught in the crossfire There are frequent debates about the band Joe is a Congolese surgeon and of a war that continues. They didn’t do value of U.S. foreign assistance. When they married years ago and decided to anything wrong. Some of them are try- Americans are asked, how much do we start a hospital for the poorest people ing to rebuild their lives and stay safe spend in foreign aid, the most common in that part of Congo. They focus on in a very difficult situation. response is, about 25 percent of the children with club feet and cleft pal- Finally, we had a chance to visit Federal budget. The fact is, it is just ates. They focus on trauma victims, Sudan. I wished to go there because I over 1 percent in foreign aid around the setting fractures, victims of fires, and have stood on the floor so many times world. We spend far less as a percent- other accidents that occur. Their and given speeches about Darfur and age of our gross domestic product than major area of focus is on the women the genocide that occurred there. In many nations. But the work we do is so who are the victims of the civil war. addition to that troubled part of absolutely essential for maintaining One of the most horrible things about Sudan, there has been an ongoing bat- life, fighting disease, for making cer- this war isn’t only that people die, but tle between north and south Sudan tain that young people have a fighting they have now built in hideous torture which appears to have resolved itself chance. techniques as part of this civil war. peacefully with an election that will be President Obama recognizes that. I Women are raped and gang raped and held in the near future for the national hope we can have bipartisan support to children are mutilated in hideous, legislature and then early next year to continue our help with foreign aid, awful ways. They bring them into this decide if south Sudan will be a separate even in this difficult time. hospital and try to rebuild their bodies country. There are about 8 million peo- The last issue I will discuss on this and rebuild their lives. God bless them ple living in south Sudan. We traveled trip Senator BROWN and I took is one I for doing it, Joe and Lynne Lucy. on the only road in south Sudan. We will save for a separate presentation. When I was there last, I worried be- met with the man who is Vice Presi- But without fail, in every African na- cause they only had a handful of doc- dent of Sudan now and would be Presi- tion, I would ask them the same ques- tors. This time I walked into a class- dent, I believe, of the new south Sudan, tion: What is the presence of China in room filled with doctors. Standing in Mr. Salva Kiir. He is a former rebel your nation? Without fail, they would front of them was a doctor from the who fought in the bush for years, sur- say: It is interesting you would ask. University of Wisconsin, right smack- rounded by Governors in south Sudan The Chinese are moving into Africa dab in a part of the Midwest of which who went through the same experience. in a way we should not ignore. They I am proud to be a part, training these In just a few months, they may need to are providing capital assistance and doctors on how to treat these poor peo- build a nation. It is a daunting task. loans to countries all over Africa, I worry about it because when there ple. There is evidence of the caring and which can provide them with minerals is a power vacuum and a failed state in compassionate people of the United and resources for their economy and, Africa, people move in on it and use it States all around the world. In this sad ultimately, with markets for their for exploitive and terrorist purposes. products. Leaders in Africa, such as the situation in Goma, certainly it is need- We then went to Khartoum, which is President of Ethiopia, say to me: When ed. a legendary city in Africa, and met We have a 20,000-member U.N. peace- the West walked away from Africa, with representatives of the government keeping force known as MONUC that China stepped in. there, talking about many of the issues has been in the area for more than 10 The Chinese have a strategy and a they face and the status of Darfur years trying to bring peace. Unfortu- goal. If we don’t become sensitive to it today which, thank God, is more peace- nately, rebel groups continue cam- and what it will mean to the next gen- ful than in years gone by. One of the eration of people living in each of those paigns of brutal violence. Known war more interesting conversations we had countries, we will pay a heavy price. criminals such as Jean Bosco Ntaganda in Khartoum was with one of the Min- We have to understand that these peo- continue to play a role in the violence, isters. I brought up the issue of global ple now may be in underdeveloped despite being wanted for awful war warming, wondering if this man in the crimes. The Congolese military has middle of Africa, near the Equator, felt countries and struggling, but tomorrow tried to root out several groups but has there was a need for us to be concerned they will have a middle class, and they embraced others. It is hard to figure about global warming. will be purchasing goods and services. out the good and bad people in this He said: I can take you 300 meters They will remember that their high- conflict. But you can certainly figure from where we are meeting now. I will ways and stadiums and schools were out the victims because you see them show you the Nile River, and I will built with loans from the Chinese. Inci- everywhere. show you the impact of global warm- dentally, those loans come with strings We went to what is known as an in- ing. We could walk out into stretches attached. When the Chinese loan ternally displaced persons camp just of land that used to be islands in the money to a country such as Ethiopia, south of Goma. I find it hard to imag- middle of the river. You can walk there it is so a Chinese construction com- ine how people live there. There are now because the river is so low. Many pany can build the project using Chi- 1,800 people living there. Imagine that people in that part of Africa depend on nese engineers, technicians, and work- they are living on volcanic rock. It is the Nile for irrigation. We believe in ers. So they are providing work hard to walk on it even with shoes be- global warming. projects with the money they are loan- cause it is jagged and hurts your feet. If you want to know one of the causes ing to each country and being repaid in They live on it. They pitch tents on it. of the genocide in Darfur, it was be- local resources such as oil and min- They walk their kids to school on it. cause that area is becoming a desert, erals. We went to a little health clinic there and people are fighting over what is We can’t ignore this reality. It is and a baby was handed to me that was left of land that can be cultivated. I happening all over the world. The Chi- a heartbreaking situation, clearly mal- think about debates we have had on nese have a plan. I am not sure Amer- nourished, who had just been brought the floor of the Senate. In fact, there ica has a plan. We should. in for a few days. They were trying to are Senators who proudly say there is HANDLING OF TERRORIST SUSPECTS rescue its life. Many of the children no such thing as global warming. I Mr. President, in recent weeks, my there struggle with basic health needs. wish they could have been with me in Republican colleagues have directed a They have a school which is better Khartoum and spoken to this man barrage of criticism at President than most would find in their home vil- about evidence he is seeing in that far- Obama for his handling of terrorist lages and some security. But each of away place about changing climate and cases, and I wish to respond. them told me: We don’t have enough changes in lifestyle, genocide, and war Let’s start with the recent case of food. You look at their sources of that have followed global warming. It Umar Faruk Abdulmutallab, the man water, they are limited. It is a tough is not just an environmental issue. It is who tried to explode a bomb on a plane situation. These people are there be- a security issue. around Christmas when it was landing

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1732 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 in Detroit. My colleagues on the other ecute Mr. Abdulmutallab under the federal in December 2001 for attempting to ignite a side have been very critical of the criminal law. I am equally confident that the shoe bomb while on a flight from Paris to FBI’s decision to give Miranda warn- decision to address Mr. Abdulmutallab’s ac- Miami carrying 184 passengers and 14 crew- ings to Abdulmutallab. tions through our criminal justice system members. He was advised of his right to re- The Republican minority leader re- has not, and will not, compromise our ability main silent and to consult with an attorney to obtain information needed to detect and within five minutes of being removed from cently said, referring to prevent future attacks. There are many ex- the aircraft (and was read or reminded of Abdulmutallab: amples of successful terrorism investigations these rights a total of four times within 48 He was given a 50 minute interrogation, and prosecutions, both before and after Sep- hours), pled guilty in October 2002, and is probably Larry King has interrogated people tember 11, 2001, in which both of these impor- now serving a life sentence in federal prison. longer and better than that. After which he tant objectives have been achieved—all in a In 2003, Iyman Faris, a U.S. citizen from was assigned a lawyer who told him to shut manner consistent with our law and our na- Pakistan, pled guilty to conspiracy and pro- up. tional security interests. Mr. Abdulmutallab viding material support to al-Qaeda for pro- That is what the minority leader was questioned by experienced counterter- viding the terrorist organization with infor- said. But here are the facts. Experi- rorism agents from the FBI in the hours im- mation about possible U.S. targets for at- enced counterterrorism agents from mediately after the failed bombing attempt tack. Among other things, he was tasked by and provided intelligence, and more real-Qaeda operatives overseas to assess the the FBI interrogated Abdulmutallab cently, he has provided additional intel- Brooklyn Bridge in New York City as a pos- when he arrived in Detroit. According ligence to the FBI that we are actively using sible post-9/11 target of destruction. After to the Justice Department, during this to help protect our country. We will con- initially providing significant information initial interrogation, the FBI ‘‘ob- tinue to share the information we develop and assistance to law enforcement personnel, tained intelligence that has already with others in the intelligence community he was sentenced to 20 years in prison. In proved useful in the fight against Al and actively follow up on that information 2002, the ‘‘Lackawanna Six’’ were charged Qaeda.’’ After the interrogation, around the world. with conspiring, providing, and attempting Abdulmutallab refused to cooperate 1. Detention. I made the decision to charge to provide material support to al-Qaeda Mr. Abdulmutallab with federal crimes, and based upon their pre-9/11 travel to Afghani- further with the FBI. Only then, after to seek his detention in connection with stan to train in the Al Farooq camp operated his refusal, did the FBI give him a Mi- those charges, with the knowledge of, and by al-Qaeda. They pled guilty, agreed to co- randa warning. What the FBI did in with no objection from, all other relevant de- operate, and were sentenced to terms rang- this case was nothing new. During the partments of the government. On the ing from seven to ten years in prison. There Bush administration, the FBI also gave evening of December 25 and again on the are many other examples of successful ter- Miranda warnings to terrorists de- morning of December 26, the FBI informed rorism prosecutions—ranging from Zacarias tained in the United States. its partners in the Intelligence Community Moussaoui (convicted in 2006 in connection I respect Senator MCCONNELL, but I that Abdulmutallab would be charged crimi- with the 9/11 attacks and sentenced to life in say, respectfully, that he got his facts nally, and no agency objected to this course prison) to Ahmed Omar Abu Ali (convicted in of action. In the days following December 2005 of conspiracy to assassinate the Presi- wrong as stated on the floor of the Sen- 25—including during a meeting with the dent and other charges and sentenced to life ate. Frankly, this unfounded criticism President and other senior members of his in prison) to Ahmed Ressam (convicted in of the FBI and their techniques should national security team on January 5—high- 2001 for the Millenium plot to bomb the Los be corrected. That is why I stand here level discussions ensued within the Adminis- Angeles airport and sentenced to 22 years, a today. tration in which the possibility of detaining sentence recently reversed as too lenient and Attorney General Eric Holder re- Mr. Abdulmutallab under the law of war was remanded for resentencing)—which I am cently sent a detailed, 5-page letter to explicitly discussed. No agency supported happy to provide upon request. the use of law of war detention for In fact, two (and only two) persons appre- Senator MCCONNELL explaining what Abdulmutallab, and no agency has since ad- hended in this country in recent times have actually happened in this case. vised the Department of Justice that an al- been held under the law of war. Jose Padilla I ask unanimous consent that it be ternative course of action should have been, was arrested on a federal material witness printed in the RECORD. or should now be, pursued. warrant in 2002, and was transferred to law of There being no objection, the mate- Since the September 11, 2001 attacks, the war custody approximately one month later, rial was ordered to be printed in the practice of the U.S. government, followed by after his court-appointed counsel moved to RECORD, as follows: prior and current Administrations without a vacate the warrant. Ali Saleh Kahlah Al- OFFICE OF THE ATTORNEY GENERAL, single exception, has been to arrest and de- Marri was also initially arrested on a mate- Washington, DC, February 3, 2010. tain under federal criminal law all terrorist rial witness warrant in 2001, was indicted on Hon. MITCH MCCONNELL, suspects who are apprehended inside the federal criminal charges (unrelated to ter- U.S. Senate, United States. The prior Administration rorism) in 2002, and then transferred to law Washington, DC. adopted policies expressly endorsing this ap- of war custody approximately eighteen DEAR SENATOR MCCONNELL: I am writing in proach. Under a policy directive issued by months later. In both of these cases, the reply to your letter of January 26, 2010, in- President Bush in 2003, for example, ‘‘the At- transfer to law of war custody raised serious quiring about the decision to charge Umar torney General has lead responsibility for statutory and constitutional questions in Farouk Abdulmutallab with federal crimes criminal investigations of terrorist acts or the courts concerning the lawfulness of the in connection with the attempted bombing of terrorist threats by individuals or groups in- government’s actions and spawned lengthy Northwest Airlines Flight 253 near Detroit side the United States, or directed at United litigation. In Mr. Padilla’s case, the United on December 25, 2009, rather than detaining States citizens or institutions abroad, where States Court of Appeals for the Second Cir- him under the law of war. An identical re- such acts are within the Federal criminal ju- cuit found that the President did not have sponse is being sent to the other Senators risdiction or the United States, as well as for the authority to detain him under the law of who joined in your letter. related intelligence collection activities war. In Mr. Al-Marri’s case, the United The decision to charge Mr. Abdulmutallab within the United States.’’ Homeland Secu- States Court of Appeals for the Fourth Cir- in federal court, and the methods used to in- rity Presidential Directive 5 (HSPD–5, Feb- cuit reversed a prior panel decision and terrogate him, are fully consistent with the ruary 28, 2003). The directive goes on to profound in a fractured en banc opinion that the long-established and publicly known policies vide that ‘‘[f]ollowing a terrorist threat or President did have authority to detain Mr. and practices of the Department of Justice, an actual incident that falls within the Al-Marri, but that he had not been afforded the FBI, and the United States Government criminal jurisdiction of the United States, sufficient process to challenge his designa- as a whole, as implemented for many years the full capabilities of the United States tion as an enemy combatant. Ultimately, by Administrations of both parties. Those shall be dedicated, consistent with United both Al-Marri (in 2009) and Padilla (in 2006) policies and practices, which were not criti- States law and with activities of other Fed- were returned to law enforcement custody, cized when employed by previous Adminis- eral departments and agencies to protect our convicted of terrorism charges and sentenced trations, have been and remain extremely ef- national security, to assisting the Attorney to prison. fective in protecting national security. They General to identify the perpetrators and When Flight 253 landed in Detroit, the men are among the many powerful weapons this bring them to justice.’’ and women of the FBI and the Department of country can and should use to win the war In keeping with this policy, the Bush Ad- Justice did precisely what they are trained against al-Qaeda. ministration used the criminal justice sys- to do, what their policies require them to do, I am confident that, as a result of the hard tem to convict more than 300 individuals on and what this nation expects them to do. In work of the FBI and our career federal pros- terrorism-related charges. For example, the face of the emergency, they acted quick- ecutors, we will be able to successfully pros- Richard Reid, a British citizen, was arrested ly and decisively to ensure the detention and

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1733 incapacitation of the individual identified as ligence, and we are actively deploying those lawful, and publicly stated policy of the FBI the would-be bomber. They did so by fol- tools in this case as well. has been to provide Miranda warnings prior lowing the established practice and policy of Some have argued that had Abdulmutallab to any custodial interrogation conducted in- prior and current Administrations, and de- been declared an enemy combatant, the gov- side the United States. tained Mr. Abdulmutallab for violations of ernment could have held him indefinitely In fact, the Bush administration federal criminal law. without providing him access to an attorney. adopted new policies for the FBI that 2. Interrogation. The interrogation of But the government’s legal authority to do so is far from clear. In fact, when the Bush said ‘‘Within the United States, Mi- Abdulmutallab was handled in accordance randa warnings are required to be with FBI policy that has governed interroga- administration attempted to deny Jose tion of every suspected terrorist apprehended Padilla access to an attorney, a federal judge given prior to custodial interviews.’’ in the United States for many years. Across in New York rejected that position, ruling That was a requirement from the Bush many Administrations, both before and after that Padilla must be allowed to meet with administration. Senator MCCONNELL 9/11, the consistent, well-known, lawful, and his lawyer. Notably, the judge in that case and others have tried to politicize this publicly-stated policy of the FBI has been to was Michael Mukasey, my predecessor as At- issue when the facts tell us otherwise. provide Miranda warnings prior to any cus- torney General. In fact, there is no court-ap- Let’s take one example from the proved system currently in place in which todial interrogation conducted inside the suspected terrorists captured inside the Bush administration. Richard Reid, the United States. The FBI’s current Miranda United States can be detained and held with- shoe bomber, tried to detonate an ex- policy, adopted during the prior Administra- out access to an attorney; nor is there any plosive in his shoe on a flight from tion, provides explicitly that ‘‘[w]ithin the known mechanism to persuade an uncoopera- Paris to Miami in December 2001. United States, Miranda warnings are re- tive individual to talk to the government This was very similar to the at- quired to be given prior to custodial inter- that has been proven more effective than the views. . . .’’ In both terrorism and non-ter- tempted attack by Abdulmutallab, an- criminal justice system. Moreover, while in other foreign terrorist who also tried rorism cases, the widespread experience of some cases defense counsel may advise their law enforcement agencies, including the FBI, to detonate a bomb on a plane. So how clients to remain silent, there are situations does the Bush administration’s han- is that many defendants will talk and co- in which they properly and wisely encourage operate with law enforcement agents after cooperation because it is in their client’s dling of the shoe bomber, Mr. Reid, being informed of their right to remain si- best interest, given the substantial sentences compare with the Obama administra- lent and to consult with an attorney. Exam- they might face. tion’s handling of Abdulmutallab? The ples include L’Houssaine Kherchtou, who 3. The Criminal Justice System as a Na- Bush administration detained and was advised of his Miranda rights, cooper- tional Security Tool. As President Obama charged Reid as a criminal. They gave ated with the government and provided crit- has made clear repeatedly, we are at war Reid a Miranda warning within 5 min- ical intelligence on al-Qaeda, including their against a dangerous, intelligent, and adapt- interest in using piloted planes as suicide utes of being removed from the air- able enemy. Our goal in this war, as in all plane and they reminded him of his Mi- bombers, and Nuradin Abdi, who provided others, is to win. Victory means defeating significant information after being repeat- the enemy without damaging the funda- randa rights four times within the first edly advised of his Miranda rights over a mental principles on which our nation was 48 hours he was detained. two-week period. During an international founded. To do that, we must use every Has America heard that side of the terrorism investigation regarding Operation weapon at our disposal. Those weapons in- story, as we have heard all these criti- Crevice, law enforcement agents gained valu- clude direct military action, military jus- cisms about Miranda warnings for able intelligence regarding al-Qaeda military tice, intelligence, diplomacy, and civilian Abdulmutallab? commanders and suspects involved in bomb- law enforcement. Each of these weapons has The Republicans have been very crit- ing plots in the U.K. from a defendant who virtues and strengths, and we use each of ical of the Obama administration for agreed to cooperate after being advised of, them in the appropriate situations. giving a Miranda warning to this De- and waiving his Miranda rights. Other ter- Over the past year, we have used the crimi- troit, attempted, would-be bomber 9 rorism subjects cooperate voluntarily with nal justice system to disrupt a number of law enforcement without the need to provide plots, including one in New York and Colo- hours after he was first detained, after Miranda warnings because of the non-custo- rado that might have been the deadliest at- a 50-minute interrogation. But they did dial nature of the interview or cooperate tack on our country since September 11, 2001, not criticize their own Republican after their arrest and agree to debriefings in had it been successful. The backbone of that President when his administration thc presence of their attorneys. Many of effort is the combined work of thousands of gave a Miranda warning to the shoe these subjects have provided vital intel- FBI agents, state and local police officers, bomber 5 minutes after he was de- ligence on al-Qaeda, including several mem- career prosecutors, and intelligence officials tained, and before he was interrogated bers of the Lackawanna Six, described above, around the world who go to work every day at all. who were arrested and provided information to help prevent terrorist attacks. I am im- How do they square this? How can mensely proud of their efforts. At the same about the Al Farooq training camp in Af- they be so critical of President Obama ghanistan; and Mohammad Warsame, who time, we have worked in concert with our voluntarily submitted to interviews with the partners in the military and the Intelligence when a similar parallel case was treat- FBI and provided intelligence on his con- Community to support their tremendous ed so differently under the Republican tacts with al-Qaeda in Afghanistan. There work to defeat the terrorists and with our President? are other examples which I am happy to pro- partners overseas who have great faith in In mid-January, Abdulmutallab vide upon request. There are currently other our criminal justice system. began talking again to FBI interroga- terrorism suspects who have cooperated and The criminal justice system has proven to tors and providing valuable intel- are providing valuable intelligence informa- be one of the most effective weapons avail- ligence—after the Miranda warnings. tion whose identities cannot be publicly dis- able to our government for both incapacitating terrorists and collecting intelligence FBI Director Robert Mueller described closed. it this way: The initial questioning of Abdulmutallab from them. Removing this highly effective . . . over a period of time, we have been was conducted without Miranda warnings weapon from our arsenal would be as foolish successful in obtaining intelligence, not just under a public safety exception that has been as taking our military and intelligence op- on day one, but on day two, day three, day recognized by the courts. Subsequent questions off the table against al-Qaeda, and as four, and day five, down the road. tioning was conducted with Miranda warn- dangerous. In fact, only by using all of our ings, as required by FBI policy, after con- instruments of national power in concert can According to another law enforce- we be truly effective. As Attorney General, I sultation between FBI agents in the field and ment official: am guided not by partisanship or political at FBI Headquarters, and career prosecutors The information has been active, useful, considerations, but by a commitment to in the U.S. Attorney’s Office and at the De- and we have been following up. The intel- using the most effective course of action in partment of Justice. Neither advising ligence is not stale. each case, depending on the facts of each Abdulmutallab of his Miranda rights nor case, to protect the American people, defeat How did this happen? The Obama ad- granting him access to counsel prevents us our enemies, and ensure the rule of law. ministration convinced Abdulmu- from obtaining intelligence from him, how- Sincerely, tallab’s family to come to the United ever. On the contrary, history shows that the ERIC H. HOLDER, Jr. federal justice system is an extremely effec- States. Then he started talking. And tive tool for gathering intelligence. The De- Mr. DURBIN. Here is what General his family persuaded him to cooperate. partment of Justice has a long track record Holder said: This is a very different approach of using the prosecution and sentencing Across many administrations, both before than we saw in the previous adminis- process as a lever to obtain valuable intel- and after 9/11, the consistent, well-known, tration, when detainees who refused to

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1734 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 talk were subjected to torture tech- prior and current Administrations without a Abdel Rahman, the so-called Blind niques such as waterboarding. single exception, has been to arrest and de- Sheikh; and the 20th 9/11 hijacker, Real life is not like the TV show tain under federal criminal law all terrorist Zacarias Moussaoui, who was tried ‘‘24.’’ On TV, when Jack Bauer tortures suspects who are apprehended inside the across the river in Virginia and now United States. someone, the suspect immediately ad- sits in a prison cell in Florence, CO. mits everything he knows. Here is Without exception. That was the Compare this with the track record what we learned during the Bush ad- standard under the Bush administra- of military commissions. Some would ministration. In real life, when people tion. have us believe that military commis- are tortured, they will say anything to The Bush administration did move sions have been so much more effective make the pain stop. So they often pro- two terror suspects out of the criminal in going after terrorists. So let’s look vide false information, not valuable injustice system after they were ar- at the record. Mr. President, 195 terror- telligence. rested. One of them was Jose Padilla. ists have been successfully prosecuted Richard Clarke was the senior coun- He was designated as an enemy com- and convicted in our criminal courts. terterrorism adviser to President Clin- batant and transferred to military de- How about military commissions? ton and President George W. Bush. tention. But then what happened? In a Since 9/11, only three individuals have Here is what he said recently about the court filing, the Bush administration been convicted by military commis- Obama administration’s approach: admitted that Padilla had not talked sions—that is 195 to 3—and two of those The FBI is good at getting people to talk to his interrogators for 7 months. They individuals spent less than a year in . . . they have been much more successful said: prison and are now living freely in than the previous attempts of torturing peo- There are numerous examples of situations their home countries of Australia and ple and trying to convince them to give in- where interrogators have been unable to ob- Yemen. formation that way. tain valuable intelligence from a subject GEN Colin Powell, the former head of Would Abdulmutallab’s family have until months—or even years, after the inter- the Joint Chiefs of Staff and Secretary traveled to the United States and per- rogation process began. of State under President Bush, sup- suaded him to cooperate if they Two important points about the ports prosecuting terrorists in Federal thought he was being tortured here? I Padilla case: My Republican colleagues courts. Here is what he said about mili- do not think so. A senior Obama ad- criticize the Obama administration for tary commissions last week: ministration official said: holding Abdulmutallab under our The suggestion that somehow a military One of the principal reasons why his family criminal laws. But Padilla was held in commission is the way to go isn’t borne out came back is that they had complete trust in military detention and the Bush ad- by the history of the military commissions. the U.S. system of justice and believed that ministration acknowledged that he did What would GEN Colin Powell know [their son] would be treated fairly and appro- not talk to his interrogators for at about the history of military commis- priately. least 7 months. Second, Republicans sions? A heck of a lot, having given his You do not hear that much. There is argue that intelligence from life to the U.S. military in dedication a belief that if you do not waterboard Abdulmutallab, after several weeks in to his country. His opinion means a lot a person or torture them, you are not detention, was stale and worthless, but to me. going to get information. Exactly the the Bush administration argued that Military commissions are unproven opposite happened here. This man was information gathered from Padilla venues, which ultimately may serve us treated respectfully through our sys- after months—or even years—was still well in some circumstances, but to say tem of justice. He was not given special valuable. they are all good and courts are all bad favors. He was treated like the crimi- There is no consistency in the posi- is to ignore the obvious and ignore the nal who I believe he is, and yet he was tion they have taken on the other side evidence. treated in such a manner that his fam- of the aisle. Just 2 days ago, there was more com- ily was willing to come to the United In the end, the Bush administration pelling evidence about the effective- States and beg him to cooperate with changed course on Padilla. They trans- ness of Federal courts. Attorney Gen- our government, which he did at the ferred him back to the criminal justice eral Holder announced that Najibullah end of the day. system for prosecution. He was con- Zazi has pleaded guilty to plotting to So how do my Republican colleagues victed. He is now serving a long sen- bomb the New York subway system. respond to this development? Did they tence in a Federal supermax prison— Zazi, who planned the bombing with al- commend the Obama administration convicted in our criminal courts. Qaida while he was in Pakistan, could for successfully bringing his family What about the shoe bomber? Rich- be sentenced to life in prison without over and getting more information? ard Reid was also prosecuted and con- parole—convicted in the Federal crimi- No. They now claim the intelligence victed in the criminal justice system. nal courts. from him was worthless. They have no He is now serving a life sentence with- Here is what Attorney General Hold- basis for saying that, but they do any- out parole in a Federal supermax pris- er said about the subway bombing plot: way. on, where he will never again threaten This is one of the most serious terrorist During the previous administration, an American life. threats to our nation since September 11th, My Republican colleagues did not 2001 . . . This attempted attack on our home- Republicans argued that detainees held land was real, it was in motion, and it would at Guantanamo were still providing complain when the Bush administra- have been deadly. . . . In this case as in so valuable intelligence for years after tion prosecuted Reid and Padilla in many others, the criminal justice system has they were arrested. Now they are say- criminal courts. But now they argue proved to be an invaluable weapon for dis- ing that days and weeks after terrorists such as Abdulmutallab and rupting plots and incapacitating terrorists. Abdulmutallab was arrested his intel- Khalid Shaikh Mohammed should be I hope all my colleagues—Democrats ligence was worthless. They cannot tried in military commissions only be- and Republicans—will join me in com- have it both ways. cause Federal courts are not well suit- mending the Obama administration for My colleagues on the other side of ed to prosecute terrorists. their success in disrupting this dan- the aisle argue that Abdulmutallab Well, let’s look at the numbers. Since gerous plot and bringing Zazi to jus- should be held in military detention as 9/11, 195 terrorists have successfully tice. I sincerely hope this case will an enemy combatant. But terrorists ar- been prosecuted and convicted in our cause some of the critics of trying ter- rested in the United States have al- Federal court system. Besides Reid and rorists in Federal courts pause to at ways been held under our criminal Padilla, here are just a few of the ter- least reflect on the obvious. This was a laws. Here is what Attorney General rorists who have been convicted in our successful prosecution—another one, Eric Holder said in his letter to Sen- Federal court system and are now serv- 195 of them since 9/11. ator MCCONNELL: ing long prison sentences: Ramzi There is a great irony here. For 8 Since the September 11, 2001 attacks, the Yousef, the mastermind of the 1993 long years, during the Bush-Cheney ad- practice of the U.S. government, followed by World Trade Center bombing; Omar ministration, Republicans used to

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1735 argue that we should not criticize the efforts against Al Qaeda, often with total order; that upon disposition of the Reid administration’s national security disregard to the facts and frequently blowing substitute amendment, the bill, as policies. Time and again, they told us issues totally out of proportion, while ignor- amended, be read the third time; and it was inappropriate—maybe even un- ing the more important challenges we face in following the reading by the clerk of defeating terrorists. American, some of them said—for Con- the budgetary effects of pay-go legisla- gress to ask basic questions about the Mr. President, 9 years after 9/11, al- tion with respect to H.R. 1586, the Sen- Bush administration’s policies on Qaida still is a serious threat to Amer- ate proceed to vote on passage of the issues like Iraq, Guantanamo, torture, ica. We know that terrorists are plot- bill, as amended; that upon passage the warrantless wiretapping. Time and ting to attack us even as we speak. title amendment, which is at the desk, again, we were reminded there is only President Obama knows it as well. He be considered and agreed to. one Commander-in-Chief. But now Re- understands as Commander in Chief The PRESIDING OFFICER. Is there publicans feel it is fair game to second- that he has a special commitment to objection? guess every decision President Obama the American people to keep us safe. Mr. BUNNING. Mr. President, I ob- makes in the area of combating ter- Congress is a political body and this is ject. rorism. an election year, but this issue is too The PRESIDING OFFICER. Objec- I think we have a right, an obliga- important to become a political foot- tion is heard. tion, as Senators, to ask questions of ball. Democrats and Republicans Mr. REID. Mr. President, as usual, all Presidents regardless of party. But should be united in supporting all of prior to coming to call off the quorum, I think we also have an obligation for the efforts of all of the good men and I had a visit with my friend from Ken- fairness and balance, as one of the no- women, including the President, in try- tucky, who is someone for whom I have torious networks says. In this case, I ing to fight terrorism and keep Amer- the greatest respect. I am going to think if you look at the evidence in a ica safe. miss him so much, as I have said pub- fair and balanced fashion, you can see Mr. President, I yield the floor, and I licly and privately. In the days of my we are in a situation where the ap- suggest the absence of a quorum. youth, I, of course, wanted to be the proach of using Federal criminal courts The PRESIDING OFFICER. The baseball player that he turned out to has worked. It has worked because we clerk will call the roll. be. But that is another story. I didn’t know we have the very best in the FBI The bill clerk proceeded to call the want to pitch. I wanted to be some- and the Department of Justice, and roll. thing else—a catcher or a shortstop. they have a track record of success. We Mr. REID. Mr. President, I ask unan- Mr. President, I regret that my have an obligation to get the facts imous consent that the order for the friend has objected to this modest re- right when we either defend or criticize quorum call be rescinded. quest. Earlier today, I was advised by the President. The PRESIDING OFFICER. Without the Republican leadership that they I am also concerned about the tone of objection, it is so ordered. needed to have an amendment to be of- some of the criticism we have heard. fered on this bill. As noted above, we f We can surely disagree with this ad- agreed to that request. The items that ministration, but when I hear the UNANIMOUS CONSENT REQUEST— we are proposing to extend in my sub- President’s critics suggest that he is H.R. 1586 stitute amendment include unemployment insurance, COBRA, flood insur- soft on terrorism and he does not care Mr. REID. Mr. President, I ask unan- ance, highway funding, small business about defending our country, that goes imous consent that the Senate now loans, and small business provisions of over the line, as far as I am concerned. proceed to Calendar No. 36, H.R. 1586, the American Recovery Act, the Sat- Recently, Senator MCCONNELL gave a and that the Reid substitute amend- ellite Home View Act, SGR—the so- speech to the Heritage Foundation, a ment, which is at the desk, be consid- called doctor fix—and poverty guide- conservative think tank on Capitol ered read; that the Republican leader, lines. All of these provisions will expire Hill, and he said the Obama adminis- or his designee, be recognized to offer a tration ‘‘has a pre-9/11 mindset’’ and on Sunday, February 28. That is this substitute amendment, and that there coming Sunday. ‘‘has a blind spot when it comes to be 60 minutes for debate with respect prosecuting this war.’’ I think those Agencies have been already sending to that amendment, with the time out notices to unemployed workers— statements go too far. equally divided and controlled between GEN Colin Powell has a different agencies such as a number of transpor- the leaders or their designees; that opinion, different than Senator MCCON- tation departments around the country upon the use or yielding back of time, NELL. Here is what he said last week- have sent out notices that their work and if a budget point of order is made end: had come to a stop, so they would not against the amendment, a motion to To suggest that somehow we have become be getting benefits. much less safe because of the actions of the waive the relevant point of order be It is critical that these programs administration, I don’t think that’s borne considered made, and the Senate then continue so that Americans who are al- out by the facts. vote on a motion to waive the point of ready struggling can continue to get What is the motivation for this criti- order; that if the waiver is successful, this modest relief. Therefore, I regret cism of the President? Well, as Senator the amendment be agreed to and the the objection of my friend from Ken- MCCONNELL said to the Heritage Foun- Reid substitute, as amended, be agreed tucky. I hope we can work through this dation: to; that if the waiver fails, the amend- objection and continue these important You can campaign on these issues any- ment be withdrawn; further, that there programs. where in America. be 30 minutes for debate with respect Mr. President, we have been told by I guess he is right. I guess there is al- to the Reid substitute amendment, the Congressional Budget Office that ways room for fear, and peddling fear is with the time equally divided and con- the No. 1 stimulative to our struggling something that is going to appeal to a trolled between the leaders or their economy is to give people who are out lot of people. It is right that we be designees; that upon the use or yield- of work, and have been out of work for mindful of the threat of terrorism and ing back of time, and if a budget point a long time, unemployment benefits. we do everything in our power to stop of order is made against the amend- That money goes right into the econ- it from ever occurring again. But living ment, a motion to waive the relevant omy—whether it is in Anchorage, Las and quivering in fear, is that what point of order be considered made, and Vegas, or Louisville. America should be all about? the Senate then vote on the motion to COBRA—there are people who are Richard Clarke, the senior counter- waive the point of order; that if the losing their jobs and they need the terrorism adviser to Presidents Clinton waiver is successful, the Senate pro- ability to buy insurance. Statutorily and Bush, said: ceed to vote on adoption of the Reid now they can do that, but this is going Recent months have seen the party out of substitute amendment; further, that no to expire. Highway funding—I have al- power picking fights over the conduct of our further amendments or debate be in ready talked about that. It is just a

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1736 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 real shame, and I am sorry that we this done. We are going to take up this The PRESIDING OFFICER. The bill can’t get this done by February 28. But bill, all these items permanently next having been read the third time, the we can’t. This month would give us the week or at least most of it is for a year question is, Shall the bill, as amended, time we need to complete our work. or so. That will give us time to compass? As far as unemployment benefits, no- plete all this business. Even though we The bill (H.R. 3961), as amended, was tices have already gone out to thou- passed the so-called jobs bill which ex- passed. sands of Americans that their benefits tended the highway bill for a year, the Mr. REID. I move to reconsider the are going to be terminated—these un- House cannot get it done that quickly. vote, and I move to lay that motion on employed workers. They are already They can move more quickly than we the table. crushed with all the problems they can, but they cannot move that quick- The motion to lay on the table was have, and now they are not going to ly. agreed to. have unemployment benefits. That is Again, I hope we can work something Mr. REID. Mr. President, I ask unan- simply not right. out in the next 12 hours or so. There- imous consent that the title amend- I say to my friend again, I regret that fore, I object. ment, which is at the desk, be consid- we weren’t able to work this out today. The PRESIDING OFFICER. Objec- ered and agreed to and that the motion I hope there is something we can do to tion is heard. to reconsider be laid upon the table. work through this objection. We need The Senator from Kentucky. The PRESIDING OFFICER. Without to continue these important programs. Mr. REID. Mr. President, I was going objection, it is so ordered. The PRESIDING OFFICER. The Sen- to propound a unanimous consent re- The amendment (No. 3332) was agreed ator from Kentucky is recognized. quest. to, as follows: Mr. BUNNING. Mr. President, I ask Mr. BUNNING. Go ahead. (Purpose: To amend the title) unanimous consent that the Senate f Amend the title so as to read: ‘‘An Act to extend expiring provisions of the USA PA- proceed to the immediate consider- MEDICARE PHYSICIAN PAYMENT ation of Calendar No. 36, H.R. 1586; that TRIOT Improvement and Reauthorization REFORM ACT OF 2009 Act of 2005 and Intelligence Reform and Ter- the amendment at the desk, which is rorism Prevention Act of 2004 until February the text of the Reid substitute, with an Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed 28, 2011.’’. offset, be agreed to; the bill, as amend- The PRESIDING OFFICER. The Sen- ed, be read the third time and passed; to Calendar No. 252, H.R. 3961. The PRESIDING OFFICER. The ator from Kentucky. and the motion to reconsider be laid on clerk will report the bill by title. Mr. BUNNING. Mr. President, I the table. The legislative clerk read as follows: would like to go back past the original Mr. REID. Mr. President, reserving A bill (H.R. 3961) to amend title XVIII of bill we just passed for the extension for the right to object, with the provisions the Social Security Act to reform the Medi- a year and explain what my amend- that we are seeking to be extended, care SGR payment system for physicians and ment did to the original text the leader there are some of them that cost to reinstitute and update the Pay-As-You-Go was propounding. I paid for it, and I money. requirement of budget neutrality on new tax paid for it out of stimulus money. They all cost a little bit, but there and mandatory spending legislation, en- We passed in this body just last week are three items here that cost more forced by the threat of annual, automatic sequestration. a pay-go that is extended to all the than any of the others; that is, unem- bills that come through this body. We There being no objection, the Senate ployment compensation, COBRA, and passed a bill earlier this week on which proceeded to consider the bill. the SGR. If there were ever an emer- we did not do pay-go. We did not pay Mr. REID. Mr. President, there is a gency—ever—in this body, certainly it for it—at least $10 billion of it. The substitute amendment at the desk, and would be unemployment compensation cost of these extensions is another $10 I ask unanimous consent that the and COBRA moneys. billion. That means that $20 billion amendment be considered and agreed I came to the floor earlier this year— goes directly to the debt of this coun- to and that the bill, as amended, be it could have been late last year; time try. read a third time. flies—to try to get a permanent fix, as We just extended the debt limit to The PRESIDING OFFICER. Without we call it, for the SGR for 10 years. over $14 trillion. The reason I offered objection, it is so ordered. That did not get enough votes. That is the offset that the leader objected to unfortunate. And this is really unfortu- The amendment (No. 3331) was agreed to, as follows: was so that my 40 grandkids don’t have nate. This SGR, the Medicare pay- to pay the bill. We cannot keep shifting Strike all after the enacting clause and in- ments that will be allowed to doctors, our spending to our kids and our is for more than doctors; it is for doc- sert the following: SECTION 1. EXTENSION OF SUNSETS. grandkids. tors who will take Medicare patients. Believe me, I want to extend those Many doctors in America today will (a) USA PATRIOT IMPROVEMENT AND RE- AUTHORIZATION ACT OF 2005.—Section 102(b)(1) provisions just as badly as the leader not take Medicare patients. If we do of the USA PATRIOT Improvement and Re- does, but we need to pay for them. not get this extended, a lot more will authorization Act of 2005 (Public Law 109–177; That is the reason I offered my sub- not take Medicare patients. 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 stitute to his original text. Our Medicaid programs throughout U.S.C. 1862 note) is amended by striking The PRESIDING OFFICER. The ma- America are in deep trouble. I met ‘‘February 28, 2010’’ and inserting ‘‘February jority leader. Monday with 12 Governors. Everyone 28, 2011’’. Mr. REID. Mr. President, let me say said they were in desperate shape for a (b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.—Section 6001(b)(1) this: The bill we passed today is fully lot of reasons, but one of the reasons is of the Intelligence Reform and Terrorism paid for. There is no deficit spending what has happened to Medicaid. Not Prevention Act of 2004 (Public Law 108–458; whatsoever. In fact, everything was only is it important to the doctors— 118 Stat. 3742; 50 U.S.C. 1801 note) is amended paid for. Every part of that was paid and that is important—it is more im- by striking ‘‘February 28, 2010’’ and inserting for. In passing that bill, there is not a portant to the patients, and many pro- ‘‘February 28, 2011’’. cent of red ink. grams to reimburse medical profes- The PRESIDING OFFICER. The It is my understanding that with this sionals—doctors—are based on what we question is on the engrossment of the short extension we have tried to get have for Medicare reimbursement. If amendment and third reading of the done today, my friend from Kentucky we do not get Medicare reimbursement, bill. believes it should be paid for by taking it is a cyclical thing that winds up The amendment was ordered to be money out of the stimulus funds—— tearing down the whole system. engrossed and the bill to be read a Mr. BUNNING. Unspent stimulus I say to my friend that I hope some- third time. funds. one can come up with an idea during The bill, as amended, was read the Mr. REID. Yes—and pay for it that the night that would allow us to get third time. way. It is my understanding that we

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1737 are willing to have a vote on that. I say MORNING BUSINESS don’t increase pressure on the Iranian to my friend, I am pretty sure that is Mr. DURBIN. Mr. President, I ask regime. what your leader and I spoke about. I unanimous consent that the Senate Mr. President, I ask unanimous con- would be happy to have a vote on that. proceed to a period of morning busi- sent to have printed in the RECORD the Mr. BUNNING. Mr. President, I ask ness, with Senators permitted to speak article to which I just referred. for time to speak. for up to 10 minutes each. There being no objection, the mate- The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the ator from Kentucky. The PRESIDING OFFICER. Without objection, it is so ordered. RECORD, as follows: Mr. BUNNING. I have been here 24 [From the National Review] years, I say to the Senator from Ne- f WHO’S LOSING IRAQ? vada. Mr. REID. We came together. EXTENSION OF UNEMPLOYMENT AND COULD IRAN BE WINNING? Mr. BUNNING. And I have been BENEFITS (By Clifford D. May) fooled by some things and some things Mr. DURBIN. Mr. President, the last ‘‘I am very optimistic about—about Iraq. I have gone past me and I woke up after item of business considered on the Sen- mean, this could be one of the great achieve- it had already passed me. This is not ate floor was an effort to extend sev- ments of this administration.’’ one of those things that was going to eral provisions of law that will expire Vice President Joseph Biden’s comments do that. Of course, we can have a vote to CNN’s Larry King sparked a brouhaha for either late Saturday night or Sunday. an obvious reason: When they were senators, on it, and, of course, it can be defeated, One of these provisions is the extension Biden and Barack Obama opposed the and then, of course, we can pass the of unemployment benefits. It is well ‘‘surge’’ that averted America’s defeat in bill without the money. I am not will- known across America that we have Iraq. It takes chutzpah for them to now ing to risk that $10 billion being added many people out of work. A lot of them claim credit for the fruits of that strategy. to the deficit. I was not ready to risk have reached the point where their un- But a less obvious and more significant voting on a bill I knew would not get employment benefits are about to ex- point is being missed: Iraq may, in the end, the amount of votes necessary to pay pire. I have met with many of those turn out to be nobody’s achievement. It may for it. If the majority leader would turn out to be a military success trans- people in my State—in Springfield, in formed by politicians and diplomats into a have included it in his UC, I would Chicago—and heard their stories, and bipartisan failure. Recent developments in have had no problems. But he did not they are sadly very similar. Many of Iraq are ominous. The Obama administration include it in his UC. So that was the them have exhausted whatever savings is not addressing them effectively. And con- reason I asked to pay for it. they had to try to keep their homes servative critics of the Obama administra- Mr. REID. Mr. President, I don’t and their families together. They are tion are strangely silent. want to delay this any longer than nec- literally living on unemployment in- Robert Dreyfus is a journalist of the left essary. I don’t know how we could be surance benefits. with whom I seldom agree; he writes for The Nation, a publication of the far left that usu- more fair. I have not talked with my Come Saturday or Sunday, thousands Democratic Senators, but I think there ally makes my eyes roll. But in his Nation of people in my State and literally blog, Dreyfus correctly notes that as the may be some Senators on this side of more than 1 million Americans will see campaign gets underway for Iraq’s March 7 the aisle who agree with Senator BUN- their unemployment benefits stop; elections, close to 500 candidates have been NING. That is why we are here. 65,000 people in Illinois will lose their banned for alleged ties to the Baath Party by Right now, we are in a very difficult unemployment insurance benefits if we the Justice and Accountability Council, ‘‘an predicament. I think it would be too do not extend this; 1.2 million Ameri- unelected panel headed by an Iran-linked bad if people whose unemployment in- cans nationwide will lose their unem- terrorist, Ali al-Lami.’’ Among those barred are ‘‘the No. 2 and No. surance is being terminated—all we are ployment benefits. asking for is a few weeks, and then 3 candidates in the main opposition bloc, the It is all right for us to debate. It is Iraqi Nationalist Movement, which is led by after the extension it will give us time certainly our job to offer amendments former Prime Minister Iyad Allawi [a secular to have this body and the other body if we believe something should be Shia]. Already, two members of Allawi’s make a decision by voting on it. We are amended. But at the end of the day I party have been assassinated while cam- asking for a short extension. My per- think we have to be sensitive and con- paigning. . . . Allawi, who many observers sonal belief is that the extension of un- scious of the fact that a lot of people say had a credible chance of winning enough employment insurance is truly an will start to suffer in ways that most votes to lead a governing coalition after the emergency, as I indicated earlier, as I election, has suspended his campaign. . . . of us cannot imagine. When they lose Many Sunni leaders are talking about a boy- feel about COBRA. their unemployment benefits and their I understand where my friend is com- cott.’’ savings are exhausted, they are about The most serious concern here is not that ing from. I have never been a part of to lose their homes. I have seen that Iraqi democracy is fledgling and flawed—we trying to fool him in any way inten- happen, and it is going to continue to knew that. What’s troubling is the fact that tionally. As I understand it, we are happen. Iran’s militant jihadi rulers are apparently willing to vote on this legislation. If we Let’s do the right thing. Let’s find a manipulating the process—with impunity. are not able to work that out, I don’t way through this difficulty. Let’s try Most Iraqis do not want their country to know what can be more democratic be controlled by Iran. Most do not want it to to find a reasonable way to resolve it. become an Iranian satrapy like Syria, Iraq’s than that. We are all elected to make Let’s not leave here and go to the com- our choices here. I would be happy, as neighbor to the west. Most Iraqis do not fort and happiness of our families with want to live as Iranians have been living— I told the distinguished Senator from these people disadvantaged. under the thumb of oppressive theocrats and Kentucky, if he came up with some thuggish Revolutionary Guards. f way we could proceed on this issue, to But Iraqis know that American troops—the give every consideration to any pro- IRANIAN INFLUENCE IN IRAQ ‘‘strongest tribe’’—are leaving. The bullies in posal he would make. Tehran, by contrast, may be staying right I suggest the absence of a quorum, Mr. KYL. Mr. President, last week, where they are. Iran’s rulers can give you Mr. President. Clifford May, the president of the money and weapons. Or they and their The PRESIDING OFFICER. The Foundation for the Defense of Democ- treacherous agents in Iraq can have you clerk will call the roll. racies, wrote in the National Review eliminated. The legislative clerk proceeded to that the U.S. should renew its focus on The fact that Ali al-Lami is playing a central role in determining who can and who call the roll. the Iranian regime’s influence in Iraq. He warned that the success of the surge cannot run for election is—or should be— Mr. DURBIN. Mr. President, I ask alarming. In 2008, he was detained by Amer- unanimous consent that the order for in Iraq, which both the President and ican forces in connection with an Iranian- the quorum call be rescinded. Vice President opposed when they backed ‘‘Special Groups’’ militia believed to The PRESIDING OFFICER. Without served in this body, could be trans- have bombed a municipal building, killing objection, it is so ordered. formed into a ‘‘bipartisan failure’’ if we two State Department employees along with

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1738 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 six Iraqis. A ‘‘senior U.S. military intel- ning of candidates who displease Tehran. loan, Brett Wickard launched Bull ligence official’’ told the Associated Press Also true: He might as well have been talk- Moose Music in the summer of 1989, there were ‘‘multiple and corroborating re- ing to a wall. and a truly homegrown business suc- ports’’ pointing to al-Lami’s involvement. Iraq remains what it has been: a pivotal cess story began. Mr. Wickard arranged Abdul Rahman al-Rashed, the general nation in the heart of the Middle East. Biden manager of al-Arabiya television, writing in may think he and his administration have his course schedule around his new the international Arabic daily Asharq achieved something there. Obama may see store hours and had friends work in the Alawsat, recently called al-Lami ‘‘the man Iraq as a distraction from the war against store while he was in class. to fear in Iraq. . . . He shows his claws at ‘‘the real enemy’’ in Afghanistan. Conserv- The Bull Moose business plan began anyone who dares oppose him and he accuses atives may view Iraq as a success Obama in- by looking up record distributors in his opponents of Baathism,’’ including even herited from the Bush administration—and the Yellow Pages and ordering one Gen. David Petraeus ‘‘who has fought the therefore no longer their problem. Baathists the most and if it weren’t for him, album by every artist and band that All these views are wrong. It would be a had released at least two albums. The al-Lami would not be able to reach his home cruel irony—not to mention a terrible de- in one piece. Al-Lami accused Petraeus of feat—if the sacrifices Americans have made thought process was if you made a sec- Baathism (nobody has ever spoken such non- were, in the end, to produce an Iraq domi- ond album, you must be a good band. sense) and said that if General Petraeus was nated by Iranian Supreme Leader Ali In the first summer, Bull Moose Music Iraqi he would have been charged under the Khamenei and President Mahmoud had sales of barely $100 a day, and Debaathification law.’’ Ahmadinijad, enemies of Iraq, freedom, and Brett was forced to use his credit card In an interview with the Times (U.K.), democracy—enemies sworn to bringing about as a tool to survive. But with dedica- Petraeus pointedly noted that al-Lami’s a ‘‘world without America.’’ panel has been linked with Iran’s Revolu- tion and perseverance, Bull Moose has Why don’t Biden and Obama recognize grown from these humble beginnings in tionary Guard. And on Tuesday, Gen. Ray that? And why are their critics not more Odierno, the senior U.S. commander in Iraq, vocal about the fact that they do not? Brunswick to include 10 stores in both identified al-Lami as one of two Iraqi politi- Maine and New Hampshire with over cians ‘‘clearly . . . influenced by Iran.’’ f 100 employees. To keep up with the The ‘‘surge’’ implemented by Petraeus, added demand, the company has now Odierno, and their troops was largely respon- VOTE EXPLANATION produced its own software to analyze sible for the defeat of al-Qaeda in Iraq—the Mr. MCCAIN. Mr. President, today I battlefield Osama bin Laden considered more which albums and artists it should missed rollcall vote No. 24, the motion carry based on the purchasing history consequential than any other. But Iran’s to waive the Budget Act with respect proxy militias fought U.S. troops, too. And of each of the store’s customers. Mr. many Americans were killed by explosive de- to the motion to concur in the House Wickard actually designed the Bull vices manufactured in Iran and sent to Iraq amendment to the Senate amendment Moose purchasing software as his sen- for that purpose. to H.R. 2847, with the Reid amendment ior project while still a Bowdoin stu- Yet Iran’s contribution to the bloodshed in No. 3310. I was regrettably detained due dent—quite an upgrade from scouring Iraq was consistently downplayed. To high- to the fact that I was serving as the light it would have led to the question: ‘‘So the Yellow Pages! ranking member at a Senate Armed Bull Moose recently celebrated its what are you going to do about it?’’ And the Services Committee hearing. If I had Bush administration did not want to do any- 20th anniversary and is on track to thing about it—just as the Clinton adminis- been present, I would have voted to have its best year ever despite the cur- tration did not want to do anything about sustain the point of order. rent recession. Nevertheless, it con- Iran’s role in the slaughter of American serv- f tinues to face the challenges con- icemen at Khobar Towers in 1996, just as the fronting many small businesses. Be- ADDITIONAL STATEMENTS Reagan administration did not want to do yond the severity of the economic anything about Iran’s dispatching of Hezbollah suicide-bombers to kill Americans downturn, large chain stores make it in Beirut in 1983, and just as the Carter ad- RECOGNIZING BULL MOOSE MUSIC increasingly difficult to compete, and ministration did not want to do anything digital downloads of music have re- about the seizure of the American Embassy ∑ Ms. SNOWE. Mr. President, each day duced the number of customers buying in Tehran in 1979. we read too many stories of small busi- music in stores. As a result of these Ayatollah Ruhollah Khomeini, the father nesses unable to weather the current overwhelming roadblocks, many small of Iran’s 1979 Islamic Revolution, concluded: economic storm. Countless small firms businesses have been forced to cut staff ‘‘America cannot do a damn thing!’’ The both in Maine and across the Nation and eliminate bonuses. In contrast, phrase has been repeated by Iranian rulers have been unable to compete with large ever since. Bull Moose has tripled Christmas bo- President Obama ought to break with this chain stores and have been literally nuses and continues to hire more staff, pattern of fecklessness. He should show Iran priced out of the market. Thankfully, including a location in Bangor, ME, that there are consequences for facilitating today I wish to tell an inspirational that has tripled in size. Mr. Wickard the deaths of Americans, for sponsoring ter- success story and recognize a local re- credits Bull Moose’s commitment to rorism, for building nuclear weapons, for tailer in my home State of Maine that customer service and convenience to ruthlessly oppressing Iranians at home, and has met the challenges of this difficult their unprecedented success and for undermining the election process in Iraq. economic climate head on and con- At the very least, Obama should slow down growth. the pace of American troop withdrawals in tinues to grow and thrive. It is indeed refreshing to see a superb Iraq and impose serious sanctions—the kind Bull Moose is a small retail chain small business overcome the many ob- envisioned by the legislation recently passed originally founded in Brunswick, ME. stacles it faces in today’s market. Sto- by both the House and the Senate. The company initially focused on pro- ries such as this should renew our focus But Biden said nothing about sanctions to viding its customers solely with music to help small entrepreneurs succeed be- Larry King. Instead he told him (and any but has now branched out into many cause as small businesses like Bull Iranians who might be listening): ‘‘You’re forms of entertainment and media, in- Moose continue to grow, they provide a going to see 90,000 American troops come cluding movies, games, and books. Its marching home by the end of the summer.’’ substantial positive impact on the The vice president added: ‘‘You’re going to founder and president, Brett Wickard, health of the local community and our see a stable government in Iraq that is actu- characterizes Bull Moose as selling overall economy. My home State of ally moving toward a representative govern- ‘‘inexpensive fun stuff.’’ Twenty years Maine has benefited greatly from Bull ment. I spent—I’ve been there 17 times now. ago, when Mr. Wickard was a college Moose’s success, and I wish Mr. I go about every two months—three months. student at Brunswick’s Bowdoin Col- Wickard and everyone at Bull Moose I know every one of the major players in all lege, the local record store closed continued success for years to come.∑ the segments of that society. It’s impressed down. Now many of us would have just f me. I’ve been impressed how they have been found another place to buy cassettes or deciding to use the political process rather MESSAGES FROM THE PRESIDENT than guns to settle their differences.’’ records, but this young Bowdoin entre- True: Biden has been a frequent flier to preneur had a different idea. With just Messages from the President of the Iraq, where he has argued against the ban- $7,000 of his own money and a small United States were communicated to

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1739 the Senate by Mr. Williams, one of his EXECUTIVE AND OTHER Internal Revenue Service, Department of the secretaries. COMMUNICATIONS Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Revenue Ruling: f The following communications were 2010 Prevailing State Assumed Interest EXECUTIVE MESSAGES REFERRED laid before the Senate, together with Rates’’ (Rev. Rul. 2010–7) received in the Of- accompanying papers, reports, and doc- fice of the President of the Senate on Feb- As in executive session the Presiding uments, and were referred as indicated: ruary 23, 2010; to the Committee on Finance. Officer laid before the Senate messages EC–4796. A communication from the Direc- EC–4804. A communication from the Chief from the President of the United tor of the Regulatory Management Division, of the Publications and Regulations Branch, States submitting sundry nominations Office of Policy, Economics, and Innovation, Internal Revenue Service, Department of the which were referred to the appropriate Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the committees. ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Applicable Federal (The nominations received today are titled ‘‘Laminarin; Exemption from the Re- Rates—March 2010’’ (Rev. Rul. 2010–8) requirement of a Tolerance’’ (FRL No. 8812–1) ceived in the Office of the President of the printed at the end of the Senate pro- Senate on February 23, 2010; to the Com- ceedings.) received during adjournment of the Senate in the Office of the President of the Senate mittee on Finance. f on February 19, 2010; to the Committee on EC–4805. A communication from the Chief Agriculture, Nutrition, and Forestry. of the Publications and Regulations Branch, MESSAGES FROM THE HOUSE EC–4797. A communication from the Direc- Internal Revenue Service, Department of the At 9:37 a.m., a message from the tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the House of Representatives, delivered by Office of Policy, Economics, and Innovation, report of a rule entitled ‘‘Correction to Com- Environmental Protection Agency, transmit- posite Loss Discount Factor for Nonpropor- Mr. Novotny, one of its reading clerks, tional Assumed Property Reinsurance in announced that the House has passed ting, pursuant to law, the report of a rule entitled ‘‘Trichoderma gamsii strain ICC 080; Revenue Procedure 2009–55’’ (Ann. 2010–11) re- the following bill, in which it requests Exemption from the Requirement of a Toler- ceived in the Office of the President of the the concurrence of the Senate: ance’’ (FRL No. 8799–4) received during ad- Senate on February 23, 2010; to the Com- H.R. 3695. An act to authorize funding for, journment of the Senate in the Office of the mittee on Finance. and increase accessibility to, the National President of the Senate on February 19, 2010; EC–4806. A communication from the Chief Missing and Unidentified Persons System, to to the Committee on Agriculture, Nutrition, of the Publications and Regulations Branch, facilitate data sharing between such system and Forestry. Internal Revenue Service, Department of the and the National Crime Information Center EC–4798. A communication from the Direc- Treasury, transmitting, pursuant to law, the database of the Federal Bureau of Investiga- tor of the Regulatory Management Division, report of a rule entitled ‘‘Notice: Qualified tion, to provide incentive grants to help fa- Office of Policy, Economics, and Innovation, Zone Academy Bond Allocations for 2010’’ cilitate reporting to such systems, and for Environmental Protection Agency, transmit- (Notice 2010–22) received in the Office of the other purposes. ting, pursuant to law, the report of a rule en- President of the Senate on February 23, 2010; titled ‘‘Nicosulfuron; Pesticide Tolerances to the Committee on Finance. At 12:51 p.m., a message from the for Emergency Exemptions’’ (FRL No. 8812–5) EC–4807. A communication from the Direc- House of Representatives, delivered by received during adjournment of the Senate tor of Defense Procurement and Acquisition Mr. Novotny, one of its reading clerks, in the Office of the President of the Senate Policy, Department of Defense, transmitting, pursuant to law, the report of a rule en- announced that the House has passed on February 19, 2010; to the Committee on Agriculture, Nutrition, and Forestry. titled ‘‘Whistleblower Protections for Con- the following bill, in which it requests EC–4799. A communication from the Ad- tractor Employees’’ (DFARS Case 2008–D012) the concurrence of the Senate: ministrator of the National Organic Pro- received in the Office of the President of the H.R. 2314. An act to express the policy of gram, Agricultural Marketing Service, De- Senate on February 22, 2010; to the Com- the United States regarding the United partment of Agriculture, transmitting, pur- mittee on Armed Services. States relationship with Native Hawaiians suant to law, the report of a rule entitled EC–4808. A communication from the Sec- and to provide a process for the recognition ‘‘National Organic Program; Access to Pas- retary of Defense, transmitting a report on by the United States of the Native Hawaiian ture (Livestock)’’ ((Docket No. AMS–TM–06– the approved retirement of Lieutenant Gen- governing entity. 0198)(RIN0581–AC57)) received in the Office of eral Emerson N. Gardner, Jr., United States ENROLLED BILL SIGNED the President of the Senate on February 23, Marine Corps, and his advancement to the grade of lieutenant general on the retired At 2:35 p.m., a message from the 2010; to the Committee on Agriculture, Nu- trition, and Forestry. list; to the Committee on Armed Services. House of Representatives, delivered by EC–4800. A communication from the Ad- EC–4809. A communication from the Dep- Mrs. Cole, one of its reading clerks, an- ministrator of the Research and Promotion uty Secretary of Defense, Department of De- nounced that the Speaker has signed Branch, Agricultural Marketing Service, De- fense, transmitting, pursuant to law, a re- the following enrolled bill: partment of Agriculture, transmitting, pur- port relative to Taiwan’s Air Defense Force; 4532. An act to provide for permanent ex- suant to law, the report of a rule entitled to the Committee on Armed Services. tension of the attorney fee withholding pro- ‘‘Processed Raspberry Promotion, Research, EC–4810. A communication from the Sec- cedures under title II of the Social Security and Information Order; Referendum Proce- retary of Energy, transmitting, pursuant to Act to title XVI of such Act, and to provide dures’’ ((Docket Nos. AMS–FV–07–0077; FV– law, the Department of Energy’s Fiscal Year for permanent extension of such procedures 07–705–FR)(RIN0581–AC79)) received in the Of- 2009 Competitive Sourcing Activity Report; under titles II and XVI of such Act to quali- fice of the President of the Senate on Feb- to the Committee on Energy and Natural Re- fied non-attorney representatives. ruary 23, 2010; to the Committee on Agri- sources. culture, Nutrition, and Forestry. EC–4811. A communication from the Execu- The enrolled bill was subsequently EC–4801. A communication from the Ad- tive Director, Federal Energy Regulatory signed by the President pro tempore ministrator of the Fruit and Vegetable Pro- Commission, transmitting, pursuant to law, (Mr. BYRD). grams, Agricultural Marketing Service, De- the report of a rule entitled ‘‘Annual Update f partment of Agriculture, transmitting, pur- of Filing Fees’’ (RIN1902–AD90) received in suant to law, the report of a rule entitled the Office of the President of the Senate on MEASURES REFERRED ‘‘Grapes Grown in a Designated Area of February 22, 2010; to the Committee on En- The following bill was read the first Southeastern California and Imported Table ergy and Natural Resources. Grapes; Change in Regulatory Periods’’ EC–4812. A communication from the Regu- and the second times by unanimous (Docket Nos. AMS–FV–06–0184; FV03–925–1 latory Specialist, Office of the Comptroller consent, and referred as indicated: FIR) received in the Office of the President of the Currency, Department of the Treas- H.R. 3695. An act to authorize funding for, of the Senate on February 23, 2010; to the ury, transmitting, pursuant to law, the re- and increase accessibility to, the National Committee on Agriculture, Nutrition, and port of a rule entitled ‘‘Risk-Based Capital Missing and Unidentified Persons System, to Forestry. Guidelines; Capital Adequacy Guidelines; facilitate data sharing between such system EC–4802. A communication from the Sec- Capital Maintenance: Regulatory Capital; and the National Crime Information Center retary of Health and Human Services, trans- Impact of Modifications to Generally Ac- database of the Federal Bureau of Investiga- mitting, pursuant to law, a report entitled cepted Accounting Principles; Consolidation tion, to provide incentive grants to help fa- ‘‘Child Welfare Outcomes 2003–2006: Report to of Asset-Backed Commercial Paper Pro- cilitate reporting to such systems, and for Congress’’; to the Committee on Finance. grams; and Other Related Issues’’ (RIN1557– other purposes; to the Committee on the Ju- EC–4803. A communication from the Chief AD26) received during adjournment of the diciary. of the Publications and Regulations Branch, Senate in the Office of the President of the

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1740 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 Senate on February 19, 2010; to the Com- bia, transmitting, pursuant to law, a report have asked each of these persons to inform mittee on Banking, Housing, and Urban Af- on D.C. Act 18–306, ‘‘Department of Small me of the pertinent contributions made by fairs. and Local Business Development Amend- them. To the best of my knowledge, the in- EC–4813. A communication from the Direc- ment Act of 2009’’; to the Committee on formation contained in this report is com- tor of the Regulatory Management Division, Homeland Security and Governmental Af- plete and accurate.) Office of Policy, Economics, and Innovation, fairs. Contributions, amount, date, and donee: Environmental Protection Agency, transmit- EC–4821. A communication from the Chair- 1. Self: None. ting, a report entitled ‘‘Final Clarification man of the Council of the District of Colum- 2. Spouse: Anita S. Booth: None. for Chemical Identification Describing Acti- bia, transmitting, pursuant to law, a report 3. Children and Spouses: Alison L. Booth, vated Phosphors for TSCA Inventory Pur- on D.C. Act 18–307, ‘‘Pre-k Acceleration and none; Peter R. Booth, none; David I. Booth, poses’’; to the Committee on Environment Clarification Temporary Amendment Act of none. and Public Works. 2010’’; to the Committee on Homeland Secu- 4. Parents: John E. Booth (deceased), none; EC–4814. A communication from the Direc- rity and Governmental Affairs. Eileen R. Booth (deceased), none. tor of the Regulatory Management Division, EC–4822. A communication from the Chair- 5. Grandparents: Ernest Ford (deceased), Office of Policy, Economics, and Innovation, man of the Council of the District of Colum- none; Lena Ford (deceased), none, Edward Environmental Protection Agency, transmit- bia, transmitting, pursuant to law, a report Booth (deceased), none; Margaret Booth (de- ting, pursuant to law, the report of a rule en- on D.C. Act 18–308, ‘‘Old Morgan School ceased), none. titled ‘‘Approval and Promulgation of Air Place, N.W. Renaming Temporary Amend- 6. Brothers and Spouses: John L. Booth, Quality Implementation Plans; Indiana; ment Act of 2010’’; to the Committee on none; Tibby Booth, none. Volatile Organic Compound Emission Con- Homeland Security and Governmental Af- 7. Sisters and Spouses: Camilla Noyes, trol Measures for Lake and Porter Counties fairs. none; George Noyes, none. in Indiana’’ (FRL No. 9107–2) received during EC–4823. A communication from the Asso- adjournment of the Senate in the Office of ciate General Counsel for General Law, De- *Scott H. DeLisi, of Minnesota, a Career the President of the Senate on February 19, partment of Homeland Security, transmit- Member of the Senior Foreign Service, Class 2010; to the Committee on Environment and ting, pursuant to law, a report relative to a of Minister-Counselor, to be Ambassador Ex- Public Works. vacancy in the position of Commissioner, traordinary and Plenipotentiary of the EC–4815. A communication from the Direc- U.S. Customs and Border Protection, re- United States of America to the Federal tor of the Regulatory Management Division, ceived in the Office of the President of the Democratic Republic of Nepal. Office of Policy, Economics, and Innovation, Senate on February 2, 2010; to the Com- Nominee: Scott H. DeLisi. Environmental Protection Agency, transmit- mittee on Homeland Security and Govern- Post: Kathmandu, Nepal. ting, pursuant to law, the report of a rule en- mental Affairs. (The following is a list of all members of titled ‘‘Approval and Promulgation of Air EC–4824. A communication from the Asso- my immediate family and their spouses. I Quality Implementation Plans; Virginia Re- ciate General Counsel for General Law, De- have asked each of these persons to inform visions to the Definition of Volatile Organic partment of Homeland Security, transmit- me of the pertinent contributions made by Compound and Other Terms’’ (FRL No. 9116– ting, pursuant to law, a report relative to a them. To the best of my knowledge, the in- 1) received during adjournment of the Senate vacancy in the position of Deputy Adminis- formation contained in this report is com- in the Office of the President of the Senate trator, Federal Emergency Management plete and accurate.) on February 19, 2010; to the Committee on Agency, received in the Office of the Presi- Contributions, amount, date, and donee: Environment and Public Works. dent of the Senate on February 2, 2010; to the Self: $112.58, Oct. ’08, Obama Presidential EC–4816. A communication from the Direc- Committee on Homeland Security and Gov- Campaign 2008. tor of the Regulatory Management Division, ernmental Affairs. Spouse: Leija C. DeLisi: $80.00, Oct. ’08, Office of Policy, Economics, and Innovation, EC–4825. A communication from the Sec- Obama Presidential Campaign 2008. Environmental Protection Agency, transmit- retary of the Department of the Interior, Children and spouses: Daughter/Son-in-law. ting, pursuant to law, the report of a rule en- transmitting, a report relative to the man- Tjiama & Joe Saitta, $75.00, Oct. ’08, Obama titled ‘‘Approval and Promulgation of Air agement of individual Indian trust accounts; Presidential Campaign 2008; Son: Anthony Quality Implementation Plans; Virginia; to the Committee on Indian Affairs. DeLisi, $120.00; Son: Joe DeLisi, None. Parents: Glorie A. DeLisi, $75.00, Oct. ’08, Opacity Source Surveillance Methods’’ (FRL f No. 9115–9) received during adjournment of Obama Presidential Campaign 2008; Joseph the Senate in the Office of the President of REPORTS OF COMMITTEES DeLisi (deceased). the Senate on February 19, 2010; to the Com- Grandparents: Agostino and Antonella mittee on Environment and Public Works. The following reports of committees DeLisi (deceased), none; Elmer and Kath- EC–4817. A communication from the Direc- were submitted: erine Minea (deceased). tor of the Regulatory Management Division, By Mr. KERRY, from the Committee on Brothers and spouses: Andrew and Ida Office of Policy, Economics, and Innovation, Foreign Relations, without amendment and DeLisi, none; Daniel (deceased) and Jill Environmental Protection Agency, transmit- with a preamble: DeLisi. ting, pursuant to law, the report of a rule en- S. Res. 404. A resolution supporting full Sisters and Spouses: Sister: Deborah titled ‘‘National Emission Standards for Haz- implementation of the Comprehensive Peace Hannigan, $2,200.00, Oct. ’08, Obama Presi- ardous Air Pollutants for Reciprocating In- Agreement and other efforts to promote dential Campaign 2008; Brother-in-law: ternal Combustion Engines’’ (FRL No. 9115– peace and stability in Sudan, and for other James Hannigan, $500.00; Christine and Ed- 7) received during adjournment of the Senate purposes. mond Perz, none; Martha and David Bogie, in the Office of the President of the Senate S. Res. 414. A resolution expressing the none. on February 19, 2010; to the Committee on Sense of the Senate on the recovery, reha- Environment and Public Works. bilitation, and rebuilding of Haiti following *Beatrice Wilkinson Welters, of Virginia, EC–4818. A communication from the Ad- the humanitarian crisis caused by the Janu- to be Ambassador Extraordinary and Pleni- ministrator of the Federal Aviation Admin- ary 12, 2010, earthquake in Haiti. potentiary of the United States of America istration, Department of Transportation, f to the Republic of Trinidad and Tobago. transmitting, pursuant to law, a report enti- Nominee: Beatrice Welters. tled ‘‘National Airspace System Capital In- EXECUTIVE REPORTS OF Post: Trinidad and Tobago. vestment Plan FY 2011 through 2015’’; to the COMMITTEE (The following is a list of all members of Committee on Commerce, Science, and my immediate family and their spouses. I Transportation. The following executive reports of have asked each of these persons to inform EC–4819. A communication from the Assist- nominations were submitted: me of the pertinent contributions made by ant General Counsel for Regulatory Affairs, By Mr. KERRY for the Committee on For- them. To the best of my knowledge, the in- Consumer Product Safety Commission, eign Relations. formation contained in this report is com- transmitting, pursuant to law, the report of *Donald E. Booth, of Virginia, a Career plete and accurate.) a rule entitled ‘‘Guidelines and Require- Member of the Senior Foreign Service, Class Name, amount, date, and campaign: ments for Mandatory Recall Notices’’ (16 of Minister-Counselor, to be Ambassador Ex- 1. Beatrice Welters: $1,900, Nov 2009, People CFR Part 1115) received during adjournment traordinary and Plenipotentiary of the for Carl Andrews; $2,300, 1/7/09, Hillary For of the Senate in the Office of the President United States of America to the Federal President Debt Relief; $4,600, 11/12/08, Reelect of the Senate on February 12, 2010; to the Democratic Republic of Ethiopia. Ed Towns—Primary/General 2010; $5,000, 9/17/ Committee on Commerce, Science, and Nominee: Donald Ernest Booth. 08, Committee for Change; $5,000, 9/16/08, Transportation. Post: Ambassador to Ethiopia. Committee for Change; $3,000, 8/25/08, Friends EC–4820. A communication from the Chair- (The following is a list of all members of of Byron Dorgan; $5,000, 7/8/08, Democratic man of the Council of the District of Colum- my immediate family and their spouses. I Congressional Campaign Committee; $28,500,

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1741 6/30/08, Democrat for White House Victory me of the pertinent contributions made by gress; $1,000, 2/12/02, Friends of Max Cleland; Fund; $1,000, 2/29/08, Judy Feder for Congress; them. To the best of my knowledge, the in- $500, 7/11/03, Bob Graham for President; $250, $2,000, 12/25/07, Loesback for Congress; $2,000, formation contained in this report is com- 6/27/01, Citizens for Mark Shriver; $500, 12/23/ 11/16/07, Ken Salazar for Senate; $2,300, 8/24/07, plete and accurate.) 03, Wasserman-Schultz for Congress; $250, 9/ Barack Obama for America; $2,000, 7/18/07, Contributions, amount, date, and donee: 30/03, Dean for President; $873, 3/8/01, A Lot of Citizens for Arlen Specter; $2,300, 6/25/07, 1. David I. Adelman, $250, 2/29/08, Friends of People for Dave Obey; $1,000, 10/1/99, Bill Nel- Barack Obama for America; $2,100, 10/26/06, John Barrow; $2,300, 3/18/07, Obama for Amer- son for US Senate; $500, 4/26/06, Friends of Steele for Maryland; $2,100, 10/20/06, Harold ica; $250, 7/14/08, John Lewis/Congress; $500, 9/ Hillary; $2,000, 4/19/04, John Kerry for Presi- Ford Jr. for Tennessee; $4,000, 8/30/06, People 4/08, Martin for Senate Inc.; $2,300, 10/13/08, dent; $1,000, 3/16/00, Carnahan for Senate for Carl Andrews; $4,000, 8/29/06, Rangel for Obama Victory Fund; $250, 12/6/05, Friends of Committee; $1,000, 3/16/98, Friends of Bob Congress; $2,000, 7/5/06, Committee to Re- John Barrow; $500, 2/9/06, Forward Together Graham Committee; $250, 4/11/03, Harold Ford Elect Ed Towns; $2,000, 3/22/06, Chris Owens PAC (Sen. Mark Warner); $250, 7/20/06, Com- Jr for Tennessee; $300, 8/29/00, DNC Services for Congress; $5,000, 9/27/05, Hope Fund; $2,500, mittee to Elect Hank Johnson; $250, 5/3/06, Corporation; $250, 3/17/06, McCaskill for Mis- 2/14/05, ROYB Fund. Evan Bayh Committee. souri; $1,000, 11/1/99, Bill Bradley for Presi- 2. Anthony Welters: $1,900, Nov 2009, People 2. Spouse: Caroline A. Aronovitz: None. dent; $500, 10/21/98, Victory in New York; $500, for Carl Andrews; $2,300, 1/7/09, Hillary For 3. Oscar Adelman, Minor: None; Leah 10/20/98, Schumer ‘98. President Debt Relief; $5,000, Jan–Dec/2008, Adelman, Minor: None; Avery Adelman, Spouse: Nacy E. Cohn: $500, 4/22/05 Ron United for Health PAC; $4,600, 11/13/08, Relect Minor: None. Klein for Congress; $1,000, 6/30/08, Suzanne Ed Towns—Primary/General 2010; $5,000, 11/ 4. Parents: Nelson Adelman (Father), None; Kosmas for Congress; $2,300, 3/31/07, Obama 13/08, Effective Leadership PAC; $2,300, 10/31/ Donna Adelman (Mother), None. for America; $2,300, 7/31/08, Obama for Amer- 08, Pat Murphy for Congress; $2,300, 10/23/08, 5. Grandparents: Sue Dahab, None. ica; $250, 1/18/04, Campaign for Florida’s Fu- Citizens for Bobby Rush; $2,300, 9/19/08, San- 6. Brother: Mark Adelman, None; Sister-in- ture; $1,000, 10/27/04, Campaign for Florida’s ford Bishop of Congress; $5,000, 9/16/08, Com- Law: Becky Adelman, None. Future; $1,200, 12/19/03, Howard Dean for mittee for Change; $4,600, 9/8/08, Friends of 7. Sisters and Spouses: NA. America; $1,000, 3/28/02, Katy Sorenson for Byron Dorgan; $1,000, 7/9/08, Nelson for Sen- Congress ($826.00 was returned); $1,000, 12/29/ ate; $28,500, 6/30/08, Democrat for White *Harry K. Thomas, Jr., of New York, a Ca- 99, Bill Bradley for President. House Victory Fund; $2,300, 5/14/08, Com- reer Member of the Senior Foreign Service, 3. Children and Spouses: Ethan Katz, Son: mittee to Re-Elect Ed Towns; $2,300, 3/8/08, Class of Minister-Counselor, to be Ambas- Several small contributions, all of which Myers for Congress Committee; $2,300, 2/26/08, sador Extraordinary and Plenipotentiary of were less than $100 for which he did not keep Rudy Giuliani Presidential Campaign; $5,000, the United States of America to the Republic records: Bradley for President, 1999; McCain Jan–Dec/2007, United for Health PAC; $2,300, of the Philippines. for President, 2000; Dean for America, 2003– 8/24/07, Barack Obama for America; $2,300, 8/ Nominee: Harry K. Thomas Jr. 04; Obama for America, 2007–2008. Hagit Katz, 16/07, Thompson for President; $2,000, 7/18/07, Post: Manila. Daughter-in-law: no contributions. Matthew Citizens for Arlen Spector; $2,300, 6/25/07, (The following is a list of all members of Katz, Son: no contributions. Barack Obama for America; $1,000, 5/28/07, my immediate family and their spouses. I 4. Parents: Deceased: no contibutions. Committee to Re-Elect Ed Towns; $4,200, 4/23/ have asked each of these persons to inform 5. Grandparents: Deceased: no contribu- 07, Giffords For Congress; $4,600, 4/18/07, me of the pertinent contributions made by tions. Thompson for President; $4,600, 4/12/07, Rudy them. To the best of my knowledge, the in- Brothers and Spouses: N/A: no contribu- Giuliani Presidential Campaign; $5,000, Jan- formation contained in this report is com- tions. Dec/2006, United for Health PAC; $2,100, 10/26/ plete and accurate.) 7. Sisters and Spouses: Joanne Katz: $250, 06, Steele for Maryland; $4,200, 10/23/06, Har- Contributions, amount, date, and donee: 10/14/04, DNC Services Corporation; $382, 8/21/ old Ford Jr. for Tennessee; $2,100, 10/20/06, 1. Self: 150, 10/08, Obama for America. 04, America Coming Together. In addition, Harold Ford Jr. for Tennessee; $3,000, 10/17/06, 2. Spouse: None. several small contributions, all of which MIKER Fund; $175, 10/5/06, Kean for Senate; 3. Children and Spouses: Ericka Smith- were less than $100 for which she did not $4,000, 8/29/06, Rangel for Congress; $4,000, 8/29/ Thomas (spouse); Casey Thomas (daughter). keep records: Obama for America, 2007–08; 06, People for Carl Andrews; $1,000, 7/7/06, 4. Parents: Harry K. Thomas Sr. (deceased) Democratic National Committee, 2008; Committee to Re-Elect Ed Towns; $2,000, 3/22/ Hildonia M. Thomas, None. Carnahan for Senate, 2009. Michelle Bartlett: 06, Chris Owens for Congress; $5,000, Jan–Dec/ 5. Grandparents: Charles McClary, Merie no contributions. 2005, United for Health PAC; $2,500, 12/22/05, McClary, Frank Thomas, Mary Thomas (all Reynolds for Congress; $2,000, 12/21/05, Snowe deceased), None. *Ian C. Kelly, of Maryland, a Career Mem- for Senate; $5,000, 9/27/05, Hope Fund; $2,000, 3/ 6. Sisters and Spouses: Nelda Canada, Dan- ber of the Senior Foreign Service, Class of 12/05, Committee to Re-Elect Ed Towns; iel Canada: 200, 7/08, Obama for America; 50, Minister-Counselor, to be U.S. Representa- $2,000, 7/12/05, Reynolds for Congress; $1,000, 7/ 6/8, DNC. tive to the Organization for Security and Co- 12/05, Sweeny for Congress; $4,000, 6/30/05, operation in Europe, with the rank of Am- Citizens for Bobby Rush; $4,200, 4/18/05, Mark *Allan J. Katz, of Florida, to be Ambas- bassador. Nominee: Ian C. Kelly. Kennedy for Senate; $2,500, 3/7/05, ROYB sador Extraordinary and Plenipotentiary of The following is a list of all members of Fund. the United States of America to the Por- my immediate family and their spouses. I 3. Andrew Welters: $2,500, 4/29/09, Friends of tuguese Republic. have each of these persons to inform me of Byron Dorgan; $5,000, 9/24/08, Committee for Nominee: Allan J. Katz. the pertinent contributions made by them. Change; $2,300, 8/28/08, Hillary Clinton for (The following is a list of all members of To the best of my knowledge, the informa- President; $2,300, 6/30/08, Barack Obama for my immediate family and their spouses. I tion contained in this report is complete and America; $28,500, 6/18/08, Democrat for White have asked each of these persons to inform accurate. House Victory Fund; $4,600, 10/17/07, Hillary me of the pertinent contributions made by Contributions, amount, date and donee: Clinton for President; $2,300, 9/12/07, Barack them. To the best of my knowledge, the in- 1. Self: none. Obama for America. formation contained in this report is com- 2. Spouse: none. 4. Bryant Welters: $2,500, 4/29/09, Friends of plete and accurate.) 3. Children and Spouses: Annalisa, William, Byron Dorgan; $5,000, 9/24/08, Committee for Contributions, amount, date, and donee: John, and Joseph: none. Change; $2,300, 8/28/08, Hillary Clinton for 1. Self: $2,300, 12/17/07, Obama for America; 4. Parents: Stella Kelly and William Kelly: President; $2,300, 6/30/08, Barack Obama for $1,274, 3/3/08, A Lot of People for Dave Obey; $25, 5/16/09, IL RNC; $50, 9/22/08, RNC; $15, 7/18/ America; $28,500, 6/18/08, Democrat for White $500, 8/22/08, Linda Ketner for Congress; $500, 09, RNC; $50, 7/30/08, RNC; $11, 10/06/07, RNC; House Victory Fund; $4,600, 10/17/07, Hillary 10/30/08, Joe Garcia for Congress; $2,000, 12/23/ $25, 6/11/08, RNC; $25, 2/12/08, McCain for Pres; Clinton for President; $2,300, 9/12/07, Barack 05, Bill Nelson for US Senate; $300, 6/11/04, $25, 1/1/08, McCain; $25, 10/31/07, McCain; $25, 9/ Obama for America; $2,100, 10/24/06, Harold Akerman Senterfitt PAC; $300, 6/24/04, 1/07, RNC; $20, 5/14/07, Rep. Maj. Fund; $25, 7/ Ford for Tennessee. Akerman Senterfitt PAC; $300, 7/15/04, 16/06, RNC; $25, 4/18/06, RNC. Akerman Senterfitt PAC; $250, 3/20/08, Su- 5. Grandparents: (Deceased): n/a. *David Adelman, of Georgia, to be Ambas- zanne Kosms for Congress; $500, 12/25/07, 6. Brothers and Spouses: n/a. sador Extraordinary and Plenipotentiary of David Loebsack for Congress; $53.83, 7/31/08, 7. Sisters and Spouses: Kathryn Rutherford the United States of America to the Republic Obama for America; (53.83), 9/30/08, re- and Abigail Holman: none. of Singapore. turned—Obama for America; $2,246, 7/31/08, Nominee: David I. Adelman. Obama for America; ($2,246), 12/31/08, re- *Walter Crawford Jones, of Maryland, to be Post: turned—Obama for America; $2,300, 7/31/08, United States Director of the African Devel- (The following is a list of all members of Obama for America; $1,000, 9/5/02, Florida opment Bank for a term of five years. my immediate family and their spouses. I Leadership PAC; $350, 5/9/01, Grassley Com- *Ian Hoddy Solomon, of Maryland, to be have asked each of these persons to inform mittee Inc.; $250, 3/31/00, Patsy Kurth for con- United States Executive Director of the

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1742 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 International Bank for Reconstruction and and second times by unanimous con- By Mr. DODD (for himself and Mr. Development for a term of two years. sent, and referred as indicated: UDALL of New Mexico): *Leocadia Irine Zak, of the District of Co- S.J. Res. 28. A joint resolution proposing By Mr. KERRY (for himself and Ms. lumbia, to be Director of the Trade and De- an amendment to the Constitution of the SNOWE): United States relating to contributions and velopment Agency. S. 3028. A bill to amend title XVIII of the *Brooke D. Anderson, of California, to be expenditures intended to affect elections; to Social Security Act to eliminate the 190-day the Committee on the Judiciary. Alternate Representative of the United lifetime limit on inpatient psychiatric hos- States of America for Special Political Af- pital services under the Medicare program; f fairs in the United Nations, with the rank of to the Committee on Finance. Ambassador. SUBMISSION OF CONCURRENT AND By Mr. KERRY (for himself and Mr. SENATE RESOLUTIONS *Brooke D. Anderson, of California, to be LUGAR): an Alternate Representative of the United S. 3029. A bill to establish an employment- The following concurrent resolutions States of America to the Sessions of the based immigrant visa for alien entrepreneurs and Senate resolutions were read, and General Assembly of the United Nations dur- who have received significant capital from referred (or acted upon), as indicated: ing her tenure of service as Alternate Rep- investors to establish a business in the resentative of the United States of America United States; to the Committee on the Ju- By Ms. LANDRIEU (for herself, Mrs. for Special Political Affairs in the United diciary. LINCOLN, Mr. CHAMBLISS, Mrs. SHA- Nations. By Mrs. GILLIBRAND: HEEN, Ms. MURKOWSKI, Mr. BARRASSO, *Rosemary Anne DiCarlo, of the District of S. 3030. A bill to amend the Public Works Mr. BYRD, Mr. ISAKSON, and Mr. BEN- Columbia, a Career Member of the Senior and Economic Development Act of 1965 to NETT): Foreign Service, Class of Minister-Counselor, eliminate cost-sharing requirements in con- S. Res. 421. A resolution supporting the to be the Deputy Representative of the nection with economic adjustment grants goals and ideals of ‘‘National Guard Youth United States of America to the United Na- made to assist communities that have suf- Challenge Day’’; considered and agreed to. tions, with the rank and status of Ambas- fered economic injury as a result of military f sador Extraordinary and Plenipotentiary, base closures and realignments, defense con- and the Deputy Representative of the United tractor reductions in force, and Department ADDITIONAL COSPONSORS States of America in the Security Council of of Energy defense-related funding reduc- S. 315 the United Nations. tions; to the Committee on Environment and At the request of Mr. FEINGOLD, the *Rosemary Anne DiCarlo, of the District of Public Works. name of the Senator from Pennsyl- Columbia, a Career Member of the Senior By Mr. LEAHY (for himself and Mr. vania (Mr. CASEY) was added as a co- Foreign Service, Class of Minister-Counselor, GRASSLEY): S. 3031. A bill to authorize Drug Free Com- sponsor of S. 315, a bill to amend title to be Representative of the United States of 38, United States Code, to improve the America to the Sessions of the General As- munities enhancement grants to address sembly of the United Nations, during her major emerging drug issues or local drug cri- outreach activities of the Department tenure of service as Deputy Representative ses; to the Committee on the Judiciary. of Veterans Affairs, and for other pur- of the United States of America to the By Mr. BARRASSO: poses. United Nations. S. 3032. A bill to prohibit the enforcement S. 369 of a climate change interpretive guidance *Douglas A. Rediker, of Massachusetts, to At the request of Mr. KOHL, the name be United States Alternate Executive Direc- issued by the Securities and Exchange Com- mission, and for other purposes; to the Com- of the Senator from North Dakota (Mr. tor of the International Monetary Fund for a DORGAN) was added as a cosponsor of S. term of two years. mittee on Banking, Housing, and Urban Af- fairs. 369, a bill to prohibit brand name drug *Judith Ann Stewart Stock, of Virginia, to companies from compensating generic be an Assistant Secretary of State (Edu- By Mr. DURBIN (for himself, Mr. cational and Cultural Affairs). BROWN of Ohio, Mr. HARKIN, and Mr. drug companies to delay the entry of a FRANKEN): generic drug into the market. Mr. KERRY. Mr. President, for the S. 3033. A bill to amend title 11, United S. 408 Committee on Foreign Relations I re- States Code, to improve protections for em- At the request of Mr. INOUYE, the port favorably the following nomina- ployees and retirees in business bank- name of the Senator from North Caro- tion lists which were printed in the ruptcies; to the Committee on the Judiciary. lina (Mrs. HAGAN) was added as a co- RECORD on the dates indicated, and ask By Mr. SCHUMER (for himself, Mr. sponsor of S. 408, a bill to amend the unanimous consent, to save the ex- MENENDEZ, Mr. LAUTENBERG, and Mr. WARNER): Public Health Service Act to provide a pense of reprinting on the Executive S. 3034. A bill to require the Secretary of means for continued improvement in Calendar that these nominations lie at the Treasury to strike medals in commemo- emergency medical services for chil- the Secretary’s desk for the informa- ration of the 10th anniversary of the Sep- dren. tion of Senators. tember 11, 2001, terrorist attacks on the S. 422 The PRESIDING OFFICER. Without United States and the establishment of the At the request of Ms. STABENOW, the objection, it is so ordered. National September 11 Memorial & Museum at the World Trade Center; to the Committee name of the Senator from Ohio (Mr. *Foreign Service nomination of Earl W. on Banking, Housing, and Urban Affairs. BROWN) was added as a cosponsor of S. Gast. By Mr. BAUCUS (for himself and Mr. 422, a bill to amend the Federal Food, *Foreign Service nominations beginning TESTER): with Suzanne E. Heinen and ending with Ber- Drug, and Cosmetic Act and the Public S. 3035. A bill to require a report on the es- Health Service Act to improve the pre- nadette Borris, which nominations were re- tablishment of a Polytrauma Rehabilitation ceived by the Senate and appeared in the Center or Polytrauma Network Site of the vention, diagnosis, and treatment of CONGRESSIONAL RECORD on November 17, 2009. Department of Veterans Affairs in the north- heart disease, stroke, and other cardio- *Foreign Service nominations beginning ern Rockies or Dakotas, and for other pur- vascular diseases in women. with Sean J. Mc Intosh and ending with Wil- poses; to the Committee on Veterans’ Af- S. 493 liam Qian Yu, which nominations were re- fairs. At the request of Mr. CASEY, the ceived by the Senate and appeared in the By Mr. BAYH (for himself, Ms. COL- names of the Senator from Florida (Mr. CONGRESSIONAL RECORD on December 11, 2009. LINS, and Mr. LEMIEUX): LEMIEUX) and the Senator from Lou- *Nomination was reported with rec- S. 3036. A bill to establish the Office of the National Alzheimer’s Project; to the Com- isiana (Ms. LANDRIEU) were added as ommendation that it be confirmed sub- cosponsors of S. 493, a bill to amend the ject to the nominee’s commitment to mittee on Health, Education, Labor, and Pensions. Internal Revenue Code of 1986 to pro- respond to requests to appear and tes- By Mrs. MCCASKILL (for herself, Mr. vide for the establishment of ABLE ac- tify before any duly constituted com- FEINGOLD, and Mr. LEAHY): counts for the care of family members mittee of the Senate. S. 3037. A bill to increase oversight of pri- with disabilities, and for other pur- vate security contractors and establish the f poses. proper ratio of United States Government se- S. 504 curity personnel to private security contrac- INTRODUCTION OF BILLS AND At the request of Mr. ROBERTS, the JOINT RESOLUTIONS tors at United States missions where the armed forces are engaged in combat oper- name of the Senator from North Caro- The following bills and joint resolu- ations; to the Committee on Foreign Rela- lina (Mrs. HAGAN) was added as a co- tions were introduced, read the first tions. sponsor of S. 504, a bill to redesignate

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RES. 414 for other purposes. formed services, and for other purposes. At the request of Mr. KERRY, the S. 700 S. 1668 name of the Senator from Indiana (Mr. At the request of Mr. BINGAMAN, the LUGAR) was added as a cosponsor of S. name of the Senator from New Jersey At the request of Mr. BENNET, the name of the Senator from Nebraska Res. 414, a resolution expressing the (Mr. MENENDEZ) was added as a cospon- (Mr. JOHANNS) was added as a cospon- Sense of the Senate on the recovery, sor of S. 700, a bill to amend title II of rehabilitation, and rebuilding of Haiti the Social Security Act to phase out sor of S. 1668, a bill to amend title 38, United States Code, to provide for the following the humanitarian crisis the 24-month waiting period for dis- caused by the January 12, 2010, earth- abled individuals to become eligible for inclusion of certain active duty service in the reserve components as quali- quake in Haiti. Medicare benefits, to eliminate the f waiting period for individuals with life- fying service for purposes of Post–9/11 threatening conditions, and for other Educational Assistance Program, and STATEMENTS ON INTRODUCED purposes. for other purposes. BILLS AND JOINT RESOLUTIONS S. 2760 S. 753 By Mr. KERRY (for himself and DALL At the request of Mr. U of New Ms. SNOWE): At the request of Mr. SCHUMER, the Mexico, the name of the Senator from name of the Senator from California S. 3028. A bill to amend title XVIII of Michigan (Ms. STABENOW) was added as the Social Security Act to eliminate (Mrs. BOXER) was added as a cosponsor a cosponsor of S. 2760, a bill to amend of S. 753, a bill to prohibit the manu- the 190-day lifetime limit on inpatient title 38, United States Code, to provide psychiatric hospital services under the facture, sale, or distribution in com- for an increase in the annual amount merce of children’s food and beverage Medicare program; to the Committee authorized to be appropriated to the on Finance. containers composed of bisphenol A, Secretary of Veterans Affairs to carry and for other purposes. Mr. KERRY. Mr. President, our coun- out comprehensive service programs try has recently taken great steps for- S. 886 for homeless veterans. ward to support the principles of men- At the request of Mr. NELSON of Flor- S. 2776 tal health parity. In 2008, Congress has ida, the name of the Senator from Lou- At the request of Mr. ALEXANDER, the enacted two important pieces of legis- isiana (Ms. LANDRIEU) was added as a name of the Senator from Idaho (Mr. lation to end discrimination against cosponsor of S. 886, a bill to establish a CRAPO) was added as a cosponsor of S. people suffering from mental illnesses. program to provide guarantees for debt 2776, a bill to amend the Energy Policy Congress passed the Paul Wellstone issued by State catastrophe insurance Act of 2005 to create the right business and Pete Domenici Mental Health Par- programs to assist in the financial re- environment for doubling production of ity and Addiction Equity Act of 2008, covery from natural catastrophes. clean nuclear energy and other clean MHPAEA, to prohibit the establish- S. 1221 energy and to create mini-Manhattan ment of discriminatory benefit caps or At the request of Mr. SPECTER, the projects for clean energy research and cost-sharing requirements for mental name of the Senator from North Caro- development. health and substance use disorders. lina (Mr. BURR) was added as a cospon- S. 2796 That same year Congress also passed sor of S. 1221, a bill to amend title At the request of Mr. ENZI, the name the Medicare Improvements for Pa- XVIII of the Social Security Act to en- of the Senator from South Dakota (Mr. tients and Protections Act, MIPPA, sure more appropriate payment THUNE) was added as a cosponsor of S. which included legislation introduced amounts for drugs and biologicals 2796, a bill to extend the authority of by Senator SNOWE, and myself, the under part B of the Medicare Program the Secretary of Education to purchase Medicare Mental Health Copayment by excluding customary prompt pay guaranteed student loans for an addi- Equity Act. This legislation prevented discounts extended to wholesalers from tional year, and for other purposes. Medicare beneficiaries from being charged higher copayments for out- the manufacturer’s average sales price. S. 2919 patient mental health services than for S. 1321 At the request of Mr. UDALL of Colo- all other outpatient physician services. At the request of Mr. UDALL of Colo- rado, the name of the Senator from Unfortunately, even with the passage rado, the name of the Senator from Ar- Vermont (Mr. SANDERS) was added as a of MIPPA, a serious mental health in- kansas (Mr. PRYOR) was added as a co- cosponsor of S. 2919, a bill to amend the equity remains in Medicare. Medicare sponsor of S. 1321, a bill to amend the Federal Credit Union Act to advance beneficiaries are currently limited to Internal Revenue Code of 1986 to pro- the ability of credit unions to promote only 190-days of inpatient psychiatric vide a credit for property labeled under small business growth and economic hospital care in their lifetime. This the Environmental Protection Agency development opportunities, and for lifetime limit directly impacts Medi- Water Sense program. other purposes. care beneficiaries’ access to psy- S. 1504 S. 2986 chiatric hospitals, although it does not At the request of Mr. SPECTER, the At the request of Ms. LANDRIEU, the apply to psychiatric units in general name of the Senator from Nevada (Mr. name of the Senator from Mississippi hospitals. This arbitrary cap on bene- REID) was added as a cosponsor of S. (Mr. COCHRAN) was added as a cospon- fits is discriminatory to the mentally 1504, a bill to provide that Federal sor of S. 2986, a bill to authorize the ill as there is no such lifetime limit for courts shall not dismiss complaints Administrator of the Small Business any other Medicare specialty inpatient under rule 12(b)(6) or (e) of the Federal Administration to waive interest for hospital service. The 190-day lifetime Rules of Civil Procedure, except under certain loans relating to damage limit is problematic for patients being the standards set forth by the Supreme caused by Hurricane Katrina, Hurri- treated in psychiatric hospitals as they Court of the United States in Conley v. cane Rita, Hurricane Gustav, or Hurri- may easily exceed the 190-days if they Gibson, 355 U.S. 41 (1957). cane Ike. have a chronic mental illness.

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That is why Senator SNOWE and I are would be available to DFCs for up to 4 and Federal levels, and in the law en- working together once again to address years. forcement, prevention, and treatment the last remaining mental health par- The DFC program encourages local fields. We have seen that success in ity issue in Medicare. Today, we are in- citizens to become directly involved in Vermont and throughout the country, troducing the Medicare Mental Health solving their community’s drug issues but there is more work to be done. Inpatient Equity Act. Our legislation through grassroots community orga- Drug abuse and drug-related crime is a would eliminate the Medicare 190-day nizing and data-driven planning and persistent problem in America, in lifetime limit for inpatient psychiatric implementation. Research shows that major metropolitan areas and rural hospital care. It would equalize Medi- effective prevention hinges on the ex- communities alike. I hope all Senators care mental health coverage with pri- tent to which the entire community will support this bipartisan bill so that vate health insurance coverage, expand works comprehensively and collabo- communities nationwide can sustain beneficiary choice of inpatient psy- ratively to implement education, pre- effective community coalitions to re- chiatric care providers, increase access vention, enforcement, treatment, and duce youth drug use. for the seriously ill, and improve con- recovery initiatives. The DFC program Mr. President, I ask unanimous con- tinuity of care. strategically invests Federal anti-drug sent that the text of the bill be printed This legislation is supported by 46 resources at the community level with in the RECORD. national organizations that represent those who have the most power to re- There being no objection, the text of hospital associations, seniors’ organi- duce the demand for drugs—namely the bill was ordered to be printed in zations and the mental health commu- parents, teachers, business leaders, the the RECORD, as follows: nity. I would like to thank a number of media, religious leaders, law enforce- S. 3031 organizations who have been integral ment officials, youth, and others. Drug Be it enacted by the Senate and House of Rep- to the development of the Medicare Free Communities grantees execute resentatives of the United States of America in Mental Health Inpatient Equity Act collaborative strategies to address Congress assembled, and who have endorsed our legislation their communities’ unique substance SECTION 1. SHORT TITLE. today, including the AARP, the Amer- use and abuse issues. This is the opti- This Act may be cited as the ‘‘Drug Free ican Hospital Association, the National mal way to ensure that the entire com- Communities Enhancement Act of 2010’’. Association of Psychiatric Health Sys- munity benefits from prevention. SEC. 2. FINDINGS. tems, and the American Psychological In Vermont, we have felt the pres- Congress finds the following: Association. ence of drug abuse and drug-related (1) The epidemiology of drug use indicates Congress has now acted to address crime in our communities. The myth that emerging drug trends increase over a short period of time and tend to cluster in mental health parity issues for group persists that drug abuse and drug-re- discrete geographic areas. Historical evi- health plans and for outpatient Medi- lated crime are only big-city problems, dence shows that emerging local drug issues care services. It is time to end this out- but rural America is also coping with and crises can be stopped or mitigated before moded law and ensure that bene- these issues. I have twice brought the they spread to other areas, if they are identi- ficiaries with mental illnesses have ac- Judiciary Committee to Vermont to fied quickly and addressed in a comprehen- cess to a range of appropriate settings examine these problems and gain per- sive multi-sector manner. for their care. I look forward to work- spectives to help shape solutions, and I (2) Federal investments in drug prevention ing with my colleagues in the Senate hope to hold another field hearing in should not be solely based on national data and trends, but must be flexible enough to to achieve mental health parity in Vermont soon. I know well that law en- address emerging local problems and local Medicare. forcement alone is not the solution for drug crises before they become national our communities. I have long advo- trends. By Mr. LEAHY (for himself and cated an approach with equal attention (3) Successful drug prevention must be Mr. GRASSLEY): to law enforcement, prevention and based on local data and involve multiple S. 3031. A bill to authorize Drug Free education, and treatment. community sectors in planning and imple- Communities enhancement grants to Perhaps the most important compo- menting specifically targeted strategies that address major emerging drug issues or nent in dealing with this crucial prob- respond to the unique drug problems of the local drug crises; to the Committee on lem is collaboration. Community anti- community. the Judiciary. (4) Data and outcomes show that effective drug coalitions have a unique ability to community coalitions can markedly reduce Mr. LEAHY. Mr. President, today, I build on pre-existing relationships local drug use rates for drugs such as mari- am pleased to join with Senator GRASS- among parents, teachers, students, and juana and inhalants among school-aged LEY to introduce the Drug Free Com- law enforcement, which make them a youth. munities Enhancement Act of 2010, a critical component in reducing drug (5) Community coalitions are singularly bill to authorize additional Drug Free use. I have consistently supported situated to deal with emerging drug issues Communities grants to help address funding for these coalitions and was and local drug crises, such as methamphet- major emerging drug issues and local pleased that last year 14 Vermont coa- amine, cheese (a mixture of black tar heroin drug crises. It is crucial that commu- and Tylenol PM), and prescription and non- litions were awarded Drug Free Com- prescription drug abuse because the communities around the country have the munity grants totaling $1.2 million. nity coalitions are organized, data driven, leadership and resources needed to re- Last week, I spoke with a number of and take a comprehensive, multi-sector ap- spond to serious drug problems in a Vermonters representing these commu- proach to solving and addressing locally comprehensive and coordinated man- nity partnerships and heard about the identified drug problems. ner. Drug Free Community, DFC, coali- innovative frameworks they have im- (6) Providing enhancement grants to coalitions have been proven to significantly plemented to combat drug abuse in tions to address emerging local drug issues lower substance abuse rates in our their communities, thanks in large or local drug crises is a cost effective way to communities nationwide. part to DFC grants. This bill will en- deal with these drug issues. This approach builds on existing infrastructures with prov- This legislation will allow current able many of them to secure supple- en results that include all of the relevant and former DFCs to apply for grants of mental funding to continue the impor- community sectors needed to comprehen- up to $75,000 per year to implement tant work they do every day. Indeed, sively address specific emerging drug issues comprehensive, community-wide strat- communities nationwide who are fac- and crises, and guards against using Federal egies to address emerging local drug ing serious drug issues will benefit funding to create duplicative community issues or drug crises. The funds may from these enhancement grants. based infrastructures for substance abuse also be used for DFC members to ob- The community coalition model has prevention. tain specialized training and technical proven extremely effective, and has SEC. 3. COMMUNITY-BASED COALITION EN- HANCEMENT GRANTS TO ADDRESS assistance to improve the operation of achieved impressive outcomes. We see EMERGING DRUG ISSUES OR LOCAL their coalitions. These grants, which significant results when we have people DRUG CRISES. must be matched dollar for dollar, working together at the local, state, (a) DEFINITIONS.—In this section—

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.000 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1745 (1) the term ‘‘Director’’ means the Director (1) implement comprehensive, community- community coalitions to form a strat- of the Office of National Drug Control Pol- wide prevention strategies to address an egy that best fits their community to icy; emerging local drug issue or drug crises in confront a sudden or emerging drug (2) the term ‘‘drug’’ means— the area served by an eligible entity, in ac- threat without Federal interference. (A) a substance listed on schedule I, II, III, cordance with the plan submitted under sub- The DFCEA authorizes $5 million to IV, or V of section 202 of the Controlled Sub- section (c)(2); and stances Act (21 U.S.C. 812(c)); (2) obtain specialized training and tech- the Office of National Drug Control (B) inhalants; nical assistance from the entity receiving a Policy to award supplemental grants of (C) if used in a manner that is illegal, a grant under section 4 of Public Law 107–82 (21 up to $75,000 to current and past DFC prescription or over the counter drug or U.S.C. 1521 note). grantees to address an emerging drug medicine; and (e) GRANT AMOUNTS.— issue or crisis. The grantee would be el- (D) another mind altering substance with (1) IN GENERAL.—The total amount of grant igible to receive these supplemental the potential for abuse, as determined by the funds awarded to an eligible entity for a fis- grants for up to a 4 year period if they Director, not listed on a schedule of section cal year may not exceed the amount of non- document, using local data, rates of 202(c) of the Controlled Substance Act (21 Federal funds raised by the eligible entity, drug abuse higher than the national including in-kind contributions, for that fis- U.S.C. 812(c)); average. (3) the term ‘‘emerging local drug issue’’ cal year. In my home State of Iowa, commu- means, with respect to the area served by an (2) GRANT AWARDS.—A grant under this sec- eligible entity, a sudden increase in the use tion shall— nities face unique challenges in con- or abuse of a particular drug in the commu- (A) be made for a period of not more than fronting drug abuse. In Polk County, nity, as documented by local data; 4 years; and the home of the State capitol of Des (4) the term ‘‘local drug crisis’’ means, (B) be for not more than $75,000 per year. Moines, 37 percent of 11th graders ad- with respect to the area served by an eligible (f) SUPPLEMENT NOT SUPPLANT.—Grant mitted to using marijuana in the 2008 entity, the use of a specific drug in the area funds provided under this section shall be Iowa Youth Survey. This is signifi- at levels that are significantly higher than used to supplement, not supplant, Federal cantly higher than the statewide aver- the national average, over a sustained period and non-Federal funds available for carrying out the activities described in this section. age of 27 percent from the same survey. of time, as documented by local data; This number is also 4 percent higher (5) the term ‘‘eligible entity’’ means an or- (g) EVALUATION.—A grant under this sec- ganization that— tion shall be subject to the same evaluation than the national average according to requirements and procedures as the evalua- (A) is receiving or has received a grant the 2009 Monitoring the Future survey tion requirements and procedures imposed under chapter 2 of title I of the National of 12th graders. In Black Hawk County, on the recipient of a grant under chapter 2 of Narcotics Leadership Act of 1988 (21 U.S.C. the home of Waterloo and Cedar Falls, title I of the National Narcotics Leadership 1521 et seq.) (commonly known as the Drug- 8 percent of 11th graders admitted to Act of 1988 (21 U.S.C. 1521 et seq.) (commonly Free Communities Act of 1997); and known as the Drug-Free Communities Act of using over-the-counter cold medicines (B) has documented, using local data— 1997). to get high according to the Iowa (i) for an emerging local drug issue— (h) ADMINISTRATIVE EXPENSES.—Not more Youth Survey. This is higher than the (I) rates of drug use and abuse above the than 5 percent of the amount appropriated to 6 percent of the Nation’s 12th graders national average, as determined by the Di- carry out this section for any fiscal year who admitted to cold medicine abuse rector (including appropriate consideration may be used by the Director for administra- of the Monitoring of the Future Survey pub- in the Monitoring the Future survey. tive expenses. Communities like these would benefit lished by the Department of Health and (i) AUTHORIZATION OF APPROPRIATIONS.— Human Services), for comparable time peri- There are authorized to be appropriated under the DFCEA, because they would ods; or $5,000,000 for each of fiscal years 2011 through be able to apply for a supplemental (II) if national data is not available, at the 2015 to carry out this section. grant to put a strategy into action to discretion of the Director, high rates of drug Mr. GRASSLEY. Mr. President, in reduce these use rates. use or abuse based solely on valid local data; 1997 then-Senator BIDEN and I spon- Community coalitions represent the or sored legislation to create the Drug front lines in the fight against drug (ii) for a local drug crisis— Free Communities, DFC, grant pro- abuse. The DFCEA will help to ensure (I) rates of use and abuse for a specific drug that community coalitions will remain at levels that are significantly higher than gram. At the time, I believed, as I still the national average, as determined by the do today, that one of the most effective strong and vibrant no matter the eco- Director (including appropriate consider- ways the Federal Government can pre- nomic or drug trend situation in the ation of the Monitoring of the Future Survey vent drug abuse from flourishing is by community. Drug abuse flourishes published by the Department of Health and supporting local community efforts to when the problem is ignored. If we are Human Services and the National Survey on identify, prevent and eradicate the to overcome the challenges of drug Drug Use and Health by the Substance Abuse sources of abuse. Since the passage of abuse we must stand untied in the ef- and Mental Health Service Administration); the Drug Free Communities Act, hun- fort. I urge my colleagues to join us as and dreds of community anti-drug coali- we continue this fight to keep our com- (II) rates of use and abuse for a specific munities drug free. drug that continue over a sustained period of tions have received Federal grants to further their efforts to halt the spread time, as determined by the Director. By Mr. DURBIN (for himself, Mr. (b) AUTHORIZATION OF PROGRAM.—The Di- of drug abuse in their communities. rector may make enhancement grants to eli- Despite the successes of the DFC pro- BROWN of Ohio, Mr. HARKIN, and gible entities to implement comprehensive gram, drug abuse continues to chal- Mr. FRANKEN): community-wide strategies that address lenge our communities. More often S. 3033. A bill to amend title 11, emerging local drug issues or local drug cri- than not, a community can rise up to United States Code, to improve protec- ses within the area served by the eligible en- meet this challenge head on and con- tions for employees and retirees in tity. front the abuse before it spreads. How- business bankruptcies; to the Com- (c) APPLICATION.— ever, drug abuse is one challenge that mittee on the Judiciary. (1) IN GENERAL.—An eligible entity desiring Mr. DURBIN. Mr. President, I ask can emerge in rapid fashion. In dif- an enhancement grant under this section unanimous consent that the text of the shall submit an application to the Director ficult economic times when States and bill be printed in the RECORD. communities struggle to stay within at such time, in such manner, and accom- There being no objection, the text of panied by such information as the Director their budgets without eliminating vital the bill was ordered to be printed in may require. services, it is important that commu- the RECORD, as follows: (2) CRITERIA.—As part of an application for nity anti-drug coalitions do not suffer S. 3033 a grant under this section, the Director shall from a lack of resources. This is why I require an eligible entity to submit a de- am pleased to join my colleague, Sen- Be it enacted by the Senate and House of Rep- tailed, comprehensive, multi-sector plan for resentatives of the United States of America in addressing the emerging local drug issue or ator LEAHY, in introducing the Drug Congress assembled, local drug crises within the area served by Free Communities Enhancement Act, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the eligible entity. DFCEA, of 2010. (a) SHORT TITLE.—This Act may be cited as (d) USES OF FUNDS.—A grant under this This legislation builds off the suc- the ‘‘Protecting Employees and Retirees in section shall be used to— cessful DFC grant program by allowing Business Bankruptcies Act of 2010’’.

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(b) TABLE OF CONTENTS.—The table of con- (3) in paragraph (5), by striking subpara- by the debtor before the date of the filing of tents of this Act is as follows: graph (B) and inserting the following: the petition; and Sec. 1. Short title; table of contents. ‘‘(B) for each such plan, to the extent of ‘‘(B) provides for recovery of claims arising Sec. 2. Findings. the number of employees covered by each from the modification of retiree benefits or TITLE I—IMPROVING RECOVERIES FOR such plan, multiplied by $20,000.’’. for other financial returns, as negotiated by EMPLOYEES AND RETIREES SEC. 102. CLAIM FOR STOCK VALUE LOSSES IN the debtor and the authorized representative DEFINED CONTRIBUTION PLANS. (to the extent that such returns are paid Sec. 101. Increased wage priority. Section 101(5) of title 11, United States under, rather than outside of, a plan).’’. Sec. 102. Claim for stock value losses in de- Code, is amended— SEC. 105. PRIORITY FOR WARN ACT DAMAGES. fined contribution plans. (1) in subparagraph (A), by striking ‘‘or’’ at Section 503(b)(1)(A)(ii) of title 11, United Sec. 103. Priority for severance pay. the end; Sec. 104. Financial returns for employees States Code is amended to read as follows: (2) in subparagraph (B), by inserting ‘‘or’’ and retirees. ‘‘(ii) wages and benefits awarded pursuant after the semicolon; and Sec. 105. Priority for WARN Act damages. to a judicial proceeding or a proceeding of (3) by adding at the end the following: the National Labor Relations Board as back TITLE II—REDUCING EMPLOYEES’ AND ‘‘(C) right or interest in equity securities pay or damages attributable to any period of RETIREES’ LOSSES of the debtor, or an affiliate of the debtor, time occurring after the date of commence- Sec. 201. Rejection of collective bargaining held in a defined contribution plan (within ment of the case under this title, as a result agreements. the meaning of section 3(34) of the Employee of a violation of Federal or State law by the Sec. 202. Payment of insurance benefits to Retirement Income Security Act of 1974 (29 debtor, without regard to the time of the oc- retired employees. U.S.C. 1002(34))) for the benefit of an indi- currence of unlawful conduct on which the Sec. 203. Protection of employee benefits in vidual who is not an insider, a senior execu- award is based or to whether any services a sale of assets. tive officer, or any of the 20 next most highly were rendered on or after the commencement Sec. 204. Claim for pension losses. compensated employees of the debtor (if 1 or of the case, including an award by a court Sec. 205. Payments by secured lender. more are not insiders), if such securities under section 2901 of title 29, United States Sec. 206. Preservation of jobs and benefits. were attributable to either employer con- Code, of up to 60 days’ pay and benefits fol- Sec. 207. Termination of exclusivity. tributions by the debtor or an affiliate of the lowing a layoff that occurred or commenced TITLE III—RESTRICTING EXECUTIVE debtor, or elective deferrals (within the at a time when such award period includes a COMPENSATION PROGRAMS meaning of section 402(g) of the Internal period on or after the commencement of the Sec. 301. Executive compensation upon exit Revenue Code of 1986), and any earnings case, if the court determines that payment from bankruptcy. thereon, if an employer or plan sponsor who of wages and benefits by reason of the oper- Sec. 302. Limitations on executive com- has commenced a case under this title has ation of this clause will not substantially in- pensation enhancements. committed fraud with respect to such plan or crease the probability of layoff or termi- Sec. 303. Assumption of executive benefit has otherwise breached a duty to the partici- nation of current employees or of non- plans. pant that has proximately caused the loss of payment of domestic support obligations Sec. 304. Recovery of executive compensa- value.’’. during the case under this title.’’. tion. SEC. 103. PRIORITY FOR SEVERANCE PAY. TITLE II—REDUCING EMPLOYEES’ AND Sec. 305. Preferential compensation trans- Section 503(b) of title 11, United States RETIREES’ LOSSES fer. Code, is amended— SEC. 201. REJECTION OF COLLECTIVE BAR- TITLE IV—OTHER PROVISIONS (1) in paragraph (8), by striking ‘‘and’’ at GAINING AGREEMENTS. Sec. 401. Union proof of claim. the end; Section 1113 of title 11, United States Code, Sec. 402. Exception from automatic stay. (2) in paragraph (9), by striking the period is amended by striking subsections (a) and inserting ‘‘; and’’; and SEC. 2. FINDINGS. through (f) and inserting the following: (3) by adding at the end the following: The Congress finds the following: ‘‘(a) The debtor in possession, or the trust- ‘‘(10) severance pay owed to employees of (1) Business bankruptcies have increased ee if one has been appointed under this chap- the debtor (other than to an insider, other sharply over the past year and remain at ter, other than a trustee in a case covered by senior management, or a consultant retained high levels. These bankruptcies include sev- subchapter IV of this chapter and by title I to provide services to the debtor), under a eral of the largest business bankruptcy fil- of the Railway Labor Act, may reject a col- plan, program, or policy generally applicable ings in history. As the use of bankruptcy has lective bargaining agreement only in accord- to employees of the debtor (but not under an expanded, job preservation and retirement ance with this section. Hereinafter in this individual contract of employment), or owed security are placed at greater risk. section, a reference to the trustee includes a pursuant to a collective bargaining agree- (2) Laws enacted to improve recoveries for reference to the debtor in possession. ment, for layoff or termination on or after employees and retirees and limit their losses ‘‘(b) No provision of this title shall be con- the date of the filing of the petition, which in bankruptcy cases have not kept pace with strued to permit the trustee to unilaterally pay shall be deemed earned in full upon such the increasing and broader use of bankruptcy terminate or alter any provision of a collec- layoff or termination of employment.’’. by businesses in all sectors of the economy. tive bargaining agreement before complying However, while protections for employees SEC. 104. FINANCIAL RETURNS FOR EMPLOYEES with this section. The trustee shall timely AND RETIREES. and retirees in bankruptcy cases have erod- pay all monetary obligations arising under Section 1129(a) of title 11, United States ed, management compensation plans devised the terms of the collective bargaining agree- Code is amended— for those in charge of troubled businesses ment. Any such payment required to be (1) by adding at the end the following: have become more prevalent and are escap- made before a plan confirmed under section ‘‘(17) The plan provides for recovery of ing adequate scrutiny. 1129 is effective has the status of an allowed damages payable for the rejection of a col- (3) Changes in the law regarding these mat- administrative expense under section 503. lective bargaining agreement, or for other fi- ters are urgently needed as bankruptcy is ‘‘(c)(1) If the trustee seeks modification of nancial returns as negotiated by the debtor used to address increasingly more complex a collective bargaining agreement, then the and the authorized representative under sec- and diverse conditions affecting troubled trustee shall provide notice to the labor or- tion 1113 (to the extent that such returns are businesses and industries. ganization representing the employees cov- paid under, rather than outside of, a plan).’’; ered by the agreement that modifications TITLE I—IMPROVING RECOVERIES FOR and are being proposed under this section, and EMPLOYEES AND RETIREES (2) by striking paragraph (13) and inserting shall promptly provide an initial proposal for SEC. 101. INCREASED WAGE PRIORITY. the following: modifications to the agreement. Thereafter, Section 507(a) of title 11, United States ‘‘(13) With respect to retiree benefits, as the trustee shall confer in good faith with Code, is amended— that term is defined in section 1114(a), the the labor organization, at reasonable times (1) in paragraph (4)— plan— and for a reasonable period in light of the (A) by striking ‘‘$10,000’’ and inserting ‘‘(A) provides for the continuation after its complexity of the case, in attempting to ‘‘$20,000’’; effective date of payment of all retiree bene- reach mutually acceptable modifications of (B) by striking ‘‘within 180 days’’; and fits at the level established pursuant to sub- such agreement. (C) by striking ‘‘or the date of the ces- section (e)(1)(B) or (g) of section 1114 at any ‘‘(2) The initial proposal and subsequent sation of the debtor’s business, whichever oc- time before the date of confirmation of the proposals by the trustee for modification of curs first,’’; plan, for the duration of the period for which a collective bargaining agreement shall be (2) in paragraph (5)(A), by striking— the debtor has obligated itself to provide based upon a business plan for the reorga- (A) ‘‘within 180 days’’; and such benefits, or if no modifications are nization of the debtor, and shall reflect the (B) ‘‘or the date of the cessation of the made before confirmation of the plan, the most complete and reliable information debtor’s business, whichever occurs first’’; continuation of all such retiree benefits available. The trustee shall provide to the and maintained or established in whole or in part labor organization all information that is

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PAYMENT OF INSURANCE BENEFITS TO evaluate the trustee’s proposals and any ap- ‘‘(E) the court concludes that rejection of RETIRED EMPLOYEES. plication for rejection of the agreement or the agreement and immediate implementa- Section 1114 of title 11, United States Code, for interim relief pursuant to this section. tion of the trustee’s proposal is essential to is amended— (1) in subsection (a), by inserting ‘‘, wheth- ‘‘(3) In consideration of Federal policy en- permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization er or not the debtor asserts a right to unilat- couraging the practice and process of collec- erally modify such payments under such tive bargaining and in recognition of the bar- is not likely to be followed by liquidation, or the need for further financial reorganization, plan, fund, or program’’ before the period at gained-for expectations of the employees the end; covered by the agreement, modifications of the debtor (or any successor to the debtor) in the short term. (2) in subsection (b)(2), by inserting after proposed by the trustee— ‘‘section’’ the following: ‘‘, and a labor orga- ‘‘(A) shall be proposed only as part of a ‘‘(3) If the trustee has implemented a program of incentive pay, bonuses, or other fi- nization serving as the authorized represent- program of workforce and nonworkforce cost nancial returns for insiders, senior executive ative under subsection (c)(1),’’; savings devised for the reorganization of the officers, or the 20 next most highly com- (3) in subsection (f), by striking ‘‘(f)’’ and debtor, including savings in management pensated employees or consultants providing all that follows through paragraph (2) and in- personnel costs; services to the debtor during the bank- serting the following: ‘‘(B) shall be limited to modifications de- ruptcy, or such a program was implemented ‘‘(f)(1) If a trustee seeks modification of resigned to achieve a specified aggregate finan- within 180 days before the date of the filing tiree benefits, then the trustee shall provide cial contribution for the employees covered of the petition, the court shall presume that a notice to the authorized representative by the agreement (taking into consideration the trustee has failed to satisfy the require- that modifications are being proposed pursu- any labor cost savings negotiated within the ments of subsection (c)(3)(C). ant to this section, and shall promptly pro- 12-month period before the filing of the peti- ‘‘(4) In no case shall the court enter an vide an initial proposal. Thereafter, the tion), and shall be not more than the min- order rejecting a collective bargaining agree- trustee shall confer in good faith with the imum savings essential to permit the debtor ment that would result in modifications to a authorized representative at reasonable to exit bankruptcy, such that confirmation level lower than the level proposed by the times and for a reasonable period in light of of a plan of reorganization is not likely to be trustee in the proposal found by the court to the complexity of the case in attempting to followed by the liquidation, or the need for have complied with the requirements of this reach mutually satisfactory modifications. further financial reorganization, of the debt- section. ‘‘(2) The initial proposal and subsequent or (or any successor to the debtor) in the ‘‘(5) At any time after the date on which an proposals by the trustee shall be based upon short term; and order rejecting a collective bargaining agree- a business plan for the reorganization of the ‘‘(C) shall not be disproportionate or overly ment is entered, or in the case of an agree- debtor and shall reflect the most complete burden the employees covered by the agreement entered into between the trustee and and reliable information available. The ment, either in the amount of the cost sav- the labor organization providing mutually trustee shall provide to the authorized rep- ings sought from such employees or the na- satisfactory modifications, at any time after resentative all information that is relevant ture of the modifications. such agreement has been entered into, the for the negotiations. The court may enter a ‘‘(d)(1) If, after a period of negotiations, labor organization may apply to the court protective order to prevent the disclosure of the trustee and the labor organization have for an order seeking an increase in the level information if disclosure could compromise not reached an agreement over mutually sat- of wages or benefits, or relief from working the debtor’s position with respect to its com- isfactory modifications, and further negotia- conditions, based upon changed cir- petitors in the industry, subject to the needs tions are not likely to produce mutually sat- cumstances. The court shall grant the re- of the authorized representative to evaluate isfactory modifications, the trustee may file quest only if the increase or other relief is the trustee’s proposals and an application a motion seeking rejection of the collective not inconsistent with the standard set forth pursuant to subsection (g) or (h). ‘‘(3) Modifications proposed by the trust- bargaining agreement after notice and a in paragraph (2)(E). ‘‘(e) During a period in which a collective ee— hearing. Absent agreement of the parties, no bargaining agreement at issue under this ‘‘(A) shall be proposed only as part of a such hearing shall be held before the expira- section continues in effect, and if essential program of workforce and nonworkforce cost tion of the 21-day period beginning on the to the continuation of the debtor’s business savings devised for the reorganization of the date on which notice of the hearing is pro- or in order to avoid irreparable damage to debtor, including savings in management vided to the labor organization representing the estate, the court, after notice and a hear- personnel costs; the employees covered by the agreement. ing, may authorize the trustee to implement ‘‘(B) shall be limited to modifications that Only the debtor and the labor organization interim changes in the terms, conditions, are designed to achieve a specified aggregate may appear and be heard at such hearing. An wages, benefits, or work rules provided by financial contribution for the retiree group application for rejection shall seek rejection the collective bargaining agreement. Any represented by the authorized representative effective upon the entry of an order granting hearing under this subsection shall be sched- (taking into consideration any cost savings the relief. uled in accordance with the needs of the implemented within the 12-month period be- ‘‘(2) In consideration of Federal policy en- trustee. The implementation of such interim fore the date of filing of the petition with re- couraging the practice and process of collec- changes shall not render the application for spect to the retiree group), and shall be no tive bargaining and in recognition of the bar- rejection moot. more than the minimum savings essential to gained-for expectations of the employees ‘‘(f) Rejection of a collective bargaining permit the debtor to exit bankruptcy, such covered by the agreement, the court may agreement constitutes a breach of the agree- that confirmation of a plan of reorganization grant a motion seeking rejection of a collec- ment, and shall be effective no earlier than is not likely to be followed by the liquida- tive bargaining agreement only if, based on the entry of an order granting such relief. tion, or the need for further financial reorga- clear and convincing evidence — Notwithstanding the foregoing, solely for nization, of the debtor (or any successor to ‘‘(A) the court finds that the trustee has purposes of determining and allowing a the debtor) in the short term; and complied with the requirements of sub- claim arising from the rejection of a collec- ‘‘(C) shall not be disproportionate or overly section (c); tive bargaining agreement, rejection shall be burden the retiree group, either in the ‘‘(B) the court has considered alternative treated as rejection of an executory contract amount of the cost savings sought from such proposals by the labor organization and has under section 365(g) and shall be allowed or group or the nature of the modifications.’’; concluded that such proposals do not meet disallowed in accordance with section (4) in subsection (g)— the requirements of paragraph (3)(B) of sub- 502(g)(1). No claim for rejection damages (A) by striking ‘‘(g)’’ and all that follows section (c); shall be limited by section 502(b)(7). Eco- through the semicolon at the end of para- ‘‘(C) the court finds that further negotia- nomic self-help by a labor organization shall graph (3) and inserting the following: tions regarding the trustee’s proposal or an be permitted upon a court order granting a ‘‘(g)(1) If, after a period of negotiations, alternative proposal by the labor organiza- motion to reject a collective bargaining the trustee and the authorized representation are not likely to produce an agreement; agreement under subsection (d) or pursuant tive have not reached agreement over mutu- ‘‘(D) the court finds that implementation to subsection (e), and no provision of this ally satisfactory modifications and further of the trustee’s proposal shall not— title or of any other provision of Federal or negotiations are not likely to produce mutu- ‘‘(i) cause a material diminution in the State law may be construed to the contrary. ally satisfactory modifications, then the purchasing power of the employees covered ‘‘(g) The trustee shall provide for the rea- trustee may file a motion seeking modifica- by the agreement; sonable fees and costs incurred by a labor or- tions in the payment of retiree benefits after

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Only the debtor and the author- come Security Act of 1974 (29 U.S.C. 1002(34)), porates the terms of a settlement with a ized representative may appear and be heard or by a labor organization representing such labor organization if such plan is reasonably at such hearing. participants. The amount of such claim shall likely to be confirmed within a reasonable ‘‘(2) The court may grant a motion to mod- be measured by the market value of the time.’’. ify the payment of retiree benefits only if, stock at the time of contribution to, or pur- TITLE III—RESTRICTING EXECUTIVE based on clear and convincing evidence— chase by, the plan and the value as of the COMPENSATION PROGRAMS ‘‘(A) the court finds that the trustee has commencement of the case.’’. SEC. 301. EXECUTIVE COMPENSATION UPON EXIT complied with the requirements of sub- SEC. 205. PAYMENTS BY SECURED LENDER. FROM BANKRUPTCY. section (f); Section 506(c) of title 11, United States Section 1129(a) of title 11, United States ‘‘(B) the court has considered alternative Code, is amended by adding at the end the Code, is amended— proposals by the authorized representative following: ‘‘If employees have not received (1) in paragraph (4), by adding at the end and has determined that such proposals do wages, accrued vacation, severance, or other the following: ‘‘Except for compensation sub- not meet the requirements of subsection benefits owed under the policies and prac- ject to review under paragraph (5), payments (f)(3)(B); tices of the debtor, or pursuant to the terms or other distributions under the plan to or ‘‘(C) the court finds that further negotia- of a collective bargaining agreement, for for the benefit of insiders, senior executive tions regarding the trustee’s proposal or an services rendered on and after the date of the officers, and any of the 20 next most highly alternative proposal by the authorized rep- commencement of the case, then such unpaid compensated employees or consultants pro- resentative are not likely to produce a mutu- obligations shall be deemed necessary costs viding services to the debtor, shall not be ap- ally satisfactory agreement; and expenses of preserving, or disposing of, proved except as part of a program of pay- ‘‘(D) the court finds that implementation property securing an allowed secured claim ments or distributions generally applicable of the proposal shall not cause irreparable and shall be recovered even if the trustee has to employees of the debtor, and only to the harm to the affected retirees; and otherwise waived the provisions of this sub- extent that the court determines that such ‘‘(E) the court concludes that an order section under an agreement with the holder payments are not excessive or dispropor- granting the motion and immediate imple- of the allowed secured claim or a successor tionate compared to distributions to the mentation of the trustee’s proposal is essen- or predecessor in interest.’’. debtor’s nonmanagement workforce.’’; and tial to permit the debtor to exit bankruptcy, SEC. 206. PRESERVATION OF JOBS AND BENE- (2) in paragraph (5)— such that confirmation of a plan of reorga- FITS. (A) in subparagraph (A)(ii), by striking nization is not likely to be followed by liq- Title 11, United States Code, is amended— ‘‘and’’ at the end; and uidation, or the need for further financial re- (1) by inserting before section 1101 the fol- (B) in subparagraph (B), by striking the pe- organization, of the debtor (or a successor to lowing: riod at the end and inserting the following: the debtor) in the short term. ‘‘SEC. 1100. STATEMENT OF PURPOSE. ‘‘; and ‘‘(3) If a trustee has implemented a pro- ‘‘(C) the compensation disclosed pursuant gram of incentive pay, bonuses, or other fi- ‘‘A debtor commencing a case under this chapter shall have as its principal purpose to subparagraph (B) has been approved by, or nancial returns for insiders, senior executive is subject to the approval of, the court as officers, or the 20 next most highly-com- the reorganization of its business to preserve reasonable when compared to individuals pensated employees or consultants providing going concern value to the maximum extent holding comparable positions at comparable services to the debtor during the bank- possible through the productive use of its as- companies in the same industry and not dis- ruptcy, or such a program was implemented sets and the preservation of jobs that will proportionate in light of economic conces- within 180 days before the date of the filing sustain productive economic activity.’’; sions by the debtor’s nonmanagement work- of the petition, the court shall presume that (2) in section 1129(a), as amended by sec- force during the case.’’. the trustee has failed to satisfy the require- tion 104, by adding at the end the following: ments of subparagraph (f)(3)(C).’’; and ‘‘(18) The debtor has demonstrated that the SEC. 302. LIMITATIONS ON EXECUTIVE COM- PENSATION ENHANCEMENTS. (B) by striking ‘‘except that in no case’’ reorganization preserves going concern value to the maximum extent possible through the Section 503(c) of title 11, United States and inserting the following: Code, is amended— ‘‘(4) In no case’’; and productive use of the debtor’s assets and pre- (1) in paragraph (1)— (5) by striking subsection (k) and redesig- serves jobs that sustain productive economic (A) by inserting ‘‘, a senior executive offi- nating subsections (l) and (m) as subsections activity.’’; cer, or any of the 20 next most highly com- (k) and (l), respectively. (3) in section 1129(c), by striking the last sentence and inserting the following: ‘‘If the pensated employees or consultants’’ after SEC. 203. PROTECTION OF EMPLOYEE BENEFITS ‘‘an insider’’; IN A SALE OF ASSETS. requirements of subsections (a) and (b) are Section 363(b) of title 11, United States met with respect to more than 1 plan, the (B) by inserting ‘‘or for the payment of Code, is amended by adding at the end the court shall, in determining which plan to performance or incentive compensation, or a following: confirm— bonus of any kind, or other financial returns ‘‘(3) In approving a sale under this sub- ‘‘(1) consider the extent to which each plan designed to replace or enhance incentive, section, the court shall consider the extent would preserve going concern value through stock, or other compensation in effect before to which a bidder has offered to maintain ex- the productive use of the debtor’s assets and the date of the commencement of the case,’’ isting jobs, preserve terms and conditions of the preservation of jobs that sustain produc- after ‘‘remain with the debtor’s business,’’; employment, and assume or match pension tive economic activity; and and and retiree health benefit obligations in de- ‘‘(2) confirm the plan that better serves (C) by inserting ‘‘clear and convincing’’ be- termining whether an offer constitutes the such interests. fore ‘‘evidence in the record’’; and highest or best offer for such property.’’. (2) by amending paragraph (3) to read as A plan that incorporates the terms of a set- SEC. 204. CLAIM FOR PENSION LOSSES. follows: tlement with a labor organization rep- ‘‘(3) other transfers or obligations, to or for Section 502 of title 11, United States Code, resenting employees of the debtor shall pre- is amended by adding at the end the fol- the benefit of insiders, senior executive offi- sumptively constitute the plan that satisfies cers, managers, or consultants providing lowing: this subsection.’’; and ‘‘(l) The court shall allow a claim asserted services to the debtor, in the absence of a (4) in the table of sections for chapter 11, by an active or retired participant, or by a finding by the court, based upon clear and by inserting the following before the item re- labor organization representing such partici- convincing evidence, and without deference lating to section 1101: pants, in a defined benefit plan terminated to the debtor’s request for such payments, under section 4041 or 4042 of the Employee ‘‘1100. Statement of purpose.’’. that such transfers or obligations are essen- Retirement Income Security Act of 1974, for SEC. 207. TERMINATION OF EXCLUSIVITY. tial to the survival of the debtor’s business any shortfall in pension benefits accrued as Section 1121(d) of title 11, United States or (in the case of a liquidation of some or all of the effective date of the termination of Code, is amended by adding at the end the of the debtor’s assets) essential to the or- such pension plan as a result of the termi- following: derly liquidation and maximization of value nation of the plan and limitations upon the ‘‘(3) For purposes of this subsection, cause of the assets of the debtor, in either case, be- payment of benefits imposed pursuant to sec- for reducing the 120-day period or the 180-day cause of the essential nature of the services tion 4022 of such Act, notwithstanding any period includes the following: provided, and then only to the extent that claim asserted and collected by the Pension ‘‘(A) The filing of a motion pursuant to the court finds such transfers or obligations Benefit Guaranty Corporation with respect section 1113 seeking rejection of a collective are reasonable compared to individuals hold- to such termination. bargaining agreement if a plan based upon ing comparable positions at comparable

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.001 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1749 companies in the same industry and not dis- paid or payable under title IV of the Em- ‘‘(29) of the commencement or continu- proportionate in light of economic conces- ployee Retirement Income Security Act of ation of a grievance, arbitration, or similar sions by the debtor’s nonmanagement work- 1974 as a result of any such termination. dispute resolution proceeding established by force during the case.’’. ‘‘(c) Upon the determination of the per- a collective bargaining agreement that was SEC. 303. ASSUMPTION OF EXECUTIVE BENEFIT centage diminution in value under sub- or could have been commenced against the PLANS. section (a) or (b), the estate shall have a debtor before the filing of a case under this Section 365 of title 11, United States Code, claim for the return of the same percentage title, or the payment or enforcement of an is amended— of the compensation paid, directly or indi- award or settlement under such pro- (1) in subsection (a), by striking ‘‘and (d)’’ rectly (including any transfer to a self-set- ceeding.’’. and inserting ‘‘(d), (q), and (r)’’; and tled trust or similar device, or to a non- (2) by adding at the end the following: qualified deferred compensation plan under By Mr. DODD (for himself and ‘‘(q) No deferred compensation arrange- section 409A(d)(1) of the Internal Revenue ment for the benefit of insiders, senior exec- Code of 1986) to any officer of the debtor Mr. UDALL, of New Mexico): utive officers, or any of the 20 next most serving as member of the board of directors S.J. Res. 28. A joint resolution pro- highly compensated employees of the debtor of the debtor within the year before the date posing an amendment to the Constitu- shall be assumed if a defined benefit plan for of the commencement of the case, and any tion of the United States relating to employees of the debtor has been terminated individual serving as chairman or lead direc- pursuant to section 4041 or 4042 of the Em- tor of the board of directors at the time of contributions and expenditures in- ployee Retirement Income Security Act of the granting of relief under section 1113 or tended to affect elections; to the Com- 1974, on or after the date of the commence- 1114 or, if no such relief has been granted, the mittee on the Judiciary. ment of the case or within 180 days before termination of the defined benefit plan. Mr. DODD. Mr. President, I rise to the date of the commencement of the case. ‘‘(d) The trustee or a committee appointed ‘‘(r) No plan, fund, program, or contract to pursuant to section 1102 may commence an discuss a constitutional amendment I provide retiree benefits for insiders, senior action to recover such claims, except that if am introducing today, along with my executive officers, or any of the 20 next most neither the trustee nor such committee com- colleague Senator TOM UDALL, in the highly compensated employees of the debtor mences an action to recover such claim by wake of the U.S. Supreme Court’s re- shall be assumed if the debtor has obtained the first date set for the hearing on the con- cent Citizens United v. Federal Elec- relief under subsection (g) or (h) of section firmation of plan under section 1129, any tion Commission decision. This pro- 1114 to impose reductions in retiree benefits party in interest may apply to the court for or under subsection (d) or (e) of section 1113 authority to recover such claim for the ben- posed amendment would simply au- to impose reductions in the health benefits efit of the estate. The costs of recovery shall thorize Congress to regulate the rais- of active employees of the debtor, or reduced be borne by the estate. ing and spending of money for Federal or eliminated health benefits for active or ‘‘(e) The court shall not award postpetition political campaigns—including inde- retired employees within 180 days before the compensation under section 503(c) or other- pendent expenditures—and allow date of the commencement of the case.’’. wise to any person subject to subsection (c) States to regulate such spending at if there is a reasonable likelihood that such SEC. 304. RECOVERY OF EXECUTIVE COMPENSA- their level. It would also provide for TION. compensation is intended to reimburse or re- Title 11, United States Code, is amended by place compensation recovered by the estate implementation and enforcement of inserting after section 562 the following: under this section.’’. the amendment through appropriate ‘‘SEC. 563. RECOVERY OF EXECUTIVE COMPENSA- SEC. 305. PREFERENTIAL COMPENSATION TRANS- legislation. I invite my colleagues on TION. FER. both sides of the aisle to join us by co- ‘‘(a) If a debtor has obtained relief under Section 547 of title 11, United States Code, sponsoring the amendment. subsection (d) of section 1113, or subsection is amended by adding at the end the fol- (g) of section 1114, by which the debtor re- lowing: Let me begin by noting that I am a duces the cost of its obligations under a col- ‘‘(j) The trustee may avoid a transfer to or firm believer in the sanctity of the lective bargaining agreement or a plan, fund, for the benefit of an insider (including an ob- First Amendment. I believe we must or program for retiree benefits as defined in ligation incurred for the benefit of an insider continue to do all we can to protect the section 1114(a), the court, in granting relief, under an employment contract) made in an- free speech rights of all Americans. I shall determine the percentage diminution ticipation of bankruptcy, or a transfer made in the value of the obligations when com- in anticipation of bankruptcy to a consult- do not suggest changing the language pared to the debtor’s obligations under the ant who is formerly an insider and who is re- of the First Amendment, which I re- collective bargaining agreement, or with retained to provide services to an entity that vere. But I do not believe that money spect to retiree benefits, as of the date of the becomes a debtor (including an obligation is speech, nor do I believe that corpora- commencement of the case under this title under a contract to provide services to such tions should be treated exactly the before granting such relief. In making its de- entity or to a debtor) made or incurred on or same as individual Americans when it termination, the court shall include reduc- within 1 year before the filing of the peti- tions in benefits, if any, as a result of the tion. No provision of subsection (c) shall con- comes to protected, fundamental termination pursuant to section 4041 or 4042 stitute a defense against the recovery of speech rights. That is what the Su- of the Employee Retirement Income Secu- such transfer. The trustee or a committee preme Court has effectively now held. rity Act of 1974, of a defined benefit plan ad- appointed pursuant to section 1102 may com- I recognize that amending the Con- ministered by the debtor, or for which the mence an action to recover such transfer, ex- debtor is a contributing employer, effective cept that, if neither the trustee nor such stitution is a long-term undertaking, at any time on or after 180 days before the committee commences an action to recover and that this effort will not likely bear date of the commencement of a case under such transfer by the time of the commence- fruit during my remaining time in this this title. The court shall not take into ac- ment of a hearing on the confirmation of a body. Reinhold Niebuhr said that noth- count pension benefits paid or payable under plan under section 1129, any party in interest ing worth doing is completed in our of such Act as a result of any such termi- may apply to the court for authority to re- lifetime; I would add much less during nation. cover the claims for the benefit of the estate. a Senate term.’ I hope that in the wake ‘‘(b) If a defined benefit pension plan ad- The costs of recovery shall be borne by the ministered by the debtor, or for which the estate.’’. of this court decision we can begin that debtor is a contributing employer, has been TITLE IV—OTHER PROVISIONS comprehensive reform effort; I know terminated pursuant to section 4041 or 4042 of that it would be worth doing. The Con- SEC. 401. UNION PROOF OF CLAIM. the Employee Retirement Income Security stitution itself establishes a long and Section 501(a) of title 11, United States Act of 1974, effective at any time on or after complex process for its own amend- 180 days before the date of the commence- Code, is amended by inserting ‘‘, including a ment of a case under this title, but a debtor labor organization,’’ after ‘‘A creditor’’. ment, including approval by Congress has not obtained relief under subsection (d) SEC. 402. EXCEPTION FROM AUTOMATIC STAY. and the States, and I am proposing to of section 1113, or subsection (g) of section Section 362(b) of title 11, United States use that process to save our democratic 1114, then the court, upon motion of a party Code, is amended— system of government, and ultimately in interest, shall determine the percentage (1) in paragraph (27), by striking ‘‘and’’ at our republic, from the continued corro- diminution in the value of benefit obliga- the end; sion of special interest influence. tions when compared to the total benefit li- (2) in paragraph (28), by striking the period abilities before such termination. The court at the end and inserting ‘‘; and’’; and I am introducing the amendment be- shall not take into account pension benefits (3) by adding at the end the following: cause I believe that constitutional

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.001 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1750 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 questions deserve constitutional an- ence over the fate of our elected rep- ist judicial power the majority in this swers. While I intend to support in- resentatives. Such a system does not sharply divided court took the rare terim legislative steps to address ur- promote free speech; it mocks it. step of asking for the case to be broad- gently those issues that can be ad- I have worked for decades to reform ened and re-argued, and then issued dressed in the wake of this decision, in- our campaign finance laws, with col- this sweeping decision. cluding increased disclosure require- leagues and former colleagues like Sen- With this decision, I believe the court ments, further limitations to prevent ators Boren, Mitchell, BYRD, Daschle, has seriously jeopardized its own integ- foreign corporations’ influence on our FEINGOLD, KERRY, MCCAIN, Dole, COCH- rity, already damaged by its hugely elections, and other measures, I think RAN, and others. Time and again we controversial decision in Bush v. Gore, the scope of such efforts is limited by have developed comprehensive bipar- and done enormous harm to our democ- the court’s sweeping, even radical con- tisan efforts, only to have them frus- racy—harm which will only become clusions in this case. trated by a small minority of Senators, clearer to Americans in the next few Make no mistake, as much of the or in one case by a veto exercised by years as close Congressional and state commentary surrounding it suggests, the first President Bush. I have served races are decided by the spending of the Citizens United case is one of the my party as head of the Democratic corporate interests. most radical decisions in the court’s National Committee, and so I have The public reaction to this court de- long history of campaign finance re- seen the problems of our current cam- cision has been swift and strong, I form jurisprudence. It overturns 100 paign finance system from a variety of think because Americans intuitively years of precedents to come to the un- perspectives. recognize that it represents an enor- justified conclusion that corporations In previous debates I have rehearsed mous transfer of power away from citi- deserve the same free speech protec- the problems with our current system. zens to wealthy corporations. I saw a tions as individual Americans. It opens They include the exponentially in- poll recently which showed broad oppo- the door to corporations spending vast creasing costs of campaigns. The end- sition to the decision among all Ameri- amounts of money directly from their less time we must spend to travel and cans—Democrats, Republicans and treasuries to influence Federal elec- make calls to raise money, which is Independents alike. The poll showed tions, and thereby influence Federal of- then spent mostly on expensive and in- that it was opposed by 66 percent of ficeholders and policy decisions, in creasingly negative TV ads in our Democrats, 63 percent of Republicans, ways much more direct and con- states. The ways in which special inter- and 72 percent of Independents. Ameri- centrated than is the case now through ests buy access and influence, and how cans intuitively recognize the dangers corporate and union political action such influence erodes the trust and of a decision to allow corporations to committees. If you are concerned now confidence of Americans in our democ- spend unlimited funds against can- about the undue special interest influ- racy. These problems are systemic, per- didates. They see this decision’s poten- ence of big banks, energy companies, vasive and fundamental. They require tial to worsen the problem of special health insurance firms, pharmaceutical comprehensive, fundamental reforms. interest influence, and to further erode firms and other special interests on our A constitutional amendment would trust and confidence in that process. political process, just wait until these create the conditions for the possi- Though this hasn’t been commented on entities can spend millions of dollars bility of real statutory reform that too broadly in the media reports fol- directly to elect or defeat office- could then be adjusted as we go along, lowing this decision, I also believe holders. If you are concerned about the to address new abuses and problems as Americans recognize that the next log- special interest-generated paralysis of they arise. ical step the Supreme Court could take our legislative process, wait until you I attended the Supreme Court’s oral in the wake of this decision is to go be- see the results of this decision. As one arguments in this case, and I heard in yond this decision which overturns the distinguished Republican election law- the pointed questions of the Justices ban on corporate independent expendi- yer who opposes the decision recently who composed this 5–4 majority the tures in campaigns to allow direct cor- said, it will be the ‘‘wild, wild west.’’ portents of this radical decision. But porate contributions to candidates. Perhaps most radical is the court’s even then I did not anticipate fully This constitutional amendment is a conclusion that corporations are legal how breathtakingly far the court version of one passionately cham- ‘‘persons’’ seemingly deserving of the would reach. pioned for years by Senator Hollings, exact same free speech protections as That extended reach was not only un- and updated by Senator SCHUMER in all Americans. This decision notwith- wise and unjustified, it was also unnec- the last Congress. I have decided to re- standing, corporations are not people. essary. This court majority, whose introduce it at this point in our debate A first-year law student will note that members have so forcefully decried ju- to emphasize that even though I sup- corporations are basically a legal fic- dicial activism, might have taken a port efforts to do what we can in the tion, entities created with certain lim- less radical approach, and resolved the interim to reform our campaign fi- ited legal rights designed to enable legal issue before them without draw- nance laws, ultimately we must cut them to operate in the business world: ing such sweeping conclusions. Instead, through the underbrush and go directly to enter into and enforce contracts, to they chose to ride roughshod over dec- to the heart of the problem: the Su- conduct transactions, and the like. ades of the court’s own legal prece- preme Court’s decision in Buckley vs. They can’t vote or think or speak or dents and the principle of stare decisis. Valeo and other subsequent decisions run for office. They only make polit- That is why I believe it is fair to say, which conflate money with speech, and ical and policy decisions through their as Justice Stevens did in his stinging this most recent decision in Citizens officers and shareholders, informed by dissent in this case, that this case was United which lifts the long-time ban on their lobbyists and others. They should brought by the Justices themselves. I direct corporate spending in cam- not enjoy the same fundamental free urge my colleagues to read Justice Ste- paigns. speech protections that individual vens’ detailed, powerful and carefully In these decisions, the Supreme Americans enjoy in our political dis- reasoned dissent. In it, among other Court has basically made it impossible course, or the ability to spend unlim- things, he observes that the only thing for Americans to have what they have ited funds directly from large cor- that has really changed since the Su- repeatedly said they want: reasonable porate treasuries for that purpose. As preme Court made its rulings in the regulations of campaign contributions others have observed, the framers Austin, 1990, and McConnell, 2003, deci- and expenditures which do not either could not have imagined, and would sions, upholding the corporate cam- directly or indirectly limit the ideas not have wanted, a system in which paign spending ban, is the composition that may be expressed in the public corporations could pour literally bil- of the Supreme Court. Instead of decid- realm. I submit that such regulations lions of dollars into elections and ing the case based on the narrow issues would actually broaden the public de- thereby exercise grossly outsized influ- before them, in a raw display of activ- bate on a number of issues by freeing it

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.001 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1751 from the narrow confines dictated by There being no objection, the text of Whereas approximately 90 percent of indi- special interest money. With its deci- the joint resolution was ordered to be viduals in prisons throughout the United sions, the Supreme Court has effec- printed in the RECORD, as follows: States are high school dropouts; tively neutered comprehensive efforts Whereas the goal of the National Guard S.J. RES. 28 Youth Foundation, a non-profit 501(c)(3) or- to control the ever-spiraling money Resolved by the Senate and House of Rep- ganization, is to improve the education, life chase, and has forced legislation in- resentatives of the United States of America in skills, and employment potential of high tended to control the cancerous effects Congress assembled (two-thirds of each House school dropouts in the United States through of money in politics to be more com- concurring therein), That the following article public awareness, scholarships, higher edu- plicated and convoluted than nec- is proposed as an amendment to the Con- cation assistance, and job development pro- essary. The complications we are stitution of the United States, which shall be grams; forced to resort to, in turn, create new valid to all intents and purposes as part of Whereas the National Guard Youth Chal- the Constitution when ratified by the legis- opportunities for abuse. lenge Program provides military-based latures of three-fourths of the several States training, supervised work experience, assist- Even without a constitutional within seven years after the date of its sub- ance in obtaining a high school diploma or amendment, we can try to make some mission by the Congress: equivalent degree, and development of lead- progress. For example, I think we made ‘‘ARTICLE— ership qualities, as well as promotion of citizenship, fellowship, service to their commu- some decent progress on the McCain- ‘‘SECTION 1. Congress shall have power to Feingold legislation, even despite the regulate the raising and spending of money nity, life skills training, health and physical Court’s decisions since 2002 narrowing with respect to Federal elections, including education, positive relationships with adults the reach of that law. But we cannot through setting limits on— and peers, and career planning; Whereas the National Guard Youth Chal- enact truly comprehensive legislation ‘‘(1) the amount of contributions to candidates for nomination for election to, or for lenge Program represents a successful joint that will get to the heart of the prob- effort between States and the Federal Gov- lem under current court rulings. I wish election to, Federal office; and ‘‘(2) the amount of expenditures that may ernment; we could. I have long supported a clean be made by, in support of, or in opposition to Whereas since 1993, the National Guard elections system of public financing for such candidates. Youth Challenge Program has developed 32 programs in 27 States and Puerto Rico; Congressional campaigns which would ‘‘SECTION 2. A State shall have power to integrate spending limits, citizen fi- regulate the raising and spending of money Whereas since 1993, over 92,850 young indi- nancing, and other basic reforms. That with respect to State elections, including viduals have successfully graduated from the program, with 80 percent earning their high is the way I think we should go. There through setting limits on— ‘‘(1) the amount of contributions to can- school diploma or GED certificate, 24 percent are other approaches. But the fact is— going to college, 18 percent joining the mili- and I am sorry for this—that unless the didates for nomination for election to, or for election to, State office; and tary, and 57 percent entering the workforce Supreme Court again reverses itself, we ‘‘(2) the amount of expenditures that may with career jobs; cannot get the comprehensive legisla- be made by, in support of, or in opposition to Whereas the National Guard Youth Chal- tion we really need unless we first such candidates. lenge Program has successfully helped high school dropouts in this Nation; and adopt an amendment to the Constitu- ‘‘SECTION 3. Congress shall have power to tion. implement and enforce this article by appro- Whereas the National Guard Youth Chal- priate legislation.’’. lenge Program can play a larger role in pro- This amendment is neutral on what viding assistance to the youth of the United kind of regulation of campaigns would f States: Now, therefore, be it be allowed. It simply authorizes such Resolved, That the Senate— SUBMITTED RESOLUTIONS regulation, and leaves it to Congress (1) supports the goals and ideals of ‘‘Na- and state legislatures to determine tional Guard Youth Challenge Day’’; and what might be appropriate. That is (2) calls upon the people of the United SENATE RESOLUTION 421—SUP- States to observe ‘‘National Guard Youth where such decisions should be made PORTING THE GOALS AND Challenge Day’’ on February 24, 2010, with on these issues: by the people’s rep- IDEALS OF ‘‘NATIONAL GUARD appropriate ceremonies and respect. resentatives in Congress and in state YOUTH CHALLENGE DAY’’ f legislatures. That is why I think amending the Constitution and ena- Ms. LANDRIEU (for herself, Mrs. AMENDMENTS SUBMITTED AND bling Congress to make those decisions LINCOLN, Mr. CHAMBLISS, Mrs. SHA- PROPOSED HEEN, Ms. MURKOWSKI, Mr. BARRASSO, is the first step if we are to make real SA 3326. Mr. REID proposed an amendment progress on this front. Mr. BYRD, Mr. ISAKSON, and Mr. BEN- to the bill H.R. 1299, to make technical cor- Others will argue for a narrower con- NETT) submitted the following resolu- rections to the laws affecting certain admin- stitutional amendment to focus pri- tion; which was considered and agreed istrative authorities of the United States marily on the issue of corporate ex- to: Capitol Police, and for other purposes. SA 3327. Mr. REID proposed an amendment penditures. That is another way to ad- S. RES. 421 to amendment SA 3326 proposed by Mr. REID Whereas ‘‘National Guard Youth Challenge dress the issue, though I believe it to the bill H.R. 1299, supra. Day’’ will be celebrated on February 24, 2010; would still leave many unanswered SA 3328. Mr. REID proposed an amendment Whereas high school dropouts need guid- questions about Congress’ ability to to the bill H.R. 1299, supra. ance, encouragement, and avenues toward SA 3329. Mr. REID proposed an amendment regulate broadly in this area. We self-sufficiency and success; to the bill H.R. 1299, supra. should have a full and robust debate Whereas over 1,300,000 students drop out of SA 3330. Mr. REID proposed an amendment about all of the options. high school each year, costing this Nation to amendment SA 3329 proposed by Mr. REID more than $335,000,000,000 in lost wages, reve- Someday we may adopt this idea, if to the bill H.R. 1299, supra. nues, and productivity over the lifetimes of the situation continues to run out of SA 3331. Mr. REID proposed an amendment these individuals; hand. And we may look back to this to the bill H.R. 3961, to reform the Medicare Whereas the life expectancy for a high court decision in 2010 and mark it as an SGR payment system for physicians and to school dropout is 9 years less than that of a reinstitute and update the Pay-As-You-Go historic watershed, a catalyst for high school graduate, and a high school drop- requirement of budget neutrality on new tax major change. I sincerely hope that out can expect to earn about $19,000 each and mandatory spending legislation, en- will be true, for the sake of this insti- year, compared to approximately $28,000 for forced by the threat of annual, automatic se- tution and our democratic process, and a high school graduate; questration. Whereas 54 percent of high school dropouts for the sake of our country. I commend SA 3332. Mr. REID proposed an amendment were jobless during an average month in the amendment to my colleagues’ at- to the bill H.R. 3961, supra. tention, and urge them to consider co- 2008, with 40 percent having no job for the en- f sponsoring it. tire year; Whereas each annual class of high school TEXT OF AMENDMENTS Mr. President, I ask unanimous con- dropouts cost this Nation over $17,000,000,000 sent that the text of the joint resolu- in publicly subsidized health care over the SA 3326. Mr. REID proposed an tion be printed in the RECORD. course of their lives; amendment to the bill H.R. 1299, to

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.001 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1752 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 make technical corrections to the laws of the Intelligence Reform and Terrorism room SD–366 of the Dirksen Senate Of- affecting certain administrative au- Prevention Act of 2004 (Public Law 108–458; fice Building. thorities of the United States Capitol 118 Stat. 3742; 50 U.S.C. 1801 note) is amended The purpose of the hearing is to re- Police, and for other purposes; as fol- by striking ‘‘February 28, 2010’’ and inserting ceive testimony on the following bills: ‘‘February 28, 2011’’. lows: S. 2895, to restore forest landscapes, At the end of the amendment, insert the SA 3332. Mr. REID proposed an protect old growth forests, and manage following: amendment to the bill H.R. 3961, to re- national forests in the eastside forests The provisions of this act shall become ef- form the Medicare SGR payment sys- of the State of Oregon, and for other fective 5 days after enactment tem for physicians and to reinstitute purposes; S. 2907, to establish a coordi- SA 3327. Mr. REID proposed an and update the Pay-As-You-Go require- nated avalanche protection program, amendment to amendment SA 3326 pro- ment of budget neutrality on new tax and for other purposes; S. 2966 and H.R. posed by Mr. REID to the bill H.R. 1299, and mandatory spending legislation, 4474, to authorize the continued use of to make technical corrections to the enforced by the threat of annual, auto- certain water diversions located on Na- laws affecting certain administrative matic sequestration; as follows: tional Forest System land in the Frank authorities of the United States Cap- Amend the title so as to read: ‘‘An Act to Church-River of No Return Wilderness itol Police, and for other purposes; as extend expiring provisions of the USA PA- and the Selway-Bitterroot Wilderness follows: TRIOT Improvement and Reauthorization in the State of Idaho, and for other Act of 2005 and Intelligence Reform and Ter- In the amendment, strike ‘‘5’’ and insert purposes; and S. 2791 and H.R. 3759, to rorism Prevention Act of 2004 until February ‘‘4’’. authorize the Secretary of the Interior 28, 2011.’’. to grant economy-related contract ex- SA 3328. Mr. REID proposed an f tensions of a certain timber contracts amendment to the bill H.R. 1299, to NOTICE OF INTENT TO SUSPEND between the Secretary of the Interior make technical corrections to the laws THE RULES and timber purchasers, and for other affecting certain administrative au- purposes. Mr. DEMINT. Mr. President, I submit thorities of the United States Capitol Because of the limited time available the following notice in writing: In ac- Police, and for other purposes; as fol- for the hearing, witnesses may testify cordance with Rule V of the Standing lows: by invitation only. However, those Rules of the Senate, I hereby give no- At the end, insert the following: wishing to submit written testimony tice in writing that it is my intention The Senate Rules Committee is requested for the hearing record should send it to to move to suspend Rule XXII, Para- to study the benefit of enacting a travel pro- the Committee on Energy and Natural motion measure, and the impact of job cre- graph 2, for the purpose of proposing Resources, U.S. Senate, Washington, ation by its enactment. and considering the following amend- DC 20510–6150, or by email to alli- ment to H.R. 1299, including germane- son [email protected]. SA 3329. Mr. REID proposed an ness requirements: l amendment to the bill H.R. 1299, to For further information, please con- At the appropriate place, insert the fol- tact Scott Miller at (202) 224–5488 or Al- make technical corrections to the laws lowing: lison Seyferth at (202) 224–4905. affecting certain administrative au- SEC. ll. PROHIBITION ON EXTENSION OR ES- thorities of the United States Capitol TABLISHMENT OF NATIONAL MONU- f Police, and for other purposes; as fol- MENTS IN CERTAIN AREAS. lows: (a) IN GENERAL.—Notwithstanding the Act AUTHORITY FOR COMMITTEES TO At the end, insert the following: of June 8, 1906 (commonly known as the ‘‘An- MEET tiquities Act of 1906’’) (16 U.S.C. 431 et seq.), ‘‘and include regional statistics of job cre- COMMITTEE ON ARMED SERVICES ation’’ or any other provision of law, no further extension or establishment of national monu- Mr. REID. Mr. President, I ask unan- SA 3330. Mr. REID proposed an ments in areas described in subsection (b) imous consent that the Committee on amendment to amendment SA 3329 pro- may be undertaken. Armed Services be authorized to meet (b) APPLICABLE AREAS.—Subsection (a) posed by Mr. REID to the bill H.R. 1299, during the session of the Senate on shall apply to— February 24, 2010, at 9:30 a.m. to make technical corrections to the (1) the Northwest Sonoran Desert, Arizona; laws affecting certain administrative (2) the Berryessa Snow Mountains, Cali- The PRESIDING OFFICER. Without authorities of the United States Cap- fornia; objection, it is so ordered. itol Police, and for other purposes; as (3) the Bodie Hills, California; COMMITTEE ON ARMED SERVICES follows: (4) the expansion of the Cascade-Siskiyou Mr. REID. Mr. President, I ask unan- At the end, insert the following: National Monument, California; imous consent that the Committee on ‘‘including specific data on the types of (5) the Modoc Plateau, California; Armed Services be authorized to meet jobs created’’. (6) the Vermillion Basin, Colorado; (7) the Northern Montana Prairie, Mon- during the session of the Senate on SA 3331. Mr. REID proposed an tana; February 24, 2010, at 2:30 p.m. amendment to the bill H.R. 3961, to re- (8) the Heart of the Great Basin, Nevada; The PRESIDING OFFICER. Without form the Medicare SGR payment sys- (9) the Lesser Prairie Chicken Preserve, objection, it is so ordered. tem for physicians and to reinstitute New Mexico; COMMITTEE ON ENERGY AND NATURAL (10) the Otero Mesa, New Mexico; and update the Pay-As-You-Go require- RESOURCES (11) the Owyhee Desert, Oregon and Ne- Mr. REID. Mr. President, I ask unan- ment of budget neutrality on new tax vada; and mandatory spending legislation, (12) the Cedar Mesa region, Utah; imous consent that the Committee on enforced by the threat of annual, auto- (13) the San Rafael Swell, Utah; and Energy and Natural Resources be au- matic sequestration; as follows: (14) the San Juan Islands, Washington. thorized to meet during the session of Strike all after the enacting clause and in- f the Senate to conduct a hearing on sert the following: February 24, at 10 a.m., in room SD–366 NOTICE OF HEARING SECTION 1. EXTENSION OF SUNSETS. of the Dirksen Senate Office Building. (a) USA PATRIOT IMPROVEMENT AND RE- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS The PRESIDING OFFICER. Without AUTHORIZATION ACT OF 2005.—Section 102(b)(1) Mr. BINGAMAN. Mr. President, I objection, it is so ordered. of the USA PATRIOT Improvement and Re- would like to announce for the infor- COMMITTEE ON ENVIRONMENT AND PUBLIC authorization Act of 2005 (Public Law 109–177; mation of the Senate and the public WORKS AND THE SUBCOMMITTEE ON WATER 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 that a hearing has been scheduled be- AND WILDLIFE U.S.C. 1862 note) is amended by striking ‘‘February 28, 2010’’ and inserting ‘‘February fore the Subcommittee on Public Mr. REID. Mr. President, I ask unan- 28, 2011’’. Lands and Forests. imous consent that the Committee on (b) INTELLIGENCE REFORM AND TERRORISM The hearing will be held on Wednes- Environment and Public Works and the PREVENTION ACT OF 2004.—Section 6001(b)(1) day, March 10, 2010, at 2:30 p.m., in Subcommittee on Water and Wildlife

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.001 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 1753 be authorized to meet during the ses- on Commerce, Science, and Transpor- ership qualities, as well as promotion of citi- sion of the Senate on February 24 at tation be authorized to meet during zenship, fellowship, service to their commu- 9:30 a.m., in room 406 of the Dirksen the session of the Senate on February nity, life skills training, health and physical Senate Office Building. 24, 2010, at 2:30 p.m. in room 253 of the education, positive relationships with adults and peers, and career planning; The PRESIDING OFFICER. Without Russell Senate Office Building. Whereas the National Guard Youth Chal- objection, it is so ordered. The PRESIDING OFFICER. Without lenge Program represents a successful joint COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. effort between States and the Federal Gov- AND PENSIONS f ernment; Mr. REID. Mr. President, I ask unan- Whereas since 1993, the National Guard NATIONAL GUARD YOUTH imous consent that the Committee on Youth Challenge Program has developed 32 CHALLENGE DAY Health, Education, Labor, and Pen- programs in 27 States and Puerto Rico; sions be authorized to meet, during the Mr. DURBIN. I ask unanimous con- Whereas since 1993, over 92,850 young indi- sent the Senate proceed to the imme- viduals have successfully graduated from the session of the Senate, to conduct a program, with 80 percent earning their high hearing entitled ‘‘A Stronger Work- diate consideration of S. Res. 421, sub- school diploma or GED certificate, 24 percent force Investment System for a Strong- mitted earlier today. going to college, 18 percent joining the mili- er Economy’’ on February 24, 2010. The The PRESIDING OFFICER. The tary, and 57 percent entering the workforce hearing will commence at 10 a.m. in clerk will report the resolution by with career jobs; room 430 of the Dirksen Senate Office title. Whereas the National Guard Youth Chal- Building. The legislative clerk read as follows: lenge Program has successfully helped high The PRESIDING OFFICER. Without A resolution (S. Res. 421) supporting the school dropouts in this Nation; and Whereas the National Guard Youth Chal- objection, it is so ordered. goals and ideals of ‘‘National Guard Youth Challenge Day.’’ lenge Program can play a larger role in pro- COMMITTEE ON HOMELAND SECURITY AND viding assistance to the youth of the United GOVERNMENTAL AFFAIRS There being no objection, the Senate States: Now, therefore, be it Mr. REID. Mr. President, I ask unan- proceeded to consider the resolution. Resolved, That the Senate— imous consent that the Committee on Mr. DURBIN. I ask unanimous con- (1) supports the goals and ideals of ‘‘Na- Homeland Security and Governmental sent the resolution be agreed to, the tional Guard Youth Challenge Day’’; and Affairs be authorized to meet during preamble be agreed to, the motions to (2) calls upon the people of the United States to observe ‘‘National Guard Youth the session of the Senate on February reconsider be laid upon the table, with no intervening action or debate, and Challenge Day’’ on February 24, 2010, with 24, 2010, at 10:30 a.m. to conduct to appropriate ceremonies and respect. hearing entitled ‘‘The Homeland Secu- any statements related to the resolu- rity Department’s Budget Submission tion be printed in the RECORD. f for Fiscal Year 2011.’’ The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, The PRESIDING OFFICER. Without objection, it is so ordered. FEBRUARY 25, 2009 The resolution (S. Res. 421) was objection, it is so ordered. Mr. DURBIN. Mr. President, I ask COMMITTEE ON THE JUDICIARY agreed to. The preamble was agreed to. unanimous consent that when the Sen- Mr. REID. Mr. President, I ask unan- ate completes its business today it ad- imous consent that the Committee on The resolution, with its preamble, reads as follows: journ until 10 a.m. on Thursday, Feb- the Judiciary be authorized to meet ruary 25; that following the prayer and S. RES. 421 during the session of the Senate, on the pledge, the Journal of proceedings February 24, 2010, at 2 p.m., in room Whereas ‘‘National Guard Youth Challenge be approved to date, the morning hour Day’’ will be celebrated on February 24, 2010; SD–226 of the Dirksen Senate Office be deemed expired, the time for the two Building, to conduct a hearing entitled Whereas high school dropouts need guidance, encouragement, and avenues toward leaders be reserved for their use later ‘‘Nominations.’’ self-sufficiency and success; in the day, and the Senate resume con- The PRESIDING OFFICER. Without Whereas over 1,300,000 students drop out of sideration of the House message with objection, it is so ordered. high school each year, costing this Nation respect to H.R. 1299. COMMITTEE ON FOREIGN RELATIONS more than $335,000,000,000 in lost wages, reve- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- nues, and productivity over the lifetimes of objection, it is so ordered. these individuals; imous consent that the Committee on f Foreign Relations be authorized to Whereas the life expectancy for a high school dropout is 9 years less than that of a PROGRAM meet during the session of the Senate high school graduate, and a high school drop- on February 24, 2010, at 2:30 p.m., to out can expect to earn about $19,000 each Mr. DURBIN. Mr. President, tomor- hold a hearing entitled ‘‘Foreign Policy year, compared to approximately $28,000 for row several Senators will be partici- Priorities in the FY11 International Af- a high school graduate; pating in the bipartisan, bicameral fairs Budget.’’ Whereas 54 percent of high school dropouts health care summit with President The PRESIDING OFFICER. Without were jobless during an average month in Barack Obama. I am honored to be one objection, it is so ordered. 2008, with 40 percent having no job for the entire year; of those Senators. As a result, though, SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW Whereas each annual class of high school there will be no rollcall votes prior to Mr. REID. Mr. President, I ask unan- dropouts cost this Nation over $17,000,000,000 4 p.m. tomorrow. We will continue to imous consent that the Committee on in publicly subsidized health care over the work on an agreement to consider the the Judiciary, Subcommittee on course of their lives; 30-day tax extenders legislation, which Human Rights and the Law, be author- Whereas approximately 90 percent of indi- I just referred to in an earlier state- ized to meet during the session of the viduals in prisons throughout the United ment. States are high school dropouts; Senate, on February 24, 2010, at 9 a.m., As a reminder, Senator REID also Whereas the goal of the National Guard in room SD–226 of the Dirksen Senate Youth Foundation, a non-profit 501(c)(3) or- filed cloture on the motion to concur Office Building, to conduct a hearing ganization, is to improve the education, life with respect to H.R. 1299, which is the entitled ‘‘In Our Own Backyard: Child skills, and employment potential of high legislative vehicle for the Travel Pro- Prostitution and Sex Trafficking in the school dropouts in the United States through motion Act. We hope to reach an agree- United States.’’ public awareness, scholarships, higher edu- ment to have that vote tomorrow. cation assistance, and job development pro- The PRESIDING OFFICER. Without f objection, it is so ordered. grams; Whereas the National Guard Youth Chal- SUBCOMMITTEE ON SCIENCE AND SPACE APPOINTMENTS lenge Program provides military-based Mr. REID. Mr. President, I ask unan- training, supervised work experience, assist- The PRESIDING OFFICER. The imous consent that the Subcommittee ance in obtaining a high school diploma or Chair announces, on behalf of the ma- on Science and Space of the Committee equivalent degree, and development of lead- jority leader, pursuant to Executive

VerDate Mar 15 2010 10:29 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR10\S24FE0.001 S24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1754 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 2 February 24, 2010 Order No. 13531, appointments of the ERIC KHANT, OF FLORIDA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF AMERICA, following to the National Commission CLASS TWO, CONSULAR OFFICER AND SECRETARY IN DEPARTMENT OF STATE on Fiscal Responsibility and Reform: THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA, JEFFREY R. ALLEN, OF THE DISTRICT OF COLUMBIA the Honorable RICHARD J. DURBIN of Il- TODD ANDERSON, OF KENTUCKY AGENCY FOR INTERNATIONAL DEVELOPMENT linois, the Honorable MAX BAUCUS of JAMES D. APPLEGATE, OF MICHIGAN CANDACE HARRING BUZZARD, OF WASHINGTON MAHA ANGELINA ARMUSH, OF TEXAS Montana, the Honorable KENT CONRAD JOHN JOSEPH CARDENAS, OF CALIFORNIA CHUKA ASIKE, OF TEXAS of North Dakota. HOLLY FLUTY DEMPSEY, OF WEST VIRGINIA WILLIAM D. BAKER, OF TEXAS PETER WILLIAM DUFFY, OF MASSACHUSETTS RICHARD C. BLACKWOOD, OF VIRGINIA f MUSTAPHA EL HAMZAOUI, OF NEW HAMPSHIRE STEPHANIE ELIZABETH BOSCAINO, OF TEXAS REBEKAH R. EUBANKS, OF ILLINOIS THOMAS S. BROWN, OF WASHINGTON ADJOURNMENT UNTIL 10 A.M. CHRISTIAN WILLIAM HOUGEN, OF VIRGINIA CHRISTIENNE CARROLL, OF CALIFORNIA SHERI-NOUANE BERNADETTE JOHNSON, OF NEW YORK JEFFREY JOHN CARY, OF THE DISTRICT OF COLUMBIA TOMORROW JONATHAN T. KAMIN, OF MARYLAND MICHAEL G. CATHEY, OF CALIFORNIA KARIN A. KOLSTROM, OF FLORIDA PERRY YANG CHEN, OF VIRGINIA Mr. DURBIN. Mr. President, if there WILLIAM C. MACLAREN, OF VIRGINIA CHRISTINA M. CHESHIER, OF ARIZONA VEENA REDDY, OF CALIFORNIA MARTHA ANN CRUNKLETON, OF FLORIDA is no further business to come before CHRISTOPHER P. CURRAN, OF NEW HAMPSHIRE the Senate, I ask unanimous consent DEPARTMENT OF STATE ROBERTO CUSTODIO, OF FLORIDA GREGORY D’ALESANDRO, OF MARYLAND DANIEL G. BROWN, OF MISSOURI that it adjourn under the previous JOYE L. DAVIS-KIRCHNER, OF MISSOURI KEVIN A. WEISHAR, OF MISSOURI order. ANNE B. DEBEVOISE, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JAFFAR A. DIAB, OF MASSACHUSETTS There being no objection, the Senate, CLASS THREE, CONSULAR OFFICER AND SECRETARY IN CHRISTOPHER R. DILWORTH, OF VIRGINIA at 7:19 p.m., adjourned until Thursday, THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DAVID JOSEPH DRINKARD, OF MISSOURI AMERICA, MARIALICE BURFORD EPERIAM, OF ILLINOIS February 25, 2010, at 10 a.m. JASON D. EVANS, OF WASHINGTON AGENCY FOR INTERNATIONAL DEVELOPMENT f KATHLEEN FOX, OF CALIFORNIA RANDOLPH HENRI AUGUSTIN, OF GEORGIA KATHEY-LEE GALVIN, OF OREGON SHIRLEY L. BALDWIN, OF VIRGINIA COREY MATTHEW GONZALEZ, OF THE DISTRICT OF CO- NOMINATIONS MICHELLE M. BARRETT, OF MICHIGAN LUMBIA JAMES A. BERSCHEIT, OF WYOMING GRANT S. GUTHRIE, OF CALIFORNIA Executive nominations received by DAVID M. BOGRAN SCHREWE, OF TEXAS ANAIDA K. HAAS, OF ALASKA the Senate: AARON S. BROWNELL, OF TEXAS ADAM J. HANTMAN, OF MARYLAND LESLIE-ANN A. BURNETTE, OF CALIFORNIA SARA RUTH HARRIGER, OF ALASKA THE JUDICIARY MATTHEW ANDREW BURTON, OF NEW HAMPSHIRE JAMES HOLTSNIDER, OF IOWA TAMIKA CAMERON, OF TEXAS AARON D. HONN, OF TEXAS ROBERT NEIL CHATIGNY, OF CONNECTICUT, TO BE STANLEY A. CANTON, OF MARYLAND LUDOVIC L. HOOD, OF THE DISTRICT OF COLUMBIA UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- JAMES CHRISTOPHER CARLSON, OF COLORADO ERIKA LOREL HOSKING, OF VIRGINIA CUIT, VICE GUIDO CALABRESI, RETIRED. CHRISTINA EVE CHAPPELL, OF PENNSYLVANIA CHARLES L. JARRETT III, OF TENNESSEE GOODWIN LIU, OF CALIFORNIA, TO BE UNITED STATES RANDY CHESTER, OF NEVADA HORMAZD J. KANGA, OF KENTUCKY CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE A NEW PO- BLAKE A. CHRYSTAL, OF OREGON DAVID KRISTIAN KVOLS, OF FLORIDA SITION CREATED BY PUBLIC LAW 110–177, APPROVED JAN- MARY R. COBB, OF OHIO FELICIA D. LYNCH, OF FLORIDA UARY 7, 2008. BARRY COLLINS, OF NEW HAMPSHIRE MIKA MCBRIDE, OF TEXAS WILLIAM JOSEPH MARTINEZ, OF COLORADO, TO BE ANANTA HANS COOK, OF CALIFORNIA MATTHEW C. MCNEIL, OF VIRGINIA UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF BRADLEY CRONK, OF FLORIDA KAREN N. MIMS, OF PENNSYLVANIA COLORADO, VICE EDWARD W. NOTTINGHAM, RESIGNED. WALTER DOETSCH, OF TEXAS JUDITH H. MONSON, OF NEW YORK GARY SCOTT FEINERMAN, OF ILLINOIS, TO BE UNITED MYRA YUMIKO EMATA-STOKES, OF CALIFORNIA ROSHNI MONA NIRODY, OF ALASKA STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT LALARUKH FAIZ, OF VIRGINIA SHEILA SOPHIA O’DONNELL, OF ILLINOIS OF ILLINOIS, VICE ROBERT W. GETTLEMAN, RETIRED. STEPHEN FITZPATRICK, OF NEW HAMPSHIRE JUAN CARLOS OSPINA, OF FLORIDA SHARON JOHNSON COLEMAN, OF ILLINOIS, TO BE KARLA INEZ FOSSAND, OF MINNESOTA BENJAMIN NELSON REAMES, OF TEXAS UNITED STATES DISTRICT JUDGE FOR THE NORTHERN MELISSA M. FRANCIS, OF FLORIDA CHARLES WILSON RUARK III, OF GEORGIA DISTRICT OF ILLINOIS, VICE MARK R. FILIP, RESIGNED. STEPHANIE JAMES GARVEY, OF TEXAS SARAH A. SCHMIDT, OF MAINE DEPARTMENT OF JUSTICE MICHAEL GLEES, OF CALIFORNIA HEIDI E. SMITH, OF MICHIGAN GARRET JOHN HARRIES, OF MINNESOTA MARC ALAN SNIDER, OF ILLINOIS WIFREDO A. FERRER, OF FLORIDA, TO BE UNITED ANGELA DAWN HOGG, OF CALIFORNIA VIRGIL B. STROHMEYER, OF CALIFORNIA STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF HUSSAIN WAHEED IMAM, OF VIRGINIA ADRIENNE BECK TAYLOR, OF VIRGINIA FLORIDA FOR THE TERM OF FOUR YEARS, VICE R. ALEX- CORY B. JOHNSTON, OF MAINE REBECCA S. PHELPS THURMOND, OF MICHIGAN ANDER ACOSTA. TAISHA MUMTAZI JONES, OF THE DISTRICT OF COLUM- ANDRES VALDES, OF FLORIDA LAURA E. DUFFY, OF CALIFORNIA, TO BE UNITED BIA SOVANDARA YIN, OF OREGON STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF MICHAEL G. JUNGE, OF WASHINGTON MADELINA M. YOUNG, OF FLORIDA CALIFORNIA FOR A TERM OF FOUR YEARS, VICE CAROL KAREN D. KLIMOWSKI, OF CALIFORNIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CHIEN-HUA LAM. PATRICK J. KOLLARS, OF SOUTH DAKOTA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES ALICIA ANNE GARRIDO LIMTIACO, OF GUAM, TO BE THOMAS J. KRESS, OF NEW YORK IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF UNITED STATES ATTORNEY FOR THE DISTRICT OF GUAM RONALD JAY KRYK, OF TEXAS AMERICA: AND CONCURRENTLY UNITED STATES ATTORNEY FOR CHRISTOPHER JAMES LA FARGUE, OF LOUISIANA THE DISTRICT OF THE NORTHERN MARIANA ISLANDS PHILIP LAMADE, OF MISSOURI DEPARTMENT OF COMMERCE FOR THE TERM OF FOUR YEARS, VICE LEONARDO M. DWAINE ERIQ LEE, OF CALIFORNIA RAPADAS. ALYSSA WILSON LEGGOE, OF NEW JERSEY VINCE H. SUNEJA, OF VIRGINIA JOHN B. STEVENS, JR., OF TEXAS, TO BE UNITED JESSE ADAM LEGGOE, OF NEW JERSEY DEPARTMENT OF STATE STATES ATTORNEY FOR THE EASTERN DISTRICT OF GINGER EDWARDS LONGWORTH, OF SOUTH CAROLINA TEXAS FOR THE TERM OF FOUR YEARS, VICE REBECCA LESLIE MARBURY, OF GEORGIA KRISTEN E. AANSTOOS, OF MISSISSIPPI A. GREGORY. BRUCE FREEMAN MCFARLAND, OF WASHINGTON KATHLEEN ELIZABETH ABNER, OF MARYLAND JOHN DALE FOSTER, OF WEST VIRGINIA, TO BE UNITED ANDREW MCKIM, OF CALIFORNIA HATIM NELSON AHMED, OF VIRGINIA STATES MARSHAL FOR THE SOUTHERN DISTRICT OF AMY B. MEYER, OF CALIFORNIA ZIA AHMED, OF MASSACHUSETTS WEST VIRGINIA FOR THE TERM OF FOUR YEARS, VICE A. AURELIA MICKO, OF FLORIDA ANDREW R. ALBERTS, OF VIRGINIA JAMES DUANE DAWSON. TRACY JEANNE MILLER, OF OREGON SYED MUJTABA ANDRABI, OF WASHINGTON GARY MICHAEL GASKINS, OF WEST VIRGINIA, TO BE KERRY MONAGHAN, OF TEXAS ALISON MARIE ASHWELL, OF VIRGINIA UNITED STATES MARSHAL FOR THE NORTHERN DIS- DIANE B. MOORE, OF NEW YORK MARK DAVID AUBRECHT, OF WASHINGTON TRICT OF WEST VIRGINIA FOR THE TERM OF FOUR MONIQUE MOSOLF, OF FLORIDA MICHELLE E. AZEVEDO, OF THE DISTRICT OF COLUMBIA YEARS, VICE J. C. RAFFETY, RESIGNED. JUNIPER M. NEILL, OF ALASKA JARI D. BARNETT, OF OKLAHOMA PAUL WARD, OF NORTH DAKOTA, TO BE UNITED CHRISTOPHER D. O’DONNELL, OF FLORIDA JACOB BARRETT, OF VIRGINIA STATES MARSHAL FOR THE DISTRICT OF NORTH DA- MIRIAM ONIVOGUI, OF GEORGIA JONATHAN M. BARROW, OF MARYLAND KOTA FOR THE TERM OF FOUR YEARS, VICE DAVID SEAN JOSEPH OSNER, OF TEXAS CARRIE LYNN BASNIGHT, OF KENTUCKY SCOTT CARPENTER. GEOFFREY BROOKS PARISH, OF TEXAS AMANDA K. BECK, OF CALIFORNIA JONATHAN CLAYTON RICHTER, OF FLORIDA MICHELLE NICOLE BENNETT, OF CALIFORNIA FOREIGN SERVICE MICHAEL ALLAN RONNING, OF MINNESOTA ANDREW BERDY, OF NEW JERSEY THE FOLLOWING NAMED PERSONS OF THE AGENCIES MICHELE A. RUSSELL, OF VIRGINIA DUSTIN REEVE BICKEL, OF GEORGIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CARL ANDREW SEAGRAVE, OF THE DISTRICT OF COLUM- ASHWIN E. BIJANKI, OF VIRGINIA FICERS OF THE CLASSES STATED. BIA NATALIE IRENE BONJOC, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF LORRAINE SHERMAN, OF FLORIDA STEVEN R. BONSALL, OF VIRGINIA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE CYBILL SIGLER, OF TEXAS KATHLEEN E. BORGESS, OF VIRGINIA DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- ROBERT J. SIMMONS, OF THE DISTRICT OF COLUMBIA ARIELA BORGIA, OF VIRGINIA ICA, R. CHRISTIAN SMITH, OF NEVADA MICHAEL D. BOVEN, OF MICHIGAN POONAM SMITH-SREEN, OF FLORIDA BENJAMIN KIRK BOWMAN, OF COLORADO AGENCY FOR INTERNATIONAL DEVELOPMENT FRANCISCO RICARDO SOMARRIBA, OF FLORIDA RYAN G. BRADEEN, OF MAINE SANDRA ANNA STAJKA, OF VIRGINIA DIEDRE T. BRADSHAW, OF VIRGINIA ROBIN J. BRINKLEY HADDEN, OF MARYLAND JENNIFER J. TIKKA, OF WASHINGTON KATIE C. BRASIC, OF VIRGINIA SHARON THAMS CARTER, OF FLORIDA DOANH Q. VAN, OF WASHINGTON STEVEN ARTHUR CONNETT BREMNER, OF MINNESOTA HAVEN G. CRUZ-HUBBARD, OF CALIFORNIA CAROLL L. VASQUEZ, OF VIRGINIA MARY K. BREZIN, OF COLORADO MARY PAMELA FOSTER, OF MARYLAND JORGE E. VELASCO, OF MARYLAND MATTHEW MCMAHON BRIGGS, OF THE DISTRICT OF CO- BRUCE GELBAND, OF VIRGINIA STEPHANIE ANN WILCOCK, OF WASHINGTON LUMBIA MIKAELA SAWTELLE MEREDITH, OF VIRGINIA GEORGE ZARYCKY, OF VIRGINIA CHRISTOPHER M. BRITTON, OF MARYLAND LESLIE ANN PERRY, OF COLORADO SARAH A. BUDDS, OF SOUTH CAROLINA ROY PLUCKNETT, OF VIRGINIA DEPARTMENT OF STATE EVAN J. BURNS, OF PENNSYLVANIA GARY ROBBINS, OF COLORADO JOHN PATRICK CALLAN, OF WASHINGTON SARAH WRIGHT, OF THE DISTRICT OF COLUMBIA ANTHONY P. KUJAWA, OF MARYLAND KRISTI J. MIETZNER, OF VIRGINIA JOSEPH CHRISTOPHER CARNES, OF OHIO DEPARTMENT OF STATE MELANIE ROSE CARTER, OF ILLINOIS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CHRISTOPHER P. CASAS, OF VIRGINIA JOSEPH AMBROSE KENNY, JR., OF MARYLAND CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN CHRIS M. CELESTINO, OF THE DISTRICT OF COLUMBIA

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BRIAN M. CHARMATZ, OF MARYLAND PIERRE ANTOINE LOUIS, OF FLORIDA JOANNA K. WOJCIK, OF VIRGINIA CHRISTOPHER A. CHAUNCEY, OF VIRGINIA MIKE LURIE, OF VIRGINIA HSUEH-TING WU, OF CALIFORNIA DAVID R. CHEE, OF VIRGINIA MATTHEW K. MAGGARD, OF VIRGINIA HEATHER LOUISE YORKSTON, OF MARYLAND GEOFFREY KAMEN CHOY, OF VIRGINIA ANDREW J. MALANDRINO, OF VIRGINIA MARJORIE CHRISTIAN, OF VIRGINIA JEFFREY M. MARTIN, OF RHODE ISLAND NATIONAL BOARD FOR EDUCATION SCIENCES HEATHER L. CHURCHILL, OF VIRGINIA LEONARD FREDERICK MARTIN, OF MARYLAND ADAM GAMORAN, OF WISCONSIN, TO BE A MEMBER OF MELANIE L. CLARK, OF VIRGINIA TRACY L. MASUDA, OF VIRGINIA THE BOARD OF DIRECTORS OF THE NATIONAL BOARD AMY LAURENCE CONROY, OF THE DISTRICT OF COLUM- BILLY F. MCALLISTER, JR., OF VIRGINIA BIA BRADLEY THOMAS MCGUIRE, OF VIRGINIA FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- JASON A. COOK, OF VIRGINIA WILLIAM H. MCHENRY II, OF VIRGINIA VEMBER 28, 2011, VICE RICHARD JAMES MILGRAM, TERM WILLIAM R. COOK, OF CALIFORNIA CHARLOTTE I. MCWILLIAMS, OF TEXAS EXPIRED. WILLIAM T. COOMBS, OF MARYLAND CANDICE R. MEANS, OF VIRGINIA DEBORAH LOEWENBERG BALL, OF MICHIGAN, TO BE A EMILIO CORTES, OF VIRGINIA HENRY WYATT MEASELLS IV, OF VIRGINIA MEMBER OF THE BOARD OF DIRECTORS OF THE NA- GREGORY ROY COWAN, OF TEXAS MICHAEL A. MIDDLETON, OF VIRGINIA TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM CHRISTEN LANE DECKER, OF NEW HAMPSHIRE AMY J. MILLS, OF VIRGINIA EXPIRING NOVEMBER 28, 2012, VICE CAROLINE M. HOXBY, JONATHAN MORRIS DENNEHY, OF MASSACHUSETTS KYLE G. MILLS, OF VIRGINIA TERM EXPIRED. PHILLIP ANTHONY DE SOUZA, OF MARYLAND ERIC K. MONTAGUE, OF VIRGINIA DEPARTMENT OF EDUCATION JILL WISNIEWSKI DIETRICH, OF THE DISTRICT OF CO- GRANT HANLEY MORROW, OF PENNSYLVANIA LUMBIA DAVID JEFFREY MOURITSEN, OF UTAH EDUARDO M. OCHOA, OF CALIFORNIA, TO BE ASSIST- JULIA SAMPSON DILLARD, OF CALIFORNIA PETER D. MUCHA, OF VIRGINIA ANT SECRETARY FOR POSTSECONDARY EDUCATION, DE- NOAH A. DONADIEU, OF PENNSYLVANIA AMY P. MULLIN, OF VIRGINIA PARTMENT OF EDUCATION, VICE DIANE AUER JONES, RE- MELISSA ANN DORSEY, OF ILLINOIS PAUL W. NEVILLE, OF THE DISTRICT OF COLUMBIA SIGNED. JAMES E. DUCKETT, OF VIRGINIA ALBERT FRANCISCO OFRECIO, OF CALIFORNIA RUTH LILLIAN DOWE, OF NEW YORK JUNG OH, OF VIRGINIA NATIONAL BOARD FOR EDUCATION SCIENCES WILLIAM ECHOLS, OF WASHINGTON STEPHANIE NICOLE PADGETT, OF VIRGINIA JESSICA D. EICHER, OF COLORADO BENJAMIN PARSELL, OF THE DISTRICT OF COLUMBIA MARGARET R. MCLEOD, OF THE DISTRICT OF COLUM- JEFFREY GORDON ELSEN, OF WISCONSIN VIKAS C. PARUCHURI, OF PENNSYLVANIA BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF HOWARD E. ENNACO, OF VIRGINIA MICHAEL PENNELL, OF TENNESSEE THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A RONALD L. ETTER, OF VIRGINIA SEVERIN J. PEREZ, OF VIRGINIA TERM EXPIRING NOVEMBER 28, 2012, VICE ELIZABETH KATHRYN LINDSAY FISHER, OF VIRGINIA ROBERT A. PERLS, OF NEW MEXICO ANN BRYAN, TERM EXPIRED. HOWARD A. FREY, OF VIRGINIA ANDREA LYN PETERSON, OF THE DISTRICT OF COLUM- BRIDGET TERRY LONG, OF MASSACHUSETTS, TO BE A MARC BRANDON GARTNER, OF CALIFORNIA BIA MEMBER OF THE BOARD OF DIRECTORS OF THE NA- CASEY THOMAS GETZ, OF VIRGINIA CHARLES SAUNDERS PORT, OF VIRGINIA TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM RICHARD D. GOPAUL, OF MARYLAND KERRI R. PROVENCIO, OF VIRGINIA EXPIRING NOVEMBER 28, 2012, VICE JOSEPH K. TORGESEN, MARK OSTAPOVYCH GUL, OF VIRGINIA MICHAEL JOSEPH PRYOR, OF CALIFORNIA TERM EXPIRED. AMANDA GUNTON, OF NEW YORK MICHAEL G. RAMSEY, OF VIRGINIA JAMES J. HAMBLIN, OF VIRGINIA CHARLES ANTHONY RAYMOND, OF VIRGINIA CONGRESS OF THE UNITED STATES ZENNIA D. HANCOCK, OF NEW YORK AMY NICOLE REICHERT, OF COLORADO STEPHEN T. AYERS, OF MARYLAND, TO BE ARCHITECT CHRISTINE L. HARPER, OF ALABAMA ANTHONY S. RIDGEWAY, OF VIRGINIA OF THE CAPITOL FOR THE TERM OF TEN YEARS, VICE TARA L. HARRISON, OF UTAH EDWARD LEWIS ROBINSON III, OF MARYLAND ALAN M. HANTMAN, RESIGNED. JENNIFER M. HEATH, OF VIRGINIA SETH R. ROGERS, OF SOUTH CAROLINA ANNALIESE J. HEILIGENSTEIN, OF TEXAS JARED D. ROSS, OF MARYLAND IN THE COAST GUARD LAURA HEIMANN, OF VIRGINIA ALISON ROTH, OF VIRGINIA JAMES MICHAEL HENRY, OF MASSACHUSETTS CRAIG ANTHONY RYCHEL, OF THE DISTRICT OF COLUM- THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- BENJAMIN E. HETTINGA, OF VIRGINIA BIA MENT AS PERMANENT COMMISSIONED REGULAR OFFI- MICHAEL D. HIGHT, OF VIRGINIA ANNE G. SAUNDERS, OF VIRGINIA CERS IN THE UNITED STATES COAST GUARD IN THE SIRLI HILL, OF VIRGINIA TAMARA L. SCOTT, OF MARYLAND GRADES INDICATED UNDER TITLE 14, U.S. CODE, SECTION DUANE MARTIN HILLEGAS, OF MARYLAND TIMOTHY JAMES SCOVIN, OF THE DISTRICT OF COLUM- 211: THOMAS MARTIN HOCHSTETLER, OF VIRGINIA BIA ELLEN M. HOFFMAN, OF VIRGINIA ELIZABETH SELLEN, OF THE DISTRICT OF COLUMBIA To be lieutenant commander JENNIFER HOLMES, OF UTAH MICHAEL R. SHAW, OF VIRGINIA JOANN F. BURDIAN JACQUELINE PHILYAW HOSKINS, OF VIRGINIA ROGER LANIER SHIELDS, OF VIRGINIA KELLY K. DENNING MARGO MARIE HUENNEKENS, OF CALIFORNIA CRAIG M. SINGLETON, OF FLORIDA CHRISTIAN BRIAN HUMMEL, OF VIRGINIA THOMAS MICHAEL SLAYTON, OF THE DISTRICT OF CO- To be lieutenant WILLIAM HUNT, JR., OF MARYLAND LUMBIA CASEY IORG, OF CALIFORNIA JOHN THOMAS WOODRUFF SLOVER, OF COLORADO TORREY H. BERTHEAU JENNIFER J. ISAKOFF, OF VIRGINIA PAULETTE C. SMALL, OF NORTH CAROLINA LAUREN U. FULLAM CHARLES L. JEWELL, JR., OF VIRGINIA BARRY DANIEL SMITH, OF OREGON KENNETH R. MORTON MICHAEL D. JOHNSTONE, OF VIRGINIA DON J. SMITH, OF VIRGINIA DAWN N. PREBULA ALEX JONES, OF WISCONSIN JASON A. SMITH, OF VIRGINIA JOHN BOYCE JONES, OF VIRGINIA SCOTT M. SMITH, OF VIRGINIA IN THE ARMY LEON V. JONES II, OF VIRGINIA WILLIAM CATLETT SOLLEY, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LISA KALAJIAN, OF NEW JERSEY MICHELLE SOSA, OF CALIFORNIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARJON E. KAMRANI, OF OHIO JUDITH C. SPANBERGER, OF MARYLAND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JI HONG KANG, OF VIRGINIA KENNETH STURROCK, OF FLORIDA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KATHERINE A. KEEGAN, OF VIRGINIA RUDRANATH SUDAMA, OF MARYLAND KATHRYN KANE KEELEY, OF THE DISTRICT OF COLUM- JANEL LYNN SUTTON, OF COLORADO To be general BIA PETER J. SWEENEY, OF NEW JERSEY ALISHIA KONTOR, OF VIRGINIA DREW TANZMAN, OF CALIFORNIA LT. GEN. JAMES D. THURMAN MARC N. KROEPER, OF VIRGINIA ALPER A. TUNCA, OF THE DISTRICT OF COLUMBIA THE FOLLOWING NAMED UNITED STATES ARMY RE- KLAUDIA G. KRUEGER, OF FLORIDA TOMMY VARGAS, OF VIRGINIA SERVE OFFICER FOR APPOINTMENT AS THE CHIEF, CORINNE M. KUHAR, OF VIRGINIA GARETH JOHN VAUGHAN, OF THE DISTRICT OF COLUM- ARMY RESERVE AND APPOINTMENT TO THE GRADE INDI- TAMMY L. LAKE, OF FLORIDA BIA CATED UNDER PROVISIONS OF TITLE 10, U.S.C., SECTIONS KRISTINA LAW, OF VIRGINIA ERIC VELA, OF VIRGINIA 3038 AND 601: PUI-YUNG LAW, OF VIRGINIA CHRISTOPHER VOLPICELLI, OF VIRGINIA MICHAEL A. LEON, OF VIRGINIA JOHN PHILIPS WATERMAN, OF MASSACHUSETTS To be lieutenant general STEVEN HOWARD LERDA, OF VIRGINIA MARK A. WILKINS, OF VIRGINIA JOHN T. LEWIS, OF VIRGINIA CHRISTAL G. WINFORD, OF VIRGINIA LT. GEN. JACK C. STULTZ, JR.

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The House met at 10 a.m. and was lowing title in which the concurrence Carlos Costa, Armando Alejandre, called to order by the Speaker. of the House is requested: Mario de la Pena, and Pablo Morales. f S. 30. An act to amend the Communica- As they searched for those who were tions Act of 1934 to prohibit manipulation of risking their lives in the Atlantic in PRAYER caller identification information. pursuit of freedom in the United The Chaplain, the Reverend Daniel P. f States, Cuban military jets mercilessly Coughlin, offered the following prayer: shot them down in international air- ANNOUNCEMENT BY THE SPEAKER With the psalmist who sang through space. turbulent times, let us pray for our The SPEAKER. The Chair will enter- Some choose to ignore the brutality military and the Nation. tain up to 15 1-minutes on each side of of the Cuban dictatorship, introducing ‘‘I love You, Lord, my strength, my the aisle. a bill this week to lift parts of the em- rock, my fortress, my savior. My God f bargo that would reward the regime. is a cave where I take refuge; my Instead, I ask that we honor the shield, my protection, my stronghold. PHILADELPHIA TRANSPORTATION memory of those lost to the cause of The Lord is worthy of all praise, as I GRANT WILL CREATE JOBS liberty in Cuba and redouble our efforts call out to be saved from all enemies. (Ms. SCHWARTZ asked and was to turn their dream of a free Cuba into ‘‘The Lord came to me because I given permission to address the House a reality. stood aright. My hands were clean in for 1 minute and to revise and extend f his sight. You proved loving to those her remarks.) HEALTH CARE REFORM Ms. SCHWARTZ. One year after its who love you. You show Yourself right- (Mrs. CHRISTENSEN asked and was enactment, the American Recovery and eous with the righteous. With the sin- given permission to address the House Reinvestment Act is creating jobs, cere You show Yourself sincere, but the for 1 minute and to revise and extend about 2 million nationally, and making cunning You outdo in cunning; for You her remarks.) save a humble people, but humiliate smart investments in communities Mrs. CHRISTENSEN. Mr. Speaker, the self-righteous. across the Nation. we were so hopeful as this Congress ‘‘You, O Lord, are like a lamp. My Last week, the City of Philadelphia opened and seemed on track to enact God enlightens my darkness. With You, received a $17.2 million grant to de- comprehensive health care reform to I can break through any barrier; with velop an integrated, multicounty bicy- provide access to health care for every my God, I can scale any wall.’’ cle and pedestrian network. This net- American. Both now and forever. Amen. work will be a unique asset to the Today, I am extremely disappointed f Philadelphia region and will transform to stand here to voice my consterna- biking and pedestrian greenways in our tion and frustration over the unequal, THE JOURNAL region. unjust, and inexcusable treatment of The SPEAKER. The Chair has exam- Residents will benefit greatly from the millions of Americans living in the ined the Journal of the last day’s pro- this network of trails and street im- U.S. territories that we see in the ceedings and announces to the House provements, using them to commute to President’s proposal on health care re- her approval thereof. work, to go to school, to the local gro- form. Pursuant to clause 1, rule I, the Jour- cery store, and it will create new op- Rather than working to provide qual- nal stands approved. portunities along the North Delaware ity, affordable care to all Americans, it Riverfront in my district for recreation f would leave roughly 4.5 million, a dis- as well as for residential and economic proportionate number who would des- PLEDGE OF ALLEGIANCE development. The fact that this project perately want and need health care The SPEAKER. Will the gentle- was one of just 61 projects funded out coverage, leave them out in the cold woman from the Virgin Islands (Mrs. of 1,380 applications demonstrates the without access to the health care ex- CHRISTENSEN) come forward and lead substantial need for such infrastruc- change; without the same consumer the House in the Pledge of Allegiance. ture investments nationally. benefits that other Americans would Mrs. CHRISTENSEN led the Pledge My Democratic colleagues and I are receive; without adequate Medicaid of Allegiance as follows: working for innovative solutions to funding; and, thus, without the same I pledge allegiance to the Flag of the create jobs, to promote clean and safe comfort and security that comes with United States of America, and to the Repub- communities in which we live and work knowing that you and your family will lic for which it stands, one nation under God, and raise our families. have the quality health care when you indivisible, with liberty and justice for all. f need it, every time you need it. f The men and women in the U.S. ter- ANNIVERSARY OF BROTHERS TO ritories are the same as those from MESSAGE FROM THE SENATE THE RESCUE SHOOTDOWN California to Vermont, from Florida to A message from the Senate by Ms. (Ms. ROS-LEHTINEN asked and was Wyoming who love this Nation, who Curtis, one of its clerks, announced given permission to address the House bravely serve in war to defend it, and that the Senate has agreed to without for 1 minute and to revise and extend who deserve to be treated as first class amendment a concurrent resolution of her remarks.) citizens in every aspect of our democ- the House of the following title: Ms. ROS-LEHTINEN. Mr. Speaker, racy. H. Con. Res. 158. Concurrent resolution ex- the cause for freedom suffered a deep This proposal fails them and, by expressing support for the designation of an loss yesterday with the death of polit- tension, fails every American who be- Early Detection Month for breast cancer and ical prisoner Orlando Zapata Tamayo, lieves in equality and fairness. I call on all forms of cancer. the latest victim of the Cuban tyranny. my colleagues, as we move forward, to The message also announced that the And today we sadly commemorate honor the worth and the dignity of Senate has passed a bill of the fol- the 1996 murder by the Cuban regime of every American.

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.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1757 INSULT SPEECH IS A CRIME IN WHITE HOUSE SUMMIT Mr. FLEMING. Mr. Speaker, the THE NETHERLANDS (Mr. SAM JOHNSON of Texas asked same team that brought America the (Mr. POE of Texas asked and was and was given permission to address job-killing, tax-hiking cap-and-tax leg- given permission to address the House the House for 1 minute and to revise islation appears to be at it again. Just for 1 minute.) and extend his remarks.) last week Representatives WAXMAN and Mr. POE of Texas. Mr. Speaker, in Mr. SAM JOHNSON of Texas. Mr. MARKEY began committee action aimed the Netherlands, it’s against the law Speaker, instead of inviting Repub- towards giving the EPA unprecedented now to hurt somebody’s feelings. Don’t licans to a conference table with a power to enact oppressive regulations dare offend anyone or the speech police blank sheet of paper, the President’s on hydraulic fracturing—the tech- will cart you off to the courthouse and decided to introduce the same trillion- nology that allows producers to reach try you for the violation of the insen- dollar Washington takeover of health natural gas, which has been proven safe sitivity laws. care the public has already rejected. In for over 60 years. Dutch lawmaker Geert Wilders made Texas, we call that paying for the same This action would have a far-reach- a documentary movie of real terrorist real estate twice, and the American ing negative impact on energy pro- acts, real radical Islamic clerics en- people aren’t buying it. ducers and consumers alike, particu- couraging violence in the name of hate; They have been trying to tell the larly in formations such as the now, Wilders is on trial for insulting President in every way possible to stop Haynesville Shale in my district which Islam. He is charged with discrimina- the backroom decisions and secret depends on hydraulic fracturing. In tion and incitement to hatred. deals. This week’s so-called ‘‘bipar- 2008, the Haynesville Shale pumped $4.5 tisan’’ summit is just more of the The Dutch Ministry of Justice has billion into Louisiana’s economy and same. stated, ‘‘It is irrelevant whether created over 32,000 jobs. Instead of pressing the reset button, Adding additional layers of regula- Wilders might prove his observations the President’s hosting a photo op. tions to hydraulic fracturing would not to be correct. What’s relevant is his ob- Using the illusion of bipartisanship as only result in sharp increases in costs servations are illegal.’’ a political tool is wrong. It’s not fool- to small and independent producers, it In Amsterdam, truthful insult speech ing anyone. If the President and Demo- would dramatically decrease output is a crime. What kind of free society crat leadership are serious about com- and job creation. Production could says truthful speech can be illegal? ing together on health care reform, Freedom of speech is a universal then let’s get out the of corral and grind to a halt and billions of dollars in human right granted by God, especially start from scratch. Federal and State revenue would be at if the speech is political or religious or risk. f truthful. All who believe in the human We need to get away, again, from this right of free speech should be offended HEALTH CARE INSURANCE crazy scheme. and insulted by the insensitive words INDUSTRY FAIR COMPETITION ACT of the Amsterdam courts. (Mr. KLEIN of Florida asked and was f And that’s just the way it is. given permission to address the House for 1 minute and to revise and extend f MEMPHIS, TENNESSEE, IS A his remarks.) GREAT CITY b 1015 Mr. KLEIN of Florida. Mr. Speaker, today the House is going to consider (Mr. COHEN asked and was given per- HEALTH CARE REFORM the Health Insurance Fair Competition mission to address the House for 1 minute.) (Mr. BACA asked and was given per- Act. This bill will level the playing mission to address the House for 1 field by repealing the health insurance Mr. COHEN. Mr. Speaker, recently minute.) industry’s unfair advantage and help- Forbes magazine ranked what they Mr. BACA. Mr. Speaker, American ing encourage competition by bringing called the most miserable cities in the families in my district are struggling down costs for families and businesses. country. Memphis, Tennessee, was Everyone knows that competition to make ends meet and pay for health third on that list. They considered cer- drives our economy. Fair competition care services. Unemployment is 16 pertain issues but they didn’t consider is what encourages innovation, ensures cent. Foreclosure is the fourth in the others. quality service, and drives costs down, Nation. They didn’t consider the best bar- and that applies to health insurance, The proposal released by President becue in the United States of America; too. Unfortunately, health insurance Obama this week is a step towards a some of the greatest music; Beale companies are exempt from these fair Street; the great tourist center; gor- healthier future for families and small competition rules. This is like your businesses. Health cost coverage should geous sunsets on the Mississippi River. neighborhood pharmacy calling up its They didn’t consider the people of be a right, not a privilege for the few. competitor down the street and decid- That means no loss of coverage when Memphis and the creativity that’s ing to set all of their prices at the emanated from there; Fred Smith and you get sick; coverage for as many peo- exact same amount. You can’t do that. ple as possible that is affordable; do the greatest delivery of goods in the It’s not fair to consumers, and no other world, a system of freight delivery away with unfair practices like dis- business in the United States is al- crimination of preexisting conditions unrivaled; St. Jude’s Children’s Hos- lowed to act that way. What’s fair for pital that provides the gift of life and and caps on coverage; lower drug costs every other business in this country is for seniors and lower premiums for research into cancer and Nobel prize certainly fair for the health insurance winners. early retirement; and better access and industry. stronger protection for women. Health Today’s bill makes commonsense Opportunities for innovation are care reform will create jobs and bring changes, and I look forward to voting prevalent in Memphis. In music, Sam down the deficit. for it to make sure health insurance Phillips and Elvis Presley created In my State of California, Anthem companies can no longer get away with rock-and-roll. And Willie Mitchell and Blue Cross proposed to raise their pre- price-fixing and other anti-competitive Isaac Hayes and David Porter, and miums with double-digit percentages. practices. Let’s level the playing field. Stacks and Soulful. This must stop. f I invite Chris Buckley, my friend, I urge my colleagues to work to and Forbes magazine to come to Mem- achieve health care reform. Let’s not HYDRAULIC FRACTURING phis and visit for themselves. Memphis work with piecemeal solutions that (Mr. FLEMING asked and was given has also got a great optometry school. will go nowhere, but solve the problems permission to address the House for 1 Beauty is in the eye of the beholder. once and for all. minute.) Maybe they’ll leave with 20/20 vision.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1758 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 NEW ORLEANS’ ZULU SOCIAL AID START OVER ON HEALTH CARE by having to struggle with an anti- AND PLEASURE CLUB (Mr. KIRK asked and was given per- quated Don’t Ask Don’t Tell policy. (Mr. CAO asked and was given permission to address the House for 1 Let’s do the right and honorable mission to address the House for 1 minute and to revise and extend his re- thing and repeal this policy. minute.) marks.) f Mr. CAO. Mr. Speaker, today I con- Mr. KIRK. Mr. Speaker, while I was ANTHEM BLUE CROSS SHOULD BE tinue to honor Black History Month by flattered that the President chose to ASHAMED OF ITSELF include seven parts of my bill, the Med- paying tribute to New Orleans’ Zulu (Ms. SPEIER asked and was given ical Rights and Reform Act, in his lat- Social Aid and Pleasure Club. The permission to address the House for 1 Zulus were founded in 1909 and have est health care proposal, he left out minute and to revise and extend her re- been an integral part of the social or- nearly every major reform in our cen- marks.) ganization of African American com- trist health care legislation, including Ms. SPEIER. Mr. Speaker, Anthem munities for 100 years. They are a foun- the Medical Rights Act guaranteeing Blue Cross should be ashamed of itself dation of New Orleans’ cultural frame- decisions made with your doctor will for raising premiums in California by work through their participation in be made without government inter- 39 percent. People in my district have Mardi Gras and their community serv- ference, lawsuit reform, and granting complained of increases as much as ice activities. the right of every American to buy in- $2,400 a year. How can anyone afford The Zulus’ Mardi Gras parade is one surance from any State in the Union if that kind of an increase? This at a of the largest attractions for the tribal you find a plan that is less expensive time when the insurance lobby has costumes, the singing and dancing, and for your family or your small business. spent millions of dollars to defeat the famous, ornate hand-painted coco- The White House proposal is based on health care reform in America. This at nuts they distribute to onlookers. In a very expensive Senate bill with half a a time when Anthem passed $4.2 billion 1949, the King of the Zulu parade was dozen major new taxes levied in the to the parent company, WellPoint, in none other than New Orleans’ own teeth of the Great Recession. The new profits alone. It’s beyond my com- Louis Armstrong, one of the greatest proposal would tax retirement savings, prehension how any Members of the contributors to African American his- cut Medicare for seniors, and adds to people’s House can continue to defend tory and culture. our long-term deficit. this behavior. In addition, the Zulus have contrib- I urge the President to start over, to It’s time to demand an answer to a uted to the fibers and spirit of our com- invite key congressional leaders to question asked many years ago by Pete munity through their scholarship Camp David—there we could find re- Seeger, ‘‘Whose side are you on?’’ funds, Adopt a School programs, health forms that we all support, like cov- You’re either with the American people fairs, Positive Male Models program, ering Americans with preexisting con- or you’re with the insurance lobby. and other activities. ditions—and present a more modest set You either stand up for those who want The Zulus are the ‘‘everyman’s club,’’ of reforms that we all could support. affordable health insurance, or you lay and I am proud to recognize them and f down with the corporate titans who their contributions to Louisiana’s cul- DON’T ASK DON’T TELL continue to care less about the Amer- ture and history. ican people. f (Mr. MORAN of Virginia asked and Whose side are you on? was given permission to address the f NATIONAL EATING DISORDERS House for 1 minute and to revise and AWARENESS WEEK extend his remarks.) WHITE HOUSE SUMMIT MEDIA (Mrs. CAPPS asked and was given Mr. MORAN of Virginia. Mr. Speak- EVENT permission to address the House for 1 er, I rise today to respond to Army (Mr. PENCE asked and was given per- minute and to revise and extend her re- Secretary McHugh and to share the mission to address the House for 1 marks.) substance of an email from an active minute and to revise and extend his re- Mrs. CAPPS. Mr. Speaker, I take this duty soldier in Afghanistan. In remarks.) opportunity to acknowledge National sponse to an inquiry from his com- Mr. PENCE. Well, tomorrow the Eating Disorders Awareness Week. manding officer related to the mili- White House will convene a so-called Millions of Americans struggle with tary’s review of the Don’t Ask Don’t summit on health care reform. It’s sup- an eating disorder. We must do more to Tell policy, the soldier shared how he posedly an effort to find bipartisan increase public awareness about diag- and his partner of 10 years have man- agreement and consensus on reform. nosis, prevention, and treatment. One aged multiple deployments to Iraq and And frankly, if the administration and critical step we can take is to promote Afghanistan. Democrats in Congress were willing to positive body image. He explained that they survived like scrap the bill and start over with a As we all know, the media has a sig- any couple does, except, because of the clean sheet of paper, I would be all for nificant influence on girls’ and young Don’t Ask Don’t Tell policy, his part- it. women’s perception of the ideal body ner would not be informed in the event The American people long for health size and shape. Sixty percent of girls of his death and could not make any care reform that will lower the cost of say they compare their bodies to fash- emergency decisions that would nor- health care insurance without growing ion models, and a staggering 90 percent mally fall to a spouse. This situation is the size of government. But that is not say they feel pressured to be thin from typical, even within his unit. what’s happening here. Instead of the fashion industry. He learned that a fellow soldier was scrapping the bill, the President’s actu- Just as we witnessed with cigarette also gay only after he was killed by an ally produced his own bigger, worse advertisements targeted at young IED in Iraq. The partner of the version of the bills that passed the women, fashion advertising often por- deceased’s soldier wrote the unit to say House and Senate and then were sum- trays a twisted ideal of beauty. how much the victim had loved the marily rejected by the American peo- I urge my colleagues to take this op- military, how they were his family. ple: more spending, more taxes, more portunity during National Eating Dis- As Admiral Mullen said, this issue is government, and coverage for abortion. orders Awareness Week to work to- a matter of integrity. This immutable Instead of starting over, Democrats gether to promote positive body image human trait—sexual orientation—like in Congress continue to threaten to to the girls and women in your lives the color of one’s skin, does not affect abuse the very rules of this institution and in your congressional district. Our one’s integrity, their honor, or their by passing some version of their health support on this issue is vital to ensure commitment to their country. Soldiers care reform bill by a simple majority the physical, emotional, and social serving their country in combat should in the Senate—known as reconcili- health of all our girls. not have their sacrifices compounded ation.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1759 Tomorrow’s summit is looking more trol of health care on the table before The administration has only sug- and more like a taxpayer-funded media a bipartisan handful on Thursday, the gested a pilot program for tort reform. event designed to set up passage of American people will reject that, too. But some States, including my home ObamaCare 2.0. The American people Strike three. State of Texas, have already enacted deserve to know it. The Democrats need to scrap their tort reform. These States have seen in- job-killing policies, like a government f surance premiums fall and access to takeover of health care and national medical care expand. b 1030 energy tax, and begin working with Re- We don’t need a pilot program. We THE PRESIDENT’S PROPOSAL ON publicans on commonsense solutions to need to enact medical malpractice law- HEALTH CARE REFORM create jobs and reduce out-of-control suit abuse reform. spending. It’s time we work together to f (Mr. PIERLUISI asked and was given get this economy moving again and to permission to address the House for 1 help put people back to work. HIGH-SPEED RAIL minute.) f (Mrs. HALVORSON asked and was Mr. PIERLUISI. Mr. Speaker, I sup- given permission to address the House RECOVERY ACT IS WORKING port health care reform, but I do not for 1 minute and to revise and extend support the proposal put forward by (Ms. JACKSON LEE of Texas asked her remarks.) the White House, because it mistreats and was given permission to address Mrs. HALVORSON. Where are the 4.4 million Americans living in Puerto the House for 1 minute and to revise jobs? I think we can answer that every Rico and the other U.S. territories. and extend her remarks.) time we speak. In my district it is hap- They are treated like second-class citi- Ms. JACKSON LEE of Texas. Mr. pening quite literally. zens. Speaker, let me tell you, here are the Recently I was very proud to an- My loyalty to my party and to our jobs. I believe if you polled across nounce $1.2 billion in Recovery Act President is beyond question, but my America you would understand that funding being invested in Illinois for principles and my people come first. the investment that this Democratic high-speed rail lines from Chicago to This proposal violates my principles, Congress made, along with its Presi- St. Louis. Two of the towns in my dis- and it mistreats my people. dent, created or saved 3.5 million jobs, trict happen to be stops along the rail In Puerto Rico, the Federal Govern- gave 95 percent of American workers a line—Joliet and Normal. ment pays less than 25 percent of the tax cut, and began to build our crum- There are those who have said, and cost of providing Medicaid services. bling rail and water and a variety of in- continue to say, that projects like That is a national travesty. The House frastructure. these will not put people to work, that Where are the jobs? I will tell you, 2.4 took important steps to mitigate this the stimulus isn’t working. But here is million jobs were created according to disparity in funding. Yet the White the reality: These high-speed rail lines the Congressional Budget Office, non- House proposal does not make a good- in Illinois alone are going to put 6,000 partisan, $120 billion in tax cuts to 95 faith effort to address this inequality. people to work. This wouldn’t have percent of our working families and to Moreover, the proposal excludes Puerto been possible without the investment businesses, loaned nearly $20 billion to Rico from the exchange but allows non- in the American Recovery and Rein- our small businesses creating or saving citizen residents of the States to par- vestment Act. a job. ticipate. This is discrimination, and it I am proud that the Recovery Act is is no way to treat one’s fellow Ameri- What I like most of all is the 300,000 jobs in education and the 400,000 jobs in putting these people to work and put- cans. ting our communities back on the I do not believe this proposal reflects corrections officers and public health personnel. Let’s ask all the firefighters track to recovery. We must continue to the President’s thinking, and I cannot invest in American infrastructure, believe my colleagues will allow it to and police officers across America whether or not there were jobs. build upon the work of the Recovery stand. The people of Puerto Rico and Act is doing, and continue working to the other territories fight proudly for Mr. Speaker, I will tell you that we have invested in America. We had an create jobs. The future of our districts their country. Their country should depends on it. fight for them, too. economy that wasn’t growing when we came in, down some 6 percent. Now it’s f f up. We have the jobs, and we are going HEALTH CARE REFORM to do health care reform this morning WHERE ARE THE JOBS? (Ms. WATSON asked and was given as well. (Ms. FOXX asked and was given per- We are working for the American permission to address the House for 1 mission to address the House for 1 people. minute.) minute and to revise and extend her re- Ms. WATSON. Mr. Speaker, the marks.) f President is opening the doors of the Ms. FOXX. Mr. Speaker, this admin- ENACT TORT REFORM NOW White House to host a bipartisan effort istration and Democrats in Congress (Mr. SMITH of Texas asked and was on health care reform, and the reason don’t seem to have an answer to the given permission to address the House is for hope and optimism. Some think single most important question work- for 1 minute and to revise and extend it’s the other way around. ers across the country are asking: his remarks.) It’s been a long and tough process, ‘‘Where are the jobs?’’ The American Mr. SMITH of Texas. Mr. Speaker, but we always knew that tackling this people don’t want more political pan- the administration’s health care bill problem wouldn’t be easy. Remember, dering on the economy and health care; fails to include a Republican solution this has been tried many times over they want action now that will control that could actually achieve savings for the course of many years. This is the runaway Federal spending and create patients—lawsuit abuse reform. furthest we have reached. Everyone has jobs. Forty percent of medical malpractice to have an open mind for this summit. The third time is not the charm, Mr. suits against doctors and hospitals are We have to leave divisive partisanship President. When government-con- without merit, according to a study by behind. The need is too great. It tran- trolled health care was introduced in the Harvard School of Public Health. scends day-to-day politicking. the House, the American people re- And excess damages add $70 billion to Everyone believes we need reform. jected it. Strike one. When govern- $126 billion annually to health care Everyone recognizes the problems in ment-controlled health care was intro- costs, the Department of Health and health care. They are too great to ig- duced in the Senate, the American peo- Human Services has found. These nore. ple rejected it. Strike two. And when costs, of course, are passed on to pa- Postponing, putting this off, holding the President puts his government con- tients. it over is just tactics to destroy what

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1760 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 we have come forth with. Join us, Passing the HIRING Act would be like Ms. SLAUGHTER. Mr. Speaker, for please, and let’s see that we can insure CPR for our economy, and I hope my the purpose of debate only, I am all Americans. colleagues will join me in supporting pleased to yield the customary 30 min- f that legislation. utes to the gentlewoman from North Carolina, Dr. FOXX. All time yielded HONORING THE LIFE OF U.S. MA- f during consideration of this rule is for RINE SERGEANT JEREMY RECOGNIZING THE MAPS AIR debate only. MCQUEARY MUSEUM GENERAL LEAVE (Mr. HILL asked and was given per- (Mr. BOCCIERI asked and was given Ms. SLAUGHTER. I ask unanimous mission to address the House for 1 permission to address the House for 1 consent that all Members have 5 legis- minute and to revise and extend his re- minute and to revise and extend his relative days within which to revise and marks.) marks.) extend their remarks and insert extra- Mr. HILL. Mr. Speaker, on Thursday, Mr. BOCCIERI. Mr. Speaker, I rise neous materials into the RECORD. February 18, 2010, Indiana lost one of today in recognition of the Military The SPEAKER pro tempore. Is there its brave sons. Marine Sergeant Jer- Aviation Preservation Society Air Mu- objection to the request of the gentle- emy McQueary was killed in the seum, located in my congressional dis- woman from New York? Helmand Province, Afghanistan, by an trict at the Akron-Canton Airport. I There was no objection. IED while on foot patrol supporting recently visited this nonprofit museum Ms. SLAUGHTER. I yield myself Operation Enduring Freedom. Sergeant devoted to preserving our Nation’s rich such time as I may consume. McQueary, a Columbus, Indiana, na- aviation history and the great volun- Mr. Speaker, like all of my col- tive, had survived two prior IED at- teers who make that museum a reality. leagues, I have spent a lot of time talk- tacks while in Afghanistan. When the Wright Brothers first built Jeremy, a model Hoosier, enjoyed ing with people in my district about their airplane in Ohio, it was an exam- health care and what is happening to fishing, four wheeling and giving back ple of American innovation. When U.S. to his community by mentoring trou- them. They were in no way prepared Airborne divisions cleared the way for for the influx of incredible rate in- bled high school students. He married the Normandy invasion, it was an ex- his high school sweetheart, Rae, and creases that seemed to come out of no- ample of American leadership. where and fall like rain upon them, to together they had a baby boy, Hadley. When the Air National Guard re- the extent that most of them really are He was only a month old when Jeremy cently dispatched to Haiti to help the not sure they can even stay insured. shipped out for his third tour, this time relief effort, it was an example of Invariably, the conversation turns to to Afghanistan, having already served American charity. The MAPS Air Mu- health premium increases. I hear about two previous tours in Iraq. seum captures the unique connection insurers that deny coverage. I heard Eager to join the Marine Corps, Jer- between aviation history and our from a father who had just had a child emy graduated from high school early American culture. Our spirit to per- who was born with a condition that and enlisted in 2002. Jeremy’s passion severe and succeed parallels our inno- would make him uninsurable for the for the Corps was so strong that he vative spirit and desire to be leaders in rest of his life. I listened to someone completed basic training on a broken the world and in aviation. foot, informing his superiors of his in- I commend the MAPS Air Museum tell me that her husband’s new insur- jury only after he had finished basic for its continued inspiration and its ance policy won’t cover her because she training. This level of commitment dedication to aviation history and the has preexisting conditions or simply shown by Jeremy to the Corps and our American spirit. Thank you to the sol- because it doesn’t cover her. But now this Congress is on the brink country is an example to us all. diers, sailors and airmen who volunteer of some commonsense changes to the Jeremy McQueary was a devoted fa- there every day to keep our history health insurance industry that will ther and family man who paid the ulti- alive. mate sacrifice serving his country. I help to level the playing field a bit be- f mourn the loss of Jeremy. I want to tween ordinary Americans and the thank Jeremy and his family for his PROVIDING FOR CONSIDERATION giant corporations that exert such service to our country. He and his OF H.R. 4626, HEALTH INSURANCE power over our day-to-day lives. loved ones are in my prayers. INDUSTRY FAIR COMPETITION b 1045 ACT f And I say ‘‘our’’ because I personally Ms. SLAUGHTER. Mr. Speaker, by HIRING ACT am caught in the same trap as most of direction of the Committee on Rules, I my constituents. I don’t have any kind (Mr. ETHERIDGE asked and was call up House Resolution 1098 and ask of special coverage because I’m a Mem- given permission to address the House for its immediate consideration. ber of Congress. I have always been on for 1 minute and to revise and extend The Clerk read the resolution, as fol- my husband’s policy at home from his remarks.) lows: Mr. ETHERIDGE. Mr. Speaker, Eastman Kodak that has covered us H. RES. 1098 America needs jobs, and we need them since he retired, but it no longer will Resolved, That upon the adoption of this cover spouses. We are halfway through now. My constituents tell me they resolution it shall be in order to consider in want Congress to quit the bickering the House the bill (H.R. 4626) to restore the dropping spouses, and all the benefits and partisan posturing and get to application of the Federal antitrust laws to that we got as spouses were taken working on fixing the economy. Wall the business of health insurance to protect away about 4 years ago. So it’s not the Street may be doing well enough for competition and consumers. All points of worst plan, but it’s not the best either. the bankers to reward themselves with order against consideration of the bill are Under the health care bill endorsed big bonuses, but folks on Main Street waived except those arising under clause 9 or by House Democrats, the insurance and on country roads are hurting. 10 of rule XXI. The bill shall be considered as companies will no longer be able to North Carolina’s unemployment rate read. All points of order against provisions deny insurance coverage based on pre- in the bill are waived. The previous question hit its high for 2009 in December, an in- shall be considered as ordered on the bill to existing conditions or just premiums credible 11.2 percent. Our top priorities final passage without intervening motion ex- based on gender, which they do—you must be: jobs, jobs, jobs. My HIRING cept: (1) two hours of debate equally divided may not know that single women are Act will provide the incentive for com- and controlled by the chair and ranking mi- charged 48 percent more for health in- panies to put people to work today, nority member of the Committee on the Ju- surance—or for their occupation. giving employers up to $7,500 per new diciary; and (2) one motion to recommit. They wouldn’t be able to drop cov- worker they hire. The SPEAKER pro tempore (Mr. erage if you get sick. I was talking to Congress needs to take action on this DRIEHAUS). The gentlewoman from New a man just this morning who talked bill today and put people to work. York is recognized for 1 hour. about all the money he had paid into

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1761 health insurance, and when he made to defend today or at any other time. from Cuomo, the clearinghouse agreed his first claim at the age of 30, they de- What we will be doing by removing this to disband, and the insurance compa- cided already he was going to be trou- exemption is to tell the health insur- nies paid a sizable sum to resolve the ble and denied his claim. They cannot ance companies that they need to start charges. anymore tell you that it costs too behaving like every other industry. We As recently as this week, there were much to take care of your child. Insur- tell them that colluding and conspiring fresh news reports out of California ance companies would have to pub- to set prices at a certain level to harm about abuses by a major insurer there. licize their rates and no longer can consumers is not going to work in It is important to remember that many charge older Americans twice as much America anymore. people assume that conspiring to set as the younger ones. As I said, the history of this provi- rates is illegal in our country. I assume For my money, though, there is one sion dates back to 1944, when some in- most people believe that. Every high part of our reform package that is sim- surance companies went to court to school student in America is taught ple to explain, easy to justify, and 60 challenge the notion that the Federal about the Sherman Antitrust Act and years overdue, and that part is to re- Government could enforce antitrust the how the creation of the Federal peal the antitrust exemption given to laws. Despite their best efforts, the Su- Trade Commission came about to level the health insurance industry in 1945 preme Court ruled that the insurance the playing field. Part of the motiva- by Congress. That is why we are here business was subject to antitrust laws tion was to make sure that small busi- today. There is no reason any industry just like everybody else. Unhappy with nesses, who make up the backbone of in the United States, including base- that decision, the insurers effectively our economy and fuel small towns from ball, which was exempt as well, should got Congress to invalidate the ruling of coast to coast, would have a chance be exempt from the one consumer pro- the top court. It was an amazing piece against the big corporate interests. tection the Federal Government gives of legislation, Mr. Speaker. Both These creative new entrepreneurs need- everybody against chicanery, collusion, Houses, Senate and the House, passed ed to have confidence they would not and rate setting. legislation giving the insurance indus- Even though the broader effort to be frozen out of the market by the big try a 3-year transition period while pass the final health care bill is under- boys. Sadly, that is exactly what hap- they moved to be covered by what ev- way, we have an opportunity today to pened. In many States and regions erybody else is covered by, antitrust. make a simple, straightforward state- across the country, there are often just Both bills had passed, and when it ment about how we think health insur- a couple of health insurance companies came out of conference, the exemption ance should operate in this country. By operating. In New York, two companies was made permanent. repealing this unjustifiable exemption, control half the market. Many States Over the years, opponents of we will enable—this is very important. have it even worse, including our McCarran-Ferguson—and I have been People do not understand that during neighbor Vermont, where two compa- one of them for about 30—have been the last 60 years the Justice Depart- nies have 90 percent of the market stymied. The last serious effort was led ment has not been able to enforce any- share. by Representative Jack Brooks in 1991, thing against them because they were Of course, some people will continue who tried and failed to change the law. exempt. This will enable the Justice to insist that government should just Last year, when we again started in a Department to begin aggressively en- stay out of this whole business. My col- serious effort to change the law, the in- forcing the laws that protect the con- leagues on the other side often say no dustry geared up for a big fight. We sumers against the cartel of health in- government is the best government and heard from the American Insurance As- surance who wield such outsized influ- free market works best if there is no sociation and the American Academy ence in the health care industry. attempt to regulate it. But I would As it stands now, the insurance in- of Actuaries, among others, who ar- argue that any of that is far out- dustry is allowed to fix prices and en- gued that changing this law would weighed by the benefit we gain by hav- gage in other anticompetitive behav- somehow cost consumers more money. ing more competition, less concentra- ior. Because these companies are al- Other interest groups claimed the pro- tion, and the assistance of a powerful lowed to pool and share data and to vision was poorly written, too broad, or watchdog. a solution in search of a problem. jointly establish premiums and types I strongly encourage all of my col- Interestingly, some lobbyists have of coverage, there is very little pros- leagues to join me today in supporting quietly begun to whisper that this pro- pect for an average family to price the repeal of the McCarran-Ferguson vision will not have impact on their shop. It is almost too tempting for big Act. insurers not to cheat a little bit. More- rates. They say it is too narrow in scope. Frankly, I would much have pre- Mr. Speaker, I reserve the balance of over, regulating the insurance industry my time. is left up to individual States—most of ferred to lift this exemption from the entire insurance industry instead of Ms. FOXX. I thank the gentlewoman them will tell you that they really are from New York for yielding time. not up to it—which often suffer from a just health. But they are firmly op- Mr. Speaker, I yield myself such time lack of resources to effectively crack posed, make no doubt about that, and as I may consume. down on abuses. are lobbying to prevent it, which Each of the 50 States and the District makes we wonder if they are sort of Mr. Speaker, at the beginning of the of Columbia has its own regulatory whistling past the graveyard. 110th Congress, the new majority came framework, traditions, and intentions, Now, let’s look back for a minute at to power full of promises for a bipar- which leads to a spotty patchwork of the last major investigation of the tisan working relationship and a land- enforcement. In fact, according to a re- health industry. Two years ago, the at- mark pledge to create the ‘‘most hon- port from the Center for American torney general for the State of New est, most open, and most ethical Con- Progress, there has been only ex- York, Andrew Cuomo, investigated the gress in history’’; however, this rule tremely limited and sporadic State en- collusion of health insurers. Those and this bill are the antithesis of that forcement by State insurance commis- companies were using Ingenix, a billing statement. sioners throughout the 60 years. In the data clearinghouse, to set rates even The bill we consider today, H.R. 4626, void, insurance companies have been though the company was owned by one the Health Insurance Industry Fair free to engage in anticompetitive and of them. The evidence showed the in- Competition Act, is not the language anticonsumer behavior, resulting, as surers were conspiring together to arti- that passed the House Judiciary Com- we said just recently, in some insur- ficially depress a level of reasonable mittee in November of 2009 as H.R. 3596. ance premiums costing as much as 70 and customary charges they would re- In fact, the bill we have before us today percent. imburse to health care providers, was not considered by any committee As a result, this exemption thwarts which shifted additional costs onto the and was introduced only 2 days ago, on free market pricing and is impossible policyholder. In the face of a threat Monday, February 22, 2010.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1762 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 It is hard to understand what is the cause the state of the current law is that this was similar to the bill that sudden rush. Yesterday, the gentle- unfair. Health insurance companies was passed out of the Judiciary Com- woman from New York said we have currently enjoy an exemption from mittee with the bipartisan support of waited 60 years to get this bill; today, antitrust laws with no good justifica- Congressman LUNGREN from California. she says this is long overdue. But she tion. Meanwhile, American families are So, naturally, I was interested to look doesn’t point out that in all that pe- held hostage to rising health care costs at the bill that they were presenting to riod of time, the Democrats have been and a nagging insecurity that even see how it was the same as the bill we in charge of Congress except for 2 years though they pay their premiums and presented. I found out that they’d left in the fifties during the Eisenhower ad- they pay their copays, they could be out my amendment which allowed for ministration and the years 1995 to 2006. canceled at any time, even when they the sharing of historical data by insur- So why didn’t they get it passed when get sick, or they’re going to have to ers so that they might look at the ex- they were in control before? Why have fight through the red tape to get the perience evidence and utilize that in they been waiting 60 years to get it benefits they’re entitled to. making their decisions with respect to done? Last year, the five largest health in- how they conducted their business The language in H.R. 4626 is substan- surance companies made a record $12.2 going forward. tially different from the bill the Judi- billion profit, a 56 percent jump, while I had been assured that my amend- ciary Committee passed. That bill dropping coverage for 2.7 million Amer- ment was not necessary because com- dealt with both health insurance and icans. Health insurers appear to be mittee staff on the Judiciary Com- medical liability insurance, but med- cherry-picking who they will cover in mittee had researched it. Nobody be- ical liability insurance has since been order to make a huge profit. lieved that the Justice Department of stricken from the language. In addi- In my home State of Florida, from any administration going forward tion, my colleague, Mr. LUNGREN from 2000 to 2007, health care premiums for would find the compiling of historical California, offered an amendment that families rose on average by 72 percent; data among the insurers to be non- was accepted with bipartisan support meanwhile, their paychecks only went competitive and violative of the anti- by the House Judiciary Committee dur- up 20 percent during the same time. So trust laws. I was further assured that ing markup. That amendment was our action in removing the antitrust they did not believe that that would be stricken from the language of the cur- exemption will spur fair prices and real the case with any of the attorneys gen- rent bill that we see in H.R. 4626. Dur- competition. eral of the States. ing the Rules Committee debate yes- Again, it’s time to choose; whose side Now, I had the privilege of serving as terday, Mr. LUNGREN offered that same are you on? Who will we protect, Amer- attorney general of my State for 8 amendment; however, it was not made ican families or the health insurance years, being a member of the National in order. Instead, we have yet another companies? The answer is clear: No Association of Attorneys General—an closed rule where Members are shut more favors to private insurance com- organization which does support legis- out from offering any amendments to a panies. lation of this type—and of course, at- bill that did not see the proper vetting I urge a ‘‘yes’’ vote on the rule and torneys general of the various States process. It is high time that we open on the underlying bill. have independent authority under their this process up and that we hold the Ms. FOXX. Mr. Speaker, I now yield State laws to enforce antitrust laws, majority to their promise to make this such time as he may consume to my which I did during my 8 years. Some- an open Congress and allow amend- distinguished colleague from Cali- times we went beyond what the Fed- ments to be offered on the floor and fornia, the former attorney general of eral Government did because we under- fully debated. California, Mr. DANIEL E. LUNGREN. stood better the unique circumstances Mr. Speaker, I reserve the balance of of our State. b 1100 my time. I remember, one time, we were deal- Ms. SLAUGHTER. Mr. Speaker, I ask Mr. DANIEL E. LUNGREN of Cali- ing with a merger between two large unanimous consent that the gentle- fornia. I thank my colleague from banks. They were national banks, and woman from Maine (Ms. PINGREE) con- North Carolina for the time. they had branches in the State of Cali- trol the remainder of my time. Mr. Speaker, I might say this is an fornia. We were working in conjunction The SPEAKER pro tempore. Is there interesting point. I don’t think I’ve with the antitrust division of the Jus- objection to the request of the gentle- ever been on the floor in 16 years and tice Department, and we were moving woman from New York? have faced this kind of a rule. It is a in the same direction, but I remember There was no objection. closed rule. I’ve been here before with getting a phone call from one of the at- Ms. PINGREE of Maine. Mr. Speaker, closed rules, but the effect of the closed torneys at the Justice Department in I yield 2 minutes to the gentlewoman rule is to prohibit me from providing or Washington, DC, who asked this ques- from Florida (Ms. CASTOR). from presenting my amendment. Now, tion: Well, how close is San Jose to San Ms. CASTOR of Florida. I thank the that is not unusual. Usually, you come Diego? About 400 miles, but they gentlewoman from Maine for yielding to the floor, and you present an amend- thought they were next to one another. the time. I also want to salute the ment to try and amend the bill to Why was that relevant? That would chairwoman of the Rules Committee, change it from the way it was reported be relevant as to whether you had com- Ms. SLAUGHTER, who has been a cham- out of the committee that did the work petition among the bank branches that pion for American families when it on it. But in this case, I am being pro- were then going to be merged. Would comes to standing up for their needs, hibited from offering an amendment to that then give increased and illegal especially in health care. change the bill back to the way it was concentration of power in those areas? Mr. Speaker, I rise in strong support as reported out of the committee on a The point I am making is that attor- of H.R. 4626, the Health Insurance In- bipartisan basis. neys general of the States may know a dustry Fair Competition Act, and the For whatever reason, the majority on little bit more about their States than underlying rule. It is time for policy- the Rules Committee decided that an attorneys working as hard as they can makers in Washington to determine amendment that was cited by the here in Washington, DC. So the idea whose side are they on; are they on the Democratic chairman of the Judiciary that attorneys general are somehow side of the health insurance companies Committee, Mr. CONYERS, as an excel- impotent, from a legal standpoint, such or are they on the side of American lent clarifying amendment is not going that they cannot bring forward anti- families and small businesses? to be here. trust cases, is just not true. I urge my colleagues to stand up for When one of the chief cosponsors of At the same time, I voted for the bill hardworking families across America the bill, or coauthors of the bill, being coming out of committee because I and pass this Health Insurance Indus- presented on the floor today announced thought it had, in fact, reached an ap- try Fair Competition Act today be- the bill last week, she said publicly propriate balance. Interestingly

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1763 enough, the gentlelady from New York, rier. You understand the market better people could have seen the argument the chairperson of the Rules Com- in terms of information that is at your yesterday, if the public could have un- mittee, stated in her support for this fingertips. If you are a smaller pro- derstood what we were talking about, I rule and in support for the underlying vider, you need the information to un- mean they would have shaken their bill that this is really a tribute to Jack derstand the universe that you might heads and said, Do the people’s busi- Brooks, who attempted to do this for be attempting to present your product ness. Please do the people’s business. years. to. Don’t get involved in partisanship. I was privileged to serve with Jack So we have, on the one side, being Again, I would say I give up my name Brooks, an interesting Texan Member, told that no reasonable antitrust divi- on this amendment. I will gladly dedi- someone who was the Chair of the Ju- sion of any Justice Department of any cate it to Jack Brooks in his memory. diciary Committee for some time. administration will find this to be anti- I’m glad to give it to any Member of When the bill in the Judiciary Com- competitive. Then you have the chair- the Democratic side. Let’s do the peo- mittee was originally introduced this person of the Rules Committee saying, ple’s business and get rid of this silli- time around, the distinguished chair- No, no, we have to keep this in here be- ness of unstated partisanship, without man of the committee, Mr. CONYERS, cause we want to make sure that the any rationale, that undercuts the im- cited Jack Brooks, and said, This was Justice Department will be able to de- pact of the bill. the Jack Brooks bill. So I went back, termine whether or not it is. Once again, this is unique. I’ve spent and I looked at it. I found out that my So what does that give the market? 16 years in this place. This is the first amendment, or the language that I had What does it give the smaller insurers? time I’ve ever come to the floor and then put in in amendment form, was in It gives them uncertainty. have been denied an amendment that the Jack Brooks bill but not in the bill So the very thing that you are saying would put back in something we voted before us. So I brought it forward. you want to do you are prohibiting on on a bipartisan basis in committee So you might say, if we are doing from being accomplished by not allow- that has been removed at the direction this in homage to Jack Brooks, you ing this amendment to be considered. of somebody, including the Rules Com- would do him further homage by allow- This amendment, as I might say, was mittee, so that we can’t have the ing the language of his bill to be put described by the chairman of the com- chance to work on the product that into this bill, and that’s all I ask for. mittee as an excellent clarifying came out of a bipartisan effort in the It’s all I ask for. amendment. We are therefore removing committee. Now, the other part of the bill that clarification, and we are replacing it Ms. PINGREE of Maine. Thank you came out of the Judiciary Committee, with uncertainty. to the gentleman from California (Mr. which is not in this bill, is to remove Look, I can go down on the floor and LUNGREN). I will not give you all of the the antitrust exemption that currently bash the insurance companies as well answers I am sure you are looking for, exists for medical malpractice insur- as anybody here. Let’s just knock them and I feel confident that, when this bill ance providers, but somehow that has all around here. The point is we are is debated on the floor, there will be been taken out of this bill with no ex- making an adjustment in law, which is many more questions raised from the planation whatsoever. what is good for the people. So why not members of the committee who sat So we have cherry-picked from the do it in an intelligent way, in a way through this debate. bill that came out of the Judiciary that will actually assist in the market- I can only say, as a member of the Committee with bipartisan support, place and allow for greater competi- Rules Committee, I, too, sat there and yet we acclaim the bill as being, tion? Outside studies have said, if, in while this conversation was going on. I essentially, the bipartisan bill that fact, this information is not allowed to am not an expert in this particular came out of committee. be collected together and shared among area. I am very pleased, and I want to As I said before the Rules Committee those in the industry, it might—they talk a little bit about how pleased I am yesterday, sometimes you just have to said ‘‘might’’—might have the impact that we are taking on this exemption learn to take ‘‘yes’’ for an answer. I of harming the smaller insurance car- of the insurance companies. support the underlying bill. I support riers. I did hear people say, and the reason this effort. I am trying to make it bet- So I don’t know why you’re doing that I voted the way I did yesterday, is ter. It was accepted on a bipartisan this. I don’t know if there is a political that I heard that the Lungren safe har- basis. Yet, in the Rules Committee, reason for it. I don’t know if it’s be- bor amendment was a loophole in the there wasn’t one, in my judgment, cause I happen to be a Republican. I’ll McCarran repeal. I heard that con- credible argument about why you give it up. Any Democrat who wants to sumer groups had said that this was wouldn’t have it. put his name on it can add his name to anti-consumer. A safe harbor isn’t On the one hand, I’ve heard from the Jack Brooks’ and present it on the needed because the bill does not pro- staff of the Judiciary Committee that floor. But this kind of silliness on this hibit information sharing. On the other it is not necessary because no single floor has got to stop. You ask for bipar- hand, putting in a safe harbor statute administration will have a Justice De- tisanship, and you throw it away. We would automatically immunize the in- partment that finds this to be anti- have complete bipartisanship in the surance companies, and it would not competitive. On the other hand, I hear committee, and you ignore it. permit a case-by-case review of compa- from the chairperson of the committee, As one member of the committee, a nies that go too far. Well, we don’t want to give this power Republican member who voted with me Honestly, I am not in a position to to the insurance companies. We want in support of this bill on a bipartisan argue this amendment, but I know it the Justice Department to investigate basis, said afterwards when he found will be discussed when the bill is dis- it. Well, if that’s the case, you can’t out that that bill wasn’t going to be cussed. have your cake and you can’t eat it, presented on the floor, Why do we need I want to go back to the original too. It’s either one or the other. committees and subcommittees? What issue, because that is why I am stand- If it is, as I was told, unnecessary, re- are we holding hearings for? Why are ing here today. dundant because nobody looking at it we having the experts testify before us Mr. Speaker, I am a proud cosponsor will find this to be noncompetitive be- if, in fact, somehow in the—I don’t of H.R. 4626, the Health Insurance In- cause it is essential information—and know where it is. There are closed dustry Fair Competition Act. by the way, the absence of this infor- doors somewhere that decided that this I have seen firsthand how health in- mation will not hurt the big guys as bill was going to come out instead of surance companies have used their ex- much as it will hurt the little guys. the bill we worked on in committee emption from antitrust regulation to Why? Because if you are a large car- and then give no good answer. profit off the backs of hardworking in- rier, you have a far greater experience It’s such a shame you don’t have TV dividuals and small business owners in database than if you are a small car- cameras in the Rules Committee. If my home State of Maine. If you want

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1764 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 to buy an individual insurance policy what the American people want. The this 300-page amendment in the middle in my State, it doesn’t seem like you American people believe in fair play, a of the night; no one had seen it; and he, have much choice. Anthem Blue Cross level playing field, and in free and open fortunately, took time to go through Blue Shield of Maine became so big and competition, not a system where one that 300-page amendment. swallowed up so much of the market massive corporation can run roughshod Mr. Speaker, what we are having that, at one point, nearly 8 out of 10 over consumers. here today is a continuation of that. people buying an individual policy We need to put families before insur- Mr. Lungren said he had a discussion ended up with them as their insurance ance companies and people before prof- with one of his committee colleagues. provider. its. H.R. 4626 is an essential step in The bottom line that we’re seeing here How did Anthem reward them? With achieving meaningful health reform is, the committee process be damned. skyrocketing rate increases that are and in giving Americans choice. I urge The committee process be damned is impossible to keep up with. my colleagues to join me in voting what has really come about. To me, it’s In Maine, Anthem’s rates have gone ‘‘yes’’ on this rule, this unamended a sad commentary, not for Republicans up 250 percent in the last decade—10 rule, and ‘‘yes’’ on the underlying bill. or Democrats, but for the American times the rate of inflation. Last year, I reserve the balance of my time, Mr. people. they asked for a 19 percent rate in- Speaker. I am happy to yield to my friend if crease. People in Maine were shocked. Ms. FOXX. Mr. Speaker, I yield such she’d like me to yield. Anthem, apparently, was just getting time as he may consume to the distin- Ms. PINGREE of Maine. Well, thank started. This year, Anthem is demand- guished ranking member of the Rules you very much. I didn’t even have to ing a 23 percent increase in their rates. Committee, the gentleman from Cali- ask and I appreciate your offering. Mr. Speaker, the only thing rising as fornia (Mr. DREIER). Mr. DREIER. When I saw you get to fast as the premiums big insurance Mr. DREIER. I thank my friend for your feet, I suspected you might. companies charge is their profit mar- yielding, and I want to congratulate Ms. PINGREE of Maine. Thank you. I knew you wanted to hear my very gin. Last year, profits for the five big- her on her superb management of this brief answer on this, and I just want to gest insurance companies rose by 56 as well as of other rules that she has clarify. I appreciate your desire to dis- percent over the year before. I don’t brought to the floor. know about you, but I don’t know any- cuss the process, and I hope you take b 1115 one else in this economy who got a 56 as much time as you choose to do so. percent rate increase last year or a I just don’t get it, Mr. Speaker. My But I just want to clarify—— Mr. DREIER. Well, if I could reclaim raise. very good friend, my Rules Committee my time, we would simply like a Anthem has turned a deaf ear to the colleague, would not yield to the au- chance to offer the amendment, and concerns of Mainers who are struggling thor of the Brooks-Conyers-Johnson- my friend could vote against it, the bi- to pay premiums. Last year, when they Lungren amendment, the bipartisan, partisan amendment that had, in fact, asked for a 19 percent increase, our in- agreed-to amendment out of the com- full unanimous consent from Demo- surance superintendent, Mila Kofman, mittee, because she said she wasn’t an crats and Republicans, to make sure denied the request, allowing them 11 expert on this and didn’t want to en- that small insurance companies will percent instead, which seemed reason- gage in a discussion with Mr. LUNGREN not have their future jeopardized. able. So what did Anthem do? They im- on the issue. That’s all we’re asking for. mediately turned around and sued the All we’re asking is, let’s not force I am happy to further yield to my State of Maine. As our attorney gen- you to have this discussion. Let’s allow Members of this House to debate it. friend. eral, Janet Mill, said, ‘‘In this econ- Ms. PINGREE of Maine. And I will That’s the only request that we were omy, it’s hard to believe the greed of just be brief. I want to have plenty of making. it.’’ time for my colleagues who want to Mr. Speaker, the American people Also last year, I learned that Anthem talk more about the substance of this get it. I’ve been on the Rules Com- had suddenly and quietly changed a issue. But I would say, I felt there was mittee for many years, and many of policy that allowed them to deny plenty of time for the process in the my colleagues on both sides of the aisle claims at our State’s VA hospital. The Rules Committee. There was a lively say, Don’t talk about process, don’t VA staff caught the switch, but very conversation with some of my col- talk about the ins and outs of the quickly, the hospital was out $500,000. leagues and your colleagues, bipar- Rules Committee. People’s eyes glaze You might ask yourself, How can a tisan, back and forth. But I disagreed. over when you start doing that. company get away with that? How can I did not think that we needed to But last June 24, that changed. It a company get away with denying change this exemption about data in changed dramatically, when, at 3 claims for veterans and with demand- the rule, in this particular amendment. o’clock in the morning, we were dealing outrageous rate increases while I am happy to allow the Justice De- ing with the cap-and-trade bill and a pocketing record profits? partment to have a decision about this The answer is pretty simple. They special rule was being reported out at later. don’t have any real competition. that moment, and a 300-page amend- Mr. DREIER. If I could reclaim my I say enough is enough, Mr. Speaker. ment, still warm off the copying ma- time, Mr. Speaker. Anthem clearly demonstrated that chine, was dropped in our laps as we Mr. DANIEL E. LUNGREN of Cali- their monopoly on the individual insur- sat there. fornia. Will the gentleman yield? ance market in Maine leaves con- And what happened after that, Mr. Mr. DREIER. I am happy to yield. sumers with little choice but to either Speaker? What happened was the Mr. DANIEL E. LUNGREN of Cali- pay escalating premiums or to go with- mantra ‘‘Read the Bill’’ became a fornia. That’s the most interesting out coverage. You will hear this more household term. People around the thing. You did change it. You changed than once today, and we already did country, for the first time, began to the bill from the bill that came out of from the Chair. Unbelievably, health focus on process and what has hap- committee. So don’t tell me you didn’t insurance companies and Major League pened in this institution, and they want it changed. You did change it. Baseball are the only two entities ex- were sick and tired of it. That’s the whole point we’re making. empt from antitrust laws, and it is The next day, our distinguished Re- The bill that we produced out of com- high time we gave the insurance com- publican leader, Mr. BOEHNER, pro- mittee on a bipartisan basis that was panies a little competition. ceeded to take his 1-minute that is called a clarifying amendment was I know it’s not what Anthem wants. granted to the Speaker, the majority taken out. So you’re the folks that It is why they have lobbied so hard leader and the minority leader, and he changed it. I didn’t change it. against health care reform that would utilized much more than that 1 minute. My God, is this 1984 doublespeak lower health care costs overall. It’s Why? Because we had been presented around this place?

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1765 I thank the gentleman for yielding. CEOs, while we see health care costs the aisle are saying. They’re saying it’s Mr. DREIER. I thank my friend. rise for middle class families. One rea- going to bring down the cost of health I think the point is very clear. We son for this unjust discrepancy is the insurance and add more competition to have the author of a bipartisan amend- antitrust exemption status afforded to the marketplace. In fact, the bill will ment who enjoyed the support of the big insurance allowing them to create probably do just the opposite. committee chairman and others, which their own market and set their own Let me say what the Congressional was focused on small insurance compa- prices. Budget Office said when they reviewed nies. Small insurance companies. The A middle class family that has to H.R. 3596. They said, the bill could ‘‘af- big guys aren’t going to be affected by choose between paying doctor bills and fect the costs of and premiums charged this, Mr. Speaker. The idea here is to feeding their children is not a Demo- by private health insurance companies; ensure that we don’t see an increase in cratic or Republican issue, and neither whether premiums would increase or premiums or, as Mr. LUNGREN said in is extending quality care to those who decrease as a result is difficult to de- testimony before the Rules Committee do not have it. termine, but in either case the mag- yesterday, potentially these small in- I have 27 years of experience in the nitude of the effects is likely to be surance companies going out of exist- health care industry, and I can tell you quite small. That effect is likely to be ence. there is no rational, legal, or moral small because State laws already bar Now we heard Democrats and Repub- reason to grant these companies this the activities that would be prohibited licans alike in the Rules Committee status. In Congress, our top priority under Federal law if this bill was en- argue on behalf of the free market should be job creation, and taking acted.’’ process, and we believe that we should away insurance companies’ legal trust do everything that we can to ensure However, with the new language in status will improve our system in the the underlying bill and no CBO score, that there is a wider range of competi- right way by lowering insurance costs tion, greater competition. And so what there’s no telling what the effect will for small business owners, and encour- be. is happening is that when this rule age them to create quality jobs. passes, it prevents an opportunity to And the reason we don’t have a CBO Health care reform is a matter of fiscal re- have any chance to discuss this bipar- score is because the bill was intro- sponsibility. Without it, our nation is on track to tisan amendment. It’s a very, very sad duced, as I said, 2 days ago and brought spend 20 cents of every dollar we earn on day that we continue with a process directly to the floor under a closed health care. This current path is unsustainable that is so closed. rule. This is a pattern of the ruling Last year, we set a record. For the and unacceptable. party here. And ‘‘ruling party’’ is real- first time in the 220-, almost 221-year Mr. Speaker, I would like to thank Rep- ly the appropriate term, because that’s history of the Republic, we went resentatives PERRIELLO and MARKEY for intro- how they act; that’s how the party through a year without a single rule ducing the Health Insurance Industry Fair acts, as a ruling party. that allowed for an open debate. In Competition Act. The bill is an important step We see this same thing happening fact, since my California colleague, Ms. toward creating jobs and strengthening our with the new health care proposal from economy, and I urge support for the rule and PELOSI, has been Speaker of the House, President Obama. Here we have from we’ve gone through now a 3-year pe- for the underlying bill. him what’s basically a 10-page proposal Ms. FOXX. Mr. Speaker, I yield my- riod. In that 3-year period of time, save which melds elements of the House and self such time as I may consume. the appropriations process, we have Senate-passed health care bills, along The debate that we’ve been having on had a grand total of one bill considered with a few new provisions. But both of this rule has brought up issues that we under an open rule. those bills were written behind closed have been bringing up this entire ses- Again, this is not a partisan issue. doors, no committee involvement, or sion. Two major questions: No. 1, where This is to do with the American people very little committee involvement; are the jobs?—we keep asking that having their voices heard in this insti- none in the Senate, some in the House; question—and, No. 2, what is the other tution. And so while we are supportive but basically the bills written in the side afraid of? of the underlying legislation, this Speaker’s office and in the Majority As Mr. LUNGREN pointed out, the bill change is absolutely outrageous. I urge Leader’s office. my colleagues to vote ‘‘no’’ on this rule that passed the committee passed with a bipartisan vote. People were very However, the White House hasn’t reso that we can bring back some kind of vealed any legislative text, and no CBO positive recognition of what the Fram- happy with it. They were very happy with his amendment. score is available. We can’t pass a pro- ers of our Constitution wanted, and posal in here. We must have exact leg- that is, a viable committee structure. And yet somewhere between that committee and here, the bill was islative language. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE changed substantially. We assume it Let me mention again the CBO and The SPEAKER pro tempore. All was changed in the Speaker’s office. its reaction to the proposal put forth Members are reminded to address their But we don’t understand what our col- by President Obama. An article in the remarks to the Chair. leagues are afraid of. Why are they Washington Times entitled CBO: Ms. PINGREE of Maine. Mr. Speaker, Obama Health Bill Too Sketchy pub- I do appreciate the clarification on the afraid of debating this amendment? They can’t even allow debate on some- lished yesterday states: issue of a change. ‘‘The administration did not post the I will just clarify my own remarks, thing that they don’t want in a bill. bill’s text on the White House Web site, that I agreed with the sentiment that And yet that’s what the American but outlined what the legislation would came out in this final rule that we did people want from us. They are sick and do. It said the measure would cost $950 not need to make this exemption for tired of things being done behind closed billion over 10 years.’’ That’s fine for the data. doors. They want to see us debating I would like to yield 1 minute to the things. They know we’re going to have the White House to say that, but we gentleman from New York (Mr. disagreements occasionally on philos- don’t know that’s what it’s going to cost. OWENS). ophy, and that’s fine. That’s what this Mr. OWENS. Mr. Speaker, I rise in country’s about. But people should be ‘‘The information wasn’t enough for support of the Health Insurance Indus- able to see the debate, instead of one or the nonpartisan Congressional Budget try Fair Competition Act. two people in this House making all Office, the official keeper of budget Mr. Speaker, I would like to thank the decisions for the 435 Members of costs, to even venture an estimate of Chairwoman SLAUGHTER for allowing the House. the bill’s price tag. me to speak today, along with Rep- Let me say a word also about, again, ‘‘ ‘Although the proposal reflects resentative PINGREE. the underlying bill that this rule is many elements that were included in Each month we hear of record profits dealing with. The bill is not going to the health care bills passed by the for insurance companies and their accomplish what our colleagues across House and Senate last year, it modifies

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1766 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 many of those elements and also in- frivolous lawsuits against doctors, Now come the Republicans, oh, wait cludes new ones,’ CBO Director Doug- which drive up health insurance pre- a minute, we are not protecting the in- las Elmendorf said in a blog post.’’ miums and provide increased costs due dustry, we don’t want to allow them to b 1130 to defensive medicine. still have antitrust exemption, it is The American medical liability sys- about the little guys. It is always The CBO goes on, ‘‘Preparing a cost tem is broken. According to one study, about the little guys, isn’t it? So let’s estimate requires very detailed speci- 40 percent of claims are meritless: ei- give the little guys a loophole. And fications of numerous provisions. The ther no injury or no error occurred. At- oops, wait a minute, the big guys can materials that were released this torneys’ fees and administrative costs use the same loophole. morning do not provide sufficient de- amount to 54 percent of the compensa- Now, the other thing I have heard is tail on all of the provisions.’’ So we tion paid to plaintiffs. The study found let’s be bipartisan. Well, there is noth- don’t have the information that we that completely meritless claims, ing much more bipartisan than the re- need in the Obama health care proposal which are nonetheless successful ap- port of the Antitrust Modernization either. This is the way this administra- proximately one in four times, account Commission from April 2007. This was a tion and this Democrat-controlled Con- for nearly a quarter of total adminis- commission created by the Republican gress is doing things. trative costs. Congress when they controlled both I now would like to yield 3 minutes Defensive medicine is widely prac- the House and the Senate and the to my colleague from Virginia (Mr. ticed and costly. Skyrocketing medical White House, with the members named GOODLATTE). liability insurance rates have distorted by President George Bush and the Re- Mr. GOODLATTE. I thank the gen- the practice of medicine. Costly but publican leadership of Congress. They tlewoman from North Carolina for unnecessary tests have become routine, came to the conclusion that this loop- yielding me this time. as doctors try to protect themselves hole that they are advocating here Mr. Speaker, I believe in enforcing from lawsuits. According to a 2008 sur- today should not exist. our Nation’s antitrust laws. And this vey conducted by the Massachusetts I will quote briefly from the conclu- bill has been improved since Judiciary Medical Society, 83 percent of physi- sions of the bipartisan Republican-cre- Committee consideration. However, cians reported that they practiced de- ated commission. They said, ‘‘A pro- this legislation is still flawed, and in fensive medicine. Another study in posed exemption should be recognized my opinion is meant to distract atten- Pennsylvania put the figure at 93 per- as a decision to sacrifice competition away from the fact that the ma- cent. While estimates vary, the Pacific tion’’—oops, I thought they were for jority is not working on the real issues Research Institute has put the cost of competition—‘‘and consumer wel- the American people want us to ad- defensive medicine at $124 billion. Oth- fare’’—I thought they were for the con- dress. Americans want policies that ers have arrived at even higher figures. sumers—‘‘and should be allowed only if I urge my colleagues to oppose this will reduce premiums and increase the Congress determines that a substantial rule. quality of health care services in the and significant countervailing societal We should be working to eliminate these U.S. Unfortunately, it is questionable value outweighs the presumption in hundreds of billions of dollars of waste from whether this bill will accomplish these favor of competition and the wide- our medical system in order to drive down pre- goals. spread benefits it provides.’’ miums to make health care more affordable. I am also very disappointed in the They go on to address their argu- We should be working to help those with pre- rule for this bill, which was closed from ments and they say there are those existing conditions get affordable coverage. the beginning, and blocks well-inten- who will argue the small companies Unfortunately, we are doing neither today. We tioned amendments offered by Repub- that need aggregate data and all this, licans to make the bill better. Specifi- can do better. Mr. Speaker, while I may vote for this bill it they will need the safe harbor. They cally, an amendment was offered by could have been made better by an open rule say, no, actually not. This again is the Representative DAN LUNGREN, a fellow and the allowance of the Lungren amendment. Republican-created commission. ‘‘Like member of the Judiciary Committee, But this bill is hardly a cure all and there is so all potentially beneficial competitor to allow small health insurance compa- much more we could do if the majority would collaboration generally, however, such nies to continue to be able to share his- open up the health insurance process to good data sharing would be assessed by anti- toric loss data so that they can com- proposals that the American people support. trust enforcers and the courts under a pete with big insurance companies. Ms. PINGREE of Maine. Mr. Speaker, rule of reason analysis that would fully Under the text of the current bill, this I yield 4 minutes to the gentleman consider the potential procompetitive type of sharing would be illegal, which from Oregon (Mr. DEFAZIO). effects of such conduct and condemn it would hinder new and smaller compa- Mr. DEFAZIO. I thank the gentlelady only if, on balance, it was anticompeti- nies from entering the market, com- for yielding. tive. Insurance companies would bear peting with the big guys, and offering Mr. Speaker, during this health care no greater risk than companies in lower premiums. debate over the last 6 months, we have other industries engaged in data shar- The shocking thing is that this heard we should listen to our constitu- ing and other collaborative under- amendment was actually adopted in ents. And you know, I did. I did 14 town takings. To the extent that insurance the Judiciary Committee on a bipar- halls in August, and they were at- companies engage in anticompetitive tisan basis. The provision was then tended by over 8,000 people. And there collusion, however, they would then be stripped by the majority in this new was one item of agreement between the appropriately subject to antitrust li- bill. So stifling this amendment today extremes in the debate, between the ability.’’ represents the second time the major- folks representing the tea party and They want to give a safe harbor that ity has blocked Representative LUN- those representing single payer, and is so big that the Justice Department GREN’s amendment, which had bipar- that was consensus that this industry, could never review it. They are object- tisan support, and which would have the health insurance industry, should ing to the fact that the Justice Depart- likely reduced health care premiums not enjoy a special exemption under ment might look at, investigate, the for citizens. the law. They should not be able to activities surrounding data sharing and Instead of bringing flawed legislation collude to drive up prices, limit com- potential collusion by the industry to the floor, we should be working to- petition, price gouge consumers. They that continues to price-gouge con- gether to pass real reforms, like legis- should play by the same rules as every sumers and benefit unreasonably and lation to allow citizens to take their other industry in America. And this ar- profit unreasonably. They want to cre- health insurance across State lines if chaic exemption from antitrust law ate that loophole. That loophole is un- they move, legislation to help those passed in the 1940s should go to the necessary. with preexisting conditions find afford- dustbin of history. There was con- If you adopt that loophole, we might able coverage, and legislation to curb sensus on that. as well just not pretend that we care

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1767 about consumers, consumer welfare, us a very simple but extremely impor- and said by the chairman of the Judici- and that we are going to meaningfully tant proposal by our Republican col- ary Committee was an excellent clari- address this industry playing by the leagues to provide the insurance indus- fying amendment. same rules as every other industry. try with the opportunity to continue to b 1145 This industry should play by the same collude, to set prices, and to harm the rules as all others, plain and simple. consumers. Call it a safe harbor. It is Ms. PINGREE of Maine. I yield 30 Americans get that. They are not indeed a very safe harbor to do what is seconds to the gentleman from Cali- happy with seeing their health insur- illegal in every other portion of the fornia (Mr. GARAMENDI). Mr. GARAMENDI. When my col- ance double every 10 years, or now it is American economy except for baseball. league from California was attorney more on a doubling rate of 3 to 5 years. So why should we approve what the general, I was insurance commissioner, They know that they are being taken Republicans want here? No good reason and we had a grand fight over this very at all. Competition is necessary. A safe to the cleaners. They know the indus- issue, the very issue of whether the harbor is specifically designed to allow try is trying to cherry-pick. They State of California would allow the in- the insurance companies to continue to know there is anticompetitive activity surance companies to continue to use gather specific information that they going on. It is time for that to change. rating bureaus to get their price infor- No loopholes. then use to set prices and to collude mation and to continue to set prices in Ms. FOXX. Mr. Speaker, I reserve the and to harm the consumers as well as what could be a collusion. We put that balance of my time. the providers. aside. The regulations that I put into Ms. PINGREE of Maine. Mr. Speaker, There are two cases out there over effect were adopted, and the end result I yield 2 minutes to the gentleman the last decade in which the industry was, when they could no longer use a from Texas (Mr. DOGGETT). has clearly colluded and harmed pro- rating bureau, which this proposal Mr. DOGGETT. Mr. Speaker, for 65 viders, a case in New York and another would allow, the prices began to drop years health insurance companies have case that was put against the insur- in homeowners and auto insurance in enjoyed a special interest exemption ance companies by the doctors. This California. from laws prohibiting price fixing, bid proposed amendment by Congressman Ms. FOXX. Mr. Speaker, I yield 30 rigging, and carving up the insurance LUNGREN would harm both the pro- seconds to the gentleman from Cali- market. Consumers’ health insurance viders as well as the consumers, and fornia. premiums go up, while coverage gets provide a safe harbor to do what is ille- Mr. DANIEL E. LUNGREN of Cali- worse and worse. In the past six years, gal in every other part of the American fornia. The fact of the matter is that health insurance premiums have in- economy, that is to set prices. We under the law under this bill, the State creased at a rate four times the in- ought not to do it. We ought to put this action still applies, State action prin- crease in the average American work- aside. ciples still apply. States can still do er’s wages. Mr. DANIEL E. LUNGREN of Cali- what they will, including what the gen- Twenty-seven years ago, as a young fornia. Will the gentleman yield? tleman talked about before. So this is Texas State Senator, I authored the Mr. GARAMENDI. I yield to the gen- a red herring. Texas Free Enterprise and Antitrust tleman from California. This is so silly that you would take Act. But one industry, one industry Mr. DANIEL E. LUNGREN of Cali- something that got bipartisan support, among all others, was exempted be- fornia. Could I just ask my friend from unless you’re suddenly suggesting that cause of this Federal law. So no action California, isn’t it true that if there the chairman of the Judiciary Com- could be taken against the anti- was collusion utilizing this informa- mittee has a secret plan to somehow competitive practices of one industry, tion, that would still be prosecutable allow the insurance companies to the insurance industry. And we see the under the amendment that I suggest gouge people and that Jack Brooks had results. In the last decade, health in- because it is prosecutable at the that secret plan. This is total non- surance premiums in Texas have gone present time under State action theory sense, to bring a bill to the floor and up over 100 percent. and has been pursued by various take out an essential element from Protecting consumers and fostering States? committee and then suggest, when you competition are American values. Mr. GARAMENDI. The proposed want to put it back in committee for Families and small businesses will ben- amendment opens the door for collu- revision, you’re trying to protect some- efit when the health care industry has sion. It gives the tools for collusion to body. to compete like other industries. With the companies. We ought not do that. Ms. PINGREE of Maine. Mr. Speaker, this reform and a newly reinvigorated And there is no other part of the Amer- I yield 11⁄2 minutes to the gentleman Department of Justice, which forgot ican economy that such collusion and from Georgia (Mr. SCOTT). about antitrust enforcement under the such an open door and invitation to Mr. SCOTT of Georgia. I thank the Bush administration, together we can collusion is provided. gentlewoman from Maine (Ms. PIN- now have the oversight that was over- Ms. FOXX. I yield 30 seconds to the GREE). I appreciate her courtesy in al- looked for eight years under that ad- distinguished gentleman from Cali- lowing me to speak. ministration. fornia (Mr. DANIEL E. LUNGREN). Mr. Speaker, this is an important, Hopefully, President Obama will cor- Mr. DANIEL E. LUNGREN of Cali- important issue. It is at the crucible of rect a major omission in the health fornia. Well, I know we have had people this entire debate on health care. And care legislation that he proposed by in- on this floor who say they have no ex- the crucible is this: We must bring cluding this vital reform—repeal of the pertise but they say this amendment down the cost of health care. And in a antitrust loophole for the health insur- does certain things. I did spend 8 years free economy, the surest way of bring- ance industry. It is time for competi- as the Attorney General of California. ing down the cost of a product or a tion. It is time for open markets. And We had the most active antitrust pub- service is through competition. it is time to block the closed-door col- lic law office in the country other than The antitrust laws were put on the lusion that Americans are paying for in the U.S. Justice Department. books during Standard Oil with John higher and higher premiums by letting I might just say, this is the first time D. Rockefeller to break that up so we competition work. I have ever heard that Jack Brooks was could bring competition. Here we have Ms. FOXX. Mr. Speaker, I continue presenting legislation on the floor of now, almost a hundred years later, the to reserve my time. the House or in Judiciary that was to only industry that is exempted from Ms. PINGREE of Maine. Mr. Speaker, protect insurance companies or allow antitrust is the insurance industry, the I yield 2 minutes to the gentleman collusion. The language I used is taken health insurance industry. Surely we from California (Mr. GARAMENDI). from the Jack Brooks bill. The lan- can agree on this. Mr. GARAMENDI. Mr. Speaker, guage I use is specifically the language Mr. Speaker, let me just say one members of the House, we have before that was adopted on a bipartisan basis other thing, too, to my friends on the

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1768 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 other side of the aisle. It was a great 2009, was actually endorsed by President Cummings Kirkpatrick (AZ) Quigley Republican who said a house divided Davis (AL) Kissell Rahall Obama in the White House blueprint that was Davis (CA) Klein (FL) Rangel against itself shall surely fall. Well, released early Monday. It was most recently Davis (IL) Kosmas Reyes this Nation is tired of seeing us di- included in the Medical Rights and Reform Davis (TN) Kratovil Richardson vided. They want to see us find some- Act, introduced by my good friend Mr. KIRK. DeFazio Kucinich Rodriguez thing, one or two things, that we can DeGette Langevin Ross This amendment would have reduced Delahunt Larsen (WA) Rothman (NJ) agree on. America is yearning for Re- waste, fraud and abuse by strengthening the DeLauro Larson (CT) Roybal-Allard publicans and Democrats to come to- Medicare enrollment process, expanding cer- Dicks Lee (CA) Ruppersberger gether on something that will help Doggett Levin Rush tain standards of participation, and reducing Donnelly (IN) Lewis (GA) bring down the cost of health care in- erroneous payments. The amendment also Ryan (OH) Doyle Lipinski Salazar surance, and nothing will more surely provides additional tools to pursue fraudulent Driehaus Loebsack Sa´ nchez, Linda do that than to remove this exemption healthcare providers, suppliers and billing Edwards (MD) Lofgren, Zoe T. Edwards (TX) Lowey Sanchez, Loretta from antitrust that is beholden to the agencies. These are bipartisan goals, and my ´ Ellison Lujan Sarbanes insurance companies. As long as they language has true bipartisan support. Unfortu- Engel Lynch Schakowsky Eshoo Maffei have it, they are free to do the monop- nately, Democrats on the Rules Committee re- Schauer Etheridge Maloney oly. They are free to price fix. fused to even allow an up-or-down vote on the Schiff Farr Markey (CO) We can agree on both sides of the Schrader House floor that would have added this impor- Fattah Markey (MA) Schwartz aisle here today to bring down the cost tant, cost-cutting measure to a bill that is oth- Filner Marshall of health care insurance by removing Foster Massa Scott (GA) erwise lacking in substance. Scott (VA) this exemption. Frank (MA) Matheson I expect more political healthcare votes in Fudge Matsui Serrano Ms. PINGREE of Maine. Mr. Speaker, the coming weeks, and I am prepared to offer Garamendi McCarthy (NY) Sestak I have no further requests for time, and my piece of the Obama healthcare plan as an Gonzalez McCollum Shea-Porter I reserve the balance of my time. Gordon (TN) McDermott Sherman amendment each time. If Democrats are seri- Sires Ms. FOXX. Mr. Speaker, Mr. SCOTT Grayson McGovern ous about reducing costs and passing stand- Green, Al McIntyre Skelton just made Mr. LUNGREN’s case for him alone bipartisan solutions, then I ask them to Green, Gene McMahon Slaughter as far as I’m concerned. He just said we accept my language. The billions in waste that Grijalva McNerney Smith (WA) want to work together on issues. Mr. we save could go a long way toward providing Gutierrez Meek (FL) Snyder Hall (NY) Meeks (NY) Space LUNGREN said that’s what we’ve done. health insurance for the millions of Americans Halvorson Melancon Speier A bipartisan amendment passed. The who cannot afford it. Hare Michaud Stupak Democrats took the bipartisan amend- I urge my colleagues to oppose this closed Harman Miller (NC) Sutton Hastings (FL) Miller, George ment out of the bill. rule. Tanner We want to work together. Many Re- Heinrich Mollohan Taylor Ms. PINGREE of Maine. I yield back Herseth Sandlin Moore (KS) Teague publicans are going to vote for this the balance of my time. Himes Moran (VA) Thompson (CA) Hinchey Murphy (CT) bill. I hope they won’t vote for the Ms. FOXX. The gentlewoman from Maine Thompson (MS) rule, because it’s a bad rule, but they Hinojosa Murphy, Patrick Tierney Hirono Nadler (NY) did not yield time to me so that I could explain Titus will vote for the bill. Hodes Napolitano that I did not urge opposition to the underlying Tonko The Democrats, time and again, tout Holden Neal (MA) bill but only the rule. Towns their plan will increase competition Holt Nye Ms. PINGREE of Maine. I move the Honda Oberstar Tsongas and lower premiums. We don’t think Van Hollen previous question on the resolution. Hoyer Obey that’s true. Vela´ zquez The previous question was ordered. Inslee Olver I want to urge the American people Israel Ortiz Visclosky The SPEAKER pro tempore. The Walz to read the summary the White House Jackson (IL) Owens question is on the resolution. Jackson Lee Pallone Wasserman has put out on their bill and see the in- Schultz The question was taken; and the (TX) Pascrell creased Federal control of health care Johnson (GA) Pastor (AZ) Waters in this country. Speaker pro tempore announced that Johnson, E. B. Payne Watson Watt The SPEAKER pro tempore. The the ayes appeared to have it. Kagen Perlmutter Ms. FOXX. Mr. Speaker, on that I de- Kanjorski Perriello Waxman time of the gentlewoman has expired. Kaptur Peters Weiner Ms. PINGREE of Maine. Mr. Speaker, mand the yeas and nays. Kennedy Peterson Welch I thank my colleague on the other side The yeas and nays were ordered. Kildee Pingree (ME) Wilson (OH) The SPEAKER pro tempore. Pursu- Kilpatrick (MI) Polis (CO) Woolsey of the aisle. Kilroy Pomeroy Wu We’ve heard a variety of reasons and ant to clause 8 of rule XX, this 15- Kind Price (NC) Yarmuth excuses today about why this bill minute vote on adoption of House Res- shouldn’t pass, whether it was about olution 1098 will be followed by 5- NAYS—181 the committee process or a loophole, minute votes on motions to suspend Aderholt Camp Flake debating it back and forth. But the fact the rules on: Akin Campbell Fleming House Resolution 1074; and Alexander Cantor Forbes is we cannot have meaningful health Austria Cao Fortenberry care reform in this country until we fi- House Resolution 944, if ordered. Bachmann Capito Foxx nally decide to put an end to insurance The vote was taken by electronic de- Bachus Carter Franks (AZ) company greed and insurance company vice, and there were—yeas 238, nays Bartlett Cassidy Frelinghuysen Barton (TX) Castle Gallegly monopolies. We must stop companies 181, not voting 13, as follows: Biggert Chaffetz Garrett (NJ) like Anthem who demand rate in- [Roll No. 60] Bilbray Childers Gerlach creases that are many times the rate of Bilirakis Coble Giffords YEAS—238 Bishop (UT) Coffman (CO) Gingrey (GA) inflation, which puts health care insur- Abercrombie Bishop (NY) Carson (IN) Blackburn Cole Gohmert ance out of reach for many, many Ackerman Blumenauer Castor (FL) Boehner Conaway Goodlatte Americans. Adler (NJ) Boccieri Chandler Bonner Crenshaw Granger I urge a ‘‘yes’’ vote on the previous Altmire Boren Chu Bono Mack Culberson Graves Andrews Boswell Clarke Boozman Dahlkemper Griffith question and on the rule. Arcuri Boucher Cleaver Boustany Davis (KY) Guthrie Mrs. BIGGERT. Mr. Speaker, I rise today in Baca Boyd Clyburn Brady (TX) Deal (GA) Hall (TX) opposition to this closed rule for H.R. 4626, Baird Brady (PA) Cohen Bright Dent Harper Baldwin Braley (IA) Connolly (VA) Broun (GA) Diaz-Balart, L. Hastings (WA) the Health Insurance Industry Fair Competition Barrow Brown, Corrine Conyers Brown (SC) Diaz-Balart, M. Heller Act. Last night, I offered an amendment to Bean Butterfield Cooper Brown-Waite, Dreier Hensarling crack down on fraud in Medicare, which costs Becerra Capps Costa Ginny Duncan Herger taxpayers as much as $50 billion a year. My Berkley Capuano Costello Buchanan Ehlers Hill Berman Cardoza Courtney Burgess Ellsworth Hunter language, an update of my bill, the Medicare Berry Carnahan Crowley Burton (IN) Emerson Inglis Fraud Prevention and Enforcement Act of Bishop (GA) Carney Cuellar Calvert Fallin Issa

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1769 Jenkins McMorris Ryan (WI) Boren Foster Linder Rangel Sensenbrenner Tiahrt Johnson (IL) Rodgers Scalise Boswell Foxx Lipinski Rehberg Serrano Tiberi Johnson, Sam Mica Schmidt Boucher Frank (MA) LoBiondo Reyes Sessions Tierney Jones Miller (FL) Schock Boustany Franks (AZ) Loebsack Richardson Sestak Titus Jordan (OH) Miller (MI) Sensenbrenner Boyd Frelinghuysen Lofgren, Zoe Rodriguez Shadegg Tonko King (IA) Miller, Gary Sessions Brady (PA) Fudge Lowey Roe (TN) Shea-Porter Towns King (NY) Minnick Shadegg Brady (TX) Gallegly Lucas Rogers (AL) Sherman Tsongas Kingston Mitchell Shimkus Braley (IA) Garamendi Luetkemeyer Rogers (KY) Shimkus Turner Moran (KS) Bright Garrett (NJ) Luja´ n Rogers (MI) Shuler Kirk Shuler Upton Murphy (NY) Broun (GA) Gerlach Lummis Rohrabacher Shuster Kline (MN) Shuster Van Hollen Murphy, Tim Brown (SC) Giffords Lungren, Daniel Rooney Simpson Lamborn Simpson Vela´ zquez Lance Myrick Smith (NE) Brown, Corrine Gingrey (GA) E. Ros-Lehtinen Sires Neugebauer Brown-Waite, Gohmert Lynch Roskam Skelton Visclosky Latham Smith (NJ) Nunes Ginny Gonzalez Mack Ross Slaughter Walden LaTourette Smith (TX) Olson Buchanan Goodlatte Maffei Roybal-Allard Smith (NE) Walz Latta Souder Paul Burgess Gordon (TN) Maloney Royce Smith (NJ) Wamp Lee (NY) Stearns Paulsen Burton (IN) Granger Manzullo Ruppersberger Smith (TX) Wasserman Lewis (CA) Sullivan Pence Butterfield Graves Marchant Rush Smith (WA) Schultz Terry Linder Petri Buyer Grayson Markey (CO) Ryan (OH) Snyder Waters Thompson (PA) LoBiondo Platts Calvert Green, Al Markey (MA) Ryan (WI) Souder Watson Lucas Thornberry Poe (TX) Camp Green, Gene Marshall Salazar Space Watt Luetkemeyer Tiahrt Posey Campbell Griffith Massa Sa´ nchez, Linda Speier Waxman Lummis Tiberi Price (GA) Cantor Grijalva Matheson T. Spratt Weiner Lungren, Daniel Turner Putnam Cao Guthrie Matsui Sanchez, Loretta Stearns Westmoreland E. Upton Rehberg Capito Gutierrez McCarthy (CA) Sarbanes Stupak Whitfield Mack Walden Roe (TN) Capps Hall (NY) McCarthy (NY) Scalise Sullivan Wilson (OH) Manzullo Rogers (AL) Wamp Capuano Hall (TX) McCaul Schakowsky Sutton Wilson (SC) Marchant Rogers (KY) Westmoreland Cardoza Halvorson McClintock Schauer Tanner Wittman McCarthy (CA) Rogers (MI) Whitfield Carnahan Hare McCollum Schiff Taylor Wolf McCaul Rohrabacher Wilson (SC) Carney Harman McCotter Schmidt Teague McClintock Rooney Wittman Carson (IN) Harper McDermott Schock Terry Woolsey McCotter Ros-Lehtinen Wolf Carter Hastings (FL) McGovern Schrader Thompson (CA) Wu McHenry Roskam Young (AK) Cassidy Hastings (WA) McHenry Schwartz Thompson (MS) Yarmuth McKeon Royce Young (FL) Castle Heinrich McIntyre Scott (GA) Thompson (PA) Young (AK) Castor (FL) Heller McKeon Scott (VA) Thornberry Young (FL) NOT VOTING—13 Chaffetz Hensarling McMahon NOT VOTING—11 Barrett (SC) Higgins Reichert Chandler Herger McMorris Blunt Hoekstra Spratt Childers Herseth Sandlin Rodgers Barrett (SC) Hoekstra Rothman (NJ) Buyer Moore (WI) Stark Chu Higgins McNerney Blunt Pitts Stark Clay Pitts Clarke Hill Meek (FL) Clay Radanovich Welch Dingell Radanovich Cleaver Himes Meeks (NY) Dingell Reichert Clyburn Hinchey Melancon ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1215 Coble Hinojosa Mica Coffman (CO) Hirono Michaud The SPEAKER pro tempore (during Messrs. KIRK and SIMPSON changed Cohen Hodes Miller (FL) the vote). Members have 2 minutes re- their vote from ‘‘yea’’ to ‘‘nay.’’ Cole Holden Miller (MI) maining in this vote. Conaway Holt Miller (NC) So the resolution was agreed to. Connolly (VA) Honda Miller, Gary b 1224 The result of the vote was announced Conyers Hoyer Miller, George as above recorded. Cooper Hunter Minnick So (two-thirds being in the affirma- A motion to reconsider was laid on Costa Inglis Mitchell tive) the rules were suspended and the Costello Inslee Mollohan resolution was agreed to. the table. Courtney Israel Moore (KS) Crenshaw Issa Moore (WI) The result of the vote was announced f Crowley Jackson (IL) Moran (KS) as above recorded. Cuellar Jackson Lee Moran (VA) A motion to reconsider was laid on HONORING THE LIFE OF MIEP Culberson (TX) Murphy (CT) the table. GIES Cummings Jenkins Murphy (NY) Dahlkemper Johnson (GA) Murphy, Patrick f The SPEAKER pro tempore. The un- Davis (AL) Johnson (IL) Murphy, Tim EXPRESSING THE SENSE OF THE finished business is the vote on the mo- Davis (CA) Johnson, E. B. Myrick Davis (IL) Johnson, Sam Nadler (NY) HOUSE OF REPRESENTATIVES tion to suspend the rules and agree to Davis (KY) Jones Napolitano ON RELIGIOUS MINORITIES IN the resolution, H. Res. 1074, on which Davis (TN) Jordan (OH) Neal (MA) IRAQ the yeas and nays were ordered. Deal (GA) Kagen Neugebauer DeFazio Kanjorski Nunes The SPEAKER pro tempore. The un- The Clerk read the title of the resolu- DeGette Kaptur Nye finished business is the question on tion. Delahunt Kennedy Oberstar suspending the rules and agreeing to The SPEAKER pro tempore. The DeLauro Kildee Obey the resolution, H. Res. 944, as amended. question is on the motion offered by Dent Kilpatrick (MI) Olson Diaz-Balart, L. Kilroy Olver The Clerk read the title of the resolu- the gentleman from New York (Mr. Diaz-Balart, M. Kind Ortiz tion. MCMAHON) that the House suspend the Dicks King (IA) Owens The SPEAKER pro tempore. The rules and agree to the resolution, H. Doggett King (NY) Pallone Donnelly (IN) Kingston Pascrell question is on the motion offered by Res. 1074. Doyle Kirk Pastor (AZ) the gentleman from New York (Mr. This will be a 5-minute vote. Dreier Kirkpatrick (AZ) Paul MCMAHON) that the House suspend the The vote was taken by electronic de- Driehaus Kissell Paulsen rules and agree to the resolution, H. vice, and there were—yeas 421, nays 0, Duncan Klein (FL) Payne Edwards (MD) Kline (MN) Pence Res. 944, as amended. not voting 11, as follows: Edwards (TX) Kosmas Perlmutter The question was taken. [Roll No. 61] Ehlers Kratovil Perriello The SPEAKER pro tempore. In the Ellison Kucinich Peters opinion of the Chair, two-thirds being YEAS—421 Ellsworth Lamborn Peterson Abercrombie Bachus Bilbray Emerson Lance Petri in the affirmative, the ayes have it. Ackerman Baird Bilirakis Engel Langevin Pingree (ME) RECORDED VOTE Aderholt Baldwin Bishop (GA) Eshoo Larsen (WA) Platts Ms. PINGREE of Maine. Mr. Speaker, Adler (NJ) Barrow Bishop (NY) Etheridge Larson (CT) Poe (TX) Akin Bartlett Bishop (UT) Fallin Latham Polis (CO) I demand a recorded vote. Alexander Barton (TX) Blackburn Farr LaTourette Pomeroy A recorded vote was ordered. Altmire Bean Blumenauer Fattah Latta Posey The SPEAKER pro tempore. This is a Andrews Becerra Boccieri Filner Lee (CA) Price (GA) 5-minute vote. Arcuri Berkley Boehner Flake Lee (NY) Price (NC) The vote was taken by electronic de- Austria Berman Bonner Fleming Levin Putnam Baca Berry Bono Mack Forbes Lewis (CA) Quigley vice, and there were—ayes 415, noes 3, Bachmann Biggert Boozman Fortenberry Lewis (GA) Rahall not voting 14, as follows:

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1770 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 [Roll No. 62] Moran (VA) Rohrabacher Speier protect competition and consumers, Murphy (NY) Rooney AYES—415 Spratt and ask for its immediate consider- Murphy, Patrick Ros-Lehtinen Stearns Abercrombie Dahlkemper Jackson Lee Murphy, Tim Roskam Stupak ation. Ackerman Davis (AL) (TX) Myrick Ross Sullivan The Clerk read the title of the bill. Aderholt Davis (CA) Jenkins Nadler (NY) Rothman (NJ) Sutton The text of the bill is as follows: Adler (NJ) Davis (IL) Johnson (GA) Napolitano Roybal-Allard Tanner H.R. 4626 Akin Davis (KY) Johnson (IL) Neal (MA) Royce Taylor Alexander Johnson, E. B. Neugebauer Ruppersberger Davis (TN) Teague Be it enacted by the Senate and House of Rep- Altmire Johnson, Sam Nunes Rush Deal (GA) Terry resentatives of the United States of America in Andrews DeFazio Jones Nye Ryan (OH) Thompson (CA) Congress assembled, Arcuri DeGette Jordan (OH) Oberstar Ryan (WI) Thompson (MS) Austria Delahunt Kagen Obey Salazar SECTION 1. SHORT TITLE. Thompson (PA) Baca DeLauro Kanjorski Olson Sa´ nchez, Linda This Act may be cited as the ‘‘Health In- Thornberry Bachmann Dent Kaptur Olver T. surance Industry Fair Competition Act’’. Tiahrt Bachus Diaz-Balart, L. Kennedy Ortiz Sanchez, Loretta SEC. 2. RESTORING THE APPLICATION OF ANTI- Baird Diaz-Balart, M. Kildee Owens Sarbanes Tiberi Tierney TRUST LAWS TO HEALTH SECTOR IN- Baldwin Dicks Kilpatrick (MI) Pallone Scalise SURERS. Barrow Doggett Kilroy Pascrell Schakowsky Titus (a) AMENDMENT TO MCCARRAN-FERGUSON Bartlett Donnelly (IN) Kind Pastor (AZ) Schauer Tonko ACT.—Section 3 of the Act of March 9, 1945 Barton (TX) Doyle King (IA) Paulsen Schiff Towns Bean Dreier King (NY) Payne Schmidt Tsongas (15 U.S.C. 1013), commonly known as the Becerra Driehaus Kingston Pence Schock Turner McCarran-Ferguson Act, is amended by add- Berkley Duncan Kirk Perlmutter Schrader Upton ing at the end the following: Berman Edwards (MD) Kirkpatrick (AZ) Perriello Schwartz Van Hollen ‘‘(c) Nothing contained in this Act shall Berry Edwards (TX) Kissell Peters Scott (GA) Vela´ zquez modify, impair, or supersede the operation of Biggert Ehlers Klein (FL) Peterson Scott (VA) Visclosky Bilbray Kline (MN) Petri Sensenbrenner any of the antitrust laws with respect to the Ellison Walden business of health insurance. For purposes of Bilirakis Kosmas Pingree (ME) Serrano Walz Ellsworth the preceding sentence, the term ‘antitrust Bishop (GA) Emerson Kratovil Platts Sessions Wamp Bishop (NY) Engel Kucinich Poe (TX) Sestak Wasserman laws’ has the meaning given it in subsection Bishop (UT) Eshoo Lamborn Polis (CO) Shadegg Schultz (a) of the first section of the Clayton Act, ex- Blackburn Etheridge Lance Pomeroy Shea-Porter Waters cept that such term includes section 5 of the Blumenauer Langevin Posey Sherman Fallin Watson Federal Trade Commission Act to the extent Boccieri Larsen (WA) Price (GA) Shimkus Farr Watt Boehner Larson (CT) Price (NC) Shuler that such section 5 applies to unfair methods Fattah Waxman Bonner Latham Putnam Shuster of competition.’’. Filner Bono Mack LaTourette Quigley Simpson Weiner (b) RELATED PROVISION.—For purposes of Fleming Boozman Latta Rahall Sires Whitfield section 5 of the Federal Trade Commission Forbes Boren Lee (CA) Rangel Skelton Wilson (OH) Fortenberry Act (15 U.S.C. 45) to the extent such section Boswell Lee (NY) Rehberg Slaughter Wilson (SC) Foster applies to unfair methods of competition, Boucher Levin Reyes Smith (NE) Wittman Foxx section 3(c) of the McCarran-Ferguson Act Boustany Lewis (CA) Richardson Smith (NJ) Wolf Frank (MA) Boyd Lewis (GA) Rodriguez Smith (TX) Woolsey shall apply with respect to the business of Franks (AZ) Brady (PA) Linder Roe (TN) Smith (WA) Wu health insurance without regard to whether Brady (TX) Frelinghuysen Lipinski Rogers (AL) Snyder Yarmuth such business is carried on for profit, not- Braley (IA) Fudge LoBiondo Rogers (KY) Souder Young (AK) withstanding the definition of ‘‘Corporation’’ Bright Gallegly Loebsack Rogers (MI) Space Young (FL) contained in section 4 of the Federal Trade Garamendi Brown (SC) Lofgren, Zoe Commission Act. Brown, Corrine Garrett (NJ) Lowey NOES—3 Gerlach Brown-Waite, Lucas Broun (GA) Flake Paul The SPEAKER pro tempore. Pursu- Ginny Giffords Luetkemeyer ant to House Resolution 1098, the gen- Buchanan Gingrey (GA) Luja´ n NOT VOTING—14 Gohmert tleman from Michigan (Mr. CONYERS) Burgess Lummis Barrett (SC) McMorris Radanovich Gonzalez and the gentleman from Texas (Mr. Burton (IN) Lungren, Daniel Blunt Rodgers Reichert Goodlatte Butterfield E. Clay Miller (NC) Stark SMITH) each will control 60 minutes. Gordon (TN) Buyer Lynch Dingell Murphy (CT) Welch The Chair recognizes the gentleman Granger Calvert Mack Hoekstra Pitts Westmoreland from Michigan. Camp Graves Maffei Campbell Grayson Maloney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE GENERAL LEAVE Cantor Green, Al Manzullo The SPEAKER pro tempore (Ms. Mr. CONYERS. Madam Speaker, I Cao Green, Gene Marchant Capito Griffith Markey (CO) MCCOLLUM) (during the vote). Members ask unanimous consent that all Mem- Capps Grijalva Markey (MA) are reminded there is less than 1 bers may have 5 legislative days in Capuano Guthrie Marshall minute left in this vote. which to revise and extend their re- Cardoza Gutierrez Massa marks and insert extraneous material Carnahan Hall (NY) Matheson b 1232 Carney Hall (TX) Matsui on H.R. 4626. Carson (IN) Halvorson McCarthy (CA) So (two-thirds being in the affirma- The SPEAKER pro tempore. Is there Carter Hare McCarthy (NY) tive) the rules were suspended and the objection to the request of the gen- Cassidy Harman McCaul resolution, as amended, was agreed to. Castle Harper McClintock tleman from Michigan? Castor (FL) Hastings (FL) McCollum The result of the vote was announced There was no objection. Chaffetz Hastings (WA) McCotter as above recorded. Mr. CONYERS. Madam Speaker, I Chandler Heinrich McDermott The title of the resolution was yield myself such time as I may con- Childers Heller McGovern Chu Hensarling McHenry amended so as to read: ‘‘Expressing the sume. Clarke Herger McIntyre sense of the House of Representatives Madam Speaker and my colleagues, Cleaver Herseth Sandlin McKeon on the protection of members of vul- the bill before us will allow, for the Clyburn Higgins McMahon nerable religious and ethnic minority Coble Hill McNerney first time, competition to take hold in Coffman (CO) Himes Meek (FL) communities in Iraq.’’. the health insurance marketplace, an Cohen Hinchey Meeks (NY) A motion to reconsider was laid on important and vital step in the road to Cole Hinojosa Melancon the table. fixing our broken health insurance sys- Conaway Hirono Mica Connolly (VA) Hodes Michaud f tem and containing costs. I want to Conyers Holden Miller (FL) commend, in particular, my colleagues Cooper Holt Miller (MI) HEALTH INSURANCE INDUSTRY TOM PERRIELLO of Virginia and BETSY Costa Honda Miller, Gary FAIR COMPETITION ACT Costello Hoyer Miller, George MARKEY of Colorado for working with Courtney Hunter Minnick Mr. CONYERS. Madam Speaker, pur- our committee on this important ef- Crenshaw Inglis Mitchell suant to House Resolution 1098, I call fort. Crowley Inslee Mollohan up the bill (H.R. 4626) to restore the ap- Experience has shown that Con- Cuellar Israel Moore (KS) Culberson Issa Moore (WI) plication of the Federal antitrust laws gress—and we hate to admit having Cummings Jackson (IL) Moran (KS) to the business of health insurance to made mistakes in the past, but we did

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1771 make an error in 1945 in adding an made a lot of headway under the dis- State insurance regulators actively en- antitrust exemption into the tinguished chairman, our former col- force prohibitions in these areas.’’ McCarran-Ferguson Act at the last league, Jack Brooks of Texas, who So, again, what’s the point of the minute during the debate. Not many of headed the committee after Peter Ro- bill? you were here at that time, and neither dino and after Emanuel ‘‘Manny’’ The McCarran-Ferguson Act’s Fed- was I, but leading consumer groups and Celler, and it is time to complete this eral antitrust exemption simply allows senior citizen groups, State attorneys effort in the area of health insurance small and medium-sized insurers to ag- general and others for years have been since this is the number one subject, gregate information for underwriting urging that we in the legislature fix legislatively, before us being watched purposes so they can compete effec- this error that has been made so long carefully by everyone in the Nation. tively against larger companies. In ago. Last fall, our Judiciary Committee other words, McCarran-Ferguson helps The bipartisan Antitrust Moderniza- reported a similar bill which was incor- to promote competition by making tion Commission established by this porated into the comprehensive health small and medium-sized underwriters body and President Bush in 2002 echoed care bill passed by the House. And so I viable. this call in its 2007 report. And now, as commend my colleagues, Representa- Eliminating the exchange of data we work to fix what everyone mostly tives PERRIELLO and MARKEY, for their provision that was included in earlier agrees is a broken health insurance leadership in bringing this effort back versions of this bill likely will impede market, it is about time to bring into to the House floor today as a free- new entry into the health insurance that market what is an essential ingre- standing measure. markets. This means that there could dient of any well-functioning market— With more and more people having to be less competition among health in- competition. And the way we make choose between having health insur- surers. sure that happens here is the same way ance or food on the table, isn’t it about That said, I believe, as does the Anti- we made sure it happens in every other time the health insurance companies’ trust Modernization Commission, that industry—to have the antitrust laws cozy antitrust exemption be taken off antitrust exemptions should be rarely apply. These laws are the principal pro- the books? granted or created. Yet, if they are tector of free market competition and So I urge all my colleagues to sup- necessary, they should be written in as the prosperity it provides, the principal port this long-overdue, pro-consumer limited a way as necessary to meet a guarantee that businesses who want to legislation that will affect citizens and compelling public policy goal. offer choice and value to consumers families in every State. I can understand why some of my can do so. Madam Speaker, I reserve the bal- colleagues may want to support this The blanket antitrust exemption in ance of my time. bill, and given that it will have no the McCarran-Ferguson Act shields Mr. SMITH of Texas. Madam Speak- meaningful impact, I don’t oppose it. health insurance companies from legal er, I yield myself such time as I may However, when repealing an existing accountability for fixing prices, divid- consume. antitrust exemption, we should be ing up markets and customers they Madam Speaker, H.R. 4626, the careful of the unintended consequences serve so as to deny meaningful choice, Health Insurance Industry Fair Com- of our actions. and using monopoly power to sabotage petition Act, unfortunately doesn’t do The majority has avoided one unin- anyone who seeks to offer meaningful much. In fact, it has all the substance tended consequence of this legislation competitive choice to consumers. This, of a soup made by boiling the shadow by limiting its application solely to ladies and gentlemen, must end. of a chicken. health insurers. Eliminating mal- Antitrust court actions alleging each In his State of the Union address on practice insurers goes a long way to- of these practices, and more, have been January 27, President Obama chal- ward making this bill more reasonable. blocked routinely in the courts by in- lenged Congress to create a plan that However, the majority should adopt voking the McCarran-Ferguson anti- ‘‘will bring down premiums, bring down further changes to this bill to dem- trust exemption, and that is what we the deficit, cover the uninsured, onstrate that they are more interested are here to repair today. strengthen Medicare for seniors, and in legislating than in targeting an un- Now, an antitrust expert attorney, stop insurance company abuses.’’ The popular industry for no real policy rea- David Balto, with antitrust enforce- administration’s health care plan does son. ment experience acquired both at the just the opposite. It increases pre- Specifically, this legislation should United States Justice Department and miums, increases taxes, and reduces be amended to define the term ‘‘busi- the Federal Trade Commission, has Medicare benefits for seniors. ness of health insurance.’’ Second, we found that State insurance commis- Will today’s McCarran-Ferguson re- should reinsert the exchange of data sioners have not brought any actions peal bring down insurance premiums? provision that was added to the bill in in any State against health insurers No. The Congressional Budget Office committee. Finally, we should clarify for anticompetitive conduct during at says that ‘‘whether premiums would that this bill will not impinge upon least the last 5 years. increase or decrease as a result of this State insurance regulations. None of Health insurance premiums continue legislation is difficult to determine, these concepts are revolutionary. They to spiral ever-upward each year, and but in either case the magnitude of the were all included in earlier versions of copayments and deductibles keep tak- effects is likely to be quite small.’’ this legislation that were passed by the ing further bites out of tight family House. budgets. Those families have a right to b 1245 That said, if the majority really know that they are not being victim- So what’s the point of the bill? wants to help consumers, we should ized by insurers any longer who should The CBO goes on to say that pre- consider a measure that could actually be competing to offer them choice and mium reductions from this bill are achieve savings for patients: medical value but, instead, are, unfortunately, likely to be small because ‘‘State laws malpractice tort reform. conspiring against them. already bar the activities that would According to a study by the Harvard In its famous Topco ruling, the be prohibited under Federal law if this School of Public Health, 40 percent of United States Supreme Court refers to bill was enacted.’’ all medical malpractice suits against the antitrust laws as the Magna Carta So what’s the point of the bill? doctors and hospitals are ‘‘without of free enterprise. The health insurance The National Association of Insur- merit.’’ So every doctor must purchase industry should not be exempt from ance Commissioners pointed out that malpractice insurance at great expense them. bid-rigging, price-fixing, and market to protect themselves from frivolous The Judiciary Committee has been allocation ‘‘are not permitted under lawsuits. working to remove this harmful ex- the McCarran-Ferguson Act, and are A Department of Health and Human emption for a number of years. We not tolerated under State law. Indeed, Services study found that unlimited

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1772 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 excessive damages add $70 billion to I thank the distinguished colleague ceives a fair deal on goods and services. $126 billion annually to health care from our Judiciary Committee, Mr. There is significant evidence that removing the costs. Doctors are so concerned about PERRIELLO, for his leadership, along antitrust exemption will increase competition in frivolous lawsuits that they have to with many others. the insurance industry and will result in lower practice defensive medicine and order Removing the antitrust exemption prices and other benefits for consumers. In unnecessary tests and procedures. HHS will not only enable appropriate en- fact, experience has shown time and time estimates the national cost of defen- forcement against these unjust prac- again the benefits of increased competition in sive medicine is now more than $60 bil- tices when they are uncovered, but it the form of lower prices, increased choice, lion. will also give all health insurance com- and greater innovation. All of these expenses are then passed panies healthy competitive incentives A healthy and competitive health insurance on to patients in the costs of health so you as a family of four, as a grand- market will drive prices down in the health in- care. That is why some States, includ- mother, as a single parent can get the surance industry, just as we have seen it do ing my home State of Texas, have en- insurance possible as we move forward in so many other industries where competition acted tort reform, which limits the in health insurance. is allowed to take hold. For example, since the amount of excessive damages awarded The attorney general of New York, in state of California passed a law in 1988 that in frivolous lawsuits. The result? Insur- his investigation, found that insurance eliminated the state antitrust exemption for the ance premiums have fallen, and the companies engage in collusion. That’s auto insurance industry, auto premiums for availability of medical care has ex- why we need this. We want to break consumers in California have risen by only panded. But this bill will do nothing to the rules so we can help doctors with 9.8% while the rest of the country has seen reduce the costs of health care. lower premiums and medical mal- auto premiums rise by over 48 percent. The Congress should set aside this bill, practice and with shielding our con- Consumer Federation of America has said that and it should take up lawsuit abuse re- stituency from these Godforsaken consumers would save over $50 billion in inform, which could reduce health care prices. surance premiums by repealing the 1945 costs for our constituents. Let me tell you that we have seen McCarran-Ferguson Act for all lines of insur- Madam Speaker, I reluctantly sup- this in action in the Ocean State Phy- ance. Further, it is estimated that subjecting port this, unfortunately, ineffective sicians Health Plan v. Blue Cross and health insurance companies to federal antitrust bill. Blue Shield. Citing this act, this anti- laws would lower premiums by 10% or more. I reserve the balance of my time. trust prevention act, the First Circuit Removing this antitrust exemption will not Mr. CONYERS. Madam Speaker, be- overturned a jury verdict against the only enable appropriate enforcement against fore I yield to SHEILA JACKSON LEE, I these unjust practices when they are uncov- yield myself 1 minute because my dear dominant health insurer for using its monopoly power to put financial pres- ered; it will also give all health insurance com- friend, the ranking member, asked, panies healthy competitive incentives that will What is the point of this legislation? sure on area employers to refuse to do business with a competing HMO. The promote better affordability, improved quality, We have made a long list of points of increased innovation, and greater consumer this legislation. To begin with, it is to First Circuit, because of the exemption, blocked any opportunity for com- choice, as the antitrust laws have done increase competition in the health care throughout the rest of the economy for over a industry. It also is to shine a light on petition. We need to change this, and we have found that this collusion is century. industry practices that are currently The antitrust exemption was enacted in unavailable and undetectable because hurting us. So, Madam Speaker, I would say to 1945, as part of legislation whose main pur- of the exemption. That’s why we are on pose was simply to reaffirm the authority of you that, in order to save lives, like the floor today. States to regulate insurance for the protection the lives in my 18th Congressional Dis- I yield 3 minutes to a distinguished of their citizens. The antitrust exemption was trict, where Texas is the poster child member of the committee, the gentle- quietly inserted at the end of the legislative for the most uninsured, 1.1 million—it woman from Houston, Texas, SHEILA process, in conference committee. As a result, has the dubious honor of being the JACKSON LEE. insurance companies have been shielded from largest uninsured State in the Nation. Ms. JACKSON LEE of Texas. I thank legal accountability for price fixing, dividing up My county, Harris County, as we fight the distinguished chairman. territories among themselves, sabotaging their Madam Speaker, I rise to announce over and over for health insurance, competitors in the marketplace in order to gain to the American public and to this does not have people who are insured. monopoly power, and other practices that un- body that, as we stand here today, over So this will help bring, along with the justly harm consumers. Moreover, antitrust a year’s time, 45,000 Americans die be- health reform that we will pass in the court actions alleging each of these practices, cause they don’t have health insur- next couple of weeks, the idea of saving and more, have been blocked by invoking the ance. They don’t have health insurance lives and of providing for our children McCarran-Ferguson antitrust exemption. because the premiums have literally and our families. For far too long, the health insurance indus- spiraled beyond any imagination. So, Chairman CONYERS had the single- try has played by a different set of rules. today, we are rising to create an oppor- payer bill. That was the initiative that Shielding health and medical malpractice in- tunity for Americans to live and for should have gone forward, but now we surance companies from federal antitrust laws lives to be saved because competition have a way of saving lives. This is fis- is a practice that must end. is the engine, not only of the economy, cally secure, and it provides security to Madam Speaker, the American public but it is the engine of better health those who are in need. I ask that you agrees that the special treatment the anti-trust care for all Americans. support this legislation to, again, save exemption affords insurance companies must Here is an example that shows how lives. come to an end. A recent Rasmussen poll increased premiums are the complete Madam Speaker, I rise in support of H.R. found that 65% of Americans favored remov- opposite of commitment and service to 4626, Health Insurance Industry Fair Competi- ing the anti-trust exemption for health insur- our constituency: When the State of tion Act, a bill designed to restore competition ance companies. Of those polled, Democrats California passed a law in 1988 that and transparency to the health insurance mar- supported subjecting insurance companies to eliminated the State antitrust exemp- ket—by repealing the blanket antitrust exemp- antitrust laws by a seven-to-one margin. Sixty- tion for the auto insurance industry, tion afforded to health insurance companies four percent (64%) of independent voters and auto premiums for consumers in Cali- by the McCarran-Ferguson Act of 1945. Today 58% of Republicans also believe insurers fornia rose 9.8 percent when the rest of 45,000 people a year die without health insur- should abide by antitrust laws. This data dem- the premiums in the Nation were going ance and they die because they do not have onstrates that there is bi-partisan public sup- down. The Consumer Federation of health insurance! This is a matter of life and port for demanding that health insurance com- America said that consumers would death. panies play by the same rules as other com- save over $50 billion in insurance pre- Madam Speaker, competition is the engine panies in America. miums by repealing the 1945 McCarran- that drives our economy, spurs innovation, Madam Speaker, I agree with the majority of Ferguson Act. and ensures that the American consumer re- the American public that shielding health and

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1773 medical malpractice insurance companies has the dubious honor of being the uninsured is, at best, going to change little and, from federal antitrust laws is a practice that capital of the nation. Further, with more than at worst, is going to be counter- must end. Eliminating the anti-trust exemption 1.1 million of the nation’s uninsured living in productive. As the CBO concluded in for the health care industry is a vital step to- my own county, Harris County, I represent October, repealing the exemption ward reforming health care, lowering prices for what some have labeled as ground zero of the would have little or no effect on insur- consumers and doctors, and leveling the play- health care debate. Thus, the issue of uni- ance premiums because State laws al- ing field for American businesses. versal health care coverage—something that ready bar the activities that would be The Consumer Federation of America has would have been achieved by Chairman CON- prohibited under Federal law should said that consumers would save over $50 bil- YERS’ Single Payer bill, which I supported, is the bill be enacted. Instead, additional lion in insurance premiums by repealing the more than an empty slogan; it’s a matter of regulatory burdens on insurers will 1945 McCarran-Ferguson Act for all lines of fiscal and physical life and death to the people likely be passed on to the policyholders insurance. Further, it is estimated that sub- of the 18th Congressional District. Therefore, in the form of higher premiums. jecting health insurance companies to federal no matter how the pending debate over the This, my friends, is the majority’s antitrust laws would lower premiums by 10% details of the health reform bill winds up, my higher health insurance premium bill or more. Moreover, in addition to bi-partisan constituents can count on me to continue in the name of competition. It’s not support amongst the American public, repeal- fighting and continue working together with my going to happen. The bill would subject ing anti-trust exemptions for all health insur- colleagues of both parties, to ensure that ev- to new Federal enforcement a variety ance is supported by conservative political eryone in my district, in Houston, in Texas, of ongoing collaborative practices leaders as well such as Governor Bobby and in America has access to affordable and among health insurers which are cur- Jindal of Louisiana, Senator JOSEPH LIEBER- quality health care. rently permitted by the States because MAN, and former Majority Leader Trent Lott. Mr. SMITH of Texas. I yield myself 1 they allow the small insurers to com- This bill is also necessary because, over the minute. pete. years, health insurers have been able to use Madam Speaker, let me say that I al- Now, shouldn’t we be for small insur- this antitrust exemption to block court actions ways appreciate what my colleagues ers? Shouldn’t we be for having new regarding anti-competitive behavior. For exam- state on the House floor, and I appre- companies enter the market? This bill ple, in Ocean State Physicians Health Plan, ciate their good comments during de- will prohibit that. Inc. v. Blue Cross & Blue Shield of Rhode Is- bate. To the extent that they want to Small insurance companies rely on land, the First Circuit Court—citing the increase competition among insurance the data collected from their larger McCarran-Ferguson antitrust exemption— companies and want to reduce insur- competitors, and share it industrywide overturned a jury verdict against the dominant ance premiums, I completely agree in order to accurately set their rates. health insurer for using its monopoly power to with them, but we should not think However, this would be forbidden under put financial pressure on area employers to that any of those comments or any of the bill. If small insurers can’t get the refuse to do business with a competing HMO. those desires or any of those goals have data, further consolidation is likely. Removing this antitrust exemption is sup- anything to do with the bill that we Small insurance will either merge to ported by key law enforcement groups, includ- are considering here today. gain a competitive edge or get swal- ing the National Association of Attorneys Gen- Once again, in case some of my col- lowed up by the big insurance giants. eral. In 2007, the National Association of At- leagues missed it, let me read what the Again, the majority is putting together torneys General—representing both Demo- Congressional Budget Office said about an insurance company consolidation cratic and Republican State Attorneys Gen- this legislation. They said, ‘‘Whether bill—less competition rather than eral—overwhelmingly adopted a resolution premiums would increase or decrease more. Worse, a repeal could result in calling for repealing this exemption. As the as a result (of this legislation) is dif- the small insurers’ going out of busi- resolution pointed out, ‘‘the National Associa- ficult to determine, but in either case, ness altogether. Meanwhile, for the big tion of Attorneys General consistently has op- the magnitude of the effects is likely insurance companies, the big, bad in- posed legislation that weakens antitrust stand- to be quite small.’’ So this bill has no surance companies with the means to ards for specific industries because there is no point. collect and analyze this data in-house, evidence that such exemptions promote com- Madam Speaker, I yield 3 minutes to it would simply be business as usual. petition or serve the public interest.’’ the gentleman from Wisconsin, the The SPEAKER pro tempore. The In addition, in a recent letter to Congress, former chairman of the Judiciary Com- time of the gentleman has expired. nine State Attorneys General pointed out, mittee, Mr. SENSENBRENNER. Mr. SMITH of Texas. I yield the gen- ‘‘Since 1977, and most recently in 2007, anti- Mr. SENSENBRENNER. Madam tleman an additional 2 minutes. trust experts and enforcers have concluded Speaker, listening to the arguments Mr. SENSENBRENNER. This legisla- that repealing the McCarran-Ferguson exemp- that have been advanced by the pro- tion attempts to solve a problem that tion would result in enhancing competition ponents of the bill, all I can say is what doesn’t exist. while allowing standard industry practices nec- you hear is not what you are going to First, there is no evidence that the essary for the proper functioning of these mar- get if this bill is enacted into law. exemption has increased health insur- kets, such as sharing loss and other insured There is a reason this antitrust ex- ance prices or profits or that it has risk information.’’ emption has survived now for 65 years, contributed to higher market con- Removing this antitrust exemption is also which is that it actually has encour- centration. Second, the effort to repeal supported by leading consumer groups. Nu- aged competition because it allows McCarran-Ferguson is based on the be- merous consumer groups—including the Con- smaller insurers to use the actuarial lief that it allows individual insurers sumers Union, Consumer Federation of Amer- data that larger insurers are able to to collude on prices and policy cov- ica, U.S. PIRG, Center for Justice and Democ- amass. If the smaller insurers can’t get erage. racy, and Public Citizen—strongly support re- this actuarial data, which is what will State laws prohibit insurers from moving this antitrust exemption. In a joint letter happen if this bill is enacted into law, bid-rigging, price-fixing and market al- to Congress, consumer groups pointed out then they will either be gobbled up by location to restrain competition. State that, under this legislation, health insurance the larger insurers, which get the data insurance regulators actively enforce companies ‘‘would be required to play by the in-house, or they will go out of busi- the prohibition in these areas, and this same rules of competition as virtually all other ness. As a result, there will be less legislation would only add another commercial enterprises operating in America’s competition rather than more. So what layer of Federal regulation and litiga- economy.’’ you hear today about competition is tion to an industry that operates under In closing, I want to also take this time to re- not what you are going to get if this a robust and well-established State iterate my support for a public health care plan exemption is repealed. regulatory regime. that covers every one of the 47 million people Now, repealing the limited exemp- There are ways, however, to promote who live in our great nation without health in- tion that health insurance carriers competition in the health insurance surance. Madam Speaker, my state of Texas have under the McCarran-Ferguson Act market. One change Congress should

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1774 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 consider is permitting individuals and can’t live under the antitrust laws. doing by not allowing that in the bill businesses to buy their health insur- Every other industry does. It’s high before us. ance policies from any willing provider time that they do too. Consumers will In fact, I should point out to my in any State. Under current law, an in- benefit, the economy will benefit, and friends on the other side, section 262 of surance firm registered in one State health insurance insurers who want to your health care bill, your health care may not cover individuals in another compete honestly will too. bill, adopted on this floor, allowed for without registering in the second State Let’s give struggling American fami- the sharing of such information. It con- and being subject to all its taxes and lies an honest health insurance market tained the language of my amendment. laws. This raises the cost of doing busi- by enacting this important bill. Unfortunately, for whatever reason, it ness across State lines, and it prevents Mr. SMITH of Texas. Madam Speak- has been held out of the bill before us. many smaller or mid-sized companies er, I yield 5 minutes to the gentleman Unless anyone thinks I have risen to from entering the markets to compete. from California (Mr. DANIEL E. LUN- speak because of sour grapes because Simply put, this is not the type of re- GREN), a senior member of the Judici- my amendment with my name on it form that is needed, and it is not the ary Committee. was not included in this bill, let me type of reform that Americans were Mr. DANIEL E. LUNGREN of Cali- clarify the case. I can give you assur- promised. fornia. I thank the ranking member for ance that is not the case for the simple reason that I cannot take personal b 1300 the time. Let me say at the outset, I do not be- credit for the guts or the contents of I challenge my colleagues on the lieve that health insurance companies this amendment. other side of the aisle, Madam Speaker, should be exempt from our Nation’s The truth of the matter is that the to come up with commonsense reforms, antitrust laws. As one of those who be- hard work done to repeal the one that will do in fact what appears in lieves and hopes that those applauding McCarran-Ferguson Act began with the speech. This bill fails on both counts. would join me in supporting the idea of efforts of then Chairman Jack Brooks, Mr. CONYERS. Madam Speaker, the buying health insurance across State Democratic chairman, in the 101st, former chairman emeritus has raised a lines, when we reach that accomplish- 102d, and 103d Congresses. Ironically, at number of points that amount to ment, I think it is appropriate for us the beginning of our committee mark- verbal jujitsu that I will be addressing not to have a Federal antitrust exemp- up, our chairman described the repeal very shortly, but for now I yield 3 min- of McCarran-Ferguson ‘‘as a tribute to utes to the distinguished chairman of tion. When health care has been primarily Jack Brooks.’’ So if we really wish to the Judiciary Subcommittee on Courts and in a very real sense exclusively the pay tribute to Jack Brooks, and I be- and Antitrusts, a former magistrate in province of the States, under their ju- lieve we should, perhaps a good place the courts of Georgia himself, Sub- risdiction, the attorney generals of the to start would have been to allow an committee Chair HANK JOHNSON. States have retained the ability to en- amendment to include Chairman Mr. JOHNSON of Georgia. I thank Brooks’s language in any legislation the chairman for yielding. force the antitrust laws of those States. So we’re entering a new era, I before us. I’m hopeful that the motion Madam Speaker, last week I was to recommit might contain that lan- shocked to learn that in the middle of would hope, where we would be able to, if, in fact, this one Republican idea guage, and I would hope that people the great recession, which was caused would set aside partisan differences by the deregulation, hands-off policies finds its way into legislative enactment, find an opportunity to extend and support it. of the prior administration, and during So aside from the issue of the deni- the universe of decisions that might be this time when families across my dis- gration of the committee process—and accessed by individuals or their em- trict and across the Nation are strug- I think that’s an important thing we gling with rising unemployment and ployers by way of insurance policies ought to take into consideration. The while health insurance companies have that may be available in other States. subcommittee, committee, you act on My intention is to vote in favor of recently announced that last year was this bill. You debate it. You consider this bill. However, my concern is that their best year on record as far as prof- amendments. You vote out the amend- its are concerned, $12 billion last year the bill before us is not nearly as good ment on a unanimous bipartisan vote. in profits for the insurance industry, as it should be because normal bipar- Then you have bipartisan support for and while that’s the case, they are an- tisan committee process has been cir- the bill as it comes out of committee. nouncing plans to raise insurance pre- cumvented. And then what happens? It’s changed miums by 40 percent in some markets. As has been noted by some in advanc- before it comes to the floor. And we During this time of hurt and pain and ing this bill, I did vote in favor of the had one of the members of the Rules also making money by the insurance Health Insurance Industry Antitrust Committee say she wasn’t going to en- industry off these people who are hurt- Enforcement Act of 2009 when it gage me in debate because, she said, I ing and in pain, we are considering marked up in the Judiciary Com- don’t have the expertise on this issue. today removing the antitrust exemp- mittee. At that time, I offered an So I presume that means if you have tion that insurance companies have en- amendment to the bill to allow the expertise, and that’s what committees joyed for over 60 years. And it’s time sharing of historical data and the per- are supposed to have, you ignore that for this protection and immunity from formance of actuarial services by in- so you can come to the floor and not antitrust law and this anticompetitive surance companies. Not future allow debate utilizing that expertise behavior, it’s time for it to come to an trending data but rather looking-back- because you prohibit that amendment end. ward historical data. At that time, it from being considered on the floor. This insurance industry which deliv- was adopted unanimously by the com- H.R. 4626 will have precisely the op- ers health care to the people has been mittee, therefore, on a bipartisan basis. posite effect of its stated intention if, broken for a long time. We all know it, Our distinguished chairman of the in fact, the notion of sharing historical and it’s time to change it. And this is committee supported my amendment, data is not considered appropriate and a good place to change it. It will help which he described at the time as ‘‘a legal. The economics of the insurance with competition if we pass this law helpful clarification.’’ industry are such that companies de- today. That will happen only if we If there’s one thing that we ought to pend on information. Why? In order to start applying anticompetitive, anti- understand when we have this down- enable them to price their products. trust legislation to the insurance in- turn in the economy, if you want to They have to base it on something. dustry. There’s simply no reason why make sure things don’t happen in the The SPEAKER pro tempore. The they should continue to benefit from private economy, insert uncertainty. If time of the gentleman has expired. it. you want to make sure that things cost Mr. SMITH of Texas. Madam Speak- Don’t listen as the health insurance more than they otherwise would, insert er, I yield the gentleman 2 additional industry tries to tell you that they uncertainty. And that’s what we are minutes.

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But also, quite honestly, after It is better if they have actual data So it’s in that spirit that I appreciate hearing the comment from the gen- upon which to make their decisions. the comments of the gentleman from tleman from California, I also was And here’s the rub: As was mentioned California, and I hope that we can con- about to say I rise with concerns as to by the gentleman from Wisconsin, it is tinue to work together as much as we the process as well. the small companies which depend on can, and perhaps the final vote here I appreciate the ranking member’s the availability of information the will be more bipartisan than many comment as far as potentially moving most. Smaller companies simply do not thought that it would. forward on this. I too have been there have a sufficiently large volume of in- Madam Speaker, I now would like to in the past, where we do things in com- formation to price their products effi- yield 2 minutes to a senior member of mittee, in the relevant committees I ciently. So it’s for this reason that it is the Congress from Iowa (Mr. BOSWELL). serve on, serve on Financial Services of the utmost importance that insurers Mr. BOSWELL. I thank the chairman Committee and have agreements with have the ability to share historical for this opportunity. I appreciate it. the other side of the aisle and with the data. Madam Speaker, I rise today in sup- chairman specifically of Financial Now, am I just saying this? No. In port of the Health Insurance Industry Services, with Chairman FRANK, and this record, a Congressional Research Fair Competition Act. then things go to the Rules Committee, Service report raises the possibility An original cosponsor of this legisla- and I don’t know whether it was a bi- that were such data not available to tion, I believe that our health insur- partisan obstacle in this case, but be it small insurance companies, we might ance companies need to be held to the as it may, problems happen with Rules see the ironic outcome of further con- competitive standard our free market Committee. And I can tell you with my centration in the insurance industry. demands. working with Chairman FRANK, he was Again, not my conclusion; the conclu- For too long, these companies have able to actually get things done then sion of the Congressional Research re- told our constituents what they will on the floor as far as the substantive port done most recently. insure and what they will be paid. Just amendments done here to get it done. So, yesterday I did approach the recently, 80,000 Iowans were told that So I hope that we see similar action Rules Committee to ask my amend- their insurance rates would jump by an with regard to this as well that we ment, the Brooks amendment, as I call average of 18 percent, with many facing have seen in other committees. it, be restored to the health insurance increases of as much as 25 percent. But I do rise in opposition or concern antitrust bill. And even though it was These same individuals have seen their about this bill with regard to the re- approved unanimously by my col- rates increase by 101⁄2 percent each year peal of the McCarran-Ferguson aspect. leagues on the Judiciary Committee, since 2005. And I do so for three points. One has my request was inexplicably rejected I insist that light be shed on the pric- been touched upon, but I want to go by the Rules Committee. ing of health care costs and that con- into a little bit more detail with regard This is not the way, I would say, sumers have access to how their pre- to the CBO. CBO, Congressional Budget Madam Speaker, that this body should miums and copays are determined. I Office, nonpartisan entity, has noted do business. Let’s respect the integrity would particularly like this informa- the States already have the laws on the of the institution and the work that tion for my constituents whose pre- books to prevent what we are really has been done in the duly established mium increase is twice what it was in trying to deal with here, price fixing committee process. 2009. and bid rigging, et cetera. I would hope that when this part of Iowans in the Third District are Furthermore, State insurance com- the recommittal motion is discussed, struggling to make ends meet. They missioners already typically review the we’ll discuss it in light of the history deserve to know how a company can rates charged by insurance companies. of this bill—the language taken from spend as much as perhaps $200 million So what does this basically mean in a the Jack Brooks bill; the language on a new headquarters and turn around nutshell? Basically, States are working taken from the majority’s health care and double their premium increases in this direction already, and that the bill passed just this year. from 2009 to 2010 and then claim these passage of this legislation will have a Mr. CONYERS. Madam Speaker, I two things have nothing to do with one minimal positive impact. yield myself 2 minutes. another. Just a side note. When we talk about I want to respond to the senior mem- State insurance regulation in general, ber of the Judiciary Committee, a b 1315 you have to remember when we are former attorney general of California Our support for this legislation will talking about the financial situation and a friend of all of us on the com- make it illegal for companies to price that we are in right now, it was not the mittee, an effective member, and all I fix, practice bid rigging, and market fault of the State regulators of the fi- want him to know is that we approved allocation simply to drive up costs on nancial marketplaces that brought us his provision in the Judiciary Com- American consumers. to where we are, it is the fault largely mittee because we thought it was a Mr. SMITH of Texas. Madam Speak- to errors and omissions in the Federal good provision. It was unanimous. I er, first of all, I just want to say that regulators. So if we are trying to cast don’t recall that anyone voted against I appreciated what the chairman of the blame or aspersion on any regulators it or spoke against it. The problem, Judiciary Committee just said a out there, it should not be on the State though, is that when we got to the minute ago to Mr. LUNGREN. I under- regulators, because in essence they Rules Committee, our leadership on stood him to make very positive com- have done their jobs, and we should not both sides of the aisle, I hope, had ments about the so-called Brooks-Lun- be throwing other impediments to that come up with another bill and that bill gren amendment. And I hope that that getting done. omitted it. We were not able to get augurs well for the majority’s accept- Second point, someone already men- that put back in. ing our motion to recommit at the end tioned about a report out of the CBO. We think that their reasoning is not of this debate. At least I would expect Let me go into a little bit more spe- altogether strange or out of order or that. cifics about what the CBO said with re- violating any procedure, but here’s At this point, Madam Speaker, I will gard to costs. CBO said, and I quote, what it was. This is what they told me: yield 3 minutes to the gentleman from ‘‘To the extent that insurers would be- They said, if there are no antitrust ex- New Jersey (Mr. GARRETT), a member come subject to additional litigation, emptions in this measure, then you of the Budget Committee and the Fi- their costs and thus their premiums don’t need to specifically retain a part nancial Services Committee. might increase.’’ Let me repeat that. of the antitrust exemption relating to Mr. GARRETT of New Jersey. Their premiums might increase. So to the safe harbors provision, because if it Madam Speaker, I rise in opposition to all the points of the other side of the

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So also. the opposite, premiums might go up. if you like the status quo, if you like We have expert testimony from the So the conclusion there is here is a the fact that some of the largest insur- director of the Center for Health Law case where increased litigation costs ance companies in America saw their Studies, St. Louis University, saying would actually drive up the cost of in- profits go up by 56 percent last year, if that is not the case, it will not dis- surance, and not bring it down. you like the fact that in many States advantage small companies. We have Third and final point, touched upon a we are seeing huge, double-digit in- Mr. David Balto, an antitrust expert, little bit, and let me go in more detail. creases, over 50 percent in Michigan, 40 saying it will not disadvantage the This legislation could have the effect percent in California, 20 percent in my small companies. But the Republicans of shutting out new entrants, not folks State, if you think the system’s work- are purporting that it would. already there, but shutting out new en- ing today, then you should support Mr. Finally, on the CBO report that it trants into the marketplace. LUNGREN’s idea, preserve the status won’t lower premiums, that was based The SPEAKER pro tempore. The quo. That is what they are saying. on the Lungren language. Without the time of the gentleman has expired. Keep the loopholes. Allow them to con- Lungren language, it will save money, Mr. SMITH of Texas. Madam Speak- tinue to collude and price fix. $10 billion for consumers. er, I yield the gentleman 2 additional Now, there are a few other people Mr. SMITH of Texas. Madam Speak- minutes. who disagree with them. In fact, we er, I yield 2 minutes to the gentleman Mr. GARRETT of New Jersey. Thank had a bipartisan commission created from California (Mr. DANIEL E. LUN- you. GREN). This legislation would have the effect by the Republican Congress when they of shutting out new entrants into the controlled the House and the Senate PARLIAMENTARY INQUIRY marketplace. The other side of the and signed into law by President Mr. DANIEL E. LUNGREN of Cali- aisle has already talked about the fact George Bush. The members were ap- fornia. Madam Speaker, I would like to that they want to have greater com- pointed by George Bush, the Repub- make an inquiry of the Chair. petition in this area of health insur- lican heads of the House and the Sen- The SPEAKER pro tempore. The gen- ance, and I am assuming insurance ate. And their conclusions considered tleman will state his inquiry. across the board. But what this will do, Mr. LUNGREN’s arguments and they re- Mr. DANIEL E. LUNGREN of Cali- as the gentleman and others have al- jected them. fornia. Is it not correct that Members ready said on the floor, is basically say A bipartisan, professional commis- are supposed to address the Chair? to the new entrants, to the small com- sion created by the Republicans and The SPEAKER pro tempore. The gen- panies who want to get into this mar- George Bush said, after saying, yes, tleman is correct. ketplace, to be able to compete against there are these arguments being made, Mr. DANIEL E. LUNGREN of Cali- the large entrenched companies that but they say, ‘‘Like all potentially ben- fornia. Thank you. Since the gentleman refused to yield are already there, you are pushed out, eficial competitor collaboration gen- when I asked him to, despite the fact you are locked out. So is that what we erally, however, such data sharing want to do with this legislation? That would be assessed by antitrust enforc- he was using my name and attributing will be the impact. ers and the courts under a rule of rea- motivations to me that are question- Let me conclude then. In a letter to son analysis that would fully consider able under the rules of the House, I Speaker PELOSI, the National Associa- the potential procompetitive effects of might say this. The gentleman is abso- tion of State Insurance Commissioners such conduct and condemn it only if, lutely incorrect in his analysis. The re- says the following: ‘‘The business of in- on balance, it was anticompetitive.’’ port said that it would harm the small surance, while exempted from Federal They don’t want the Justice Depart- insurance companies if they were not antitrust law, is still subject to State ment to have that capability. They able to get this historical data, number antitrust enforcement actions.’’ That don’t want any additional levels of re- one. is important. ‘‘In fact, even if the view. Number two, the gentleman conflates McCarran-Ferguson antitrust exemp- Mr. DANIEL E. LUNGREN of Cali- two completely different things: one is tions were repealed, the State action fornia. Will the gentleman yield? historical data and the other is doctrine exempting them would con- Mr. DEFAZIO. There are many States trending data. And they are two dif- tinue to apply. The most likely result that are totally incapable of dealing ferent things. My amendment does of this repeal would therefore not be with these issues, particularly with nothing about allowing insurance com- increased competition, but a series of multistate, multinational companies panies to work together and compare lawsuits testing the limits of the State that operate outside their borders, set trending data, which is data going for- action doctrine, with associated litiga- rates outside their borders, and then ward, despite the fact that some in the tion costs being passed along to the import those rates into the State say- insurance industry wish that is the consumers in the form of higher pre- ing, well, that was our experience. We case. The dirty little secret is that miums.’’ operate in 27 States after all, and you some in the insurance industry don’t The conclusion, Madam Speaker, is are part of our system. want to have my amendment, they more litigation, more harmful consoli- So if you like the status quo, if you want it to be silent so that in addition dation, and more increase to the cost like the double-digit rate increases, if to historical data, they can also have to the consumer, all things that we you like the limits on market competi- trending data. But the gentleman should be working to oppose. And that tion, if you like the concentration that hasn’t looked at the data in that way, is why I do not support the underlying has been going on in the industry, then hasn’t examined or, I presume the gen- legislation. you would support the status quo, tleman would not have examined the Mr. CONYERS. Madam Speaker, no which is essentially what Mr. LUNGREN reports to know the difference that was one has worked harder on this measure has offered. And I don’t. And I don’t in that and my specific decision not to that is not a member of the Judiciary think the American people do either. I include trending data in my amend- Committee than PETER DEFAZIO of Or- think we have tremendous consensus ment. egon. And I yield to him 3 minutes. around the country that it is time for Secondly, I find it interesting that Mr. DEFAZIO. I thank the distin- this abusive industry to play by the the gentleman suggests that I am try- guished chairman for bringing this same rules as every other. And the ing to do something other than what I issue before us. small companies will still be able to say that I am doing. This is an inter- We have heard on the Republican side obtain the data as long as they don’t esting argument made on this floor, this is just about the little guys. They use it in a collusive manner. But it is that if you disagree with someone you

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suggest that what they say can’t pos- Mr. DEFAZIO. Madam Speaker, you to interfere with competitive pricing. sibly be true. The fact of the matter is know, the law has evolved over time, That second part deals with trending I have quoted outside reports to sup- and the law has evolved significantly data. I do not allow that under my port my position, number one. The fact since the era of Jack Brooks in terms amendment. of the matter is I have used the lan- of decisions regarding antitrust, anti- And as I presented my effort to have guage from the Jack Brooks legisla- trust immunity. my amendment considered in the Rules tion, I have used language from the And as the current Assistant Attor- Committee, I was told by the rep- gentleman’s party’s health care bill, ney General of the Antitrust Division resentative of the American Bar Asso- and I have used the language that was says, it says, moreover, the application ciation, they did support my position, adopted on a bipartisan basis in Judici- of antitrust law’s potentially to pro- they supported my amendment, and ary Committee unanimously. competitive collective activity has be- they supported the arguments that I The SPEAKER pro tempore. The come far more sophisticated in the 62 made before the committee. time of the gentleman has expired. years since the industry was exempted Now, maybe they’re wrong because Mr. SMITH of Texas. Madam Speak- from the law. And some forms of joint they have some expertise in this area, er, I yield the gentleman an additional activity that might have been prohib- but perhaps this is one time we might 2 minutes. ited under earlier, more restrictive look to them. The ABA has not been Mr. DANIEL E. LUNGREN of Cali- doctrines are now clearly permissible, known as a Republican, conservative, fornia. Perhaps the gentleman is sug- or at least, very least, analyzed under pro-insurance company operation. Last gesting that all the Members on his time I looked, they have a major ele- side of the aisle who supported this a rule of reason that takes appropriate ment of the bar association that’s in- amendment share in his description of account of the circumstances. So what we’re saying is, let’s, you volved with antitrust law. the motivation of those of us who have Mr. CONYERS. Madam Speaker, I am presented it. I thought maybe we were know—you’re saying, oh, the States pleased to recognize a senior member above that. I thought maybe we were can take care of it. Let’s say, the State engaged in civil discourse here. But of Montana can oversee an industry, a of the House Judiciary Committee rather, if the gentleman or any gen- multistate, multinational, you know, from Los Angeles, Ms. MAXINE WATERS, tleman wishes to talk about the moti- conglomerate, and they can get into for 3 minutes. vations of others, I will tell you any their books and they can examine and Ms. WATERS. Madam Speaker, the idea about bipartisanship is lost in this see that the rates that were imported consumers of this country are finally House. The suggestion that all you from outside the State were set fairly. getting the attention they deserve. For have to do is shout louder than some- No. We need the help of the Federal far too long, consumers have been body else and accuse them of motiva- Antitrust Division. They should not ripped off by collusion and concentra- tions other than what they articulated have their hands tied only in respect to tion of the health insurance industry. is just absolute nonsense. the industry of insurance. Every other For far too long, public policymakers The fact of the matter is, properly industry in America has learned to live have turned a blind eye to the special done, the sharing of historical data is with truly free markets with antitrust antitrust exemption that health insur- not anticompetitive. The fact of the law. This industry can do the same, ers have enjoyed, to the detriment of matter is the underlying bill, with my and it will benefit consumers. This is a the American people. amendment, would still allow actions false argument that somehow they We must pass this legislation, the taken by the Justice Department and need this special privilege, this special Health Insurance Industry Fair Com- the various States Attorney General if exemption, and that somehow this will petition Act. This bill finally, after 65 there was bid rigging, if there was price hurt only little companies, not the big years, amends the McCarran-Ferguson setting, if there was determination be- guys. Act. Health insurers will be inves- fore the hand of which markets you We’ve seen tremendous consolidation tigated and held accountable for price would act in and which markets you already under the existing total exemp- fixes, dividing up territories among would not act in. tion. And if we continue a partial ex- themselves, sabotaging their competi- And so this is a lot of sound and fury emption, we’ll only see more. tors in order to gain monopoly power, signifying nothing, essentially. I have Mr. SMITH of Texas. Madam Speak- and all anticompetitive practices. The never seen such an attack on an er, I yield 2 minutes to the gentleman Justice Department will have a man- amendment that was adopted on a bi- from California (Mr. DANIEL E. LUN- date to prosecute this criminal activ- partisan basis in the committee. Now, I GREN). ity. realize it is only the committee of ju- Mr. DANIEL E. LUNGREN of Cali- And finally, the health insurance in- risdiction that has expertise in this fornia. Madam Speaker, once again I dustry will have to compete. No more area. I understand that those of us who know I run the risk of trying to intro- legally protected collusion. Let the have done antitrust law ought not to duce some expertise into this debate. marketplace work. No more protection be listened to because those who have For that, I apologize. But the Amer- for health insurance companies from said on this floor that they have no ex- ican Bar Association appeared before the very people who have been elected pertise in this and they don’t under- the subcommittee of Judiciary dealing to protect the best interests of the peo- stand it, therefore, they don’t want to with the underlying bill, or the bill ple. That’s us. debate it, should have the upper hand that was presented before our com- The health insurance industry has in the Rules Committee. mittee, and in there, they voice sup- gouged us long enough. They have in- But frankly, I will say once again at port, as they have for decades, for re- creased premiums, higher copayments, some point in time you have to accept moval of the McCarran-Ferguson anti- higher deductibles. The health insur- yes for an answer. I support the bill. I trust exemption for the health care in- ance industry, to add insult to injury, am trying to help the bill. I am trying have thumbed their noses at both the to get it back to where it was when surance industry. However, they said, as point number consumers and legislators and left too Jack Brooks introduced it. And in re- one of the five major points they made, many families at risk. In the middle of sponse to that, rather than saying hurray for bipartisanship, I hear from insurers should be authorized to co- our debate about health insurance re- other people, well, we got to question operate in the collection and dissemi- form, health insurers are raising the your motivations. Hardly a high point nation of past loss-experience data so premiums. They’re denying lifesaving in this Chamber. long as these activities do not unrea- procedures. They’re dropping too many sonably restrain competition, but in- of the insured who have been paying b 1330 surers should not be authorized to co- premiums for years if they deem the Mr. CONYERS. Madam Speaker, I am operate in the construction of advisory cost of their health care too costly. inclined to yield to the gentleman from rates or the projection of loss experi- The CEOs of some of the biggest insur- Oregon (Mr. DEFAZIO) 11⁄2 minutes. ence in the future in such a manner as ance companies are paying themselves

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1778 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 unreasonably high salaries. Most of down, particularly practices that have the beginning, back last summer. But them are earning $10 million or more high liability exposure. This problem I’m one person. To call them out, to per year. has been particularly acute in several call out the other side, and to call out Ladies and gentlemen, it is time to fields as well as in the rural areas of the other end of the building. put an end to the practices of the our country. I mean, we’ve passed 290 pieces of leg- health insurance companies. That time The absence of doctors in vital prac- islation that they haven’t even looked is now. Let us stand up for the con- tice areas is, at best, an inconvenience; at yet. And this is critical. This is to sumers. Let us do what the consumers at worst, it can have deadly con- end the anticompetitive, antitrust ex- elected us to do—come here and give sequences. Hundreds or even thousands emption. Now we have a new adminis- some protection from these kinds of of patients may die annually due to a tration. Talk is cheap about how we’re practices. Sixty-five years is too much, lack of doctors. going to bolster antitrust laws. I too long. The time is now. Let’s get the According to the Massachusetts haven’t seen anything yet so far, but job done. Let’s pass this legislation. study, 38 percent of physicians have re- I’m hopeful. Mr. SMITH of Texas. Madam Speak- duced the number of higher risk proce- In all the industries in America, er, I yield myself such time as I may dures they provide, and 28 percent have there are only two that have antitrust consume. reduced the number of higher risk pa- exemptions—baseball, America’s pas- Madam Speaker, the bipartisan and tients they serve out of fear of liabil- time; and the health insurance indus- very credible Congressional Budget Of- ity. The American College of Obstetri- try, America’s nightmare—and I think fice has said that this bill will have lit- cians and Gynecologists have con- it’s long past time we get rid of their tle or no effect on insurance premiums. cluded that the ‘‘current medico-legal exemption. It further says that if there is any ef- environment continues to deprive Now, I’ve heard so many terms since fect, it will be ‘‘quite small.’’ women of all ages, especially pregnant the parties last summer, through the So I do appreciate all the comments women, of their most educated and ex- fall, through the winter, about that Members are making today, and I perienced women’s health care pro- uncompetitiveness. We want open mar- agree with a lot of them. But we should viders.’’ kets. not think that any of them pertain to Excessive litigation damages the doc- Now we look at the system, and it’s this bill, or that this bill is going to tor-patient relationship and impairs price fixing and collusion over and over have any kind of a major impact on care. Beyond the dollars and cents, and over again. Ninety-four percent of premiums. when doctors begin to see their clients the health insurance markets are con- However, I would like to discuss one as potential litigants, the quality of centrated. subject that will have a major impact care patients receive is seriously com- Here’s what that means, Mr. Chair- on insurance premiums, and that is promised. In a recent survey, 76 per- man. In every State of the Union, health care tort reform. cent of doctors said that their concern maybe, through the Chair, there’s The American medical liability sys- about being sued has hurt their ability three or four companies that are sell- tem, quite frankly, is broken. Accord- to provide quality patient care. Nearly ing insurance, that are writing insuring to one study, 40 percent of claims half of nurses say they are prohibited ance. This is why we are where we are are meritless; either no injury or no or discouraged from providing needed today. No other reason. Because there error occurred. Attorneys’ fees and ad- care by rules set up to avoid lawsuits. is a lack of insurance. We have been ac- ministrative costs amount to 54 per- The States have proven that legal re- cused of socialism. That is the biggest cent of the compensation paid to plain- form works. While some in Washington joke. tiffs. The study found that completely talk about the need to study the prob- The SPEAKER pro tempore. The meritless claims account for nearly a lem, States have actually acted to ad- time of the gentleman has expired. quarter of total administrative costs. dress it. Several States have limited Mr. CONYERS. I yield the gentleman The American civil litigation system noneconomic damages such as those for another 30 seconds. is the most expensive in the world, pain and suffering and dramatically Mr. PASCRELL. We’re talking about more than twice as expensive as nearly lessened the burden of lawsuits. In the biggest profits ever, just like Wall any other country. States with such limits, premiums are Street declared the biggest profit year Defensive medicine is widely prac- 17 percent lower than they are in they’ve ever had in 2009. That’s inter- ticed and it is very costly. Sky- States without them. esting. rocketing medical liability insurance Madam Speaker, I’ll reserve the bal- We talk about we want to save the rates have distorted the practice of ance of my time. smaller insurance companies. We’ve medicine. Costly but unnecessary tests Mr. CONYERS. Madam Speaker, no saved nobody. In the last 60 years, all have become routine as doctors try to one comes before the Judiciary Com- that we’ve done is concentrate power, protect themselves from lawsuits. mittee that I can think of offhand and the result of it is higher cost to the According to a 2008 survey conducted more frequently than BILL PASCRELL of average citizen that lives in my dis- by the Massachusetts Medical Society, New Jersey. He’s worked with us on a trict and every district here on the 83 percent of Massachusetts physicians number of other issues besides this one, floor. reported that they practiced defensive and we welcome his counsel. We yield I thank you, Mr. Chairman. Be per- medicine. Another study in Pennsyl- him 2 minutes. sistent. Call the other folks out at the vania put that figure at an astounding Mr. PASCRELL. Thank you, Mr. other end of the building and we’ll see 93 percent. Chairman, and thank you for your who really cares about the policy- While estimates vary, the Pacific Re- leadership and persistence on this crit- holders in this country. search Institute has put the cost of de- ical matter. fensive medicine at $124 billion. Others ‘‘Mischaracterization,’’ I think, is have arrived at even higher figures. A the word of the day. When you look b 1345 new study by the Pacific Research In- back at the beginning of the discus- Mr. SMITH of Texas. Madam Speak- stitute estimates that defensive medi- sions of health care, there’s been more er, may I ask how much time remains cine costs $191 billion a year, while a mischaracterizations of what was in on each side? separate study by Pricewater- the bill. The SPEAKER pro tempore. The gen- houseCoopers puts the number even But this bill that is before us, H.R. tleman from Texas has 27 minutes, and higher, $239 billion every year. 4626, is only two pages—not 2,000, not 2 the gentleman from Michigan has 331⁄2 Lawsuit abuse drives doctors out of million—two pages, very clear and to minutes. practice. There is a well-documented the point. So what this bill seems to Mr. SMITH of Texas. Madam Speak- record of doctors leaving the practice do—if I had my way, I would have er, I yield myself such time as I may of medicine and hospitals shutting brought this bill up when we discussed consume.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1779 Madam Speaker, on October 9, the put in, the more enemies you make, of tort reform, and USA Today wrote, Congressional Budget Office pro- right? And the reason why tort reform A study last month by the Massachu- nounced that a tort reform or civil jus- is not in the bill is because the people setts Medical Society found that 83 tice reform package would reduce the who wrote it did not want to take on percent of its doctors practice defen- Federal budget deficit by an estimated the trial lawyers in addition to every- sive medicine at a cost of at least $1.4 $54 billion over 10 years. body else they were taking on, and billion a year. Nationally, the cost is CBO recognizes that civil justice re- that is the plain and simple truth.’’ $60 billion-plus every year, according forms also have an impact on the prac- Medical malpractice premiums have to the Health and Human Services De- tice of defensive medicine. Defensive risen more than 80 percent each year in partment—and that’s the HHS of this medicine is when doctors order more some parts of the country and can cost administration. And a 2005 study in tests or procedures than are necessary almost half a million dollars a year in The Journal of the American Medical just to protect themselves from frivo- some specialties. Association found that 93 percent of lous lawsuits. Studies show that defen- Regarding the offer of HHS dem- Pennsylvania doctors practice defensive medicine does not advance pa- onstration projects—and this is what sive medicine. tients’ care or enhance a physician’s the administration has proposed—that The liability system is too often a capabilities, that billions of dollars in offer rings hollow given that the Cabi- lottery; excessive compensation is savings from tort reform could be used net Secretary tasked with imple- awarded to some patients and little or to provide health insurance for the un- menting this proposal for demonstra- none to others. As much as 60 percent insured without raising taxes on those tion projects is Kathleen Sebelius. Be- of awards are spent on attorneys, ex- who already have insurance policies. fore she was Governor of Kansas and pert witnesses, and administrative ex- As the administration rushes to the Insurance Commissioner of Kansas, penses. The current system is arbi- enact a massive government takeover she spent 8 years as the head of the trary, inefficient, and results in years of health care, Congress must remem- Kansas Trial Lawyers Association, now of delay. ber that there is the option of saving the Kansas Association for Justice. Madam Speaker, discussing the need between $54 billion and more than $200 And she is also the State executive for tort reform, the president of the billion by embracing tort reform, but it who, according to The New York American Medical Association said, If will take the leadership to stand up to Times, ‘‘failed to make significant im- the health care bill doesn’t have med- personal injury lawyers instead of tax- provement in health coverage or costs ical liability reform in it, then we ing Americans and cutting Medicare during her two terms as Governor.’’ don’t see how it is going to be success- The top contributor to President benefits. ful in controlling costs. According to CBO, under the Obama’s Presidential campaign was Madam Speaker, I reserve the bal- the legal industry, whose donations HEALTH Act, which includes tort re- ance of my time. form, premiums for medical mal- came to more than $43 million. More Mr. CONYERS. Madam Speaker, I am than 80 percent of the money given to practice insurance ultimately would be pleased now to recognize DAVID SCOTT, Congress by lawyers, mostly from the an average of 25 percent to 30 percent the gentleman from Georgia, who has plaintiff’s bar, went to the Demo- below what they would be under cur- been waiting patiently to get time here crats—almost $22 million. on this. I yield him 2 minutes at the rent law. More recently, when President Also, the Government Accountability Obama spoke to the American Medical point. Office, GAO, found that rising litiga- Mr. SCOTT of Georgia. Thank you, Association in June of this year, he Mr. Chairman. Let me commend you tion awards are responsible for sky- told the audience, ‘‘I’m not advocating for the excellent leadership that you rocketing medical professional liabil- caps on malpractice awards.’’ ity premiums. The report stated that But the American people are demand- have provided on this issue. GAO found that losses on medical mal- ing legal reform. A recent survey found In this debate today, the one point practice claims—which make up the that 83 percent of Americans believe that has been missing is this: What largest part of insurers’ costs—appear that reforming the legal system needs about the American people? That’s to be the primary driver of rate in- to be part of any health care reform what this debate should be about. creases in the long run. plan. As the Associated Press recently As we speak, 14,000 American citizens The GAO also concluded that insurer reported, most Americans want Con- and families are losing their health profits are not increasing, indicating gress to deal with malpractice lawsuits care insurance every single day. And that insurers are not charging and driving up the costs of medical care. the number one reason they’re losing it profiting from excessively high pre- Yet, Democrats are reluctant to press is because of the high costs of health mium rates, and that in most States forward on an issue that would upset a care insurance. And one of the major insurance regulators have the author- valuable political constituency, trial reasons why we have the high cost of ity to deny premium rate increases lawyers, even if President Barack health care insurance is because the in- they deem excessive. Obama says he’s open to changes. The surance companies do not have com- The reason the administration con- AP poll found that 54 percent of Ameri- petition. And the biggest reason they tinues to refuse to add serious medical cans favor making it harder to sue doc- don’t have competition is because they lawsuit reform to their health care leg- tors and hospitals for mistakes made have this shield. They are exempt from islation remains purely political, as while taking care of patients. competition. That’s why we passed the was recently revealed by former Demo- Support for limits on malpractice antitrust laws in the very beginning. cratic National Committee Chair How- lawsuits cuts across political lines, Go back to John D. Rockefeller and the ard Dean. At a recent health care town with 58 percent of Independents and 61 American Standard Oil companies. hall meeting, Mr. Dean responded to an percent of Republicans in favor. Demo- That’s what it was all about. It was so angry constituent who wondered why a crats are more divided. Still, 47 percent we could have that competition. supposedly comprehensive reform of said they favor making it harder to Now, there has been much argument the health care system doesn’t include sue. The survey was conducted by on the other side about the sharing of tort reform to lower costs of mal- Stanford University with the nonprofit this information. Madam Speaker, I practice insurance and reduce defen- Robert Wood Johnson Foundation. In call to your point and the point of this sive medicine. the poll, 59 percent said they thought Congress what the Supreme Court said Mr. Dean responded, being remark- at least half the tests doctors order are about the sharing of the information in ably candid, as follows: ‘‘This is the an- unnecessary and ordered only because the 1925 case of Maple Flooring Manu- swer from a doctor and a politician. of fear of lawsuits. facturers’ Association v. The United Here is why tort reform is not in the That is the end of the AP story. States. It said the pooling of statistics bill. When you go to pass a really enor- Madam Speaker, the USA Today edi- does not violate the antitrust laws. As mous bill like that, the more stuff you torial board also came out in support a matter of fact, it’s there, and it helps

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1780 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 both small and large businesses. He Insurance Industry Fair Competition over for the pioneering surgeries he has said it’s legitimate. But they said the Act so that we can finally break the and his personal story of overcoming collusive joint coordination of future vise grip that the insurance companies hardship, recently severely criticized pricing, of output, of marketing deci- have on the lives of the American peo- the health care legislation before Con- sions to take meaningful choice away ple and their health care. gress. Benjamin Carson, Director of Pe- from customers, to rob the American Mr. SMITH of Texas. Madam Speak- diatric Neurosurgery at the Johns Hop- people of the benefits they would reer, how much time remains on each kins Children’s Center in Baltimore, ceive from competition, must not be side? Maryland, and recipient of numerous allowed. The SPEAKER pro tempore. The gen- awards, including the Presidential That’s what the antitrust provision tleman from Texas has 20 minutes. The Medal of Freedom, criticized, in a re- prohibits. That’s why it’s important to gentleman from Michigan has 291⁄2 min- cent interview, the current bill’s lack us to remove it today for the American utes. of malpractice liability reform. people. Mr. SMITH of Texas. I will reserve He pointed to excessive litigation, Mr. SMITH of Texas. Madam Speak- my time. pointing out how much malpractice in- er, I will reserve my time. Mr. CONYERS. Madam Speaker, I am surance and other forms of defensive Mr. CONYERS. Madam Speaker, I am very pleased to recognize the most ex- medicine to protect against lawsuits pleased now to recognize the gen- perienced member of the civil rights add to medical costs. In an interview tleman from Rhode Island, JIM LAN- struggle in the 20th century, the gen- with a local television station, Carson GEVIN, a former Secretary of State, for tleman from Georgia, JOHN LEWIS, a insisted that tort reform must go hand 2 minutes. strong advocate of universal health in hand as part of any true health care Mr. LANGEVIN. I thank the gen- care, and I yield him 2 minutes. reform. tleman for yielding. ‘‘We have to bring a rational ap- b 1400 Madam Speaker, I rise in strong sup- proach to medical litigation. We’re the port of H.R. 4626, the Health Insurance Mr. LEWIS of Georgia. Thank you, only nation in the world that really Industry Fair Competition Act, which Mr. Chairman, for yielding. has this problem. Why is it that every- will finally require the health insur- Madam Speaker, I still believe that body else has been able to solve this ance industry to comply with the same health care is a right and not a privi- problem but us? Simple. Special inter- Federal antitrust laws as virtually lege, and this Congress must not rest est groups like the trial lawyers asso- every other industry in the United until we make health care a reality for ciation. They don’t want a solution.’’ States. all Americans. I know we will get the As Stanley Goldfarb, MD, and Asso- The recent economic recession dealt job done for the American people, but ciate Dean of Clinical Education at the a crushing blow to Rhode Islanders. until that day comes, we must do what Pennsylvania School of Medicine has Many are out of work and simply don’t we can to make health insurance work written: ‘‘The President points to for- have insurance coverage. The ones who for people who depend on it. profit insurance companies, but for- do are struggling to afford the per- This bill, this piece of legislation is profit insurance companies only make petual rate increases year after year. long overdue. The health insurance in- up 25 percent of the system, and they Although Rhode Island is a State with dustry has been treated differently for are not that profitable, ranking 85th strong health insurance consumer pro- over 60 years, and they have abused among all U.S. industries. ‘Reform’ tections, this fact provides little com- that privilege. In too many States will redistribute the money, not reduce fort to the thousands of people who there is no competition and no choice the overall costs. There is much that will lose their coverage because it’s for consumers. can be done to make our system more simply too expensive. Insurance companies are raising efficient. Tort reform is a great place Madam Speaker, we must do every- rates, denying care, and dropping peo- to start.’’ thing in our power to hold down the ple when they get sick, all the while Even prominent Democrat strategist rising costs of insurance premiums, making record profits. We need to put Bob Beckel has conceded medical tort which includes ensuring healthy mar- people first and not profits. reform is essential, recently writing ket competition. After all, competition For too long, insurance companies that CBO has reviewed the few credible is the driving force of economic pros- have had the upper hand. It is not fair, reports that do exist and concluded: ‘‘A perity. And even in the time of FDR it is not just, and it is not right. number of those studies have found and numerous Supreme Court deci- Today, at this hour, we said, ‘‘No that State-level tort reforms have de- sions, it established the fact that there more.’’ It is time to repeal the anti- creased the number of lawsuits filed, is a legitimate public policy interest in trust exemption and put the American lowered the value of claims and dam- ensuring competition. people first. age awards . . . thereby reducing gen- But for over 65 years, the health in- Mr. SMITH of Texas. Madam Speak- eral insurance premiums. Indeed, pre- surance industry has played by a dif- er, I yield myself such time as I may miums fell by 40 percent for some com- ferent set of rules, allowing them to consume. mercial policies.’’ engage in anticompetitive practices Madam Speaker, President Obama’s From a CBO report in June 2004, one which drive up the costs of premiums. own doctor of over two decades also irrefutable fact remains: Between 1997 Well, this bill before us today will supports medical tort reform. David and 2007, medical tort costs, including outlaw existing health insurance prac- Scheiner was Mr. Obama’s doctor from insurance premiums, have risen from tices like price-fixing, bid-rigging, and 1987 until he entered the White House. $15 billion to $30 billion a year. That market allocations that drive up costs He vouched for the then-candidate’s ex- fact alone should ensure that yearly for all Americans. It will protect hon- cellent health in a letter last year. savings in the billions for medical tort est competition from collusion and This was recently reported in Forbes reform would pass the credibility test.’’ other destructive practices within the Magazine. Dr. Scheiner worries about As Kimberley Strassel has written in health insurance industry so we can whether the health care legislation The Wall Street Journal: Tort reform achieve greater affordability, improve currently making its way through Con- is a policy no-brainer. Experts on left quality, increase innovation, and more gress will actually do any good, par- and right agree that defensive medi- consumer choice, just as the antitrust ticularly for doctors like himself who cine—ordering tests and procedures laws have done for the rest of the econ- practice general medicine. ‘‘I am not solely to protect against Joe Lawyer— omy for over a century. sure Obama really understands what adds enormously to health costs. The Madam Speaker, Americans can no we face in primary care,’’ Dr. Scheiner estimated dollar benefits of reform longer afford to give insurance compa- says. range from a conservative $65 billion a nies special treatment. I urge my col- One of the Nation’s top surgeons, year to perhaps $200 billion a year. In leagues to vote in favor of the Health with credibility and acclaim the world context, Mr. Obama’s plan would cost

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1781 about $100 billion annually. That the health care costs down from decades of surance, no long-term care insurance, President won’t embrace even modest experience, but it even prohibits States no property insurance. change that would do so much, so that want to try such reforms from The SPEAKER pro tempore. The quickly, to lower costs has left Ameri- taking part in the government-funded time of the gentleman has expired. cans suspicious of his real ambitions. tort reform demonstration projects. Mr. CONYERS. I yield the gentleman It’s also a political no-brainer. Amer- This is not only a blow to State reform an additional 1 minute. icans are on board. Polls routinely efforts, it is a federally funded bribe Mr. POMEROY. I yield to the chair- show that between 70 percent and 80 discouraging States from enacting real man. percent of Americans believe the coun- reform, and, of course, it is a giant Mr. CONYERS. No casualty insur- try suffers from excess litigation. The bailout for trial lawyers. ance, no other kind of insurance but entire health community is on board. Mr. Speaker, I reserve the balance of the one plainly listed in a two-page Republicans and swing-State Demo- my time. bill. So my confidence in the courts is crats are on board. State and local gov- The SPEAKER pro tempore (Mr. unrestricted that they can get this ernments, which have struggled to SERRANO). The Chair will note that the right. clean up their own civil justice sys- gentleman from Texas has 13 minutes The lack of a statutory definition is tems, are also on board. remaining and the gentleman from intended solely to give the courts the Mr. Speaker, Republican-sponsored Michigan has 28 minutes remaining. ability to ensure that all forms of legislation would make Federal law the Mr. CONYERS. Mr. Speaker, I am health insurance are appropriately in- same legal reforms California imple- pleased now to recognize the distin- cluded so that unreasonable and artifi- mented over 30 years ago. That legisla- guished Member of the House who has cial distinctions do not arise between tion, called the HEALTH Act, remains had insurance experience as a State two essentially equivalent kinds of in- the gold standard for health care legal commissioner, EARL POMEROY of North surance products and how they are reform, and it continues to be sup- Dakota, for 2 minutes. treated under antitrust laws. ported by every major medical associa- Mr. POMEROY. I thank the chair- I am glad that the gentleman raised tion. man for yielding for the purpose of a this issue in the hearings. The HEALTH Act does not limit in colloquy. Mr. POMEROY. I thank the chair- any way an award of ‘‘economic dam- I would like to thank Chairman CON- man. ages’’ from anyone responsible for YERS, Congressman TOM PERRIELLO of Reclaiming the time, I believe the harm. Economic damages include any- Virginia, Congresswoman BETSY MAR- chairman’s words are very clear and thing whose value can be quantified, KEY of Colorado, and others for their will make a very clear part of the leg- including lost wages or home services, leadership in bringing to the floor this islative record on this bill. including lost services provided by important bill aimed at creating great- Mr. SMITH of Texas. Mr. Speaker, I stay-at-home mothers, medical costs, er competition in the health insurance reserve the balance of my time. the cost of pain-reducing drugs, ther- marketplace in order to promote great- Mr. CONYERS. Mr. Speaker, I yield 3 apy and lifetime rehabilitation care, er affordability, improve quality, and minutes to the gentleman from Vir- and anything else to which a receipt greater consumer choice. ginia who has done so much in working can be attached. In particular, I appreciate that the with the committee on this bill, Mr. Only economic damages, which the bill is narrowly tailored to repeal the PERRIELLO, who has been great. Federal legislation does not limit, can McCarran-Ferguson antitrust exemp- Mr. PERRIELLO. Thank you, Mr. be used to pay for drugs and services tion only for the business of health in- Chairman, thank you to Chairwoman that actually reduce pain. So, nothing surance. But despite the clear wording SLAUGHTER, as well, for their great in the HEALTH Act prevents juries of the bill, I have heard concerns from leadership on this bill. This is a great from awarding very large amounts to some that courts might somehow inter- day. victims of medical malpractice, includ- pret the bill broadly to include non- It’s a great day for consumers, it’s a ing stay-at-home mothers and children. health lines of insurance such as life great day for competition, and it’s a California’s legal reforms, just like the insurance, long-term care insurance, great day for common sense. I am new HEALTH Act, cap noneconomic dam- disability income insurance, even prop- to Washington, and I know this is a ages at $250,000 but do not cap quantifi- erty/casualty insurance. town full of grays, but sometimes able economic damages. As one of only two former State in- things are as simple as black and The administration’s health care bill surance commissioners in the U.S. white. This is a chance for people to de- not only fails to contain any of the House of Representatives, I know cide whether they stand for patients or tort reforms that CBO concluded would health insurance is different than these whether they stand for the profiteering save at least $54 billion in health care other insurance lines. I would appre- of health insurance monopolies, wheth- costs, but it also contains a provision ciate, Mr. Chairman, your confirma- er they stand for competition or for that actually deters States from enact- tion of my understanding that the bill collusion. ing such reforms in the future by ex- we are now debating does not apply to This is a victory for common sense in plicitly prohibiting tort reform ‘‘dem- any insurance except for health insur- the midst of the health care reform de- onstration project’’ funds to States ance, and your expectation that courts bate. Only inside the beltway would that enact limits on damages or attor- will interpret it properly to not include those people argue that the best way to neys’ fees. nonhealth lines of insurance. protect competition is to protect mo- One section of an earlier bill states Is the gentleman’s understanding of nopolies. Only inside the beltway that ‘‘the Secretary of HHS shall make my expectation correct? would people try to argue that the best an incentive payment . . . to each Mr. CONYERS. If the gentleman will way to help the little guy is to make State that has an alternative medical yield, I want to commend him for sure that we protect monopolies. liability law in compliance with this clearing up something that perhaps in The status quo is not working for the section,’’ but then goes on to say a more reasonable circumstances should small insurers. There are those with State can take advantage of such funds not need to be cleared up. very good intentions who want to talk only if ‘‘the law does not limit attor- I still have confidence in the courts about safe harbors, but I have not had neys’ fees or impose caps on damages,’’ that they can read the simple under- constituents come up to me and say, which are precisely the tort reforms standing that when we say ‘‘health in- Congress, please have more carve-outs. the CBO concluded yield real health surance,’’ we don’t mean life insurance. Congress, please have more exemptions care cost savings. I mean, this is getting pretty funda- and exceptions, please make the bills Mr. Speaker, so not only does the ad- mental here. But, of course, you are even longer. Here we have a two-page ministration’s bill fail to contain any correct, Mr. POMEROY. It’s health in- bill, 24 lines long—one that is sup- of the tort reforms we know bring surance only; no disability income in- ported by conservatives and liberals

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1782 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 alike in my district—that makes a sim- the floor. I also appreciate their cooperation Mr. CONYERS. Mr. Speaker, I am ple rule that health insurance compa- with the Financial Services Committee—which now pleased to recognize BETSY MAR- nies should have to play by the same has primary jurisdiction over most insurance KEY of Colorado. She has done yeo- rules as everyone else. regulatory issues, except for health insurance man’s work on this measure in her first If two plumbers in my district get to- matters—in developing this bill. In particular, I term, and I will yield her 3 minutes. gether and start to collude and set appreciate that the legislation before us is nar- Ms. MARKEY of Colorado. Thank prices, they will go to jail. Why should rowly tailored to repeal the McCarran-Fer- you, Mr. Chairman, for your work on the biggest health insurance companies guson antitrust exemption only for the busi- this very important bill. in the country not have to play by the ness of health insurance. A few years ago, before I ever even same rules? People say to us, How Today, Congress is engaged in robust de- decided to run for Congress, I owned a about a shorter bill? Two pages. People bate on reforming the health insurance mar- small coffee shop in Old Town, Fort say to us, What about bipartisanship? ketplace for the nation. There are also many Collins. As a business owner, I knew Well, in 2007, all of the attorneys gen- additional types of insurance that impact citi- that my success or failure depended on eral across the country, without a sin- zens’ lives on a daily basis. When looking my business plan and my ability to gle dissenting vote across party lines, broader at insurance regulatory reform and al- compete. None of the other shopowners said we want this bill. We want more lowing insurers to cross state lines, Congress needed the government to offer them Federal power for us to be able to go should look at these matters comprehensively some sort of special protection in order after these monopolies that are stick- across all lines of insurance. I look forward to to survive. Capitalism is the basis of ing it to consumers. working together with House leadership and our democracy, and a competitive marketplace is at the heart of capitalism. b 1415 multiple committees on these important matters in the future. Since 1945, just two industries have This will not solve every problem in Mr. CONYERS. Mr. Speaker, I recog- enjoyed special protection from anti- the health care debate, but if we can’t nize the distinguished Member who al- trust laws by the United States Gov- come together and agree on something lowed us to testify in his subcommittee ernment: Major League Baseball and this simple—pro-competition, pro-con- on universal single-payer legislation, the health insurance industry. Since sumer, two pages long—how will we ROB ANDREWS of New Jersey, and I Americans don’t rely on baseball tick- ever come together on anything? yield him 2 minutes. ets to vaccinate their children or get It is estimated to save consumers $10 Mr. ANDREWS. Mr. Chairman, thank cancer screenings, the gentleman from billion. In States that have removed you for your leadership on this bill. I Virginia and I felt it important that we such protections before, premiums would like to thank and congratulate tackle the special protections offered have risen at one-fifth the rate of other Mr. PERRIELLO, Ms. MARKEY and Ms. to the health insurance industry today. folks. This means real money in the SLAUGHTER for their leadership. I consider myself a pragmatic person. pockets of working and middle class Members of the House have a choice I think companies should be left alone Americans. Voters say, who is standing to make this afternoon: If you believe to succeed or fail based on the fitness up for us—working and middle class that the Members of the two parties of their business plan and on the qual- Americans who play by the rules—in- can work together to solve a problem ity of the products they offer to con- stead of for the interest groups? Here is in our health care system, then the sumers, not because they got a special a chance for a victory for common correct vote is ‘‘yes’’; if you believe deal from Washington. sense and for consumers. that there can be simple and clear solu- I believe that consumer protection If you are a health insurance com- tions that do not involve thousands of laws keep our markets competitive and pany and you are not engaged in mo- pages of legislative language, then the are crucial to our democracy and econ- nopolistic practices, you’re not correct vote is ‘‘yes’’; if you believe omy, and that the exceptions offered to colluding, you have nothing to worry that health insurance companies the insurance industry for over half a about. But if you are, be afraid, be very should be held to the same standard century leave the doors wide open to afraid, because you are no longer going that car dealers, supermarkets, tele- price-fixing that can’t be regulated. to enjoy the monopoly protections you vision networks, candy stores, all If any Member of this body were to have enjoyed for 65 years. kinds of people are held to in this coun- come and suggest that the United We are going to stand up for patients try, then the correct vote is ‘‘yes.’’ States Government give one industry today with no loopholes and no monop- The choice here is competition versus immunity from protection and from olies to ensure a basic sense of ac- crony capitalism. Competition means price-fixing, the outrage from the countability, competition, and Main the best competitors get the market American public would be swift and Street values, and maybe take one step share and get the business. It means heartfelt. It is not fair that small busi- forward towards bipartisanship and that health insurance companies can- ness owners across America—many of common sense in this health care re- not meet behind closed doors and fix them struggling to survive in today’s form debate. the prices of their product. We’ve seen economy—have to play by a separate Mr. SMITH of Texas. Mr. Speaker, I enough of crony capitalism on Wall set of rules. reserve the balance of my time. Street, we have seen enough of crony The underlying premise of this bill is Mr. CONYERS. Mr. Speaker, I would capitalism in our banking industry, not a partisan issue. Prominent Mem- like to yield to PAUL KANJORSKI of and I think we’ve seen more than bers of both parties have advocated re- Pennsylvania for a unanimous consent enough of crony capitalism in health moval of McCarran-Ferguson for 2 request. insurance. years. In 2007, Senator Trent Lott co- Mr. KANJORSKI. Mr. Speaker, I rise This is the chance for the Members sponsored legislation with PATRICK in support of H.R. 4626. to come together and say we want the LEAHY that would have repealed an Mr. Speaker, as the Chairman of the House health insurance industry to compete even broader swath of antitrust exemp- Financial Services Subcommittee on Capital for the business of the American people tions benefiting the entire insurance Markets, Insurance and Government Spon- the same way everybody else does. It is industry. At the same time, Senator sored Enterprises and on behalf of the Finan- pro-consumer, it is pro-competition. It Lott made the astute point that if the cial Services Committee and its Chairman (the should be profound evidence that the industry were not engaging in price- gentleman from Massachusetts, Mr. FRANK), I two parties can work together and fixing, it wouldn’t have to worry about would like to thank the Chairman of the Judici- start to solve the health care problem. losing its antitrust exemption. ary Committee (the gentleman from Michigan, I congratulate the authors. I would When Lott testified before the Judi- Mr. CONYERS), the gentleman from Virginia urge my friends on both sides to vote ciary Committee in 2007, he said, ‘‘I (Mr. PERRIELLO), the gentlewoman from Colo- ‘‘yes’’ in favor of this bill. cannot for the life of me understand rado (Ms. MARKEY), and others for their lead- Mr. SMITH of Texas. Mr. Speaker, I why we have allowed this exemption to ership in bringing this important legislation to reserve the balance of my time. stay in place so long.’’ Perhaps even

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1783 more telling, the National Association I also serve with several of my col- specialties. Neurosurgeons, I remember of Attorneys General strongly supports leagues on the Competitiveness Task anesthesiologists, other high special- the repeal of McCarran-Ferguson. One Force, and I know that for our econ- ties with high-risk practices were actu- assistant attorney general noted, ‘‘The omy to regain its footing, we need cen- ally leaving the State of California be- most egregiously anticompetitive tral Ohio and American business to be cause of the significant increase in pre- claims, such as naked agreements, fix- competitive, something this bill will miums on a yearly basis as a result of ing price, or reducing coverage, are vir- help to ensure. the true historical data of what was tually always found immune’’ from This bill is needed because the health happening in the courts. prosecution under the law. insurance industry is sick, and we need b 1430 The SPEAKER pro tempore. The gen- to fix it. We know that we have an tlewoman’s time has expired. unhealthy insurance system because I recall at this time, because I actu- Mr. CONYERS. I yield the gentle- we see that the signs and symptoms ally did some representation in the woman an additional 30 seconds. are there. Ninety-six percent of all courts of doctors and hospitals and of Ms. MARKEY of Colorado. For years, health insurance markets are highly even a couple of plaintiff cases—but primarily defense cases—that it was one industry has enjoyed an unfair ad- concentrated, meaning consumers have becoming a crisis. vantage over every other business in little or no choice between insurers, So, in California, it came together on the United States. I don’t think this and it is too easy for insurance indus- a bipartisan basis, and we passed legis- has anything to do with being a Repub- tries to conspire on practices. lation better known as MICRA. In lican or a Democrat, I think it has to I urge my colleagues to support pas- there, we have a limitation on a sliding do with being fair. sage of the Health Insurance Industry scale on the amount of money that can Mr. SMITH of Texas. Mr. Speaker, I Fair Competition Act. go to the attorneys, and it’s a slightly yield myself 1 minute. Mr. SMITH of Texas. Mr. Speaker, I higher percentage at the lower recov- Mr. Speaker, we have heard several yield 5 minutes to the gentleman from eries. As the recovery gets larger and speakers in the last few minutes say California, the former Attorney Gen- larger, the percentage of return to the that there are only two industries ex- eral of that State, Mr. LUNGREN. attorneys, percentage-wise for that empted from the antitrust laws, insur- Mr. DANIEL E. LUNGREN of Cali- segment of the recovery, is less. ance and baseball. This, of course, is fornia. I thank the gentleman for yield- While putting no limitation whatso- not true. There are more than 20 such ing. ever on recovery for loss of income and exemptions. If the majority is intent Mr. Speaker, as I’ve said repeatedly— for all medical costs, there was a cap on eliminating simple exemptions, per- and perhaps the gentlelady from Ohio put on noneconomic damages. As one haps they would be willing to eliminate who just spoke didn’t hear—I support who has been in the courtroom and has the labor union’s antitrust exemption the bill. I think she also heard—well, seen what happens, that is logical beas well. maybe she wasn’t here to hear the cause the one area in which you saw I reserve the balance of my time. ranking Republican say he is not going extraordinary amounts of money that Mr. CONYERS. Mr. Speaker, MARY to oppose the bill, so let’s be clear really were not truly indicative of ap- JO KILROY of Ohio has worked hard on about what we’re talking about here. provable damage—I’m not saying there this legislation, and I would like to While I do support this bill and while isn’t pain and suffering, but trying to recognize her for 2 minutes. I do think it could be perfected and quantify it is extremely difficult, and Ms. KILROY. Thank you, Chairman while I hope that the motion to recom- it proved to be impossible, and it CONYERS, for allowing me this oppor- mit will be adopted to actually make it proved to be the area in which you had tunity. Also, I want to give thanks to a better bill, I would say, however, this the outrageous jury verdicts that had the work of my freshman colleagues, is not the first bill we should have on the impact of distorting the system. So TOM PERRIELLO and BETSY MARKEY, for the floor dealing with the overall issue California adopted both of those. their work on this important piece of of health care. The first one should be In other words, the bill that has been legislation that I am very proud to be the one the American people have presented by the President and Demo- a cosponsor of. asked us to look at, and that is reform crats in the House and the Senate not I have been listening to this debate of the medical malpractice system. only does not really deal with reform this afternoon, and it is very sur- The interesting thing is, as the gen- of the medical malpractice system, but prising—and actually highly ironic—to tleman from Texas pointed out, that in it takes us back more than 30 years to hear the opposition from the Repub- the bill that we have in the Senate and the position in which we were then lican side of the aisle to a bill that the House, there is reference, as the when we had not an academic exercise would simply make the health insur- President of the United States said, to about the possibility of a crisis but a ance industry operate fairly in a com- medical malpractice litigation alter- true crisis. We literally had a crisis in petitive marketplace. After all, it was natives. That bill does give incentives, medical care in the State of California a great Republican President, Teddy financial incentives, Federal moneys until we enacted this change. Roosevelt, who was the great trust from the Federal Government to the So that is why it is at least as buster, the one who brought antitrust States if they will engage in alter- strange to ask and to see why we don’t principles into American jurisprudence natives to the litigation system in have some litigation reform moving and legislation. And as we have heard areas of medical malpractice. But as through our Judiciary Committee and this afternoon from others, versions of the gentleman from Texas pointed out, through the other committees that this bill have had bipartisan support there is a kicker in there, and it says may have jurisdiction in the House of over the course of the years when there that if your State dares to in any way Representatives and placed on the have been attempts to introduce anti- put any limitations on attorneys fees floor. That’s why it was very important trust legislation addressing this issue or on any part of the recovery in med- for the gentleman from Texas to make with respect to the health insurance ical malpractice cases, that State will reference to the California system, be- industry. After all, competition is the be ineligible for the funds; in other cause that is one that has worked, and engine that drives our economy, spurs words, you will be punished relative to it specifically is the one that is singled innovation, and ensures that the Amer- other States. out in the legislation that the Presi- ican consumer would receive a fair Now, the gentleman from Texas re- dent supports to be punished. Now, if deal. But for far too long the insurance ferred to the landmark legislation we that is not irony, I don’t know what is. industry has been able to avoid ac- had in California called MICRA, which The SPEAKER pro tempore. The countability by dividing up the terri- was adopted in the mid-1970s at a time time of the gentleman has expired. tories among themselves like the rob- when we had a crisis in medical mal- Mr. SMITH of Texas. Mr. Speaker, I ber barons once did on the backs of or- practice premiums. We actually had an yield the gentleman an additional 1 dinary Americans. exodus of doctors, particularly in the minute.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1784 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 Mr. DANIEL E. LUNGREN of Cali- people a choice, a choice of a public With regard to the States’ ability to fornia. So I would just hope that people health insurance option—an option do this, yes, many States do have anti- would understand, as important as this that will compete with private health trust laws, and we are thankful for bill is, that we should be at least lis- insurance companies and will bring that, but the Federal Government, the tening to the American people, who down the costs of premiums and the Federal Attorney General, is precluded have said number one on their issue costs of coverage. from involving in the matter of com- list in dealing with this problem, as The CBO, the Congressional Budget petition in this industry. they see it, as they understand it, as Office, has stated that a public option Mr. CONYERS. Mr. Speaker, I yield 2 they are affected by it, is the reform of would save at least $25 billion if we in- minutes to a former member of the the medical malpractice litigation sys- cluded that right now in our health House Judiciary Committee, the gen- tem as it currently exists. care bill. That $25 billion could be used tlewoman from Ohio, BETTY SUTTON. So it is somewhat disappointing that for subsidies to ensure the affordability Ms. SUTTON. Thank you, Mr. Chair- we don’t have that even on the horizon. of all health insurance plans. man, for the time. I think the gentleman, the ranking Mr. SMITH of Texas. Mr. Speaker, I Mr. Speaker, I rise in strong support member on the committee, would agree have no further requests for time on of this bill, to repeal the antitrust ex- we haven’t seen anything on this sub- this side, and I am prepared to close at emption for health insurance compa- ject that has been scheduled for our the appropriate time. nies. committee. I reserve the balance of my time. For far too long, the health insur- While I support this legislation—and Mr. CONYERS. Mr. Speaker, I yield 2 ance industry has been exempted from let me repeat that—I support this leg- minutes to the distinguished gen- playing by the rules that most other islation. I think it is good legislation. tleman from California (Mr. American businesses must live by. I think it may have a slightly bigger GARAMENDI). Since 1945, they have been operating impact than, maybe, my ranking mem- Mr. GARAMENDI. Chairman CON- beyond the reach of these important ber thinks it will have, although not as YERS, thank you so very much. consumer protection laws. The result large an impact as suggested by the Mr. Speaker, I keep thinking about has been excessive consolidation in the other side. I would hope that the other that movie ‘‘Casablanca.’’ The guy health insurance industry and the inside would look with open eyes and says, I am shocked to learn that the surance companies taking advantage of would listen with open ears to our mo- Republican Party that has championed honest, ordinary Americans. This legis- tion to recommit because I think it itself with the free market economy lation will finally put an end to insur- will make a better bill, will clear up would oppose a measure that would, in ance company collusion, and it will some definitions that are not defined in fact, allow for competition. bring much needed competition to the this bill and will help us move in the Now, a lot has been said on the floor industry. right direction. today, but the fact of the matter is— According to the Consumer Federa- Mr. CONYERS. Mr. Speaker, I yield 2 and I spent 8 years of my life as the in- tion of America, repealing these anti- minutes to the leader of the Progres- surance commissioner in California, trust exemptions will save consumers sive Caucus in the House for so many and I am here to tell you that the in- more than $40 billion in insurance pre- years, the gentlewoman from Cali- surance companies, using the exemp- miums. I, for one, want consumers to fornia, LYNN WOOLSEY. tion from the antitrust laws, are able save that money. The families that I Ms. WOOLSEY. Thank you, Con- to conspire to fix prices on premiums proudly represent have the right to be gressman CONYERS, for your great lead- and on payments to doctors. That has confident that the cost of their insur- ership. been proved in cases, national cases, ance and the actions of their health in- Mr. Speaker, can you imagine the brought by States and by private attor- surance providers are reflective of com- health care industry being exempt neys as well as by the attorney general petitive market conditions, not of col- from the McCarran-Ferguson antitrust of New York. lusion. rules right now, particularly after An- Similarly, they are able to vertically This bill is a historic step to ensure them raised their rates 39 percent a integrate. In a case that took place in competition in the insurance industry couple of weeks ago when their parent New York, where UnitedHealthcare and to provide access to quality, af- company had just announced that they owns a company called Ingenix, which fordable health care for all Americans. had had—I believe it was 2.9—around a actually sets the reimbursement rates, Now, who would be against that? $2 billion profit last quarter, and when they are able to have a serious conflict The choice is clear and easy. It is a one of their subsidiaries has to raise of interest. The lower the normal reim- two-page bill, easily understood, hard their rates 39 to 40 percent? bursement rates, the more the copay to to mischaracterize. A vote for the bill H.R. 4626 will lift the antitrust ex- consumers. is a vote for our constituents. A vote emptions that health insurance compa- So there are varieties of practices against the bill is doing exactly what nies have enjoyed for far too long. It that take place in the insurance indus- the insurance industry wants. Let’s will protect us from the Anthems of try, practices which are anticompeti- think about that. For our constituents the world. These exemptions have tive and anticonsumer. What we are versus for the health insurance indus- given the companies a near monopoly doing here is very simple and very, try. It’s an easy choice. Because the control of health insurance markets— very straightforward. It is this: American people need all of us to be on preventing meaningful competition, Under the antitrust laws that have their side, I urge people on both sides competition that would bring down the been in place since Teddy Roosevelt is of the aisle to vote for this bill. cost of premiums and competition that a long history of people pushing back Mr. CONYERS. Mr. Speaker, I yield 2 would make health care affordable for against the powerful interest groups— minutes to the gentleman from Can- all Americans, which we know is not in this case, the powerful interest ton, Ohio, JOHN BOCCIERI. right now. Through the lifting of the groups of the insurance industry. It is Mr. BOCCIERI. Thank you, Mr. insurance companies’ antitrust exemp- time for us to simply say, You must Chairman. tions and through the creation of an compete as every other part of the Mr. Speaker, the American people exchange, we will increase competi- American economy must. Vertical in- have asked for common sense in their tion. The insurance industry will then tegration to the detriment of con- government, but all too often it is just have to control their costs, control sumers: not allowed. Price-fixing on not that common. their premiums and control their selling the products: not allowed. Not You see, our friends on the other side copays because they will have competi- able to use that market power to set have asked for simplicity, for sub- tion. prices on the payment to doctors and stance, and for competition in the Another important way to increase hospitals. All of those things have health care debate, but only in Wash- competition is to give the American taken place. The proof is there. ington will we argue that competition

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.000 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1785 doesn’t reduce costs. Only in Wash- limited in terms of the economic scope So again, Mr. Speaker, what’s the ington will we argue that we haven’t of our reach in the United States. But point of this bill? had time to read a two-page bill. Only they, nevertheless, exist. I could list all the reasons why this in Washington will we argue process Mr. SMITH may remember that the bill is ineffective, useless, unproduc- over results for consumers. baseball antitrust exemption was given tive, pointless, futile, and meaningless. What does it mean for consumers in very close scrutiny only 2 or 3 years Instead, I would like to highlight some- Ohio? ago, and it reminded them of the fact thing we could do to actually drive Well, let me tell you, small busi- that their conduct hadn’t always been down health care costs. nesses in Ohio, their premiums have such that deserved a continuation of Last October, the CBO concluded risen about 129 percent. There are 7.4 the exemption, and I’m hopeful that that a tort reform package consisting million people in Ohio who get their in- baseball will still deserve it. of reasonable limits on frivolous law- surance on the job, averaging about But here in the field of health care, I suits would reduce the Federal budget $13,000. Small businesses make up 72 think it’s hard to defend any argument deficit by an estimated $54 billion over percent of all business in Ohio, while that the health insurance industry de- the next 10 years. That $54 billion in only 47 percent of them can afford to serves or requires or needs an exemp- savings from tort reform could be used offer health insurance for their people. tion, and for that reason I am urging to provide health insurance for many We have seen 400 mergers in the all of my colleagues to examine this of the uninsured without raising taxes health care industry over the last 14 two-page bill and scrutinize it. Let’s on those who already have health in- years, so 95 percent. According to the see if we can get a refreshingly large surance policies. Department of Justice, health insur- bipartisan vote that could lead the Also, according to the CBO, under a ance markets are highly concentrated. American people to reflect on the fact Republican-sponsored health care tort It means there is collusion. It is simple that we can be liberals and conserv- reform bill called the HEALTH Act, economics. We increase competition. atives without rancor or animosity or ‘‘premiums for medical malpractice insurance ultimately would be an aver- We lower prices. personalizing our philosophical dif- age of 25 percent to 30 percent below On this matter, we have to know who ferences, and that’s the appeal that I what they would be under current we will stand with at this hour. Are we offer to my colleagues on the other law.’’ going to stand for families or are we side. There are those that wonder if this And a GAO report stated that ‘‘losses going to stand for monopolies? Are we would create some kind of a chill or on medical malpractice claims, which going to stand for competition or are curtailment of creativity if this exemp- make up the largest part of insurers’ we going to stand for price-fixing and tion were removed, and I don’t think costs, appear to be the primary driver collusion? Are we going to be Congress that that is very logical. We think that of rate increases in the long run.’’ men and women who stand for con- the antitrust laws are fairly elemen- Mr. Speaker, rather than spend time sumers and for open markets or are we tary. They don’t conspire against com- on a bill that the CBO said would yield going to be Congress men and women petition. They don’t try to reserve cre- a ‘‘quite small,’’ if any, change in who stand for collusion and corruption ativity. We want competition, and it is health care premiums, we should in- in the industry? There are not all bad the exemption from antitrust liability stead take up a bill the CBO concluded actors out there, but on this day, at that this becomes very, very critical. would save us $54 billion. The Amer- this hour, we need to stand with con- Mr. Speaker, I reserve the balance of ican people deserve real health care re- sumers. my time. form, not a feeble and feckless sub- Mr. CONYERS. Mr. Speaker, this has Mr. SMITH of Texas. Mr. Speaker, I stitute. been an important debate, and I would yield myself such time as I may con- Mr. Speaker, I yield back the balance like to take this opportunity to com- sume. of my time. mend the leader of the Republicans in Mr. Speaker, first of all, let me Mr. CONYERS. Mr. Speaker, I yield 1 the House, and especially one Member thank Chairman CONYERS for his com- minute to the gentleman from Mary- on the Judiciary Committee, LAMAR ments. He is always gracious in mak- land, Mr. FRANK KRATOVIL. SMITH. ing those. He is right. We have had a Mr. KRATOVIL. Mr. Speaker, for We have had a very civil debate. I good discussion today about this par- months we have been debating how to think, in the course of the incredible ticular piece of legislation. And I also improve the health care system. We amount of time that we have been al- want to say that he and I have a very have focused on two major goals: One lotted for this bill, that we have good working relationship on the Judi- is increasing the number of those who reached closure on some issues. There ciary Committee as well. have coverage, and the second major are now more things that we agree to In regard to this bill, Mr. Speaker, I goal is doing what we can to reduce the on both sides of the aisle than there have to say that as much as some costs for those that do. One way, obvi- are things that we may have dif- might hope that it did something or ously, to accomplish these goals is to ferences about. hope that it accomplished something increase competition. In fact, it’s one or might wish that the bill did some- of the few areas where, in this debate, b 1445 thing or might pretend that the bill did we have seen bipartisanship. There I attribute it to the goodwill and the something, in point of fact, the Con- have been recommendations, various cooperation of my Republican col- gressional Budget Office disagrees. recommendations, on how to do that. leagues on the House Judiciary Com- Members are free to wish upon a star, One is the bill that we have today. mittee. I also solicit their vote, but I but this bill is a dim bulb. There have been other suggestions, al- will respect any way that they may Mr. Speaker, the Congressional Budg- lowing for competition across State choose to dispose of this matter and et Office says that ‘‘whether premiums lines. our friendship will not be diminished or would increase or decrease as a result The point is we all know that one of impaired in any way whatsoever. of this legislation is difficult to deter- the ways to accomplish the major goals Now, LAMAR SMITH mentioned the mine, but in either case, the magnitude that we seek to accomplish is to create fact that there were other exemptions, of the effects is likely to be quite competition, and that is what this bill and to be perfectly candid, I did not small.’’ ‘‘Quite small.’’ does. We need to ask the question: Why know that there were more than two So, Mr. Speaker, what’s the point of would we allow this exemption to con- exemptions, and it turned out that this bill? CBO goes on to say that pre- tinue when we do not do that for other there are. As a matter of fact, there are mium reductions from this bill are industries? Why would we do that when 27. But many of them—and I haven’t likely to be small because ‘‘State laws no public interest is served by doing researched this yet. Many of them are already bar the activities that would so? partial exemptions. Many of them are be prohibited under Federal law if this Now, this may not be the silver bul- very small exemptions that are very bill was enacted.’’ let, but certainly everyone agrees that

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in order to improve our health care health care for all Americans. We got a resentatives PERRIELLO and BETSY MARKEY for system, we must increase competition. running start on it in the recovery their leadership and advocacy on this very im- That’s not a partisan issue. That’s package with big investments in basic portant issue. what this bill does. And for that rea- biomedical research and health infor- I hope most of us would agree that health son, I ask my colleagues to support it. mation technology, so we were on the insurance companies should play by the same Mr. CONYERS. Mr. Speaker, NANCY cutting edge of science and technology rules as every other industry in America. For PELOSI is the first female Speaker of for this. We had a running start on it far too long, the health insurance industry has the House in American history. She is by passing the SCHIP in a bipartisan been exempt from the Federal antitrust laws the third ranking person in our Federal way, State Children’s Health Insurance that govern other businesses. As a result, they Government. And we are all honored to Program, insuring 11 million children are not subject to Federal laws banning price recognize her for 1 minute at this time. in America. And then the debate has fixing, market manipulation, collusion, or other Ms. PELOSI. I thank the chairman gone on from the summit the President anticompetitive business practices. for his generous remarks and for his had a year ago in a bipartisan way to a It is apparent that there is no real competi- tremendous leadership in bringing this summit he will have tomorrow as well. tion in parts of the health insurance market. In important legislation to the floor. Mr. But in the meantime, this very impor- the last few weeks, we have seen health in- CONYERS is well known as a champion tant piece of legislation is before us surance companies impose huge premium in- of the people, and today he dem- today. creases on consumers. Anthem Blue Cross of onstrates that once again. I have always said that any health California announced a 39 percent price hike This House of Representatives, Mr. care reform had to make the AAA test. in premiums for their consumers. The Depart- Chairman, is called the people’s House, It had to have affordability for the ment of Health and Human Services has re- and you are a leader in the people’s middle class, accessibility for many ported that several large health insurance House. Today we live up to that name more people, and accountability for the companies across the country have requested by passing legislation that increases le- insurance companies. Accountability premium increases of anywhere between 16 verage for people. By changing the for the insurance companies. No longer percent and 56 percent. These huge premium playing field, a playing field that has would they have it all their way. And increases come after a year of record profits been dominated by the insurance in- that’s what this legislation does. for the top five health insurance companies in dustry for over 65 years. And now it’s We had this on the agenda, and then America. Last year, as Americans struggled to the people’s turn. The insurance com- the snows came and we had to put it pay their health insurance costs, insurance panies will now be playing on the peo- off. And in between the time when we companies’ profits jumped by 56 percent. ple’s field. all got snowed out or snowed in, An- Quite simply, the legislation we are consid- Mr. CONYERS, thank you for your on- ering today will repeal the blanket antitrust ex- going leadership, for fairness, for com- them in California announced that it petition, for a better deal for the Amer- was going to raise its rates 39 percent: emption afforded to health insurance compa- ican people. 39 percent, Anthem Insurance Com- nies under the McCarran-Ferguson Act. We I also want to commend chairwoman pany; 39 percent for health insurance. must hold health insurers accountable when they engage in anti-competitive behaviors that of the Rules Committee, LOUISE b 1500 SLAUGHTER, for her ongoing and per- benefit their profit margins at the expense of Over the past decade, insurance rates sistent insistence that this legislation American families. have gone up over 150 percent. And this come to the floor. When she served in Mr. Speaker, we are taking a small but very continues in Michigan, Kansas, other the State legislature in New York, she critical step towards health insurance reform places in the country these insurance was fighting this fight. and fixing a part of our broken health care This antitrust exemption was passed, rates have gone up because the insur- system while Congress continues to work on again, over 60 years ago and it was sup- ance companies simply have not been comprehensive health care reform to bring posed to last 3 years. Sixty-five years accountable. And this has worked to more affordable and accessible care for all later we are on the floor of the House the disadvantage of the American peo- Americans. I urge my colleagues to support to finally repeal the special exemption ple. this much-needed bill. that insurance companies have that no So again, I commend all of those who Mr. HOLT. Mr. Speaker, I rise in strong sup- other industry, except Major League played a part in bringing this to the port of the Health Insurance Industry Fair Baseball, has in our country. floor, to the bipartisan discussion that Competition Act, H.R. 4626, legislation that I also want to commend Mr. DEFAZIO, took place in committee that has been would remove the health insurance industry’s who has been a champion on this issue, mentioned, and for hopefully the antitrust exemption. As a cosponsor of this im- Congressman DEFAZIO from Oregon. He strong bipartisan support we will see portant legislation, I urge my colleagues to join has worked with our new Members of today. me in supporting this bill to expand competi- Congress, and they have been a source But again I want to come back to tion, improve the affordability of health insur- of energy to move this legislation: Con- Chairman CONYERS, because he is the ance, and give families more choices. gresswoman BETSY MARKEY of Colo- person when it comes to speaking out I have heard from many hard-working New rado; Congressman TOM PERRIELLO of for the people, chairman of the Judici- Jerseyans, who are struggling under the cur- Virginia, the author of this bill. We’re ary Committee, a very prestigious posi- rent insurance system. The system is too ex- grateful to them for their courage and tion, one with a great deal of responsi- pensive and leaves too many people without their leadership, because the insurance bility to make sure that the pledge we good, secure coverage. Families are paying companies don’t want this bill but the take each day, with liberty and justice higher and higher premiums for less coverage. American people do, and I commend for all, is lived up to. And today we are Our businesses are struggling to afford health those who have worked so hard. providing much more competition, care for their employees and find themselves Another new Member of Congress, much more freedom for the American at a competitive disadvantage compared to Congressman GARAMENDI, a former in- people by expanding their choices with companies in other countries. Those problems surance commissioner of the State of this important legislation. have not gone away and must be addressed. California, played a role effective from I urge our colleagues to support the The legislation we are considering today the start as soon as he arrived to get legislation, once again salute all those would lower costs and provide new insurance this legislation to the floor. And, who made it possible to bring this be- options for families by repealing the insurance again, I believe that the legislation has fore the people’s House today. Thank special exemption to antitrust law. This ex- many Republican supporters as well. you, Mr. Chairman. emption was created by the 1945 McCarran- So that, of course, is really a source of Mr. VAN HOLLEN. Mr. Speaker, as an origi- Ferguson Act with the intention of helping new confidence to us as we go forward into nal cosponsor, I rise in strong support of legis- small insurance companies by allowing them the health care debate. lation that will end the unfair advantages that to access historical insurance data for setting One year ago, we began this debate health insurance companies currently enjoy their premiums and left all antitrust regulation on health care, quality, affordable today. I want to commend my colleagues Rep- to the states.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1787 Instead of encouraging new small insurance that benefit the consumer. There is no reason move the health insurance industry’s anti-trust companies, this antitrust exemption has stifled why the health insurance industry, with their exemption. competition. A single insurance company con- outrageous spending on lavish retreats and This legislation would create competition in trols more than half the insurance market in executive salaries at the expense of the con- the health insurance market and lower the 16 states, while in New Jersey the top two sumer, should not be forced to compete for overall cost of health insurance for consumers. companies control almost 60 percent of the business on a level playing field and control According to the American Medical Associa- market. Lack of competition has led to growing their costs and spending on non-health care tion, 94 percent of insurance markets in the insurer profits, increased costs and reduced related items. United States are now highly concentrated. In coverage for patients, and an epidemic of de- Right now, health insurance costs are out of my state of Michigan, one company controls ceptive and fraudulent conduct. control and if individuals cannot afford health 63 of the health insurance market. By repealing the special antitrust exemption insurance they end up in emergency rooms Insurers are thriving in the anti-competitive for health insurance companies, health insur- forcing the health care system and the tax- marketplace, raking in enormous profits and ers would be held accountable for fixing payer to pay for their expenses. Yet, the insur- paying out huge salaries to top executives. prices, dividing up market territories, using ance companies continue to see increased Meanwhile, American families are struggling predatory pricing, or rigging bids. This bill profits while making it nearly impossible for in- to pay their mortgages, credit card bills and makes the federal government a partner with dividuals to gain access to or afford a policy. medical expenses. Many are losing their states who lack the resources to go after in- H.R. 4626 is one way we can fix the mo- health insurance altogether with the loss of surance companies that have violated the law. nopolies the health insurance industry has their jobs. This bill is one part of reform needed to im- over the consumer and will make insurance Yet health insurance companies continue to prove the health care that all Americans re- coverage more affordable for individuals and thrive, at the expense of struggling Americans. ceive by holding health insurance companies small businesses. It is about time that insurance companies to the same good-competition rules that other This is a step in the right direction, but we play by the same rules as every other Amer- industries face. I encourage my colleagues to desperately need health reform in this country. ican industry. vote in favor of this bill to lower costs and pro- All individuals should have access to quality I urge Members to support this legislation, vide new options for patients. and affordable health insurance and we will to a establish a fair insurance market that en- Mr. LOEBSACK. Mr. Speaker, I am submit- not accomplish that without reforms through- courages competition and lower costs. ting the following statement for the record in out our health care system. Mr. ETHERIDGE. Mr. Speaker, I rise today support of the Health Insurance Industry Fair I strongly support H.R. 4626 because insur- in support of H.R. 4626, Health Insurance In- Competition Act, which would end the anti- ance anti-trust reform is one piece of the pie dustry Fair Competition Act. This legislation is trust exemption that currently gives special as we move forward. another step in Congress’ work to reform privileges to health insurance companies. Ms. DELAURO. Mr. Speaker, this past sum- health care to bring down costs and expand If we do not pass this legislation, American mer, in my home state of Connecticut, Anthem choices for all Americans. Last year, we consumers will continue to pay more for health tried to raise health insurance premiums by up worked to make sure seniors could keep their insurance, if they can afford it at all, because to 32 percent. Right now, in California, the doctors by reforming the Medicare payment of a lack of competition in the insurance mar- same company is trying to pull the same system. This bill cracks down on insurance ket. trick—trying to increase their rates by as much companies that are taking advantage of obso- According to the AFL–CIO, profits at 10 of as 39 percent. lete laws to manipulate premiums. The next the country’s largest publicly traded health in- Unfortunately, we now know that the top five step will be to protect North Carolina families surance companies rose 428 percent from insurers in America saw record-breaking prof- from additional insurance company abuses, 2000 to 2007. At the same time, consumers its in 2009. We have seen increases in profits bring down health care costs and turn around paid more for less coverage. At the root of this of 91 percent at WeIlPoint, and a whopping the crushing effects of skyrocketing health problem is the growing lack of competition in 346 percent at Cigna. care costs on our national debt. the private health insurance industry that has How is this happening, in the midst of an H.R. 4626 will restore competition and led to near monopoly conditions in many mar- historic recession? A lot of reasons, and cen- transparency to the health insurance market. kets. tral among them the fact that, according to Competition is the engine that drives our There is no reason why health insurance long-established antitrust standards, there is economy, spurs innovation, and ensures that companies should continue to receive this fa- no real competition in the insurance market the American consumer receives a fair deal on vored treatment from the federal government today. In fact, there have been more than 400 goods and services. But for far too long, the while millions of Americans pay the price. mergers among health insurers in the past 14 health insurance industry has played by a dif- Mr. GENE GREEN of Texas. Mr. Speaker, years. So, insurers get away with price- ferent set of rules. Since 1945, the McCarran- I rise today as an original cosponsor and gouging mainly because they can. Ferguson Act has exempted the business of strong supporter of H.R. 4626 the Health In- We have coddled this industry far too long. insurance from federal antitrust laws. This bill surance Industry Fair Competition Act. It is time to remove insurers’ special antitrust repeals that blanket antitrust exemption af- Since 1940s, the McCarran-Ferguson Act exemption and to make them play on the forded to health insurance companies. Under has exempted the insurance industry from all same level playing field as every other busi- H.R. 4926, health insurers will no longer be federal antitrust laws giving health insurers ness in America. I hope that all my colleagues shielded from legal accountability for price fix- freedom to raise premium prices, deny cov- who consistently espouse the virtues of a free ing, dividing up territories among themselves, erage for preexisting conditions, and change market will join us in passing this bill today. sabotaging their competitors in order to gain their reimbursement rates. Mr. STUPAK. Mr. Speaker, the insurance in- monopoly power, and other such anti-competi- Right now millions of Americans are at the dustry and Major League Baseball are the last tive practices. mercy of the health insurance companies with industries in our country not subject to Federal When NC families are hurting, doing nothing premium increases going up in the double anti-trust laws. really isn’t an option for me. I’ve heard from digit percentage points across the country. The insurance industry can collude to set thousands of neighbors in my district who are These premium increases are not to enhance rates, resulting in higher premiums than true suffering under the current system. I receive insurance plans, but to add to the extremely competition would achieve. calls, letters and emails on health care literally large profit margins of insurance companies. Because of the exemption, rate increases every day. Seemingly, there is no end in sight to this are not reviewed by the Federal Government. Sheila is a woman from Raleigh who fears business practice because there is little com- Today I held a hearing of the Energy and she will suffer the same fate as her sister who petition in the health insurance market that Commerce Subcommittee on Oversight and died from asthma because she couldn’t get benefits the consumer. If this continues health Investigations evaluating the most recent and coverage. Linda from Sanford is a nurse who’s insurance premiums will continue to rise as egregious example of this. In California, tired of insurance industry bureaucrats inter- long as we allow the insurance companies to WellPoint’s Anthem Blue Cross plan recently fering with patient care. Nancy from Louisburg control markets. raised premiums by an astounding 39 percent. says she’s not looking for a handout, just a We know that competition in the market- One of the most effective actions Congress fair playing field because everyone should be place leads to lower prices and more options can take to lower health care costs is to re- able to get insurance. Dan is a young man

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1788 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 from Raleigh whose fiance´’s coverage was de- The SPEAKER pro tempore. Is the The SPEAKER pro tempore. Is there nied when she got sick. Peggy from Rocky gentleman opposed to the bill? objection to the request of the gen- Mount wants affordable coverage for small Mr. SMITH of Texas. I am in its cur- tleman from Texas? business workers and the self-employed who rent form. Mr. DEFAZIO. Mr. Speaker, reserving pleads, ‘‘please don’t let the insurance compa- The SPEAKER pro tempore. The the right to object, is this the one pre- nies win this time.’’ These are the voices of Clerk will report the motion to recom- viously noticed and delivered a couple regular folks on North Carolina’s Main Streets mit. hours ago? Is that the motion to re- and country roads. The Clerk read as follows: commit? I just want to make sure it is Mr. Speaker, making sure every American Mr. Smith of Texas moves to recommit the exactly the same language. has access to affordable health insurance and bill (H.R. 4626) to the Committee on the Ju- The SPEAKER pro tempore. The high-quality health care is one of the most im- diciary, with instructions to report the bill pending motion is at the desk. Mr. DEFAZIO. I withdraw my res- portant challenges of our time. The health re- back to the House forthwith with the fol- ervation. form debate is about saving money and sav- lowing amendments: Strike subsection (a) of section 2 of the bill The SPEAKER pro tempore. Is there ing lives. At its core, health reform is all about and insert the following (and make such objection to the request of the gen- ensuring that American families and busi- technical and conforming changes as may be tleman from Texas? nesses have more choices, benefit from more appropriate): There was no objection. competition, and have greater control over (a) AMENDMENT TO MCCARRAN-FERGUSON The SPEAKER pro tempore. Pursu- their own health care. Repealing this exemp- ACT.—Section 3 of the Act of March 9, 1945 ant to the rule, the gentleman from tion is an important part of that effort. I urge (15 U.S.C. 1013), commonly known as the Texas is recognized for 5 minutes in McCarran-Ferguson Act, is amended by add- my colleagues to join me in taking a stand for support of the motion. the American people. ing at the end the following: ‘‘(c)(1) Nothing contained in this Act shall Mr. SMITH of Texas. Mr. Speaker, I Ms. ESHOO. Mr. Speaker, I rise today in modify, impair, or supersede the operation of support this motion to recommit on support of the Health Insurance Industry Fair any of the antitrust laws with respect to the H.R. 4626, the Health Insurance Indus- Competition Act. business of health insurance. For purposes of try Fair Competition Act. As I stated The McCarran-Ferguson Act, passed in the preceding sentence, the term ‘antitrust in my earlier comments, this legisla- 1945, exempted insurance companies from laws’ has the meaning given it in subsection tion does little, if anything. However, antitrust legislation that applies to most other (a) of the first section of the Clayton Act, ex- if you are going to do nothing, you business. The Health Insurance Industry Fair cept that such term includes section 5 of the might as well do it better. Competition Act removes the antitrust exemp- Federal Trade Commission Act to the extent This motion corrects three drafting that such section 5 applies to unfair methods tion for health insurance companies, requiring errors that create problems with the of competition. bill. First, it adds a definition for them to compete fairly and adhere to the ‘‘(2) Paragraph (1) shall apply only to same antitrust laws as others. No longer will health insurance issuer (as that term is de- health insurers that was absent from health insurers be allowed to price-fix, divide fined in section 2791 of the Public Health the base bill. If we are going to elimi- up territories among themselves, or sabotage Service Act (42 U.S.C. § 300gg-91) to the ex- nate McCarran-Ferguson for a limited their competitors in order to gain a monopoly tent that the issuer engages in the business subset of insurers, then we should clar- in the marketplace. Such practices have been of health insurance. ify who those insurers are. outlawed in other industries for decades. ‘‘(3)(A) Paragraph (1) shall not apply to— Second, this motion to recommit in- The Health Insurance Industry Fair Competi- ‘‘(i) collecting, compiling, classifying, or cludes the exchange of data provision disseminating historical loss data; that Mr. LUNGREN added at the Judici- tion Act will bring much needed reform to the ‘‘(ii) determining a loss development factor health insurance industry by allowing true ary Committee markup of a similar applicable to historical loss data; bill. It is necessary to ensure that competition between health insurers. Competi- ‘‘(iii) performing actuarial services if doing tion is what drives our economy, spurs innova- so does not involve a restraint of trade, or small and medium health insurers can tion, and ensures that the American consumer ‘‘(iv) information gathering and rate set- in fact compete in the marketplace. Third, the motion to recommit in- gets a fair deal. More competition means ting activities of a State insurance commission or other State regulatory entity with cludes language that protects the rate lower health insurance costs for higher quality gathering and rate setting activities of healthcare. authority to set insurance rates. ‘‘(B) The term ‘historical loss data’ means State insurance commissions. The ma- For too long, the health insurance exemp- information respecting claims paid, or re- jority assumes this will be protected by tion has led to higher premiums for consumers serves held for claims reported, by any per- the State action doctrine. But if Con- and contributed to the unsustainable increases son engaged in the business of insurance. gress is going to repeal a 65-year-old in health care costs. As a result, 94% of all ‘‘(C) The term ‘loss development factor’ law, shouldn’t we make clear that we health insurance markets are ‘‘highly con- means an adjustment to be made to the ag- do not want this to undermine State centrated’’—meaning consumers have little or gregate of losses incurred during a prior period of time that have been paid, or for insurance commissions? no choice between insurance providers. There Finally, the motion to recommit in- are only two industries in our country that are which claims have been received and reserves are being held, in order to estimate cludes a GAO study on the impact of exempt from antitrust laws—the health insur- the aggregate of the losses incurred during this legislation on competition in the ance industry and major league baseball. such period that will ultimately be paid.’’. health insurance market. Specifically, The American people deserve better than At the end of the bill, add the following the GAO must report on whether or not this and I’m proud to cast my vote in support (and make such technical and conforming this legislation has enhanced competi- of the Health Insurance Industry Fair Competi- changes as may be appropriate): tion, resulting in lower prices and new tion Act. SEC. 3. GAO REPORT. competitors in the market. Let’s put Mr. CONYERS. Mr. Speaker, I yield Three years after date of enactment of this political rhetoric aside and see what back the balance of my time. Act, the Government Accountability Office the bill really does. We shouldn’t be shall submit, to the Committee on the Judi- The SPEAKER pro tempore. All time afraid of the truth. has expired. ciary of the House of Representatives and the Committee on the Judiciary of the Sen- In short, this motion to recommit in- Pursuant to House Resolution 1098, cludes definitions and clarifications the previous question is ordered. ate, a report on whether this Act has reduced unfair competition in the health insurance that the majority has already included The question is on the engrossment market in each of the 50 States. Such report in earlier versions of this legislation and third reading of the bill. shall specify whether, as a result of this Act, that either were reported favorably by The bill was ordered to be engrossed the reduction in unfair competition, if any, the Judiciary Committee or were and read a third time, and was read the has resulted in increased price competition passed by the full House. This isn’t third time. in the business of health insurance. much of a bill, but let’s try to improve MOTION TO RECOMMIT Mr. SMITH of Texas (during the read- what little there is. Mr. SMITH of Texas. Mr. Speaker, I ing). Mr. Speaker, I ask unanimous I yield to the gentleman from Cali- have a motion to recommit at the consent that the motion be considered fornia, a senior member of the Judici- desk. as read. ary Committee.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1789 Mr. DANIEL E. LUNGREN of Cali- without loopholes? No more collusion The SPEAKER pro tempore. Does the fornia. Mr. Speaker, I would like to to get together, to conspire to limit gentleman seek unanimous consent to refer to that part of the motion to re- markets, coverage, and drive up rates. withdraw his words? commit that deals with the amend- The American people want and they Mr. WEINER. I would request unani- ment that I offered and that was con- need this protection. mous consent to substitute other tained in the bill that passed out of the Now, they say there is a study words. Judiciary Committee. It simply allows throughout that says this won’t save The SPEAKER pro tempore. That historical data to be utilized by insur- money. That study was actually based would require a withdrawal. ance companies large and small. This is on the language they are offering. Yes, Mr. WEINER. I ask unanimous con- something that is requested by the if we provide these loopholes it well sent to withdraw my words. small insurance companies, this is may not bring down rates. But if we The SPEAKER pro tempore. Is there something supported by the American don’t vote for their loopholes, we will objection to the request of the gen- Bar Association. Their representative bring down rates. The Consumer Fed- tleman from New York? who testified before our subcommittee eration of America says we will save There was no objection. on behalf of or in support of the under- $10 billion in ratepayer premiums next Mr. WEINER. How much time do I lying legislation supported this amend- year if we adopt this amendment have remaining? ment so that in fact small insurers straight up without their loopholes. The SPEAKER pro tempore. The gen- would not be disadvantaged. With that, I yield to the gentleman tleman from Oregon has 3 minutes re- Let’s get this right. There are some from California. maining. The gentleman from New York is rec- who have told me on the other side Mr. GARAMENDI. Thank you. Mr. Speaker, directly to Mr. LUN- ognized. that, well, we don’t need this because GREN’s proposed amendments, actually Mr. WEINER. Make no mistake it will be allowed by the U.S. Justice there are three major elements. If you about it: . . . Department or by the courts. We ought look at those major elements, they do Mr. DANIEL E. LUNGREN of Cali- not to wait for that. We ought to give in fact give the insurance industry the fornia. Mr. Speaker, I ask the gentle- some real solid certainty to insurance opportunity to collude, because that is man’s words be taken down once more. companies, particularly the small in- the data that sets future prices for con- The SPEAKER pro tempore. The gen- surance carriers. So if we wish to per- sumers as well as payments for doc- tleman will suspend. The gentleman mit the collection of historical data, tors. from New York will be seated. let’s make it clear what we intend. I know this business. I was the Insur- The Clerk will report the words. Just because we haven’t brought for- ance Commissioner in California for 8 Mr. WEINER. Mr. Speaker, I ask ward on this floor some answer to the years. And I know that if an insurance unanimous consent to withdraw the of- medical malpractice litigation issue is company is able to collude in col- fending comments. no reason for us to commit legislative lecting, compiling, classifying, or dis- The SPEAKER pro tempore. Is there malpractice here. We ought to do our seminating historic data and deter- objection to the request of the gen- job. We ought to not pass it on. mining a loss development factor, and tleman from New York? Now, there are a few people who finally, using actuarial services, they Mr. DANIEL E. LUNGREN of Cali- don’t think that historical data should have the power to collude. This is an fornia. Reserving the right to object, even be allowed. If that is the way they incredible loophole. It should never be has the Chair ruled as to whether the feel, I understand it. Most Members I allowed. gentleman’s words are inappropriate have spoken to believe it ought to be And the final point having to do with under the rules of the House and the allowed. They understand the absolute the insurance commissioners collecting precedents of the House? essence of it in terms of the continued data, nowhere in any antitrust laws are The SPEAKER pro tempore. There existence of small insurers across the States precluded from any collection of has been no ruling at this time. The country. data. This ought not be put forth. I ask gentleman has offered to withdraw the Let’s get it right. I have the language for a ‘‘no’’ vote. words. virtually the same that was contained Mr. DEFAZIO. I yield to the gen- Mr. DANIEL E. LUNGREN of Cali- in the majority’s health care bill that tleman from New York. fornia. I withdraw my reservation. passed just a couple of months ago. It Mr. WEINER. You know, you got to The SPEAKER pro tempore. Is there is the same as contained in the bipar- love these Republicans. I mean, you objection to the request of the gen- tisan bill that came out of our com- guys have chutzpah. The Republican tleman from New York? mittee. And most importantly, it is the Party is . . . That is the fact. They say There was no objection. same language contained in the various that, well, this isn’t going to do Mr. DEFAZIO. May I inquire as to bills presented to this House by the enough, but when we propose an alter- the time now that is left? late great Jack Brooks, chairman at native to provide competition, they are The SPEAKER pro tempore. The gen- that time of the House Judiciary Com- against it. They say that, well, we tleman from Oregon has 2 minutes and mittee, about whom Members on the want to strengthen State insurance 50 seconds remaining. other side have waxed eloquently. And commissioners, and they will do the Mr. DEFAZIO. I yield to the gen- in tribute to him, I would hope they job. But when we did that in our na- tleman from New York. would support the gentleman’s motion tional health care bill, they said we are Mr. WEINER. I thank you very much. to recommit that contains my amend- against it. They said they want to have But the point is very simple. There are ment. competition, and when we proposed re- inequities in the present way we dis- Mr. SMITH of Texas. I yield back the quiring competition, the Republicans tribute insurance, the way we dis- balance of my time. are against it. They are . . . That is the tribute health care. There are winners, Mr. DEFAZIO. Mr. Speaker, I rise in fact. and there are losers. The winners are opposition to the motion to recommit. Mr. DANIEL E. LUNGREN of Cali- the insurance industry. And our efforts The SPEAKER pro tempore. The gen- fornia. Mr. Speaker, I ask that the gen- to reel in the insurance profits, not tleman is recognized for 5 minutes. tleman’s words be taken down. just because they shouldn’t make prof- Mr. DEFAZIO. I thank the Speaker. The SPEAKER pro tempore. The gen- its—they’re doing what they’re sup- Simple question before the House tleman will suspend. The gentleman posed to. But what they’re doing is today. Should the health insurance in- from New York will be seated. driving up taxes, they’re driving our dustry live under the same antitrust The Clerk will report the words. economy into the ground, and we need rules and have the same consumer pro- Mr. WEINER. Mr. Speaker, I ask competition and choice to deal with tections as are provided for every other unanimous consent to address the that. That’s what this legislation does, major industry in America without House for the purpose of amending my and the motion to recommit under- special exception, without carve-outs, remarks. mines it.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1790 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 I’ve heard a couple of times today, With that, I yield back the balance of Rooney Simpson Tiberi well, we have an effort for bipartisan- my time. Ros-Lehtinen Smith (NE) Turner Roskam Smith (NJ) Upton ship here. No, there is not bipartisan- Mr. DANIEL E. LUNGREN of Cali- Royce Smith (TX) Walden ship on this fundamental issue; and fornia. Mr. Speaker, I would like to ask Ryan (WI) Souder Wamp that is, the people who sit on this side, unanimous consent if I might revise Scalise Stearns Westmoreland at the risk of offending anyone, gen- my remarks. I referred to Jack Brooks Schmidt Sullivan Whitfield Sensenbrenner Teague erally support the idea of standing up Wittman as the late great. I didn’t mean to sug- Sessions Terry Wolf for the American people in their daily gest that he is no longer with us. He is Shadegg Thompson (PA) Young (AK) battles against high insurance. And the great but he is not late. Shimkus Thornberry Young (FL) people, generally speaking, who sit on The SPEAKER pro tempore. Without Shuster Tiahrt this side of the Chamber, and specifi- objection. NAYS—249 cally speaking as well, in a lot of cases, There was no objection. Abercrombie Gordon (TN) Moore (WI) simply won’t permit that to happen The SPEAKER pro tempore. All time Ackerman Grayson Moran (VA) and haven’t for a generation. has expired. Altmire Green, Al Murphy (CT) That’s going to end now. That is Without objection, the previous ques- Andrews Green, Gene Murphy (NY) Arcuri Grijalva Murphy, Patrick going to end because we are going to tion is ordered on the motion to recom- have competition. We are going to Baca Gutierrez Nadler (NY) mit. Baird Hall (NY) Napolitano make sure that there are regulations, There was no objection. Baldwin Halvorson Neal (MA) and we’re going to make sure that the Barrow Hare Nye The SPEAKER pro tempore. The American people aren’t gouged. That’s Bean Harman Oberstar question is on the motion to recommit. what the American people stand for. Becerra Hastings (FL) Obey The question was taken; and the Berkley Heinrich Olver And time and time again people say, Speaker pro tempore announced that Berman Herseth Sandlin Ortiz well, I don’t really want to undermine Berry Higgins Owens the noes appeared to have it. this bill, I just want to weaken it to Bishop (GA) Hill Pallone Bishop (NY) Himes Pascrell the point that it’s meaningless. Mr. SMITH of Texas. Mr. Speaker, on that I demand the yeas and nays. Blumenauer Hinchey Pastor (AZ) And then I’ve heard my good friend Boccieri Hinojosa Payne from Texas say, well, this doesn’t do The yeas and nays were ordered. Boren Hirono Perlmutter anything. But every single time we’ve The SPEAKER pro tempore. Pursu- Boswell Hodes Perriello ant to clause 8 and clause 9 of rule XX, Boucher Holden Peters tried to do something, like a tiny sliver Boyd Holt Peterson of competition called the public option, this 15-minute vote on the motion to Brady (PA) Honda Pingree (ME) they’ve said, no; we can’t withstand recommit will be followed by 5-minute Braley (IA) Hoyer Polis (CO) competition. We can’t have that. votes on passage of H.R. 4626, if or- Brown, Corrine Inslee Pomeroy dered; and suspension of the rules with Butterfield Israel Price (NC) Enough of the phoniness. We are Cao Jackson (IL) Quigley going to solve this problem because for regard to House Resolution 1085. Capps Jackson Lee Rahall years our Republican friends have been The vote was taken by electronic de- Capuano (TX) Rangel unable to and unwilling to. Deal with vice, and there were—yeas 170, nays Cardoza Johnson (GA) Reyes Carnahan Johnson, E. B. Richardson it. 249, not voting 13, as follows: Carney Jones Rodriguez Mr. DEFAZIO. I thank the gentleman [Roll No. 63] Carson (IN) Kagen Ross Castor (FL) Kanjorski Rothman (NJ) for those remarks. YEAS—170 The SPEAKER pro tempore. The gen- Chandler Kaptur Roybal-Allard 1 Aderholt Diaz-Balart, M. Latta Childers Kennedy Ruppersberger tleman from Oregon has 1 ⁄2 minutes re- Adler (NJ) Dreier Lee (NY) Chu Kildee Rush maining. Akin Duncan Lewis (CA) Clarke Kilpatrick (MI) Ryan (OH) Mr. DEFAZIO. We have before us a Alexander Ehlers Linder Clay Kind Salazar simple question: Will we repeal a 62- Austria Emerson LoBiondo Cleaver Kirkpatrick (AZ) Sa´ nchez, Linda Bachmann Fallin Lucas Clyburn Kissell T. year old artifact that is a special favor Bachus Flake Luetkemeyer Cohen Klein (FL) Sanchez, Loretta for the insurance industry, an exemp- Bartlett Fleming Lummis Connolly (VA) Kosmas Sarbanes tion from the laws of the land of anti- Barton (TX) Forbes Lungren, Daniel Conyers Kratovil Schakowsky trust, which are designed to promote Biggert Fortenberry E. Cooper Kucinich Schauer Bilbray Foxx Mack Costa Langevin Schiff competition, to protect consumers, and Bilirakis Franks (AZ) Manzullo Costello Larsen (WA) Schrader for a free market economy. Bishop (UT) Frelinghuysen Marchant Courtney Larson (CT) Schwartz You can’t have a free market econ- Blackburn Gallegly Marshall Crowley Lee (CA) Scott (GA) omy when people can collude, when Boehner Garrett (NJ) McCarthy (CA) Cuellar Levin Scott (VA) Bonner Gerlach McCaul Cummings Lewis (GA) Serrano they can get together to limit markets Bono Mack Gingrey (GA) McCotter Dahlkemper Lipinski Sestak and competition, when companies be- Boozman Gohmert McHenry Davis (AL) Loebsack Shea-Porter come so huge they dominate urban Boustany Goodlatte McKeon Davis (CA) Lofgren, Zoe Sherman areas and entire States; one company. Brady (TX) Granger McMorris Davis (IL) Lowey Shuler Bright Graves Rodgers Davis (TN) Luja´ n Sires Consumers have virtually no choice in Broun (GA) Griffith Mica DeFazio Lynch Skelton much of America. They have to eat Brown (SC) Guthrie Miller (FL) DeGette Maffei Slaughter those huge rate increases or not. We Brown-Waite, Hall (TX) Miller (MI) Delahunt Markey (CO) Smith (WA) Ginny Harper Miller, Gary DeLauro Markey (MA) Snyder can take a meaningful step here today Buchanan Hastings (WA) Moran (KS) Dicks Massa Space to bring down the cost of health insur- Burgess Heller Murphy, Tim Doggett Matheson Speier ance for all Americans. The Consumer Burton (IN) Hensarling Myrick Donnelly (IN) Matsui Spratt Federation of America says this will Calvert Herger Neugebauer Doyle McCarthy (NY) Stupak Camp Hunter Nunes Driehaus McClintock Sutton save consumers $10 billion next year, Campbell Inglis Olson Edwards (MD) McCollum Tanner and they say that’s nothing. Well, say Cantor Issa Paul Edwards (TX) McDermott Taylor that to your consumers at home if you Capito Jenkins Paulsen Ellison McGovern Thompson (CA) Carter Johnson (IL) Pence Ellsworth McIntyre Thompson (MS) vote against this bill. Cassidy Johnson, Sam Petri Engel McMahon Tierney Creating these loopholes undermines Castle Jordan (OH) Platts Eshoo McNerney Titus the entire effort here today. We do not Chaffetz Kilroy Poe (TX) Etheridge Meek (FL) Tonko need these loopholes. We need this in- Coble King (IA) Posey Farr Meeks (NY) Towns Coffman (CO) King (NY) Price (GA) Fattah Melancon Tsongas dustry to play by the same rules as Cole Kingston Putnam Filner Michaud Van Hollen every other industry in America. Conaway Kirk Rehberg Foster Miller (NC) Vela´ zquez Vote against the motion to recom- Crenshaw Kline (MN) Roe (TN) Frank (MA) Miller, George Visclosky mit, and vote for competition and con- Culberson Lamborn Rogers (AL) Fudge Minnick Walz Deal (GA) Lance Rogers (KY) Garamendi Mitchell Wasserman sumer protection for all Americans in Dent Latham Rogers (MI) Giffords Mollohan Schultz health insurance. Diaz-Balart, L. LaTourette Rohrabacher Gonzalez Moore (KS) Waters

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1791 Watson Weiner Woolsey Forbes Lowey Rogers (KY) NAYS—19 Watt Welch Wu Fortenberry Lucas Rogers (MI) Akin Jenkins Price (GA) Waxman Wilson (OH) Yarmuth Foster Luetkemeyer Rohrabacher Boehner Jordan (OH) Ryan (WI) Foxx Luja´ n Rooney Brady (TX) King (IA) Sensenbrenner NOT VOTING—13 Frank (MA) Lummis Ros-Lehtinen Broun (GA) Lamborn Barrett (SC) Hoekstra Frelinghuysen Lungren, Daniel Tiahrt Schock Roskam Buyer Linder Blunt Maloney Fudge E. Westmoreland Stark Ross Franks (AZ) Moran (KS) Buyer Pitts Gallegly Lynch Wilson (SC) Rothman (NJ) Garrett (NJ) Paul Davis (KY) Radanovich Garamendi Mack Roybal-Allard Dingell Reichert Gerlach Maffei Royce NOT VOTING—8 Giffords Maloney Ruppersberger Barrett (SC) Hoekstra Reichert Gingrey (GA) Manzullo Rush b 1545 Gohmert Marchant Blunt Pitts Stark Ryan (OH) Dingell Radanovich Gonzalez Markey (CO) Salazar Ms. ESHOO, Messrs. BERRY, BOS- Goodlatte Markey (MA) Sa´ nchez, Linda ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE WELL, GONZALEZ, BUTTERFIELD, Gordon (TN) Marshall T. Granger Massa The SPEAKER pro tempore (during Ms. BERKLEY, Messrs. CLEAVER, Sanchez, Loretta Graves Matheson Sarbanes the vote). There are 2 minutes remain- GEORGE MILLER of California, Grayson Matsui Scalise ing in the vote. ORTIZ, WALZ, GUTIERREZ, Ms. Green, Al McCarthy (CA) Schakowsky ´ Green, Gene McCarthy (NY) VELAZQUEZ, Ms. ROYBAL-ALLARD, Schauer b 1555 Mr. CROWLEY, Ms. SUTTON, and Mr. Griffith McCaul Grijalva McClintock Schiff CHILDERS changed their vote from Schmidt So the bill was passed. Guthrie McCollum The result of the vote was announced ‘‘yea’’ to ‘‘nay.’’ Gutierrez McCotter Schock Hall (NY) McDermott Schrader as above recorded. Messrs. GINGREY of Georgia and Schwartz COLE changed their vote from ‘‘nay’’ Hall (TX) McGovern A motion to reconsider was laid on Halvorson McHenry Scott (GA) the table. to ‘‘yea.’’ Hare McIntyre Scott (VA) So the motion to recommit was re- Harman McKeon Serrano f jected. Harper McMahon Sessions Hastings (FL) McMorris Sestak HONORING THE CONTRIBUTIONS The result of the vote was announced Hastings (WA) Rodgers Shadegg as above recorded. Heinrich McNerney Shea-Porter OF AFRICAN AMERICANS TO THE The SPEAKER pro tempore. The Heller Meek (FL) Sherman TRANSPORTATION AND INFRA- question is on the passage of the bill. Hensarling Meeks (NY) Shimkus STRUCTURE OF THE UNITED Herger Melancon Shuler STATES The question was taken; and the Herseth Sandlin Mica Shuster Speaker pro tempore announced that Higgins Michaud Simpson The SPEAKER pro tempore. The un- the ayes appeared to have it. Hill Miller (FL) Sires finished business is the vote on the mo- Himes Miller (MI) Skelton Mr. SMITH of Texas. Mr. Speaker, on Hinchey Miller (NC) Slaughter tion to suspend the rules and agree to that I demand the yeas and nays. Hinojosa Miller, Gary Smith (NE) the resolution, H. Res. 1085, on which The yeas and nays were ordered. Hirono Miller, George Smith (NJ) the yeas and nays were ordered. The SPEAKER pro tempore. This Hodes Minnick Smith (TX) The Clerk read the title of the resolu- Holden Mitchell Smith (WA) will be a 5-minute vote. Holt Mollohan Snyder tion. The vote was taken by electronic de- Honda Moore (KS) Souder The SPEAKER pro tempore. The vice, and there were—yeas 406, nays 19, Hoyer Moore (WI) Space question is on the motion offered by Hunter Moran (VA) not voting 8, as follows: Speier the gentlewoman from Florida (Ms. Inglis Murphy (CT) Spratt [Roll No. 64] Inslee Murphy (NY) Stearns CORRINE BROWN) that the House sus- Israel Murphy, Patrick Stupak pend the rules and agree to the resolu- YEAS—406 Issa Murphy, Tim Sullivan Abercrombie Brown (SC) Courtney Jackson (IL) Myrick tion, H. Res. 1085. Sutton Ackerman Brown, Corrine Crenshaw Jackson Lee Nadler (NY) This will be a 5-minute vote. Tanner Aderholt Brown-Waite, Crowley (TX) Napolitano Taylor The vote was taken by electronic de- Adler (NJ) Ginny Cuellar Johnson (GA) Neal (MA) Teague vice, and there were—yeas 419, nays 0, Alexander Buchanan Culberson Johnson (IL) Neugebauer Terry Altmire Burgess Cummings Johnson, E. B. Nunes not voting 13, as follows: Thompson (CA) Andrews Burton (IN) Dahlkemper Johnson, Sam Nye Thompson (MS) [Roll No. 65] Arcuri Butterfield Davis (AL) Jones Oberstar Thompson (PA) Austria Calvert Davis (CA) Kagen Obey YEAS—419 Thornberry Baca Camp Davis (IL) Kanjorski Olson Abercrombie Bonner Carter Bachmann Campbell Davis (KY) Kaptur Olver Tiberi Ackerman Bono Mack Cassidy Bachus Cantor Davis (TN) Kennedy Ortiz Tierney Aderholt Boozman Castle Baird Cao Deal (GA) Kildee Owens Titus Adler (NJ) Boren Castor (FL) Baldwin Capito DeFazio Kilpatrick (MI) Pallone Tonko Akin Boswell Chaffetz Barrow Capps DeGette Kilroy Pascrell Towns Alexander Boucher Chandler Bartlett Capuano Delahunt Kind Pastor (AZ) Tsongas Altmire Boustany Childers Barton (TX) Cardoza DeLauro King (NY) Paulsen Turner Andrews Boyd Chu Bean Carnahan Dent Kingston Payne Upton Arcuri Brady (PA) Clarke Becerra Carney Diaz-Balart, L. Kirk Pelosi Van Hollen Austria Brady (TX) Clay Berkley Carson (IN) Diaz-Balart, M. Kirkpatrick (AZ) Pence Vela´ zquez Baca Braley (IA) Cleaver Berman Carter Dicks Kissell Perlmutter Visclosky Bachmann Bright Clyburn Berry Cassidy Doggett Klein (FL) Perriello Walden Bachus Broun (GA) Coble Biggert Castle Donnelly (IN) Kline (MN) Peters Walz Baird Brown (SC) Coffman (CO) Bilbray Castor (FL) Doyle Kosmas Peterson Wamp Baldwin Brown, Corrine Cohen Bilirakis Chaffetz Dreier Kratovil Petri Wasserman Barrow Brown-Waite, Cole Bishop (GA) Chandler Driehaus Kucinich Pingree (ME) Schultz Bartlett Ginny Conaway Bishop (NY) Childers Duncan Lance Platts Waters Barton (TX) Buchanan Connolly (VA) Bishop (UT) Chu Edwards (MD) Langevin Poe (TX) Watson Bean Burgess Conyers Blackburn Clarke Edwards (TX) Larsen (WA) Polis (CO) Watt Becerra Burton (IN) Cooper Blumenauer Clay Ehlers Larson (CT) Pomeroy Waxman Berkley Butterfield Costa Boccieri Cleaver Ellison Latham Posey Weiner Berman Buyer Costello Bonner Clyburn Ellsworth LaTourette Price (NC) Welch Berry Calvert Courtney Bono Mack Coble Emerson Latta Putnam Whitfield Biggert Camp Crenshaw Boozman Coffman (CO) Engel Lee (CA) Quigley Wilson (OH) Bilbray Campbell Crowley Boren Cohen Eshoo Lee (NY) Rahall Wilson (SC) Bilirakis Cantor Cuellar Boswell Cole Etheridge Levin Rangel Wittman Bishop (GA) Cao Cummings Boucher Conaway Fallin Lewis (CA) Rehberg Wolf Bishop (NY) Capito Dahlkemper Boustany Connolly (VA) Farr Lewis (GA) Reyes Woolsey Bishop (UT) Capps Davis (CA) Boyd Conyers Fattah Lipinski Richardson Wu Blackburn Capuano Davis (IL) Brady (PA) Cooper Filner LoBiondo Rodriguez Yarmuth Blumenauer Carnahan Davis (KY) Braley (IA) Costa Flake Loebsack Roe (TN) Young (AK) Boccieri Carney Davis (TN) Bright Costello Fleming Lofgren, Zoe Rogers (AL) Young (FL) Boehner Carson (IN) Deal (GA)

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1792 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 DeFazio Kanjorski Oberstar Thompson (CA) Van Hollen Welch his shoulder, the star-spangled banner over DeGette Kaptur Obey Thompson (MS) Vela´ zquez Westmoreland his head,’’ later remarking that ‘‘there is no Delahunt Kennedy Olson Thompson (PA) Visclosky Whitfield power on Earth which can deny that he has DeLauro Kildee Olver Thornberry Walden Wilson (OH) Dent Kilpatrick (MI) Ortiz Tiahrt Walz earned the right to citizenship in the United Wilson (SC) States.’’; Diaz-Balart, L. Kilroy Owens Tiberi Wamp Wittman Whereas during the Civil War, Black sol- Diaz-Balart, M. Kind Pallone Tierney Wasserman Wolf Dicks King (IA) Pascrell Titus Schultz Woolsey diers, commonly referred to as the United Doggett King (NY) Pastor (AZ) Tonko Waters Wu States Colored Troops, were treated as sec- Donnelly (IN) Kingston Paul Towns Watson Yarmuth ond-class citizens, the health care and hos- Doyle Kirk Paulsen Tsongas Watt Young (AK) pitals available to them were substandard, Dreier Kirkpatrick (AZ) Payne Turner Waxman Driehaus Kissell Pence Upton Weiner Young (FL) and they often died from neglect of services Duncan Klein (FL) Perlmutter that was supposed to be administered by Edwards (MD) Kline (MN) Perriello NOT VOTING—13 medical personnel; Edwards (TX) Kosmas Peters Barrett (SC) Dingell Radanovich Whereas Dr. W.E.B. DuBois and William Ehlers Kratovil Peterson Blunt Hoekstra Reichert Monroe Trotter, members of the first genera- Ellison Kucinich Petri Cardoza Linder Stark tion of freedom’s children, founded the Niag- Ellsworth Lamborn Pingree (ME) Culberson Miller, George ara Movement in 1905; Emerson Lance Platts Davis (AL) Pitts Engel Langevin Poe (TX) Whereas in his book, ‘‘Black Reconstruc- Eshoo Larsen (WA) Polis (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion in America’’, published in 1935, DuBois Etheridge Larson (CT) Pomeroy The SPEAKER pro tempore (during wrote that ‘‘[n]othing else made Negro citi- Fallin Latham Posey the vote). There are 2 minutes remain- zenship conceivable, but the record of the Farr LaTourette Price (GA) Negro soldier as a fighter.’’; Fattah Latta Price (NC) ing on this vote. Whereas the 369th Infantry, known as the Filner Lee (CA) Putnam Harlem Hell-fighters, fought the Germans Flake Lee (NY) Quigley b 1605 during World War I as part of the French Fleming Levin Rahall So (two-thirds being in the affirma- Forbes Lewis (CA) Rangel Army and served the longest stretch in com- Fortenberry Lewis (GA) Rehberg tive) the rules were suspended and the bat—191 days without replacement—without Foster Lipinski Reyes resolution was agreed to. losing a foot of ground or a man as prisoner; Foxx LoBiondo Richardson The result of the vote was announced Whereas at the end of the service of the Frank (MA) Loebsack Rodriguez as above recorded. 369th Infantry, the entire regiment received Franks (AZ) Lofgren, Zoe Roe (TN) the Croix de Guerre, which was France’s Frelinghuysen Lowey Rogers (AL) A motion to reconsider was laid on highest military honor, from a grateful Fudge Lucas Rogers (KY) the table. Gallegly Luetkemeyer Rogers (MI) French nation; Garamendi Luja´ n Rohrabacher f Whereas Alain Locke, the first black Garrett (NJ) Lummis Rooney ANNOUNCEMENT BY THE SPEAKER Rhodes Scholar, wrote in 1925 about a ‘‘New Gerlach Lungren, Daniel Ros-Lehtinen Negro’’ who had returned from battle with a Giffords E. Roskam PRO TEMPORE bold new spirit that helped spark a new Gingrey (GA) Lynch Ross The SPEAKER pro tempore (Mr. mood in the Black community; Gohmert Mack Rothman (NJ) Gonzalez Maffei Roybal-Allard MCMAHON). Pursuant to clause 8 of rule Whereas in 1917, Charles Hamilton Houston Goodlatte Maloney Royce XX, the Chair will postpone further encountered racism after entering World Gordon (TN) Manzullo Ruppersberger proceedings today on motions to sus- War I as a commissioned first lieutenant in Granger Marchant Rush the segregated 17th Provisional Training Graves Markey (CO) Ryan (OH) pend the rules on which a recorded vote Regiment, later writing that ‘‘I made up my Grayson Markey (MA) Ryan (WI) or the yeas and nays are ordered, or on mind that if I got through this war I would Green, Al Marshall Salazar which the vote incurs objection under study law and use my time fighting for men Green, Gene Massa Sa´ nchez, Linda clause 6 of rule XX. Griffith Matheson T. who could not strike back.’’; Grijalva Matsui Sanchez, Loretta Record votes on postponed questions Whereas Dorie Miller, a messman attend- Guthrie McCarthy (CA) Sarbanes will be taken later. ant in the Navy, was catapulted to national Gutierrez McCarthy (NY) Scalise hero status and an icon to generations, after f Hall (NY) McCaul Schakowsky displaying heroism on board the USS West Hall (TX) McClintock Schauer RECOGNIZING THE DIFFICULT Virginia during the Japanese attack on Halvorson McCollum Schiff Pearl Harbor on December 7, 1941; Hare McCotter Schmidt CHALLENGES AND HEROISM OF Whereas before becoming a famous base- Harman McDermott Schock BLACK VETERANS Harper McGovern Schrader ball player, Jackie Robinson was court- Hastings (FL) McHenry Schwartz Mr. FILNER. Mr. Speaker, I move to martialed in the Army for refusing to sit in Hastings (WA) McIntyre Scott (GA) suspend the rules and agree to the con- the back of the bus in 1944, and when he was Heinrich McKeon Scott (VA) current resolution (H. Con. Res. 238) later acquitted, he wrote that ‘‘[i]t was a Heller McMahon Sensenbrenner recognizing the difficult challenges small victory, for I had learned that I was in Hensarling McMorris Serrano two wars, one against the foreign enemy, the Herger Rodgers Sessions Black veterans faced when returning other against prejudice at home.’’; Herseth Sandlin McNerney Sestak home after serving in the Armed Whereas the famed Tuskegee Airmen, a Higgins Meek (FL) Shadegg Forces, their heroic military sacrifices, Hill Meeks (NY) Shea-Porter group of Black pilots, flew with distinction Himes Melancon Sherman and their patriotism in fighting for during World War II under the command of Hinchey Mica Shimkus equal rights and for the dignity of a Captain Benjamin O. Davis, Jr., the highly Hinojosa Michaud Shuler people and a Nation. decorated officer who served for more than 35 Hirono Miller (FL) Shuster years and became the first Black general in Hodes Miller (MI) Simpson The Clerk read the title of the con- Holden Miller (NC) Sires current resolution. the Air Force; Holt Miller, Gary Skelton The text of the concurrent resolution Whereas during World War II, the 6888 Honda Minnick Slaughter is as follows: (known as the ‘‘Six Triple Eights’’), the first Hoyer Mitchell Smith (NE) all-woman Black Postal Battalion who Hunter Mollohan Smith (NJ) H. CON. RES. 238 served in England and then France, were Inglis Moore (KS) Smith (TX) Whereas there has been no war fought by given the daunting task of clearing out a Inslee Moore (WI) Smith (WA) or within the United States in which Blacks two-year backlog of over 90,000 pieces of Israel Moran (KS) Snyder Issa Moran (VA) Souder did not participate, including the Revolu- mail, succeeded in their mission, completed Jackson (IL) Murphy (CT) Space tionary War, the Civil War, the War of 1812, it in three months, and went on to make a Jackson Lee Murphy (NY) Speier the Spanish American War, World Wars I and positive impact on racial integration in the (TX) Murphy, Patrick Spratt II, the Korean War, the Vietnam War, the military; Jenkins Murphy, Tim Stearns Gulf War, Operation Enduring Freedom, and Whereas during World War II, the Army’s Johnson (GA) Myrick Stupak Operation Iraqi Freedom; 92nd Infantry Division, better known as the Johnson (IL) Nadler (NY) Sullivan Whereas Frederick Douglass voiced his ‘‘Buffalo Soldiers’’, which traces its direct Johnson, E. B. Napolitano Sutton Johnson, Sam Neal (MA) Tanner opinion in one of his autobiographies, ‘‘Life lineage back to the 9th and 10th Cavalry Jones Neugebauer Taylor and Times of Frederick Douglass’’, writing, units from 1866 to the early 1890s, was the Jordan (OH) Nunes Teague ‘‘I . . . urged every man who could, to enlist; only Black segregated unit to experience Kagen Nye Terry to get an eagle on his button, a musket on combat during the Italian campaign of 1944–

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1793 45 with several members later earning Med- Mr. FILNER. Mr. Speaker, I yield Americans have answered the call of als of Honor for bravery; myself such time as I may consume. Frederick Douglass, who said, every Whereas Reverend Benjamin Hooks, who I rise in support of House Concurrent man that could to enlist, to get an served in the 92nd Division, found himself in Resolution 238, the critical and essen- eagle on their button, a musket on the humiliating position of guarding Italian prisoners of war who were allowed to eat in tial role of black veterans in the civil their shoulder, and a star-spangled restaurants that were off-limits to him; rights movement, sponsored by the banner over their head. Whereas even after President Truman gentleman from North Carolina (Mr. Throughout the years, we have seen issued Executive Order 9981 desegregating KISSELL). I want to thank my col- great heroic acts from African Ameri- the military on July 26, 1948, discrimination leagues in the House and especially on cans, whether individually or as part of continued; the Committee on Veterans’ Affairs, a unit. And to recognize some of these Whereas in 1946, when Charles and Medgar Ms. CORRINE BROWN from Florida par- today, I would like to bring forth the Evers tried to register to vote, they were ticularly, for being original cosponsors 369th Infantry, the Harlem turned away at the polling station; and bringing this to the House floor as Hellfighters, who, during World War I, Whereas after serving overseas in the went to Europe and were loaned to the Army, Charles and Medgar Evers returned quickly as we did. I want to also recog- home to Mississippi where, in 1952, they nize the National Association for Black French to fight with them. They began to organize voter registration drives Veterans, the NAACP, and other civil fought for 191 straight days without re- for the National Association for the Ad- rights organizations for their contin- placements, without giving up any vancement of Colored People (NAACP); ued hard work to ensure equality of grounds, and without losing any of Whereas Oliver L. Brown, a World War II rights for all persons. their members as prisoners. The Army veteran from Kansas, and Harry The proposed resolution honors the French so appreciated the 369th, they Briggs, a World War II sailor from South heroic sacrifices of black veterans and gave them the Croix de Guerre, the Carolina, were the fathers of two of the five highest honor the French can give any named plaintiffs in Brown v. Board of Edu- recognizes the fundamental role that those veterans played in the evolution unit of the military. cation of Topeka and Briggs v. Elliott, the Individuals such as Dorie Miller, who historic school desegregation cases of 1954; of the civil rights movement. It recog- Whereas the Black heroes and heroines of nizes, also, the difficult challenges that won great fame while he worked in the World War II and the Korean War, such as black veterans face when returning mess in the Battleship West Virginia, Private Sarah Keys and Women’s Army home after serving in the Armed on December 7, 1941, he rose to the Corps (WAC) officer Dovey Roundtree, won Forces and encourages the Department decks and he fought back in the great significant victories against discrimination of Veterans Affairs to continue work- epic battle of Pearl Harbor and became in interstate transportation in landmark ing to eliminate any health and benefit a national hero. civil rights cases, including Keys v. Carolina Jackie Robinson. He fought for his disparities for minority veterans. I Coach Company, which was decided in 1955, Nation and he fought against the seg- note that this resolution derived from six days before Rosa Parks’ historic protest regation of the military long before he of Alabama’s Jim Crow laws in Montgomery; a similar unabridged resolution ap- took on the battle of integrating pro- Whereas in his address at Riverside Church proved by the NAACP during its cen- fessional baseball. on April 4, 1967, Dr. Martin Luther King, Jr., tennial convention in July of 2009, commented on the irony of Blacks fighting The famous Tuskegee Airmen, led by which I had the privilege to attend and Captain Benjamin Davis, the Tuskegee in Vietnam to guarantee liberties in South- participate. east Asia while not enjoying the same rights Airmen, who fought in the airplane This resolution represents a small at home; designated the P–51, the Mustang. They Whereas Black veterans who were in the token of gratitude that Congress can had the famous red tail. The red tails forefront of the leadership of the Civil Rights provide for these veterans who have became famous in the air over Europe Movement, with their strong resolve to ad- sacrificed so much for our country, during World War II. Our bomber crews dress the paradox of military service abroad often in the face of tremendous chal- always looked for the red tails, because and the denial of basic rights at home, lenges, and serves also as a reminder brought deeper meaning to the word ‘‘democ- there was not a single bomber lost to that we have a long way to go. enemy fighters while the red tails were racy’’, and through their example, trans- I will yield for as much time as he formed the face of the United States; protecting them. may consume to Mr. KISSELL of North Whereas the Black veterans of the Nation’s In the 92d Infantry, the only all- wars sowed the seeds for today’s bountiful Carolina. black infantry to fight in Italy, many harvest through the Niagara Movement, the Mr. KISSELL. Thank you, Mr. Chair- members of which won the Congres- NAACP, and the latter-day Civil Rights man. sional Medal of Honor, a military unit Mr. Speaker, I also rise in full sup- Movement, all of which share a common an- that was the direct descendant of the cestry in the Civil War, without which there port of House Concurrent Resolution Buffalo Soldiers of the 9th and 10th would be no Civil Rights Movement and no 238. I would like to thank Chairman Cavalry that was active from 1866 into equal rights for all Americans; and FILNER and Representative BROWN and Whereas today, Black veterans suffer at a the early 1890s. others that made this bill possible. But all too often these veterans, once disproportionate rate from chronic illnesses As a son of a World War II veteran and homelessness and are plagued by health again, had to come home and be treat- disparities: Now, therefore, be it and coming from a part of North Caro- ed as second-class citizens. Even after Resolved by the House of Representatives (the lina that has a high proportion of vet- Harry Truman issued the Executive Senate concurring), That Congress recog- erans and as a student of history, we order to integrate the military, it was nizes— take full honor and pride in any oppor- (1) the difficult challenges Black veterans not until many years that we saw eq- tunity to talk about our veterans and uity even begin to be approached. faced when returning home after serving in what they’ve done for our Nation the Armed Forces, their heroic military sac- throughout history. It is with great b 1615 rifices, and their patriotism in fighting for equal rights and for the dignity of a people pride that, during this Black History So many of these veterans came and a Nation; and Month, we have the opportunity to rec- home and took prominent roles in the (2) the need for the Department of Vet- ognize the contributions of African civil rights movement, and it meant so erans Affairs to continue to work to elimi- American veterans and what they have much to their communities and to this nate any health and benefit disparities for done for our Nation. Nation as we move forward. our Nation’s minority veterans. Throughout history, they have an- Mr. Speaker, so often as we look at The SPEAKER pro tempore. Pursu- swered the call, from the Revolu- the big picture of our legislation and of ant to the rule, the gentleman from tionary War on. African Americans our resolutions, we always know that California (Mr. FILNER) and the gen- have fought for this Nation often as it comes back to individuals. I would tleman from Louisiana (Mr. CAO) each second-class citizens and often coming like to take a moment of personal will control 20 minutes. home as veterans and not enjoying the privilege to talk about a family from The Chair recognizes the gentleman full benefits and the rights of our Na- my hometown in Biscoe, North Caro- from California. tion. Throughout the years, African lina. It is a family with a mother who

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1794 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 was a lady extraordinaire, Ms. Kagel, Americans in 1814–1815 in the Battle of ing to the word ‘‘democracy.’’ Their ex- with many sons and daughters and New Orleans, which was really the bat- emplary actions and activism on behalf grandsons and granddaughters who tle for New Orleans from British con- of civil rights emboldened many others contributed so much to our community trol, the United States would not have to participate in the NAACP, in the and still do. She had four sons who the New Orleans we know and love Southern Christian Leadership Con- served our Nation—Pete, Jimmy, Lee, today. ference, and in other civil rights orga- and Dan—who are my friends. Today, there are more military vet- nizations and activities. Ultimately, of Jimmy and I are members of the erans who are African American than course, they transformed the face of same church. any other minority group. I am proud democracy in America. Let me talk about Dan for just a sec- to represent Orleans and Jefferson Par- Even though we have made great ond. He is a veteran of the Korean war. ishes, which have large populations of progress, black Americans, who were He was in the Air Force, and he worked African American veterans and mem- once denied the right to serve side by at the school that I attended when I bers of the Armed Forces. side in battle with other Americans, was in elementary school. He had the Mr. Speaker, I urge all of my col- have achieved some of the highest patience to answer many questions leagues to support House Concurrent ranks in our military and government: from my friends and me about his serv- Resolution 238. Benjamin O. Davis, Sr., the first black ice. While I grew to know Dan as a I yield back the balance of my time. general in the Army; Benjamin O. friend, as a man, and as many things, I Mr. FILNER. I thank the gentleman Davis, Jr., the first black four-star gen- from North Carolina for his personal thought of him, first and foremost, as a eral in the Air Force, who led the story. veteran because he represented, as we Tuskegee Airmen during World War II; Mr. Speaker, we have heard that are honoring here today, the African black citizens of our country have and General Colin Powell, the first Americans who went and served our made incredible sacrifices for our Na- black Joint Chief of Staff. These men Nation and who then came back and tion. Yet, even with those sacrifices, are just to name a few. Unfortunately today, Mr. Speaker, served our communities. many black veterans face tremendous This resolution recognizes the ac- black veterans are more likely to be challenges in the fight for civil lib- complishments of these veterans. It erties both at home and while they are homeless, are more likely to receive also recognizes the inequities that have serving. less than honorable discharges, and are been in the VA system for too long. It I want to recognize, Mr. Speaker, be- more likely to suffer from disparities calls upon the VA to always try to cause he is in the gallery, Joe Wynn of in treatment and access for many make sure that the inequities in terms the Black Veterans of America, who chronic illnesses, such as hypertension, of benefits and in terms of how ill- has brought us this resolution. We kidney dysfunction, respiratory dis- nesses are treated are ironed out and thank him for all of his work on behalf ease, substance abuse, diabetes, cancer, are made equal as we move forward. of equality for all Americans. as well as post-traumatic stress dis- Mr. CAO. I yield myself such time as ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE order. I may consume. The SPEAKER pro tempore (Mr. So I wholeheartedly urge the passage Mr. Speaker, I rise in support of GARAMENDI). Members are reminded of this resolution in the hope that we House Concurrent Resolution 238, a res- not to refer to people in the gallery. will not only recognize those who olution in honor of black veterans— Mr. FILNER. This resolution recog- blazed the trail for us but that we will their patriotism and their heroic mili- nizes the soldiers and patriots who had increase awareness of the need to con- tary service and sacrifices on behalf of to fight in both types of wars, and it tinue the advancement of civil rights our Nation. helps to memorialize and to serve as a and liberties for all Americans. It is appropriate in this last week of testament to their great spirit and de- I urge the VA specifically to recog- Black History Month that we honor termination. nize the unique struggle of many mi- and recognize the contributions of We’ve heard about Jackie Robinson, nority veterans and to, accordingly, black Americans who fought in the but as a member of the Army before be- ensure that they receive all of the ben- Armed Forces for our Nation’s freedom coming the famous baseball player who efits and care that they have earned from the time of the American Revolu- broke the color barrier, he once sug- and that they deserve. Passing this res- tion through today’s fighting force. gested that he was in two wars—one olution is the least we can do for these This resolution only lists a few of the against the foreign enemy, the other veterans who have done so much for countless deeds and individuals who against prejudice at home. our country. fought for freedom despite racial preju- Charles Hamilton Houston, who I urge the passage of this legislation. dices they faced during their service served as a commissioned 1st lieuten- GENERAL LEAVE and following their return from com- ant in the 17th Provisional Training Mr. FILNER. Mr. Speaker, I ask bat. Regiment during World War I, boldly unanimous consent that all Members Clearly, these brave warriors’ love stated after encountering racism, ‘‘I may have 5 legislative days in which to for our Nation is rooted in the love of made up my mind that if I got through revise and extend their remarks. freedom itself. They fought to help the this war I would study law and use my The SPEAKER pro tempore. Is there United States of America become and time fighting for men who could not objection to the request of the gen- remain that which our Founding Fa- strike back.’’ As we know, he became a tleman from California? thers envisioned—the shining city on famed civil rights lawyer and was the There was no objection. the hill and the beacon of freedom and chief legal strategist behind Brown v. Mr. RANGEL. Mr. Speaker, I rise today to hope for all people. Board of Education. recognize the challenges and difficulties that I would like to thank the sponsor of In seeing this paradox of fighting for our Black veterans encounter as they embark this legislation, Mr. KISSELL of North the promise of liberty and freedom on reintegrating to civilian life. I would also like Carolina, as well as Chairman FILNER, abroad and experiencing the denial of to commend the Honorable LARRY KISSELL for Ranking Member BUYER, and Ms. basic rights at home, black veterans introducing H. Con. Res. 238, and his convic- BROWN for their work in bringing this were often in the forefront of the lead- tion on recognizing the importance of their legislation to the floor so quickly. ership of the civil rights movement. military sacrifices and patriotism. African Americans have contributed For instance, Civil War veterans later The story of the African American soldier is greatly to our Nation and also to the became champions for equal pay in the one of extraordinary faith, hope and deter- State of Louisiana, in particular, for military, and many World War II and mination in the face of bitter disappointment centuries by defending our freedoms in Korean war veterans came home and over denial of their well-earned rights to full the Armed Forces, even at a time when organized voter registration drives. citizenship. It is a story of inspiration, leader- they, themselves, were not free. Had it Mr. Speaker, by their heroic deeds, ship and a refusal to accept ‘‘no’’ for an an- not been for the service of African black Americans brought deeper mean- swer. Ultimately, it is a story of their victory

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1795 over legal segregation and discrimination. movement through their courage and strength Ms. Greene has been both a national Their story speaks of their long struggle for to change the status quo and fight for equality. leader and a leader in our hometown of equality and willingness, in each instance, to Black Veterans have time and time again Knoxville. By the way, she still attends forsake violence in their struggle for justice. proven their loyalty and patriotism to a country many events, and is always dressed Black Americans have fought for their coun- they were instrumental in building. They have like a fashion model. She has served on try going back to the Revolutionary War when led the charge in breaking the shackles of the national board of directors for the 5,000 Black men risked their lives in the cause slavery and discrimination. We must stand in NAACP, and has been a delegate to nu- of independence. Serving in the Continental support of our brave men and women in the merous Republican national conven- Army, mostly as infantry and artillerymen, they Armed Forces as they return in increasing tions. fought in the first battles at Lexington and numbers to find that their employment pros- My father served as mayor of Knox- Concord, and crossed the Delaware with pects are limited. Others are suffering the det- ville for almost 6 years from early 1959 George Washington. Overwhelmingly, they re- rimental effect of multiple deployments and through the end of 1964. During that sisted the enticements of the British enemy, PTSD. time, Knoxville received the All-Amer- who offered promises of freedom if they would It is our duty as a nation to assist those who ican City award from Look magazine, join the Redcoats. Yet, after the victory, the have so valiantly fought for our freedoms by primarily because it had the most first of Black America’s military heroes were providing the tools necessary for them to fairly peaceful integration of almost any met, not with parades or accolades, but with compete in the job market whether it is psy- major city. Sarah Moore Greene and whips and chains as they as they surrendered chological counseling for trauma experienced my father led the effort to peacefully their weapons for bondage on the plantation. while in combat or job training to bolster the integrate our city. African Americans also served in the War of unique skill sets they have acquired during Mrs. Greene has touched thousands 1812 when the Battalion of Free Men of Color their time in the service. of lives in good and positive ways helped to save New Orleans in a counter- Mr. KISSELL. Mr. Speaker, a constituent of through her years as a teacher and attack against the British invaders. The nation mine, Michael Lawson, recently told me about through her work in the community. reneged on the rhetoric of General and later the little known role the first all black fighting She has helped countless numbers, president Andrew Jackson who told the Black regiment had during WWI. young and old, but her special love is fighters, ‘‘You surprised my hopes. The nation The 15th New York Infantry, ‘‘The Harlem her children, both the hundreds she will applaud your valor.’’ Hellfighters,’’ later federally designated as the taught and the thousands who have at- Fifty years later, in the Civil War, 200,000 369th Regiment Army. They served valiantly, tended the Sarah Moore Greene Ele- Black men took up arms and manned military including 191 days without a replacement and mentary School. vessels, one out of ten of the entire Union never lost a prisoner or a foot of ground. He Mr. Speaker, this Nation is a better army. Among the most famous was the 54th said there had been no formal American rec- place today because of my friend Sarah Massachusetts Infantry Regiment, which ognition of the dedication and sacrifice of Moore Greene, a great American. gained its modern-day fame in ‘‘Glory,’’ a these young men. The French did recognize f movie depiction of their heroic attack in the them with the Croix de Guerre, their highest SORROW AND OUTRAGE AT THE first wave of the assault on the beaches of military honor as well as a monument dedi- DEATH OF CUBAN DISSIDENT Charleston. The regiment was wiped out. cated by a grateful French government. ORLANDO ZAPATA TAMAYO Black soldiers not only had fought well, they Michael knew all about the Harlem (Mr. MCGOVERN asked and was provided the margin for victory when finally Hellfighters because his grandfather, MAJ given permission to address the House called upon as reinforcements by President Melville T. Miller, served more than 50 years for 1 minute and to revise and extend Lincoln to bolster the devastated Union army. in the U.S. Army through two World Wars and his remarks.) But even following this victory in the Civil War, the Korean War. Major Miller began his serv- Mr. MCGOVERN. Mr. Speaker, I want when they fought not just to preserve the ice as a member of the unit when he was just to express my deepest sorrow and out- Union but to end slavery in the existing states, 16 years old. rage at the death of Cuban dissident the nation went back on its promises. While Mr. FILNER. Mr. Speaker, I yield Orlando Zapata Tamayo. Imprisoned Emancipation had ended the evil practice of back the balance of my time. since 2003, he had been on a hunger legal slavery and allowed a short breathing The SPEAKER pro tempore. The strike for several weeks. He first heard space of freedom and political participation, question is on the motion offered by he was seriously ill last week, and yes- less than two decades later Black Americans the gentleman from California (Mr. terday, he died at the prison clinic. were bound by the new set of legal shackles FILNER) that the House suspend the Zapata Tamayo paid the ultimate of Reconstruction and Jim Crow. rules and agree to the concurrent reso- sacrifice for his commitment to chang- Regardless of these negative cir- lution, H. Con. Res. 238. ing Cuba’s system. He commands our cumstances, Black troops broke the societal The question was taken. respect. No one has starved himself to constraints. One such group, the 369th Har- The SPEAKER pro tempore. In the death in a Cuban prison in over 40 lem Hellfighters, was the first African American opinion of the Chair, two-thirds being years. Surely, the Cuban Government Regiment during World War I. Faced with sur- in the affirmative, the ayes have it. could have and should have intervened mounting discrimination and rabid racism in Mr. FILNER. Mr. Speaker, on that I earlier to have prevented this tragedy. the U.S., they were sent to fight with the demand the yeas and nays. His death is on their conscience. French troops against the Germans. Not only The yeas and nays were ordered. I have always felt and continue to be- did these Black troops serve the longest The SPEAKER pro tempore. Pursu- lieve that, if we are truly going to do a stretch in battle without replacement, 191 ant to clause 8 of rule XX and the better job of standing with the Cuban days, they did not lose ground or men to Chair’s prior announcement, further people, then we need to be closer to enemy capture. This all Black unit earned the proceedings on this motion will be them and in greater numbers. We need Croix de Guerre, France’s highest military postponed. to travel freely to the island to meet honor, yet upon returning to their homes in the f and to learn from them and they from U.S., they were vilified and discriminated HONORING THE LIFE OF SARAH us. I hope that day comes soon so we against as they had been before the war. can tell all of the Cuban people that we Again, during World War II, our Black sol- MOORE GREENE ON HER 100TH BIRTHDAY remember the sacrifice of Orlando Za- diers proved their loyalty and commitment to pata Tamayo. the United States. The Tuskegee Airmen, (Mr. DUNCAN asked and was given [From the Washington Post] America’s first Black military airmen, helped permission to address the House for 1 ACTIVISTS: CUBA DISSIDENT DIES AFTER break through the constraints of a segregated minute and to revise and extend his re- HUNGER STRIKE military when, inspired by their bravery and marks.) Havana—An opposition political activist achievements, President Truman promulgated Mr. DUNCAN. Mr. Speaker, today is imprisoned since 2003 died Tuesday after a Executive Order Number 9981 in 1948. Many the 100th birthday of a great lady and lengthy hunger strike, members of Cuba’s of these Black veterans fueled the Civil Rights Tennessee icon, Sarah Moore Greene. human rights community said.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1796 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 Orlando Zapata Tamayo, who was jailed on much—mortgaging the future of our fu- CORRUPTION IN AFGHANISTAN charges including disrespecting authority, ture generations. THREATENS OUR TROOPS died at a clinic at Havana’s Combinado del I asked a number of businesspeople, The SPEAKER pro tempore. Under a Este prison, according to Vladimiro Roca, a Why aren’t you hiring more people? leading dissident who said he spoke to Za- previous order of the House, the gentle- pata Tamayo’s family. Why aren’t you expanding your plants? woman from California (Ms. WOOLSEY) Zapata Tamayo, 42, was not among the is- The overriding answer was, Congress- is recognized for 5 minutes. land’s best-known dissidents. He was ar- man, it’s too uncertain right now. Con- Ms. WOOLSEY. Mr. Speaker, the rested in 2003 on charges of disrespecting au- gress is talking about raising our United States is reaching a bleak mile- thority, said Elizardo Sanchez, head of the taxes, imposing insurance on us, talk- stone in Afghanistan. The death toll Havana-based, independent Cuban Commis- ing about more regulation, raising the for our troops is now 996, or it was sion on Human Rights and National Rec- cost of energy in this country. If you onciliation. when this paper was written. It is inev- continue down that road, we can’t cre- itable that we will reach the 1,000 He was sentenced to three years in prison, ate new businesses. In fact, in many which Sanchez said was lengthened to 25 mark. How much further are we going years, in part because of his political activ- cases, we will have to lay off people if to go in this? ism while behind bars. we move in that direction. Under these circumstances the Amer- Sanchez said Zapata Tamayo staged a hun- So, Mr. Speaker, what we have to do ican people have the right to demand ger strike for weeks before his death. His is quit doing what we have been doing that the Afghan Government do every- family first announced last week that prison and get back to making America the thing it can to stop violent extremism doctors said he was gravely ill. great Nation it is by empowering the in their country and to keep our troops Relatives were transporting Zapata people. That means taking less taxes safe. So far the Afghan Government Tamayo’s remains to his hometown in and letting businesses do what they Holguin province, said Roca, a former fighter has not lived up to its responsibilities. pilot and son of a legendary communist lead- know how to do, which is to create Our Ambassador in Afghanistan, Karl er who served nearly five years in prison jobs. Take away the uncertainty of the Eikenberry, wrote a cable to the State himself for his opposition political beliefs. business environment in this country Department in November in which he Word of Zapata Tamayo’s death was first today, which is causing many busi- said that President Karzai ‘‘is not an reported on Cuban exile radio stations in nesses across the country either to lay adequate strategic partner’’ and ‘‘con- southern Florida, which broadcast an inter- off or not to hire people. tinues to shun responsibility for any view with his mother, Reina Luisa Tamayo. Mr. Speaker, we need to empower sovereign burden, whether defense, Rep. Lincoln Diaz-Balart, a Republican America. We need to quit entitling governance, or development.’’ He also from Florida—and the nephew of Fidel Cas- America. tro’s ex-wife, Mirta Diaz-Balart—said on the wrote that when it comes to corrup- floor of the U.S. Congress on Tuesday that f tion, Karzai has a record of ‘‘inaction the dissident’s ‘‘condition and fate are the MEDICAL MALPRACTICE REFORM and grudging compliance.’’ Castro brothers’ doing.’’ This is outrageous, Mr. Speaker, be- Hours later, as news of Zapata Tamayo’s (Mr. MORAN of Kansas asked and cause this government corruption un- death spread, the congressman issued a sec- was given permission to address the dermines our very efforts in Afghani- ond statement declaring that his ‘‘murder by House for 1 minute.) stan and puts our troops at risk. the tyrant Fidel Castro and his cowardly Mr. MORAN of Kansas. Mr. Speaker, When the Afghan people see the cor- jailers will never be forgotten.’’ I am on the floor tonight to request U.S. Sen. Bill Nelson, of Florida, said in ruption in their government, they ask, that President Obama include in to- and they should ask, Why should we his own statement that ‘‘freedom-loving peo- morrow’s discussion at the health care ple everywhere should hold the Cuban regime help the Americans defeat the Taliban responsible for the fate of Orlando Zapata summit the issue of medical mal- when our government isn’t any better Tamayo.’’ practice reform and defensive medi- than the Taliban? ‘‘His reported death today is a sad re- cine—the kind of reform that will re- The Washington Post just recently, minder of the tragic cost of oppression and a lieve Kansan families and business well, yesterday, I think, revealed a de- dictatorship that devalues human life,’’ Nel- owners from facing higher health in- plorable example of the Afghan Gov- son said. surance premiums. We have to reduce ernment’s shady dealings. It was Mon- Democratic U.S. Rep. Kendrick Meek, also health care costs, and this is a com- day that the article came out. It was of Florida, noted that Amnesty Inter- monsense way to do so. If we do not national declared Zapata Tamayo a ‘‘pris- written by Andrew Higgins and enti- oner of conscience’’ in 2003. control those costs, then any reform ef- tled ‘‘Kabul Bank’s Sherkhan Farnood ‘‘The Cuban government’s stunning lack of fort will fail, as the cost of health care Feeds Crony Capitalism in Afghani- respect for human rights was highlighted by and, therefore, the cost of insurance stan.’’ The article described the cozy Orlando as much in his life as in his death,’’ will increase. relationship between the Afghan polit- Meek said in a statement. Defensive medicine, where doctors ical elite and the Kabul Bank. The Af- f order every possible test under the sun ghan Government has poured tens of for fear of being sued, costs us more millions of dollars of public money into EMPOWERMENT than $650 billion each year, or 26 per- that bank. At the same time, the bank (Mr. NEUGEBAUER asked and was cent of our annual health care spend- has made shady multimillion dollar given permission to address the House ing. These costs increase insurance pre- loans to members of President Karzai’s for 1 minute and to revise and extend miums for doctors, and health care ex- family, his government, and his sup- his remarks.) penses simply get shifted to the pa- porters to buy luxury villas in Dubai. Mr. NEUGEBAUER. Mr. Speaker, tients. The article calls this ‘‘a crony cap- just last week, I was traveling across Mr. President, if you are serious italism that enriches politically con- my district to ask the people in the about improving patient care and nected insiders and dismays the Afghan 19th Congressional District, How do we about reducing costs, add medical mal- people.’’ move America away from this entitle- practice reform to the agenda at your President Karzai’s older brother and ment mode, which we seem to be mov- health care summit tomorrow. his former Vice President both have ing toward, and back to an empower- f Dubai villas, but they’re registered ment mode so we can create jobs? b 1630 under the name of Sherkhan Farnood, With 9.2 percent of the American peo- the chairman of the bank. Presumably ple unemployed, people want to know SPECIAL ORDERS this is done to hide the goodies that what we are going to do about jobs. The SPEAKER pro tempore. Under the political big shots have gotten. The What they do know is that the govern- the Speaker’s announced policy of Jan- bank has plenty of money, including ment can’t continue what it has been uary 6, 2009, and under a previous order more than $1 billion in deposits from doing, which is taxing too much, spend- of the House, the following Members Afghans. But ‘‘the vast majority of this ing too much, and borrowing too will be recognized for 5 minutes each. money flows into the hands of a tiny

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1797 minority, some of it through kickbacks by students, for students. Students WOMEN FARMERS BILL and insider deals’’—that’s from the ar- continue to organize, plan, and execute The SPEAKER pro tempore. Under a ticle—for the country’s political, secu- K-State Proud’s activities. This year’s previous order of the House, the gentle- rity, and business elites. co-chairs are Anna Zeiger, Reed woman from Connecticut (Ms. The bank also helped pay for Presi- Pankratz, and Robert Swift. That is DELAURO) is recognized for 5 minutes. dent Karzai’s recent reelection cam- what makes this effort so unique. Ms. DELAURO. Mr. Speaker, I rise in paign, which was filled with charges of There are no benefactors or trust funds support of the Equality for Women fraud. The bank’s support for Karzai paying an annuity that funds the tui- Farmers Act, a bill Congresswoman wasn’t surprising. Why should it be? tion or living expenses for a struggling ANNA ESHOO of California and I have The bank is partly owned by Karzai’s student. This program allows these introduced. It aims to close an ugly older brother and the brother of his kids to collect money from their peers chapter in our history and end a sys- vice presidential running mate. and to distribute to those most in need. tematic legacy of discrimination at the And at a time when most Afghans are As a society, we should take a step Department of Agriculture. desperately poor, the Kabul Bank is back and look at what K-State Proud Our bill provides a process for women spending $30 million to build a fancy has accomplished. They have had a farmers who have experienced discrimi- new headquarters. genuine compassion for complete nation to make claims against a com- Mr. Speaker, the American people strangers. They do more than pay lip pensation fund appropriated by the have a right to ask, Is this what our service to the concept of charity. They Congress. It requires USDA to institute soldiers are dying for? Is this what put their money where their mouth is. the much-needed reforms that will end we’re spending tens of billions of our this shameful gender discrimination in For a $10 donation, the donor re- tax dollars for? So that well-connected their loan system forever. elites in Afghanistan can enjoy luxury ceives a K-State Proud t-shirt to be According to the U.S. Department of villas in Dubai? worn for the designated K-State bas- Agriculture, there are approximately We cannot allow this to continue. I ketball game. Special thanks should be 300,000 women farm operators across have been demanding that we change given to GTM for donating the t-shirts the United States, which is over 17 per- our mission in Afghanistan to focus on and Cox Communications for their gen- cent of the family farmer population. SMART Security for a long time now. erous support. A quarter of a million This is by far the largest group of mi- One of the cornerstones of SMART Se- dollars raised by K-State Proud over nority farmers in the country, and curity is an emphasis on better govern- the course of 3-plus years emphasizes their numbers are growing. And yet ance. Improving governance in Afghan- the enormous impact this campaign new census data recently revealed that istan is just as important, Mr. Speaker, has had on K-State’s student body. The women farmers have been consistently as any military operation. Actually, results are real and undeniable. underreported by USDA over the past it’s more important. K-State Proud allowed a student 15 years. Worse, it is estimated 43,000 That’s why President Obama must whose hometown of Greensburg, Kan- women farmers have been insist that President Karzai and his sas, which was destroyed by a tornado, discriminatorily denied more than $4.6 cronies clean up their act and do it to stay in school despite the enormous billion in farm loans and loan services quickly. Without honest government, loss of life and property. K-State Proud from the USDA over the years. In fact, we will never defeat violent extremism provided support to a cancer survivor by USDA’s own reckoning, women have in Afghanistan and the death toll for that would otherwise have had a dif- seen less than their fair share of loans our troops will not stop. ficult time completing a college de- in every single State in the country. f gree. K-State Proud provides these fi- Like male farmers, tens of thousands nancial awards while also providing the of women have gone to local offices of RECOGNIZING KANSAS STATE recipients with an emotional boost to the Farm Security Administration UNIVERSITY’S PROUD CAMPAIGN overcome their struggles. Money is a over the years to file loan applications The SPEAKER pro tempore. Under a necessity, but knowing that someone and ask for this government’s help in previous order of the House, the gen- recognizes your pain and is there to sustaining their family farms. But tleman from Kansas (Mr. MORAN) is support you is very powerful as well. there the differences often end. Many recognized for 5 minutes. This sense of community, that we’re women have been told that money or Mr. MORAN of Kansas. Mr. Speaker, all in this together, has made K-State applications had run out even though I rise this evening to recognize Kansas Proud a huge success. Some people men seem to be finding them with no State University’s Proud campaign. K- worry about the future of our country. trouble at all. Others were told to re- State Proud was founded in the fall of When I see the K-State Proud move- turn to the loan office with their fa- 2006 as an effort for students to help ment at work, I realize that there is a thers or husbands or brothers so that other students. This year’s event will new crop of compassionate, principled the men could file the applications on be celebrated this Saturday, February leaders preparing themselves to better their behalf. Still others were told that 27, during the Missouri-Kansas State our State and our Nation. ‘‘farming is not for women’’ or saw men’s basketball game. This is a great their applications filed in the trash K-State Proud has become a model concept that reflects our Kansas values right before their eyes. Some were even for other universities searching for a of family, community, and steward- subjected to crude and horrible ad- way to unite their student bodies and ship. vances by loan administrators who de- communities. People familiar with K- There are many people who take col- manded a sexual quid pro quo in return State know how special this university lege experience for granted. Leaving for approving their loans. This is sim- is. It is only fitting that the rest of this home to pursue an education is not a ply not right. It is beneath us and it country learns how special it is as well. given for many families. Certain must end. amounts of financial, emotional, and I urge you to tune in to the basketball To his credit, Secretary Vilsack has spiritual support are needed to ensure game this Saturday and witness this initiated a task force to look into these a student’s success. Sometimes bad student body’s commitment to each and similar civil rights issues at things happen and students’ families other. USDA, but we also need to move here fall on hard times. And it’s heart- I have used the word ‘‘proud’’ many in the Congress and quickly, if nothing breaking to see a student’s dreams and times in these remarks. I’m the proud else so that these women can get the hard work jeopardized by events be- father of two current K-State students. resources that they now need to pre- yond their control. I’m proud to be associated with such serve their family farms in this trou- The K-State Proud campaign was great ambassadors for our State. And bling economy. started in an effort to keep these strug- I’m proud to be a Kansan. In this case Unfortunately, this subject of dis- gling students in school. It was started I’m proud to be a K-State Kansan. crimination by USDA loan and credit

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1798 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 officers is not a new one. In fact, only Founding Fathers strongly believed hassee. A turtle tunnel in Tallahassee, 2 years ago Congress was so moved by our government should be there to help Florida; $3.4 million. That is about four the lengthy history of discrimination America’s family farmers, not to un- times as much money as the average and long-pending lawsuits brought by dermine them at every turn. working American will earn in their minority and socially disadvantaged As such, it is time to do right by all entire life. But the stimulus slush fund farmers that we addressed the situa- of these family farmers that have been is doling out $3.4 million for the turtle tion in the 2008 farm bill. That provi- discriminated against in our past and tunnel for turtles to cross the highway. sion urged the Bush administration to present. And I invite my colleagues to Before we had a stimulus bill, Mr. settle those discrimination lawsuits join with us to reach a solution to set- Speaker, how did the turtle cross the brought by women and other minority tle these discriminatory claims. It is road? For that money we could get the farmers. time to live up to our founding prin- turtles limos to cross that street. Just last week the Obama adminis- ciples, to do right by our family farm- tration announced that it had reached ers no matter what their race or sex, The Picher Housing Authority in an agreement to settle the remaining and to legislate an end to this unfortu- Oklahoma, here is another one, re- claims for African-American farmers nate and regrettable era. ceived $135,000 in stimulus money to re- who experienced similar discrimina- f model homes and businesses at the Tar tion. While I applaud the administra- Creek Superfund site. The most obvi- THE ABSURDITY OF STIMULUS tion for recognizing the need to settle ous problem with that scenario is the PROJECTS these important claims, I am dismayed Tar Creek Superfund site is scheduled that they did not come forth with a The SPEAKER pro tempore. Under a to be destroyed. It is going to be re- more comprehensive proposal to settle previous order of the House, the gen- modeled and then destroyed. Only the claims for women, Hispanic, and Native tleman from Texas (Mr. POE) is recog- Federal Government would spend tax- American farmers who have suffered nized for 5 minutes. payer money to fix up a home and then similar prejudice. Mr. POE of Texas. We keep hearing a few years later pay to tear it down. about how great the trillion-dollar It’s time for us to own up to the mis- Mr. Speaker, this whole philosophy stimulus bill was and how well it has treatment of women and other minor- of the stimulus project and fiasco is a ity farmers as well. They have had to worked. It has been 1 year or so, so lest we forget, let’s see where some of that flawed premise. It is the idea that we deal with needless, mindless discrimi- can take taxpayer money and give it to nation as they have tried to preserve stimulus money got spent. In Buffalo, New York, the State uni- the government, and then the govern- their family farms. This Congress ment can decide how special folks, spe- should grant them the compensation versity got about $400,000 to study the cial projects will get that money and and the damages they are due. effects of drinking malt liquor while spend that money for government What would the bill do? It establishes smoking pot. For 3 weeks, 100 people make-work programs. See, these aren’t a compensation fund of $4.6 billion for are paid $45 a day of taxpayer money to real jobs; these are jobs that the tax- these farmers. It sets up a Special Mas- drink malt liquor and smoke a little payers have to pay for, jobs that aren’t ter in the Federal Mediation and Con- marijuana—this party stupor paid for ciliation Service to process, review, by Americans throughout the country. permanent, that will eventually go and adjudicate their claims. The Spe- Taxpayers are footing the bill for away. cial Master will award eligible claim- other parties, like the one in Boca Real jobs are not created by Uncle ants who were denied loan applications Raton, Florida. But this one is not for Sam. Real jobs are created by the pri- or whose applications were not acted people, this one is for lab mice. That is vate sector. We call those people small upon $5,000 in damages. right, Atlantic University is getting business communities. And they can For eligible claimants who were de- about $15,000 for two summer research- make real jobs where other taxpayers nied farm loans, loan benefits, or loan ers to measure how alcohol affects a don’t have to pay for those jobs. And servicing, whose damages are presum- mouse’s motor functions. I wonder that is when more businesses have ably greater than those denied applica- where the PETA people are on this one. more of their own money, rather than tions, the Special Master may also Now, do these drunk lab mice count as paying taxes to the Federal Govern- award additional damages based upon jobs saved or jobs created? We don’t ment so the government can decide the application of a formula described know. which special friends throughout the in the legislation. We are not through. In Nebraska, we government to get this stimulus are funding another wasteful bridge money. b 1645 project. First we had the Cornhusker For those who will seek to apply for Kickback, and now Americans are Mr. Speaker, the American people loans and loan management in the fu- sending $7 million to Thelford, Ne- are fed up with this insanity. They are ture, the legislation will ensure that braska, to build a bridge. That doesn’t telling Washington stop the spending. their requests are finally considered sound so bad, but this $7 million bridge They are saying no, stop the spending. equally with all others. This is a mat- is so 168 people don’t have to wait so Stop the wasteful projects. Stop the ter of fundamental fairness. And action long to cross a railroad track. Sounds fraud, stop the abuse. Stop borrowing cannot come soon enough for these like we are wasting money. By the money. We don’t have the money for women who have suffered under these way, that is $43,000 per person waiting all these projects, so we borrow it. And discriminatory practices. So please for that train. of course we borrow it from our friends, join me in being part of this solution. And the U.S. Forest Service is get- the Chinese. Sixty percent of our debt We can help make whole these women ting $2.8 million in stimulus money to is owned by the Chinese. And of course who have suffered so much, and we can spend on wildfire management in someday there is going to be a day of make USDA a better resource for our Washington, D.C. But the problem is reckoning. We are going to have to pay nation’s family farmers for generations Washington, D.C. doesn’t have a na- back that money. And that will be paid to come, regardless of their gender, tional forest. But that doesn’t make back in the form of taxes or it will be race or origin. any difference to the bureaucrats. In paid back by people yet to be born. From our earliest days, the small Washington, you don’t need a forest to The White House seems to want to family farm has been considered the get wildfire management funds; you spend the people into the poor house, bedrock of this nation, the font of its just need out-of-control spending. virtue and its citizenship. ‘‘Those who The Florida Department of Transpor- mortgage off their homes, the mineral labor in the earth are the chosen peo- tation, and this is my favorite one of rights, and then pay for this massive ple of God,’’ wrote Thomas Jefferson, all, is spending $3.4 million in stimulus spending bill. ‘‘if ever He had a chosen people.’’ Our funds to build a turtle tunnel in Talla- And that’s just the way it is.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1799 PROBLEMS WITH THE do another approach is really reprehen- my firm opinion that nothing could be REPUBLICAN HEALTH CARE PLAN sible. The Republicans not only want further from the truth. Secret arrests, The SPEAKER pro tempore. Under a to dismantle Medicare, but at the same secret renditions, torture, and assas- previous order of the House, the gen- time they denounce the Democratic sinations are illegal under both domes- tleman from Washington (Mr. plans to stop wasteful spending in the tic and international law. These activi- MCDERMOTT) is recognized for 5 min- program. ties should be anathema to the citizens utes. The second part of the Republican of a constitutional Republic. Mr. MCDERMOTT. Mr. Speaker, after plan puts health savings accounts at The real threat doesn’t arise from more than 70 years of false starts on the center of the program. Health sav- our failure to torture. Rather, desen- fixing health care, the Congress is on ings accounts have existed for years. sitizing our Nation to the willful ne- the brink of passing sensible, com- These accounts are small, and history glect and sacrifice of our civil liberties, prehensive reform legislation. We are shows that many Americans underfund fought and died for over the centuries, extremely close to giving all Ameri- them or can’t use them. When illness is the threat. cans access to quality, affordable strikes, any significant co-payment or The concept of habeas corpus existed health care, while reducing the deficit. deductible can wipe out a family’s sav- even before King John of England was After a year of trying to instill fear in ings in a minute. forced in 1215 by his rebellious barons the American public about the Demo- Finally, the Republican plan does to sign the Magna Carta. This basic cratic approach to fixing our broken more to take our health care system principle and expression of individual health care system, my Republican col- down the road to ruin. It goes another liberty, which has survived 800 years, leagues have really entered the debate. step and privatizes Social Security. greatly influenced the writing of our I commend my colleague from Wis- After the Wall Street meltdown, the Constitution and our common law her- consin for putting forward the Repub- crazy lesson the Republicans learned itage. lican plan. was to trust Wall Street with the fu- Today we hardly hear a whimper, ei- The sweeping Republican bill lets the ture of our seniors. ther from the American people or a public know where their party truly This week we learned that by 2019, stone silent U.S. Government as our stands. Their bill would radically reor- national health care spending will be cherished liberties are eradicated. In- ganize both the health care system and over 19 percent of our economy. That is stead, we have a government that de- the Social Security system. Once $4.5 trillion. If we don’t act to control liberately orchestrates needless fear and makes people insecure enough to again, they want to spend more time those costs now, people will no longer ignore the reality of their lost lib- hating government than helping peo- be able to afford the essentials like ple. erties. housing and food. When the public has The latest outrage is the current ad- The Republicans want to give the to deal with the market to satisfy seniors a voucher. A voucher govern- ministration’s acknowledgment that basic needs, the government has to ment. If you qualify, you get a little we now have a policy that permits as- make sure the system is fair and that check and then you are on your own to sassination not only of foreign sus- all Americans have access. When it deal with the insurance companies and pects, but of American citizens as well. comes to health care and retirement, Wall Street. The Republicans wish the Of course the CIA has used secret as- we have to have commonsense rules. American people the best of luck. If sassinations in a limited fashion for We must finish the job on health you aren’t lucky enough to outsmart decades, despite international, domes- care, and we are going to do it begin- Wall Street and the insurance execu- tic, and moral law. When done secretly, ning tomorrow at the White House. tives with the rules stacked against as in the past, our government at least The Republicans have shown the public you, well, that’s too bad. recognized that assassination was ille- Under the Republican plan, you will their plan, and it is not the solution. gal and wrong. Frighteningly and as- likely end up sick and poor, but they They are a rehash of old theories that tonishingly, however, the policy is now think you will love the free market make things much worse. Instead, we explicit. choices you have had on the way down. have to pass the commonsense health National Intelligence Director Den- Sadly, the Republican plan is filled reform that is on the table and protect nis Blair, in open testimony before the with the same old policies to dismantle Social Security from crazy theories. House Intelligence Committee on Feb- Medicare and Social Security that they f ruary 3 of this year, acknowledged that have been putting forward for decades. AND NOW IT’S ASSASSINATIONS? American citizens can indeed be assas- To understand the clear difference sinated at our government’s discretion. between the different approaches, let’s The SPEAKER pro tempore. Under a The U.S. Government attempted to as- look at health care. Health care is big, previous order of the House, the gen- sassinate Anwar al-Awlaki in Yemen and a complex part of our economy, tleman from Texas (Mr. PAUL) is recog- without even charging him with a and it needs thoughtful and common- nized for 5 minutes. crime. We are told this evidence is se- sense approaches. Instead, the Repub- Mr. PAUL. Thank you, Mr. Speaker. cret, that he does not deserve any con- licans have put forward a plan that What have we allowed ourselves to stitutional rights, and that some un- would put more Americans at risk, become? Are we no longer a Nation of known individual in the administration drive millions into bankruptcy, lock in laws? Have we become instead a Nation has the authority to declare him a the skyrocketing costs, and enrich the of men who make secret arrests? Are threat, and therefore a legitimate tar- insurance companies. In the Repub- secret prisons now simply another tool get for assassination. lican plan, insurance companies could of Federal Government law enforce- Yes, I know, he is probably a very get richer while Americans get poorer ment? Is secret rendition of individuals bad person. Yes, I know that only a few and sicker. now permitted, out of misplaced fear? Americans are on the assassination hit The Republican approach to health Have we decided that the writ of ha- list. care has two parts. First, the Repub- beas corpus is not worth defending? Is licans would give American seniors a torture now an acceptable tool for b 1700 voucher for health care and do nothing making us safe? Unfortunately, the Yes, I know that artificially gen- to keep the insurance companies from single answer to all of these questions erated fear makes a large number of taking them to the cleaners. The Re- from the leaders of our country and to Americans inclined to applaud this ef- publican plan would essentially do many of our citizens appears to be fort which supposedly will make us away with the Medicare program as we ‘‘yes’’. safe. But if this becomes standard oper- know it today, which many seniors And now we are told that assassina- ating procedure and a permanent rely on. tion of foreigners as well as American precedent is established, let me assure The hypocrisy of the Republican plan citizens is legitimate and necessary to you that this abuse of the law will is maddening. Their say one thing and provide security for our people. It is spread.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1800 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 It’s time for Congress and the Amer- many of these issues—the issue of how recreational fishermen from my Con- ican people to wake up to the realities we contain our costs, how we improve gressional district of the Florida Keys. of the dangers we face. We must re- our system, how we provide for These hardworking men and women member, as Members of Congress, that wellness rather than just sick care—a have taken time out of their busy sea- we have taken an oath to protect and very complex bill, but one that also son to travel up here to Washington, defend the Constitution from all en- provided a very, very important ele- D.C., to protest the latest round of on- emies, foreign and domestic. It should ment, the element of a public option. erous and unfair Federal fishing regu- not be that difficult to distinguish the I’m from California, and 2 weeks ago lations and closures. difference between the danger posed by the largest insurance company pro- Florida’s recreational fishing indus- the underwear bomber and the danger viding policies, more than 80 percent of try is the largest in the Nation. It’s posed by a government that endorses the single-person policies, said, well, I economic impact to our State exceeds secret prisons, torture, and assassi- think we’re going to increase our rates $5.3 billion, and more than 54,000 jobs nating American citizens. by up to 39 percent, and that was on are generated by this industry. Simi- f top of a similar rate increase in the larly, Florida’s commercial fishing in- previous year; some 60 percent increase dustry is nearly 13,000 strong and con- HEALTH CARE SUMMIT for those individuals that are not in a tributes a staggering $1.2 billion to our The SPEAKER pro tempore (Mr. group that have to go out and buy in- economy. TEAGUE). Under a previous order of the surance on their own, a totally Our fishermen understand that main- House, the gentleman from California unaffordable situation. And they also taining a robust, healthy fishery (Mr. GARAMENDI) is recognized for 5 announced that in the intervening through appropriate regulation is the minutes. year, or the year after these increases key to their economic success. How- Mr. GARAMENDI. Tomorrow is an went into effect, they would willy- ever, the recent fishing bans on red extremely important day here in Wash- nilly, and at their own will and their snapper and shallow water grouper en- ington, D.C., and across the Nation. To- own desire, increase the cost of those acted by the South Atlantic Fisheries morrow’s a day in which the President policies, an extraordinary and new Council are devastating to our Florida will hold a summit on health care. The event. fishing industry. The bans not only outcome of that meeting is of extraor- Those individuals, in fact, every indi- threaten the jobs of recreational and dinary importance to individuals, to vidual in America needs a public op- commercial fishermen, but also the families, and to millions upon millions tion, a place to go to get a competitive small business owners that support and of Americans, indeed, the entire Na- health insurance policy that provides economically benefit from these indus- tion. A successful outcome would be real benefits at an affordable cost. This tries. one in which we have bipartisan con- House passed such a public option. Local restaurants will look to carry sensus on the critical issues of health Hopefully, at tomorrow’s summit, that more cost-affordable fish from coun- care, on how we’re going to provide issue will be renewed. But the papers in tries such as Mexico and the Domini- coverage for all Americans, how we this town say that that issue is dead. I can Republic, as opposed to featuring deal with the pernicious and all too think not, because in America we do fresh, Florida-caught fish, crab, and common insurance company practice have public options today—they’re not lobster. Hotels, dive shops, and other of terminating policies when a person readily available to all of us unless you tourist attractions will also continue happen to be 65—and that public option becomes ill or denying coverage be- to suffer as fishing enthusiasts decide is Medicare. If you happen to be a Fed- cause of some preexisting condition. to travel elsewhere. Tomorrow’s summit is extraor- eral employee, like I and others in this The impact of this multibillion dol- dinarily important in that the outcome room, you have a public option avail- lar industry on the State of Florida able to you. If you’re in the military, of that summit may very well give us cannot be overstated. And yet, one by you have a public option available to insight into how we control the ex- one, these fishermen are being regu- traordinary increase of cost in health you, a military family. Public options are widely available lated out of business. care, a cost that is not sustainable ei- I’m a cosponsor of a bill known as in America. We need to provide that ther for individuals or for this econ- the Transparency in Job Loss from option for every American. We need omy. We’re currently spending some- Fishery Closures Act, and this is a bill real competition. We need WellPoint where in the range of 17 percent of our Blue Cross of California to have a com- introduced by my colleague, Congress- current GDP on health care. Compared petitor. They have none today. man HENRY BROWN. This bipartisan bill to the rest of the industrialized na- Fortunately, this House, today, took instructs NOAA to reverse the harmful tions, that’s nearly 60 to 70 percent a step to end the monopoly, to end the fishing closures and calls for stricter more than they spend of their wealth. antitrust exemption that the health in- policies before implementing further Most every other industrialized nation surance companies have. It will help, closings. spends 10 percent or less. We’re giving but it will not provide the solution In particular, this bill requires that away an extraordinary advantage to that we need. We need that public op- NOAA conduct a comprehensive review our competitors. tion. We need the health care reform of recent fishery closures and provides Now, if our health care system actu- that this House passed. And hopefully sufficient updated research showing ally produced extraordinary outcomes tomorrow, at the President’s summit, that a closure is the only option to for all the population, we might say it the outcome will say, follow the lead of maintain the fishery. In this review, was worth it, but the fact of the matter the House; give us a public option, give NOAA must consider the impact of is that our health care system does us the controls on prices, give us the each closure on the coastal commu- not. Our population statistics, which steps toward staying healthy, and let’s nities being regulated, including the are the statistics on how well we are, finally put this Nation into a univer- impact on their small businesses and how long we live, how well our children sally available health care system. the losses of the jobs that would entail thrive, how many of them die at birth these closures. f and in early childhood, all of those sta- I also support efforts to increase fish- tistics would indicate that this Na- GREATER FLEXIBILITY FOR eries research to improve enforcement tion’s health care system is very, very FLORIDA FISHERMEN systems and to reform the flawed Mag- poor. In fact, we rank below Colombia The SPEAKER pro tempore. Under a nuson-Stevens Fishery Act. and other emerging nations around the previous order of the House, the gentle- I’m a cosponsor of a bill introduced world. woman from Florida (Ms. ROS- by Congressman FRANK PALLONE, So what are we going to do? LEHTINEN) is recognized for 5 minutes. which would amend Magnuson to pro- This House passed a very important Ms. ROS-LEHTINEN. Mr. Speaker, vide greater flexibility to State regu- piece of legislation that goes to address this week I met with commercial and lators and fishery managers.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1801 The process of collecting data uti- their families. And I remember the Mr. KINGSTON. Mr. Speaker, I rise lized by Federal regulators in deter- first day that my wife ever ran into as a friend and mourn and share the mining fishing closures also needs to be Jack Murtha at Walter Reed Hospital, loss not just to the Murtha family, the revisited. and she had been talking with the wife State of Pennsylvania, but to the en- The Scientific and Statistics Com- of a soldier who had serious physical tire Nation, and certainly every man mittees need to conduct their business problems, but the family had financial and woman wearing a uniform. in an open, transparent forum that also problems. I was proud to know Jack Murtha, considers input from the fishing indus- b 1715 proud to serve in the U.S. Congress try. What a concept. Opening up this with Jack Murtha. He was a bipartisan committee to stakeholders’ feedback She said, Hey, Mr. Murtha, give me guy. He was a knowledgeable guy. He and congressional oversight will go a your wallet. And Jack Murtha took out was a hardworking guy. long way in repairing the trust be- his wallet and handed it to her, and she The military budget in appropria- took out all of the money and handed tween regulators and local fishermen. tions is over $500 billion. It is a very In this stagnant economy, Mr. it to the soldier’s wife and then gave thick bill. You have to know airplanes Speaker, it is imperative that we do all Jack back his empty wallet. And so she from submarines, from tanks to battle- also had a special relationship. that we can to protect a historic and ships. Jack Murtha knew that, and he But we were not able to attend much needed industry from economic would study it very deeply. Jack’s funeral. During that same pe- Jack Murtha, though, beyond being a disaster. Our Nation’s fishermen de- riod of time, my son Billy and his wife, professional Congressman, taught this serve and require our immediate ac- Ashley, had become pregnant some Chamber many things. tion. time ago, and everybody was excited For one thing, I learned as a guy who f about that. And then one day, they came up through some partisan battles picked us up at the airport coming IN MEMORY OF THE HONORABLE and some nonpartisan battles that the back from Washington, and we had JOHN MURTHA Murtha-McDade relationship almost lunch together. And they announced The SPEAKER pro tempore. Under a cast a certain circle around the State that they had just been to the doctor, previous order of the House, the gen- of Pennsylvania that made it a special and we were going to have twin grand- tleman from Florida (Mr. YOUNG) is place, that the Pennsylvania delega- daughters. You talk about being ex- recognized for 5 minutes. tion had something that the other cited and cheers and tears. But that Mr. YOUNG of Florida. Mr. Speaker, States did not have, and that was two was not to be. Twenty weeks into the I rise this evening to speak to the great leaders—Republican and Demo- pregnancy, something happened. memory of one of my close friends, one crat—who kind of set the tone not just Things went wrong. The two little of my colleagues, my partner, and a for the entire State but for the rest of girls, Taylor Ann and Riley Grace, man with whom I have spent so many us to see how things could be. And in- were born alive and lived only a couple hours, so many days and for so many deed, the Pennsylvania delegation has of hours until their little hearts quit years as we’ve worked together on the still had great fellowship because of National Defense Appropriations bill, beating. And so we were going through that that legacy. and I’m speaking of the late Chairman It was also reflected in his relation- same grief at about the same time that Jack Murtha. ship with BILL YOUNG. I can’t tell you Joyce and her family were going In keeping with his legislative man- what a joy it has been for all Members through the grief of losing Jack Mur- agement style, I’ll be brief because, as of Congress who come and often see the tha. we presented our Defense Appropria- I lost a friend. Congress lost a power- battles that are so epitomized on the tions bills, the last meeting that we ful legislator. He didn’t speak on the talk shows and the name calling and so would have somewhere in the Chamber floor very often. He was never bois- forth, and you think that is Congress. here would be, Hey, look, this is a good terous. You never saw him—well, sel- And then you go into a committee bill. It’s not controversial. Let’s pass it dom—shouting and waving his arms, room and you see BILL YOUNG and Jack quick. We ought to be able to get it but he knew what was going on. And he Murtha working together, not always done in 8 or 10 minutes, which we nor- affected what was happening in the leg- agreeing but always affectionate and mally did. islation. always having great respect for what Jack was a good leader, a good chair- Some of our colleagues used to joke the other one had to say. man. When we had discussions on the that he would sit back in this corner And indeed, I can tell you as some- hundreds and hundreds of issues in that while I sat back in that corner so that body who served here 18 years, some- bill, his concern always was what is between the two of us, we could watch times you couldn’t tell who was chair- best to keep America safe, what is best everything that was happening in the man. They were that close and that to keep Americans safe, and what is House Chamber at any given time. united and that focused on what was best to give our soldiers the tools that Well, there might have been something best for the troops. What a great rela- they need, the technology that they to that, but it was a good relationship. tionship. And again, what a great ex- need to do their job, to carry out their So I, again, I express my condolences. ample for the rest of us. mission, and to protect themselves My own sadness of losing this friend, of Jack Murtha was an old-school guy. while they’re doing that. losing this great American. And Mr. He liked to have his bill done in a I expressed my condolences and my Speaker, I think Jack has left an emp- hurry. In fact, the chairman, Mr. OBEY sadness to his wife, Joyce, and their tiness that probably will not be filled is there, and he knows while it was one children. I know of the sadness that for a long time, if ever. And I think of the largest bills, it was also one of they experienced here a couple of those on the House floor, as we proceed the fastest bills to be passed so many weeks ago as Jack left the Congress, with appropriations bills in the future, times. He knew exactly where he want- left the family, and left this life. I real- will recognize that without Jack Mur- ed to go long before the hearing start- ly was saddened and regretted and felt tha here, things are a lot different. ed. extremely bad that I was not able to So God bless the family. I remember I had an amendment that attend his funeral, but Beverly and I f had to do with electronic verification had a tragic event of our own during of social security numbers for people that same period. REMEMBERING REPRESENTATIVE working on Federal contracts. The But I wanted to mention that Bev- JACK P. MURTHA chairman didn’t like it. And I remem- erly, my wife, knew Jack Murtha very The SPEAKER pro tempore. Under a ber Mr. Murtha—I submitted it, I well because we would oftentimes be at previous order of the House, the gen- worked the committee, the sub- the same military hospital with him tleman from Georgia (Mr. KINGSTON) is committee very carefully, and he said, visiting troops, wounded troops and recognized for 5 minutes. ‘‘Kingston, we’re not going to do that.’’

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1802 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 That was it. That was my hearing. And And there is no doubt that he cared chair will remain empty, as he could when he said that, you knew that was most deeply about the men and women never be replaced. it. The curtain was closed. The case of America’s military and their fami- Jack left us too soon. But his legacy was over. lies. He understood their challenges will surely live as a symbol of the great And this same chairman could turn and their anxieties. And what he did work that one man can do and is some- around and say to you, you’ve got a not understand, he actively sought to thing that we can all strive to achieve. problem in Hinesville, Georgia, little learn in trips to Defense Department He will be sorely missed by all of his old Hinesville, Georgia, a speck on the facilities, forward operating bases, and fellow colleagues, his friends, and defi- map, that because it’s the home of Fort military medical centers across the nitely, the Pennsylvania delegation. Stewart, the 3rd Infantry was expect- world. Mr. Chairman, I’d like to yield to the ing two more brigades, went out and He served our men and women in uni- gentleman from Pennsylvania (Mr. built a lot of roads and schools and inform diligently and daily in countless HOLDEN). frastructure in preparation for another ways. He worked each week to improve Mr. HOLDEN. I thank my friend from brigade. their quality of life. Pennsylvania for yielding. And then the Pentagon made a turn Mr. Speaker, Jack Murtha loved Con- Mr. Speaker, today we pay tribute to and decided not to send it to them. And gress. He loved Pennsylvania, he loved our departed friend and colleague, Jack Murtha. Over 17 years ago, I heard who stood up for Hinesville, Georgia? his constituents, he loved the military, Jack say that his great-grandmother Jack Murtha. Who did I go to and say, and he loved all of these things with a told him he was put on this Earth to Look, if we’re going to make this hap- passion that exceeded the most ardent make a difference—and boy did he pen, we’ve got to do something to help enthusiast. make a difference. these people because the Pentagon has But fundamentally, Jack Martha was He loved his country and served it done them wrong. They stood tall for a Marine—with all of the distin- with distinction at many levels. He the military but now the military has guishing attributes and characteristics served in the United States Marine let them down. We’re not going to let that brings. As a former member of the Corps stateside during the Korean War. that happen. And Jack Murtha pulled United States Army, I recall the state- When the Vietnam War broke out, he through. Not just on that issue but ment of one Army general, ‘‘There are volunteered to go back and served in time and time again. only two kinds of people who under- Vietnam and received two Purple Jack Murtha loved the United States stand Marines: Marines and the enemy. Hearts. of America. Jack Murtha loved the Everyone else has a secondhand opin- He was the first Vietnam veteran military. Jack Murtha loved the sol- ion.’’ elected to the United States Congress. diers. He stood up not just for them, My secondhand opinion is that I am He was the longest-serving Member in but for their families over and over honored to have served with Jack Mur- the history of the Congress from Penn- again. tha. I will never forget his enduring sylvania to serve in the House of Rep- Congress has lost a great leader, as friendship. May the tributes and pray- resentatives, and as Mr. YOUNG men- has the State and the United States of ers of so many of our colleagues this tioned during his remarks, he never America. But the American soldiers afternoon here today be a source of forgot the men and women in uniform have lost a true friend and a passionate strength to his wife, Joyce, and to his and made sure that they had the tools guy who would do anything for the family. to do the job that they do so well. And man and woman in uniform. Semper Fi, Jack Murtha. our returning veterans as well, he was I say God bless Jack Murtha and his f always at the forefront of making sure memory and everything he has done for IN TRIBUTE TO REPRESENTATIVE they had the proper care and treatment the United States of America. JOHN P. MURTHA OF PENNSYL- and visited them so many times at our f VANIA military hospitals. But he also cared so much about all HONORING REPRESENTATIVE The SPEAKER pro tempore. Under JOHN P. MURTHA of us. Everybody in this body has an the Speaker’s announced policy of Jan- example where Jack helped them. And The SPEAKER pro tempore. Under a uary 6, 2009, the gentleman from Penn- he helped me so many times over the previous order of the House, the gen- sylvania (Mr. KANJORSKI) is recognized years, but there is just one that I want tleman from New Jersey (Mr. FRELING- for 60 minutes as the designee of the to share with everyone today. HUYSEN) is recognized for 5 minutes. majority leader. After the redistricting of 2000 and Mr. FRELINGHUYSEN. Mr. Speaker, Mr. KANJORSKI. Mr. Speaker and after the 2002 election, I found myself I echo the sentiments of my colleagues colleagues, I rise today to honor our serving in a district that was 60 per- here today and want to add my voice in friend and one of the outstanding Mem- cent new to me, and I inherited one of tribute to Jack Murtha—our colleague, bers of this House, Jack Murtha, who the best medical facilities in the Com- my chairman, and my friend. represented Pennsylvania’s 12th dis- monwealth of Pennsylvania—and actu- For nearly his entire adult life, Jack trict, and to remember his devotion to ally in the entire country—the Penn Murtha selflessly served his beloved his work in this Congress, his strength State Milton Hershey Medical Center. Nation—first in uniform as a decorated of character, and his hard-fought ef- And after meeting with the leaders at combat marine and later as an elected forts for his district in Pennsylvania the Penn State Milton facility and see- representative from my neighboring and our country. ing the quality of care that they pro- State of Pennsylvania. Additionally, I feel privileged to have vide, he said, There’s one thing that We all know by now that he was the called Jack my friend, and I know that we’re missing. We’re missing a cancer first Vietnam War combat veteran many other Members in this Chamber research and treatment institute. elected to Congress. And while many of feel the same way. us followed him to Congress, he rose to As first votes were called this week b 1730 become chairman of the House Appro- and Members gathered on the House People that we serve, when they are priations Committee’s Subcommittee floor, it was very apparent to most of diagnosed, all too often have to go to on Defense. I’ve had the honor of serv- us that someone was missing. I walked Philadelphia or Pittsburgh or Balti- ing with him on the subcommittee for in on Monday almost expecting to see more for care. We need to have a facil- over 10 years. Jack seated in the far chair in the ity for literally millions of central In our dealings over the years, Jack Pennsylvania corner as I had seen since Pennsylvanians, and we, Penn State, and I did not always agree on policy de- I had first joined Congress 25 years ago. are willing to put up more than our cisions. But I always respected his un- While Jack is no longer with us, his fair share or more than the majority of deniable dedication and his refreshing spirit will live in this Chamber and in the cost, but we are about $35 million candor. the Halls of Congress. For now, the short of getting there.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1803 I went to see Jack. I brought him to over to that corner, and those of us your district first. Regardless of what Hershey. He looked around at the qual- who were smart enough would come anybody tells you on this floor, you ity of care that was provided, made an over there to seek Jack’s counsel. He vote your district. I watched Jack Mur- agreement and said, it won’t happen in didn’t just do it for the members of the tha chase some of the leadership of our 1 year or 2 years, but it will happen. Pennsylvania delegation, he did it for party back from Pennsylvania Corner We, the Federal Government, will be a anyone who was smart enough to come when they were trying to make some of partner and the people of central Penn- back there and introduce themselves to our members not vote their districts. sylvania no longer will have to travel Jack and seek his counsel. It didn’t Jack made sure that that didn’t hap- to Philadelphia or Pittsburgh or Balti- matter what their party affiliation was pen. more. either. Jack, we’re going to miss you. I am proud to say today that as a re- Much has been said about Jack’s You’ve been a great teacher. To those sult of Jack’s efforts and his desire to ability to work across the aisle. He of us in the Pennsylvania delegation, help me, we have the best quality can- truly did. When he chaired the Defense you were a great friend, to many of us cer care in central Pennsylvania. All of appropriations committee, it didn’t a father figure. We stand here today to us could cite incidents like that where matter to him what your party was. honor your memory and to pledge to Jack cared about Members and did What mattered to him is that you had you that we will continue to work hard things to affect the quality of life for something that was going to be good in your memory and make sure that their constituents. for the troops and good for the country, the people of western Pennsylvania and Our thoughts and prayers continue to and if you had a good idea, Jack was the great State of Pennsylvania congo to Joyce and Donna and Patrick and willing to help you turn that idea into tinue the tradition that you set for all John and so many of Jack’s former reality. of us, the example that you set for this staffers and current staffers that are When you think about the appropria- delegation. with us today. tion bills and how long it takes us To his family, our deepest sym- Jack, we miss you dearly. sometimes to pass bills and how long pathies. Jack Murtha, Godspeed, God Mr. KANJORSKI. Mr. Speaker, I that we go sometimes without passing bless. would like to introduce Mr. MIKE bills and have to throw them in an om- Mr. KANJORSKI. Mr. Speaker, DOYLE. Before he speaks a word, he was nibus at the end of the year, there was Jack’s chairman as chairman of the commissioned as the jokester of the always one bill that we never had a Appropriations Committee, DAVID Pennsylvania Corner purposely to keep problem passing. I can’t remember in OBEY. Jack in his good spirits during his pres- Mr. OBEY. Mr. Speaker, this is a the 16 years that I have been here in ence there. very human institution, and it’s af- the House of Representatives it ever Mr. DOYLE. Thank you, Mr. Chair- fected very much by our personal rela- man. taking more than 10 minutes to pass tionships with one another. Very I rise to honor the memory of my the Defense appropriations bill. Jack frankly, for the first 20 years that Jack mentor and my dear friend, Congress- just had it all worked out from the be- and I served on the Appropriations man Jack Murtha. This is a tough day ginning, and he worked it out with Committee, we were often adversaries. for all of us in the Pennsylvania dele- both sides. That was the beauty of it. There were some issues that we dif- gation. Our State has lost its 800-pound You know, it was said that when fered on. He was, as has already been gorilla and our dear, dear friend. Jack wasn’t in the majority anymore said, very much old school, and I was Jack Murtha personified the people and not the chairman of the com- more of a reformer. of western Pennsylvania, tough, hard- mittee, it was hard to tell who was the In fact, when I ran for the chairman- working, salt of the Earth. He loved his chairman of the committee, because ship of the committee against a senior family. They always came first, his Jack and his good friend, BILL YOUNG, member of the committee, Jack man- beautiful wife, Joyce, to whom he was they worked together as a team. They aged the campaign of my opponent and, married for over 50 years, his three were both the Chairs of the committee unfortunately, he did a pretty good job. children, his grandchildren. Family al- every year, regardless of what party After I was elected, we had pretty ways came first to Jack Murtha. was in control. It was his dear friend, much an arm’s-length relationship for He loved his country, and he most es- and it was a pleasure to see those two a couple of years. pecially loved the men and women who work. But if you care about your country, wore the uniform of the United States To sit on these opposite ends, we and you care about this institution, of America. He was their champion. hear so much rancor in America today you swallow your differences and you There wasn’t any Member in this body about the division in our country and learn to work with everybody. Jack who fought harder for those troops the division here in the House of Rep- and I soon had developed a solid work- than Jack Murtha did. resentatives, how Democrats and Re- ing relationship, and we became allies He loved this institution too. I republicans can’t work together. These on a host of issues. One of our most im- member he especially was helpful to two gentlemen worked together their portant was our view of the war in Iraq new Members. When I got elected in entire careers. They were an example and how to get out of it; and another 1994, Jack took me under his wing and for the rest of us to follow. was our concern about the dubiousness one day he sat me right back there in Jack Murtha is not with us anymore. of our continued involvement in Af- the Pennsylvania Corner, right next to It’s hard to imagine coming to the ghanistan if we didn’t have a better his chair, and he said, I am going to Pennsylvania Corner, and I think the ally in that government to rely upon. give you two pieces of advice. He says, toughest thing for all of us this week We often talked together, and we number one, sit here on the floor and was to stand in that corner and see traveled together. We went to the Mid- learn the rules and the procedure, be- that chair empty and know that our dle East together. We shared some- cause if you master the rules and the friend wasn’t coming in. It’s going to thing special as well in a different procedure of the House, someday take us a while for that to sink in that place on this globe. A few years ago, he you’re going to get a chance to offer a it’s really happened, but one thing and I and Dave Hobson and our staffs bill, and the people that understand lives on. Jack would want us to move became concerned about the visitors the rules will always win. forward. Jack wouldn’t want us to center at Normandy. It was really pret- He said, secondly, find out what you spend a lot of time dwelling about him ty much of a cracker box affair, and it are passionate about and be the best or how we feel because he is gone. was not at all fitting to the history of person you can be in that field. Be the Jack would want us to get back to that place. So we determined that person that other people come to and work. He would want to make sure that there ought to be a new visitors’ center ask for advice on that issue. we were working for this country and at Normandy. With the three of us I never forgot that advice. Sixteen for our districts. He always told every working together with our staffs, that years later, every day, we still come Member that came over there, vote visitors center was built.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1804 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 Today, if you visit it—and it’s truly The fact is, as far as his activities on omizes the work ethic that represents beautiful—there is a little plaque be- the Defense subcommittee, and my western Pennsylvania and the con- hind that visitors center in front of a Member was a former marine as well, I stituency that we represent. small tree with the names of Murtha, was always struck that while some I am fortunate to have known Mr. OBEY and Hobson on it. I know I am people are very focused on weapons Murtha. I count him as a true cham- proud of that, and I know Jack was systems, Mr. Murtha, while never los- pion of the region that I grew up in and proud of that. I think it symbolizes ing sight of the big picture, was most somebody who will never be forgotten. what happens in this place. Two people concerned about that individual man There will never be his like again in who started out as adversaries became or woman who was in the field, who western Pennsylvania, in the Congress, reasonably good friends, never fully was risking their life and who was serv- or in the country. agreeing, because no two people in this ing our country. As he would suggest, I thank the gentleman from Pennsyl- place ever agree on everything, but we operation and maintenance, how you vania for the time. had a solid working relationship. train, how you provide for their safety, Mr. KANJORSKI. I would now like to I learned one thing about Jack a long how you equip that person and their yield to part of our leadership, Mr. time ago. He had the courage of his family and those children was the most LARSON. convictions, and he fought hard every important thing for him. Mr. LARSON of Connecticut. I want way he knew how for those convic- He taught me many valuable life les- to thank the gentleman, the Dean of tions, and he cared deeply about the sons. I am a better person, and we are the Pennsylvania delegation, for hav- welfare of the men and women who all better people because of Mr. Mur- ing this opportunity for Members to served in the Armed Forces and defend tha. He will be greatly missed, and I speak about a great American and this country’s freedom. deeply appreciate the gentleman from someone who was so near and dear to I am proud that at Normandy there is Pennsylvania for this opportunity. all of us. that little note of the three of us hav- I want to commend MIKE DOYLE, BOB b 1745 ing gotten together, all for one pur- BRADY, PAUL KANJORSKI, the entire del- pose, to honor the people who did so Mr. KANJORSKI. Mr. Speaker, I now egation for last week making sure much on those beaches to build and yield time to the gentleman from west- that, aside from the formal services preserve America’s freedom and the ern Pennsylvania, one of Jack’s prodi- held for Mr. Murtha in Johnstown, freedom of the world. gies, JASON ALTMIRE. Pennsylvania, there was an oppor- Mr. KANJORSKI. Mr. Speaker, I Mr. ALTMIRE. I thank the gen- tunity for an Irish wake afterwards. would now like to yield to the gentleman from Pennsylvania and I thank Jack, I know, would have been very tleman from Indiana (Mr. VISCLOSKY). everyone who has spoken tonight. proud of that. I am sure he got quite a Mr. VISCLOSKY. I thank the gen- I want to talk about western Penn- chuckle with Tip O’Neill up in a higher tleman for yielding. sylvania and what Jack meant to west- I would like to take a bit different place at the coming together of so ern Pennsylvania, his home region and many Members and regaling with so tack because I met Chairman Murtha my home region. for the first time in 1977 when I was an many stories of Jack Murtha. A lot has been said over the past few associate staff on Appropriations. My America has lost a great patriot. The weeks, and certainly tonight, about the Member and my mentor, Adam Ben- Congress has lost one of its giants, one impact that this ‘‘giant of the Con- jamin, Jr., was a member of the Appro- of the most knowledgeable Members on gress’’ made on this institution, that priations Committee that year. Mr. national defense ever to serve here, he made on this country, and certainly whose service spanned four decades and Murtha, Mr. CARNEY, Mr. Benjamin and the impact that he had on the Amer- others were instrumental in that year, eight Presidents and Members from ican military, and there is nobody here not only in that appropriations proc- both Chambers and on both sides of the that supported them more than Jack ess, but in also establishing the Steel aisle. Murtha. Caucus, because they were very con- Our hearts go out to Joyce and the cerned about people who worked in I wanted to talk about the impact he family. We in this body have lost a per- their district. had on his home region. I am fortunate son that makes the very essence and What I took away as a staffer from enough to represent a district that is fabric of being here so rich and reward- that relationship with Mr. Murtha is intertwined, due to gerrymandering, ing; it was evident in listening to our the fact that he always treated me and with Mr. Murtha’s district, the district colleagues, listening to RODNEY and every other staff he came into contact that he represented for so many years. BILL and JACK KINGSTON talk about Mr. with with respect. He always heard I was born in a hospital that is in the Murtha. His death is a reminder to us what I had to say and what other staff district that he represented. I grew up all that our time here and all that we had to say, whether, as Mr. OBEY im- in a town that is in the district that he hope to accomplish is fleeting. As he plied, he always agreed with you or represented. And I can tell you that we would say, make the most of it while not, and he always treated you very have lost a giant in this Congress and you’re here; become expert in a field; professionally. we have lost a giant in this country, but most of all, stand up for what you I had no conception during those 6 but we’ve lost a giant in western Penn- believe. years working as a staff member that sylvania. He will not be forgotten in Jack reminded me in so many ways the time would come that I would serve his home region. of my grandfather, with that shock of as a colleague on the committee with And it should not be forgotten that white hair and piercing blue eyes and Mr. Murtha, would serve on the sub- this is somebody—and we talk about his way of questioning, but also his in- committee, and would be blessed the work that he did as a member of credible Irish wit. He loved Congress. enough to call him a friend. He was a the Appropriations Committee. He put, He was the epitome of what so often is friend to every person he encountered. over the course of his career, $1.5 bil- talked about in terms of bipartisan co- He was a good friend to the people he lion into breast cancer research. He put operation and was so often dem- represented, because he was most con- nearly $1 billion into diabetes research onstrated between him and BILL YOUNG cerned with those who worked hard, as a member of the Appropriations or Dave Hobson. When he gave his who needed a job or who needed a hand Committee. I don’t think that there is word, he kept it. up. anybody in this Congress that has a He was a Member’s Member, ever Our country is much richer because record that can match what he has cognizant of what he could do to help of that attitude that Mr. Murtha car- done in promoting health and pro- you. And while he was a tough ques- ried with him every day, and the world moting wellness—yes, in our military, tioner and firm in his convictions, he is certainly a much better place than it but across all segments of society. And had an incredible heart and a deep love would have been had he not walked again, this is somebody, as Congress- of history. He loved to talk about Tip among us. man DOYLE talked of earlier, that epit- O’Neill and the good ol’ days here.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1805 I was fortunate to travel overseas tion. God, how everyone liked to come the lessons you taught us and the lead- with Mr. Murtha four times. Some- over to the corner. It seemed as though ership you provided. times I thought I drew the short straw people were going over there either to Godspeed, soldier. in the Pennsylvania corner because hear confessions, seek advice and, most b 1800 Jack, when he took a trip, it was all often, to check in on how their projects work; up at 6, he was in bed by 7. There were doing. But he did it with wit, de- Mr. KANJORSKI. Mr. Speaker, I rec- were no PowerPoints, and he looked termination, and guile, and a deep love ognize the gentleman from Pennsyl- people dead in the eye. And he always and abiding respect for his country. vania (Mr. PATRICK J. MURPHY). made sure that he spoke to the enlisted For me personally, one of the great Mr. PATRICK J. MURPHY of Penn- men because he cared most about honors of being a Member of the United sylvania. I thank the gentleman from them. A decorated hero, two Purple States Congress will always be to say I Pennsylvania and now the dean of the Hearts and a Bronze Star in Vietnam, had the opportunity to serve with Jack delegation. the first Member from that conflict Murtha, a great American. I want to echo the comments of my and veteran elected to the United God bless you, Jack. God bless Joyce classmate, Congressman CHRIS CARNEY, States Congress. and your family. also from Pennsylvania. When we came Personally, a young man from East Mr. KANJORSKI. Thank you very in together, he was really our mentor, Hartford, my hometown, was wounded much, Mr. LARSON. and he was a great man. I thought it in Fallujah. He was in bad shape. He I now yield to the gentleman from was fitting, when we heard earlier Re- was sent back here, and his brother Pennsylvania (Mr. CARNEY). publicans talking about the honor to who was fighting alongside him, a fel- Mr. CARNEY. Thank you, Mr. KAN- serve with a great patriot like Jack low marine, was back there. Jack Mur- JORSKI, the new dean. I know that is Murtha, the fact that he always tha got on the phone and made sure probably a hard title to accept now reached across the aisle. The pall- that those brothers were united at Be- under these circumstances. bearers at his service last week were thesda along with their parents. It’s interesting, I was listening to both Democrats and Republicans. They I remember him counseling a father Mr. LARSON speak, and I truly wish were coming together to be those pall- and his teenage son over at Ramstein that every American had the oppor- bearers in that final service. Hospital in Germany. They had just tunity to be in Johnstown on Monday In that service last week, we heard lost a son. I don’t know where Jack got night last to be part of the wake we how Mrs. Bair told a young Jack Pat- the strength or that reservoir of cour- had because it was truly a celebration rick Murtha that one person can make age to comfort and console the father of a man who deserves to be celebrated, a difference, that one person can and son, but he did, in almost Father but it was very striking in the biparti- change the world. Whether it was in O’Malley quality. sanship that was displayed there. the Marine Corps, in the Congress of He cared so deeply about the troops Friends on both sides of the aisle came the United States, or within the Mur- that serve this great Nation. And as to honor the man who was—and the tha Family, Jack Patrick Murtha cer- BILL YOUNG pointed out, he and BILL word is not overused in this case—a tainly did make quite a difference. made more trips out to Bethesda and giant, who knew how to fight for what In the military, he was proud of his Walter Reed with no publicity. They he believed in, but also knew the art of over three decades in the Corps. He was did it out of duty and honor and re- the possible. proud that he was the first combat ma- spect for those who serve. One thing Jack taught me a long rine to serve in the United States Con- He wrote a book, and on these flights time ago is that we are judged on this gress. He was proud when he had given I was privileged as he would go through Earth not by what we don’t do, but a knife to a current commandant of the it with me. His favorite book of all what we do. That is how I think we all Marine Corps, General Conway. Gen- time was ‘‘War and Peace.’’ He cared as have to proceed as Members of Con- eral Conway talked in the service last deeply about peace as he did about gress in this body that we are privi- week about still having that knife. He making sure that we protected our leged to be elected to serve. And here is was also proud to go down the street at troops when they’re in the field and a man who fought for everything he be- the Walter Reed military hospital to took care of them when they came lieved in. see the men and women, our country’s home. Back in 2006, a number of us had the heroes, when they came back. When He will ever stand out in the minds of privilege of meeting Jack. He became they gave it all on the battlefield and Americans for standing up and speak- our mentor when we came into power they came home, he was there for ing out against the war in Iraq, an as the majority party again. And it was them. issue that he struggled deeply with. his leadership, his tutelage, and his As for his time in the Congress, he But as so many great Americans on guidance that got us here. And the fact was proud of the family that made up this floor and in this Chamber and of the matter is, when you came to ‘‘team Murtha’’—the folks who served around this Nation, he found that pro- Jack with a problem, especially one with great honor and distinction, not file in courage to stand up and speak that dealt with the troops, he was just to the constituents of the 12th out. going to take care of it. Congressional District of Pennsyl- Democrats, I dare say, would not be Before my tenure here in Congress I vania, but also to the citizens of the in the majority if it were not for Jack was a professor at Penn State, and I United States of America. Murtha leading the way and speaking had a student who was deployed to Iraq I am a person who often says that out, because he is a soldier’s soldier. in the first wave of the invasion. He budgets are moral documents. If you And he was respected on both sides of came back from Iraq and told me that, want to see someone’s priorities, you the aisle, as you’ve heard this evening. When we were there, we had to go look at his budget, whether it’s a fam- But as one commentator said, when through Iraqi junkyards to find scrap ily’s budget or a country’s budget. Jack Murtha speaks, he speaks for metal to lob onto our trucks for more Well, the fact is that Jack Murtha America, and he did. protection. When I told Jack that made sure that our troops had every- How proud he was to receive the John story, that kind Irish face of his hard- thing that they needed. If our Fitzgerald Kennedy Profile in Courage ened, those blue eyes didn’t twinkle warfighters were going to put their Award. But his life was not only about quite as much, and that grin firmed up. lives on the line, if they were going to speaking out; it was about the day-to- He said, By God, we’re going to fix be willing to take a bullet to keep our day work, the belief that he had in the that. And by God, he fixed that. families and our country safe, Jack men and women who serve and the peo- Jack, we are going to miss you. We Murtha did not want a fair fight. Jack ple that he was sworn to serve from his are going to look back in that corner. Murtha wanted to make sure that our district, and about the men and women We are going to know that we are not troops had a tactical and a technical who work here. He loved this institu- whole just yet, but we will remember advantage on that battlefield. Jack

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Jack Murtha made sure that, as a there has been none like it. timeline to bring our troops home from new Member, I knew my constituents I honor you, Jack Murtha, for your Iraq, it sent shock waves, not just had to come first, that you represent wisdom, your courage. It has already across our country but around the the people who brought you here in been said—and I akin myself to all of world, that he was going to stand up every vote. my colleagues who have come before for principle and do the right thing. He was enormously helpful to all of me, but the redundancy needs to be That is the kind of marine, that is the us here. Certainly, if I had a question said over and over again—that our kind of leader that Jack Murtha was. or a concern or an issue in my district, country has lost a giant. This institu- It was no surprise to many of us who I’d first turn to Jack Murtha and get tion will never be the same. We will had watched him throughout the years his advice on how I should proceed. strive to carry the torch and passion of when he was awarded John Kennedy’s In November, I am so grateful that I Jack Murtha, those of us on the com- Profile in Courage. He was so proud of was given the privilege to travel with mittee, on the full committee, and in that award because he knew what that Jack Murtha to Afghanistan over the this Congress on both sides of the aisle. award represented—the fact that he, a Thanksgiving work period. We went to We love you, Jack Murtha. I pledge guy who had grown up in Johnstown, visit our troops abroad. To be with him to you, as I do my work here in the Pennsylvania, had finally made a dif- and to see how he interacted with our United States House of Representa- ference. troops was just a wonderful experience tives, it is because of you and others Lastly, we all know Jack to be the to be a part of. In seeing his ques- like you who showed me and helped me family man that he was. The fact is he tioning of those in charge, I learned a to become that defense prote´ge´, if you was most proud of his wife, Joyce, of lot from him over that trip—how to do will, who will speak out, who will pro- his kids and of his grandchildren. He’d a CODEL, how to do it right and how to tect our men and women in uniform be here at the Capitol so early, by 6:00 come back with the information that and our entire United States of Amer- in the morning at least. Then when you need. There was no better person ica. So rest in peace, my great warrior. we’d have late votes, at about 7:00 or to really take that journey with than To his family—to his children and 7:30, you could see him fidgeting. We Jack Murtha. grandchildren—know that you have a used to joke with him. His mere presence in Afghanistan and friend in all of us. We have adopted you You’d hear Bob Ray ask, What’s the everywhere we went on that trip com- into our family. Let us speak and serve matter? Does Joyce have pork chops manded respect from everyone we en- and reach and grow and build a new going on? You know, why do you want countered, and his keen insight and un- United States of America as Jack Mur- to rush out of here? derstandings of the needs of our troops, tha has held us to do. He’d say, I’ve got to get home. I think, was appreciated by everyone. God bless you, Jack. We will never He wanted to make sure that he was All of those whom he touched there forget you. home so he could be there with his knew that he had one interest, and Warrior. Statesman. Husband. Father. Leg- family to have a meal. that was to take care of those who islator. Chairman John P. Murtha was the epit- I believe that John Patrick Murtha were there serving our country. ome of the best of what our nation’s military and his service that he gave to our Jack Murtha was a true patriot. He and this Congress does. As one of the seven country as a marine, as the chairman, loved his country, and he believed in people in the history of our country selected to and as a family man is a testament to the value of public service. His passing Chair the House Defense Appropriations Sub- his life’s work, which is that one man is a great loss for the United States of committee, Chairman Murtha comes from a can make a difference. America. It is a great loss for the Com- family with a long and stellar line of service to God bless you, Jack Murtha. monwealth of Pennsylvania. It is a our country. Chairman Murtha’s great-grand- Mr. KANJORSKI. Thank you, Mr. great loss to his district. It is a great father served in the Civil War. His father and MURPHY. loss to all of us who served with him in three uncles served in World War II. Chairman Mr. Speaker, I yield to the last of the the House. I am grateful to have served Murtha, along with his brothers, served in our Pennsylvania delegation, Representa- with him. nation’s military during the Vietnam War. His tive DAHLKEMPER of Erie. God bless Jack Murtha. God bless his sons served in the military as well. Of course, Mrs. DAHLKEMPER. I thank the family—his wife, Joyce, his children we all know that Chairman Murtha went in as gentleman, our new dean of the delega- and his grandchildren. an enlisted man in the United States Marine tion. Mr. KANJORSKI. Thank you, Mrs. Corps, serving as a drill sergeant at Parris Is- I join my fellow Pennsylvania mem- DAHLKEMPER. land, South Carolina, the home to many of our bers and all of those who are here to- Now we will hear from the gentle- Marines. In 1966, Chairman Murtha volun- night to honor Jack Murtha. I am woman from Michigan (Ms. KIL- teered for active duty in the Marine Corps, deeply honored and equally saddened to PATRICK). joining his brothers in combat. Chairman Mur- stand here in tribute to our colleague Ms. KILPATRICK of Michigan. Mr. tha earned two Purple Hearts, a Bronze Star and to my friend, the late Jack Mur- Speaker, I, too, come to pay homage to and the Vietnamese Cross for Gallantry in tha. I am the youngest—or the newest a giant—to our leader, our chairman, Vietnam. Chairman Murtha served in the Ma- member, I should say. I am not the the epitome of a public servant. All of rine Corps in the reserves, and retired as a youngest. I am the newest member of us feel like he was our best friend. Colonel. the Pennsylvania delegation. I’ve been As the newest member of the Defense Chairman Murtha, after active duty in Viet- here just 14 months. Appropriations Committee, I was in nam, became active in politics and was elect- Yet, from the first day that I stepped awe as I watched the chairman yield, ed to Pennsylvania’s House of Representa- onto this floor, Jack Murtha was a educate, speak, and do what he did so tives. When Chairman Murtha was elected to friend, was a mentor. He welcomed me that all of the members on our sub- Congress in 1974, he was the first Vietnam into the corner, the famous Pennsyl- committee, on both sides of the aisle, era veteran elected to Congress. Chairman vania corner which I had heard so could participate in the process. Murtha was a dedicated and devoted servant much about. He welcomed me gra- Chairman Murtha held 32 hearings to the people of Pennsylvania’s 12th Congres- ciously, sharing his wisdom, sharing before we even got to the appropria- sional District. We all know Chairman Murtha. his intellect, his wit, his humor. tions bill last year. I was at every one What many people do not know is how He would say, Hey, kid. How ya of them. To watch him and to watch Chairman Jack Murtha fought for pay raises doing? the prestige and the honor that he re- for all members of America’s military. How

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1807 Chairman Murtha demanded accountability tle more than 17 years but not very that he set for all of us as a bipartisan from all our Presidents on the number of con- closely until the last year and a half or collegial representative. To watch the tractors in Iraq and Afghanistan. What many so, and that was because I now serve on interaction between Mr. Murtha and people do not know is how Chairman Murtha the subcommittee that he chaired, the Mr. YOUNG and to be able to feel and to took a young Member of Congress aside and Subcommittee on Defense. see the genuine friendship and mutual taught her or him how to get things done. I felt a great sense of admiration for respect that they had for each other What many people do not know is that Chair- him, for the focus that he had on the was a lesson every day in the man Murtha was feared, and also respected; work that he had to do and for the way collegiality and the civility that Mem- Chairman Murtha was intimidating and also in which he did it so very, very effec- bers of this institution should carry in loved. There is a reason that just over my tively. I could understand why, because the traditions of this institution. shoulder, on the House floor, a flag hangs in that was the simple nature of the man, Jack Murtha made and left indelible respect, love and admiration in the seat that and it was the kind of thing that he footprints on the United States of Chairman Murtha called home for more than had done all his life. America. He made an impression on all three decades. He served in the military, and was a of us, on his family, Joyce, who was a Chairman Murtha’s respect went far beyond great exemplary of strength, and mentor to my wife in the Congressional the confines of the House Appropriations honor, and courage, and he had done Club as Jack was a mentor to me in Committee on Defense. When our Nation’s the same thing during his tenure here this House. I can remember my very warriors go to fight for us, they deserve noth- in the House of Representatives. He first trip to Murtha’s Corner, seeking ing but the best in return. That was Chairman served with strength, and honor, and sage advice, and I can remember the Murtha’s goal for the men and women of our courage. He did a great many things last trip on his last day on the floor a Nation’s military. Chairman Murtha, very sim- for the district that he represented, a thousand visits later. ply, made things happen. You know what? great many things for Pennsylvania, Jack made a lasting impression on Most of the things that Chairman Murtha made but also a great many things for many us. He was a friend. He was a mentor. happen never made the pages of the news- places across this country. I know that He was a Members’ Member. The world paper. They were not in a sound bite on tele- he did a great many things in helping is better because Jack Murtha was vision or on radio. But each and every Mem- me. here. This institution and our country ber who walks these halls know that Congress So, again, I want to express my deep are better because Jack Murtha was here. is a lot emptier and things will not be done as sense of gratitude for Jack Murtha, my Someone said you make your living quickly or as well since the loss of Chairman deep respect for him and this deep, un- by what you get; you make your life by expected sadness in his leaving us. I Murtha. I do not believe that it is an under- what you give. Jack Murtha indeed had thought that he would be here for statement when I say that the reason why our made a life and he made our lives bet- a long, long time. Nevertheless, we will troops in Iraq are coming home today is be- ter for his service. cause Chairman Murtha, warrior, statesman, continue to have the strength that we Thank you, Jack. Thank you to the and lover of his men and women in combat, have had as a result of our interactions Murtha family. Thank you, God, for al- said ‘‘enough.’’ with him. We will be much more effec- lowing us to know, love, and share the Chairman Murtha knew defeat and victory. tive, much more knowledgeable, and life of this very exceptional and re- Chairman Murtha loved the institution of Con- there will be a continuation of positive markable man. gress, he loved his family, he loved his Ma- things done here. A lot of those posi- Mr. KANJORSKI. Mr. Speaker, I rines, he loved his service members of our native things will be as a direct result of yield now to the gentleman from New tion’s military, and those individuals who vol- the leadership and of the examples set Jersey (Mr. HOLT). unteer to put themselves in harm’s way to de- by Jack Murtha. Mr. HOLT. We will miss Jack Mur- fend our Constitution. Chairman Murtha de- Thank you, Jack, for everything that tha. Strong-willed plain spoken, fear- fended our Constitution as a Marine in combat you’ve done. less, dedicated, patriotic, honorable, in Vietnam. Chairman Murtha defended our Mr. KANJORSKI. Thank you very and remarkably generous with his Constitution as a Member of Congress. Chair- much, Mr. HINCHEY. time, his wisdom, and his advice. We man Murtha will continue to guide the spirits Now we will hear from the gentleman will not see the like of him. and souls of us all as we work to solve the from Georgia. The descendant of veterans of the problems of America. Because that is what Mr. BISHOP of Georgia. I thank the American war of independence and the Chairman Murtha did—solve problems. gentleman for yielding and for allow- Civil War, he was the champion of the Chairman John Patrick Murtha, rest in ing me to participate in this tribute to marine, the soldier, the sailor, the peace. To his wife and family, know that we our great friend. flyer. And to me personally he was will always honor and cherish his memory, The poet wrote that the lives of great magnanimous. and we thank you for sharing him with us for men all remind us that we can make When the Speaker created the Select more than three decades. The heart of a lion our lives sublime, and departing, leave Intelligence Oversight panel as part of that once roamed the halls of Congress is lost, behind footprints on the sands of time. the Appropriations Committee and and I will miss his kind heart, his vivacious Jack Murtha was a great man, and asked me to take the chair, Jack Mur- spirit, and his intelligence forever. he, indeed, left indelible footprints. He tha embraced the panel and gave it Mr. KANJORSKI. Thank you very left footprints on his beloved district in strength, even though it might have much, Ms. KILPATRICK. Pennsylvania with all of the projects appeared to lessen his authority. Of Now we will hear from the gentleman and all of the things that he did for his course, nothing ever diminished the au- from New York (Mr. HINCHEY). constituents there over the 36 years of thority of Jack Murtha. He embodied Mr. HINCHEY. Well, thank you very service he gave. authority. More than magnanimous, he much. He left footprints on the Department was kind and sharing. I just want to express my deep sense of Defense and on the men and women We express our sympathy to the fam- of sadness for the loss of a very dear who served in our military and their ily, friends, and all of those who Jack friend, someone for whom I had a great families with all of the care and the Murtha championed who don’t know deal of respect and admiration. I know concern that he put into making sure what he did for them and what he did that sense is not unique. It is shared that they had everything that was for America. What a loss. and expressed by a great many of other needed to carry out their missions and Mr. KANJORSKI. Mr. Speaker, I people. Of course, the reasons for that that they got what they needed when yield to the gentleman from New Jer- are the interactions that he had with they returned home. sey (Mr. PASCRELL). so many of the people. It is the involve- Mr. PASCRELL. We who worked ment that he had and the way in which b 1815 with Jack Murtha day in and day out he provided leadership and direction He left a footprint on this institution really appreciated his deep respect for for a great many. I knew him for a lit- with the leadership and the example this institution.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1808 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 In a time when we see the demise of feel like I really started to get to know We have lost a friend and colleague, and institutional respect and ritual, he en- him before that. In 2000 I started dat- our country has lost a great public servant and joyed the ritual of this House, just as ing Judy, who is now my wife, and she statesman. Congressman John Murtha will be he enjoyed the ritual of serving his is from Johnstown. Her family is still deeply missed. country as a marine. He enjoyed the in Johnstown. So I would go to visit My thoughts and prayers are with his wife ritual of marriage. He was honorable, Judy’s family in Johnstown and I Joyce, his daughter Donna, his twin sons Pat he was devoted, and he was faithful; a would hear people talk about Jack and John and his three grandchildren: Jack, faithful brother who served his country Murtha. I would see what Jack Murtha Anne and Clayton. and asked nothing in return. Man, that did for his district. And I knew that his is different in this city. constituents, especially the people of It is our charge to ensure that his memory Jack and I 7 years ago came together Johnstown, loved Jack Murtha. and legacy lives on, and that we continue his in two different paths in order to re- When I was elected, I would often go fierce dedication, loyalty and love for the brave spond to our soldiers, our brothers and say hello to Jack over in the Pennsyl- men and women of the Armed Forces. sisters, our aunts and uncles and fa- vania Corner, just come over to say Ms. MCCOLLUM. Madam Speaker, I and thers and mothers who were coming hello, and so many times he would give the following members rise in recognition of back from Iraq and Afghanistan with me that smile and he’d tap his col- the late U.S. Representative John Murtha’s the signature injury of those two wars: league next to him on the shoulder and lifelong dedication to members of our armed traumatic brain injury. No contusion, say, This guy married a gal from services: Representative BRUCE BRALEY, Rep- no blood, misdiagnosed, never diag- Johnstown. And I always felt a very resentative TIM WALZ, Representative KEITH nosed. And post-traumatic stress dis- close connection to Jack because of ELLISON, Representative JAMES OBERSTAR, order. It was part of my official family. that. Representative LEONARD BOSWELL, Represent- I knew it firsthand. And Jack said, I feel very blessed to have had the op- ative DAVID LOEBSACK, Representative COLLIN Why don’t we bring the civilian re- portunity in these 5 years to get to PETERSON, and Representative TOM LATHAM. search and the military research to- know Jack Murtha and what he did for Chairman John Murtha was a passionate gether. So we set out. Can you imagine Johnstown. I certainly saw people suf- legislator and decorated ex-Marine who never going into a war without having ready fer through floods, economic turmoil, stopped fighting for our men and women in how we would help those soldiers com- and he really cared about the people, uniform. In 1974, Murtha, then an officer in the ing back? Jack couldn’t. And he did and doing all he could for them meant Marine Reserves, became the first Vietnam something about it. a lot to him. War combat veteran elected to the House of When you go to Walter Reed Hos- I will really miss Jack and what he Representatives. As Chairman of the House pital, a hospital that was supposed to meant to so many of us. I really think Appropriations Subcommittee on Defense, be closed, if you remember, 4 years ago, that Jack loved his job because he Congressman Murtha was a tireless advocate and you see the state of the art, he did knew it gave him a great opportunity for our troops, military families, and our vet- not give up on those soldiers, many of to do what he really believed, and that erans on Capitol Hill. At a time when we are whom would be dead if it were not for is take care of people, to help people mourning his passing, it is important to recog- what he did in getting the resources so out. And this job gave him the oppor- nize Chairman Murtha’s work to ensure that that the state-of-the-art treatment for tunity to do that, and he did it veterans receive support. The undersigned our soldiers would be there. throughout all of his life. And because members would like to call attention to the To his friends on both sides of the of that I will greatly miss Jack Mur- work he did to secure the benefits promised aisle, let us remember when Jack tha. and earned by 22,000 National Guard and Re- would come to the microphone, and it God bless Jack Murtha, Joyce, and serve personnel in our states. wasn’t often, but he came to the micro- his entire family. phone during appropriations time, and Mr. KANJORSKI. Madam Speaker, In January of 2007, the Department of De- fense authorized Post-Deployment Mobiliza- he would say many times to me, BILLY, we have the Speaker who will be arriv- watch how quick I’m there and I’ll be ing and, as I understand it, we have ad- tion Respite Absence (PDMRA) program, gone. And you would think the chair- ditional Members who will make re- which provides additional pay when a soldier man would want to give a dissertation. quests to speak for 5 minutes. deploys more frequently than DOD policy re- But he had done his homework. There Ms. LEE of California. Madam Speaker I quires. For the two years since the authoriza- were no speeches that were necessary. rise to remember my friend and our dear col- tion of PDMRA, the Pentagon’s implementa- He did not mention platitudes. It was league Congressman John Murtha. tion of the program has been slow and incom- honor, duty, and then a nonpretentious I was deeply saddened when I learned of plete. As result, thousands of National Guard exit. Congressman Murtha’s death. I share the sen- and Reserve members who have served mul- Good friend, you are not gone. We timents of my colleagues on the floor today, tiple and extended tours in Iraq and Afghani- will remember you and we love you. and my heart goes out to the entire Murtha stan did not receive the pay to which they are Mr. KANJORSKI. I yield to the gen- family for their loss. entitled. This problem has affected National tleman from Illinois (Mr. LIPINSKI). The people of Pennsylvania and of this en- Guard and Reserve personnel in every state Mr. LIPINSKI. I thank the gen- tire country have lost a good and faithful serv- across the nation. Members organized to bring tleman from Pennsylvania for yielding. ant with the passing of Congressman John attention to this problem and to find a resolu- I know a lot of people have talked Murtha. tion. The undersigned members have sent let- about Jack Murtha as a giant, and I For nearly half a century, whether it was on ters to the Pentagon, organized events, and really think that this institution prob- the battlefield as a Marine, the Pennsylvania met with armed services personnel for years ably will not see another man like state legislature or on Capitol Hill, John Mur- and asked for the Chairman’s assistance and Jack Murtha in many ways. tha always led with distinction and honor. leadership. But I really think what stands out As a veteran of the Vietnam War, Congress- Chairman Murtha heard our request and most to me and what has come through man Murtha served this country courageously took action. He made phone calls directly to here is that Jack Murtha had a heart and was a staunch advocate for our men and Defense Secretary Robert Gates and Army of gold. He really cared about people. women in uniform. Secretary Pete Geren. He included language He cared about the men and women in In the House of Representatives he was a to remedy the delay in the FY10 Defense Ap- our Armed Forces. He cared about his true leader, and a man of conviction, who was propriations bill, and in numerous letters to the colleagues. And he cared about his con- always willing to share a word of wisdom. Department of Defense since 2007 Congress- stituents greatly, especially in his He had the courage to call for a withdrawal man Murtha supported his colleagues in mak- hometown of Johnstown, Pennsyl- of U.S. troops from Iraq long before it was ing it clear that further delay in resolving this vania. popular to do so and I will always be grateful issue was unacceptable to our members of I really didn’t get to meet Jack Mur- for his willingness to take such a difficult the armed services. Because of the Chairman tha until I was elected in 2004, but I stand. Murtha’s support, the Department of Defense

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1809 issued Army policy guidance for cash reim- cially those unique to women. He not only didn’t always agree, but you always knew that bursements for PDMRA for Reserve and Na- worked to help adapt military technology to aid his heart was in every fight he took on. People tional Guard personnel, which represents a in the treatment of cancer, he and his loving listened to his counsel. He had conviction. He crucial step in finally resolving this issue. wife Joyce have supported initiatives to di- inspired respect. The late Congressman John Murtha has rectly assist breast cancer patients and sur- The kind of respect that Jack Murtha had in shown throughout his time in the military and vivors. this House doesn’t come automatically. No in Congress that he is a dedicated leader on Chairman Murtha was a giant among men, one has it when they take the oath of office for fighting on behalf of military families. and his lifelong service to our country will be the first time. It has to be earned. Ms. HARMAN. Madam Speaker, Jack Mur- missed. Jack Murtha was no nonsense. Like Presi- tha was a paradox: a big man with an impres- Ms. HIRONO. Madam Speaker, I join with dent Truman, he didn’t suffer fools. You knew sive war record who never wavered from his my colleagues in the House to express my where he stood, and if you were lucky, you commitment to the wounded, the disadvan- deep sadness at the passing of one of the had him in your corner. He was a fighter, for taged, and always challenged those who, in most extraordinary members to serve in the his country and for the people of Pennsyl- his strong opinion, underestimated the eco- U.S. House of Representatives. Jack Murtha vania. nomic and human costs of war. He was a poli- will be missed as a courageous statesman, a Jack Murtha was a leader. He loved our tician who constantly spoke his mind, and respected colleague, an effective legislator, a country. He loved the men and women of the never worried about ruffling feathers. That’s dedicated representative of his constituents in Armed Forces, and especially the United rare in today’s Washington. Jack reached out Pennsylvania, a true friend to those who wear States Marine Corps, of which he wore the to his colleagues—not just those who sat near the uniform of one of the U.S. Armed Serv- uniform and served with great distinction. him in the ‘‘Pennsylvania corner’’ on the ices, a treasured friend, and most important as He also loved the Congress, and under- House floor, but to others whom he respected. a beloved husband, father, and grandfather. stood its indispensable role as a co-equal The people of California’s 36th District and I Many of you served with Jack Murtha for branch of our federal government. Anyone are lucky to have been one of those he looked decades; as a sophomore member of Con- watching the House floor could see his leader- out for. I remember his visit about a decade gress, I only had the privilege of serving with ship in action, as he held court with other ago to the Los Angeles Air Force Base Space Jack for a little over three years. Despite the members in the back corner. A master legis- and Missile Systems Center, located in my fact that he was one of the most senior and lator, he built relationships, mentored other Congressional district. Of course he cared powerful members of our body, Jack was in- members, and conducted the business that about SMC’s mission of development and ac- terested in the needs of my district and helped runs this institution and plays a big part in run- quisition of our nation’s defense satellites, he me to secure funding to clean up sites in Ha- ning this country. also wanted to know about the people of waii impacted by Department of Defense ac- With the passing of Jack Murtha, we have SMC. He met with the generals and staff tivities. lost one of the giants of the House. I salute about how things were going, and whether Congressman Murtha’s decades of dedi- his dedicated service to our country—as a Ma- funding was on track, but he also took the cated service in the U.S. Marine Corps and rine, as a businessman and community leader, time to speak at a ‘‘town hall’’ style meeting Reserve and his service in Vietnam gave him and as a Member of Congress. with the workforce where he thanked them for an appreciation of the sacrifices made by the Jack Murtha will be deeply missed. My con- their service and to check on their well-being. men and women who serve in the Armed dolences go to his wife Joyce, his children They will miss him. So will I. I hope Joyce and Forces. Nothing was more important to him Donna, Pat, and John, and also to the people his family are comforted by how big the big than the wellbeing of service members and of Pennsylvania he cared about so much and man’s impact was. their families. And he and his beloved Joyce represented so well. Mrs. LOWEY. Madam Speaker, I rise to pay regularly went to visit the wounded at Walter Ms. WASSERMAN SCHULTZ. Madam tribute to the life of our dear friend and col- Reed and other hospitals. Speaker, first, let me thank Congressman league, Chairman John Murtha. Jack was truly Despite his years of service in the military KANJORSKI for reserving this Special Order an all-American—a committed public servant, and his long-time record as an advocate for today to honor the life, legacy and service of decorated veteran of war, small businessman, the military, Jack did not hesitate to speak his our friend and colleague John Murtha. devoted husband and father. conscience. Despite his initial support for the Our Nation has lost a gifted lawmaker, a de- Many have recalled in recent weeks his War in Iraq, he became disillusioned with the voted public servant and a true patriot. In service on the front lines of combat. His expe- conduct of the war and called for the with- 1974, Jack became the first Vietnam War rience in the military made him a lifelong ad- drawal of our troops. This took great courage combat veteran elected to Congress. His spirit vocate for our men and women in uniform and and, in my view, speaks to the inherent honor emboldened and his resolve hardened by his a compass for this body when it came to mak- of this fine man. service on the battlefield, he became a tireless ing some of the toughest issues we face— It is still hard to believe that Jack is gone. advocate for the people of Pennsylvania and those related to the defense of the United He had such a dynamic presence that it feels all Americans. States. as if he is still here with us—sitting in his cor- We all know so well that he never lost his Jack Murtha exercised his power to protect ner holding court. In his book, From Vietnam courage and his dedication to our Nation’s se- the country he loved, taking seriously the trust to 9/11, Jack wrote, ‘‘Ever since I was a young curity, our troops, or their families. Even after of his constituents and his responsibility to the boy, I had two goals in life—I wanted to be a his election, he continued to serve in the Ma- American people. As Chairwoman of the for- colonel in the Marine Corps and a member of rine Corps Reserves until 1990 as a Colonel, eign aid subcommittee and a member of the Congress.’’ He achieved those goals and so receiving the Navy’s Distinguished Service Select Intelligence Panel, I witnessed firsthand much more. Medal. and benefited from his expertise on military I send my deepest sympathy to Jack’s part- From my first day here, Jack was always a strategy, intelligence, and foreign policy. ner of 55 years, Joyce Murtha; to his daughter mentor and a friend. When I was first ap- His compassion and commitment to do what Donna; his sons Pat and John; and his grand- pointed as a Cardinal on the Appropriations was right were equally impressive. On his children. I join all my colleagues in giving Committee, Jack was right there with sage ad- broad shoulders, he carried a great burden to thanks for Jack’s life of service and accom- vice and a helping hand. His no-nonsense ex- not only provide for our troops and our secu- plishment. Mahalo nui loa, Jack. terior contained a fiery soul and fierce intel- rity, but to ensure that we have made this Mr. SKELTON. Madam Speaker, I rise ligence the equal of which this body has sel- world better and safer, including for innocent today to pay tribute to my friend and colleague dom known. Our Nation is surely better for his civilians in warzones and vulnerable societies Congressman John Murtha of Pennsylvania. It service to it and a grateful country grieves its around the world. And, with a heavy heart, he is with a heavy heart that I say goodbye to a loss. regularly gave his time to lift the spirits of men friend of more than 30 years. Our thoughts and prayers are with his wife and women recovering from injuries in battle, Jack Murtha arrived in Washington to serve Joyce, their children, and extended family dur- sharing with them the appreciation of a grate- in this House in 1974, just a few years before ing this time. ful nation. I had the honor to join this distinguished body. Mr. LEWIS of California. Madam Speaker, Finally, I would like to note his dedication to Jack Murtha and I had a lot in common, in Jack Murtha and I served together in this insti- a goal we shared—alleviating cancer, espe- our love for the troops and for our country. We tution for over 30 years. We disagreed at

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1810 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 times over policy and politics, but I am proud coming a Marine Corps drill instructor. His Jack Murtha will always be remembered for to say that Jack was my friend. military career not only led him to receive a his extraordinary service to his country, both in Throughout my time in Congress, I have degree from the University of Pittsburgh, but and out of uniform. He always put the inter- never seen a more valiant defender of the also placed him on the front lines of service in ests of his country, his state, and his constitu- men and women of our armed forces than the Vietnam War. During this time, he was ents first and he will be greatly missed by all Jack, nor a more steadfast advocate for our awarded the Bronze Star with Valor device, who knew him. country’s unequaled national defense. two Purple Hearts, and the Vietnamese Cross Outside of Pennsylvania, Jack Murtha will Years ago, when I was convinced that we of Gallantry. be remembered—and rightly so—for his skills should push forward quickly with development In 1974 John was elected to the U.S. House in navigating the ins and outs of House rules of the Predator UAV, Jack listened to my rea- of Representatives and had an extraordinary and procedures. He will be remembered as sons and helped me push through the funding 36 year career, obtaining the distinction of someone who could get things done in Wash- that has produced one of our most valuable Pennsylvania’s longest serving Congressman ington. weapons in the War on Terror. two days before he passed. A fiercely inde- As a former colonel in the Marine Corps, When I became chairman of the defense pendent-minded public servant, John strived Jack never forgot Congress’ primary responsi- appropriations subcommittee, I counted on for bipartisan solutions to our nation’s strug- bility to provide for our common defense. His Jack Murtha to be a partner rather than an ad- gles. He had no fear of partisan attacks and unceasing commitment to our national security versary when the welfare of our military was as the Chairman of the House Appropriations will go down as legend in Washington, as will on the line. When we urged that the F–22 pro- Defense Subcommittee he courageously the work he did on behalf of our men and gram be reined in to ensure it was thoroughly spoke out against the Iraq War. His fearless women in the military through his chairman- tested, Jack was by my side and helped win calls for the withdrawal of American forces in ship of the Subcommittee on Defense Appro- the day and make that a better airplane. Iraq, in the face of strong partisan confronta- priations. Just weeks ago, Jack and I traveled to- tions, earned him the John F. Kennedy Profile For those of us from Pennsylvania, espe- gether to Afghanistan. We were under tight in Courage Award. cially the western part of the state, Jack will timelines that were influenced by the situation I thank John for his service to our nation. I always be remembered and greatly missed for on the ground. Although the travel was hard extend my deepest sympathies to John’s wife the dogged determination he showed over his and the schedule was arduous, Jack main- Joyce, his children Donna Sue, John, and Pat- career to make sure the needs of the people tained the energy and dedication of a man half rick, and his grandchildren in this difficult time. he represented were met. his age. His unwavering purpose was to learn John was a tremendous public servant who There is little doubt that Jack left an indel- as much as he could, gain as much insight exemplified the spirit of America. He will be ible mark on this House and his impact will from our commanders as possible, and see for greatly missed. still be felt long after he is gone. Ms. DELAURO. Madam Speaker, I rise himself the challenges our country faces in Personally, I will always remember Jack as today to pay my respects to a tireless cham- that region. a friend to both my father and me over the 36 pion for soldiers, veterans, and the middle He was a true patriot, and his passing is a years he served the people of the 12th district class, a venerable lion of this body, and a cause for great sadness. This Congress will of Pennsylvania. treasured friend, Congressman Jack Murtha. Jack was an extraordinary person—a tire- be a much lesser place without him. The first Vietnam veteran ever elected to less advocate for his constituents, and a My wife Arlene and I offer our most sincere the House of Representatives, Congressman champion for our national security. We have condolences to his family, and also to his sec- Murtha dedicated his career to America’s fight- lost a true patriot. I send my condolences to ond family—his Congressional staff and the ing men and women, and always worked to Jack’s wife Joyce and their children. My Members and staff of the Appropriations Com- put our troops and their safety first. I consist- mittee. ently relied on his wisdom and his insights on thoughts and prayers continue to be with them Mr. BACA. Madam Speaker, I rise today in matters of defense and national security. and the people of the 12th District. recognition of a dear friend and colleague, lov- From his position as Chairman of the De- Mr. BRADY of Pennsylvania. Madam ing father and grandfather, and a true Amer- fense Appropriations Committee, Jack’s ex- Speaker, thank you for allowing me to say a ican patriot, Rep. John Murtha. traordinary dedication to the well-being of our few words about our friend Jack Murtha. First, John served proudly when called to action troops and their families was evident in his ac- I would like to advise Mrs. Murtha that I am in the Vietnam War, and his valor was recog- tions every day. He knew that keeping our sol- her adopted son. I don’t know if Jack ever told nized with the Bronze Star, and not one—but diers out of harm’s way meant providing them you (Mom). But, he did adopt me. two Purple Heart awards. with state-of-the-art equipment, from sub- He took me under his wing. It was warm in In all, John spent an astounding 37 years of marines to helicopters. And with that in mind, the winter and cool in the summer. He also his life in active and reserve duty service in he helped to maintain a defense-industrial taught me a few things. He taught me to be the Marine Corps. base that brought high-paying, high-skilled courteous to everyone and that everyone is In 1974, John heeded another call to duty, manufacturing jobs both to his home state of special. He made us all feel special. He was and began a life of public service here in the Pennsylvania and my own state of Con- more comfortable with the privates than with House of Representatives. necticut. His legacy will live on not only in his the generals. He made everyone feel impor- John served his constituents in Western service to military men and women, but tant. Pennsylvania for an impressive 19 terms. through the millions of jobs he helped to cre- He would make the little people feel needed In Congress, he was respected for his polit- ate in our region. and appreciated. He had a great sense of ical prowess—and his tireless passion to sup- Jack was also concerned with the well-being humor and enjoyed telling his stories and port America’s men and women serving in uni- of Americans waging another kind of battle, jokes. He had a big heart and tremendous form. and he always supported critical funding for compassion for people. John Murtha was a man who measured our research on diseases such as cancer, AIDS, Unfortunately, a whole lot of people—includ- nation’s strength not only military might, but and diabetes. In short, he was a great ally to ing our illustrious press—never knew that Jack also in the well-being of our people; and I am Connecticut, a great Pennsylvanian, and a Murtha. proud to have served with him in this body. great American, and he will be deeply missed. With the exception of his family, I was more The thoughts and prayers of my wife Bar- This House is smaller after his passing. fortunate than all of you. Every Thursday or bara and I go out to Joyce and all of John’s Mr. SHUSTER. Madam Speaker, I want to Friday before we broke for the week, I would family during this difficult time. thank Representative KANJORSKI for organizing say goodbye to him. Because of his knee Mr. QUIGLEY. Madam Speaker, I rise today this afternoon’s special order to honor the problem, I would help him down from his in honor of Congressman John Murtha, who memory of our friend and colleague Jack Mur- seat—the only reserved seat in Congress. passed away on February 8th, 2010. Rep- tha. Then, I would shake his hand and give him a resentative Murtha was an exemplary leader Over the course of the hour many members kiss goodbye. I did not know Wednesday Jan- and an American patriot. of our delegation and the House will add their uary 27th would be the last time I would kiss Born into an Irish-American family, John left own personalized sentiments to memorialize my friend good bye. college in 1952 to join the Marine Corps. Here Jack Murtha and I appreciate the opportunity Jack Murtha was your friend. Jack Murtha he would begin his course in leadership, be- to add my own remarks today. was the best friend of the men and women in

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1811 uniform. He will be deeply missed. We will To me, Jack was a friend and a mentor. In He spoke often of the strong women in his never see another Jack Murtha. a sense that was a relationship I inherited. My family being essential to his success in life. Mr. MOLLOHAN. Madam Speaker, I join my father, who represented West Virginia’s First His great-grandmother, he once recalled, colleagues today to express my deep sadness District until he retired in 1982, worked closely told him at age 6, ‘‘You’re put on this Earth to at the passing of our colleague, Jack Murtha. with Jack. Shortly after I won election to his make a difference.’’ As I look around the Floor of the House this seat, Dad told me that I would never go wrong Boy, did he ever. evening, I see Democrats and I see Repub- seeking Jack’s counsel. He was right. He volunteered as a Marine, first in the licans. I see veteran members of the so-called Finally, Jack was a family man, a loving 1950s during the Korean war. ‘‘Pennsylvania corner’’ and I see freshmen husband and partner to his wife, Joyce, and He re-enlisted at age 34 and served in Viet- members—from California, from the northeast, parent to Donna, John, and Patrick. Their loss nam—earning the Bronze Star, two Purple from the south. I see Jack’s fellow appropri- cannot be described by words. They have my Hearts, and the Vietnamese Cross for Gal- ators, and I see members who, on other days deepest condolences. lantry. He became the first Vietnam veteran to be perhaps, boast proudly of never seeking ear- Jack will be missed by all. Mr. RANGEL. Madam Speaker, I rise today elected to Congress, in a February 1974 spe- marks. Jack Murtha was one of the few mem- cial election, starting a legendary Washington bers of this body who could draw together to pay tribute to the life of our former colleague, Congressman John Murtha. He died career as a member of the Appropriations such an eclectic group. Committee. That is not a surprise—for Jack Murtha was on February 8, 2010, at age 77, following complications of surgery. John represented When I came to this chamber for the first truly a man of the House. He was a Member’s time, the ‘‘Pennsylvania Corner’’ was in full Pennsylvania’s 12th Congressional District for Member. He cared about his colleagues, and flower. We grew close and even though we 36 years in Congress, longer than any Penn- he respected his colleagues—even when he didn’t agree on everything, we worked to- sylvania lawmaker. thought they were wrong. Being able to dis- gether often—on issues ranging from breast agree civilly has—to the great detriment of our John Patrick Murtha was born June 17, 1932 in New Martinsville, West Virginia, and cancer research funding to the Intrepid Mu- public life—become an uncommon quality in seum on the Hudson. Washington. Jack practiced it better than any- moved to Pennsylvania as a child. He grad- When he decided that the Iraq war was one. uated from the University of Pittsburgh in 1962 unwinnable in 2005, he earned his stripes all Jack was a legislator. His ability and willing- with a degree in economics and did graduate over again, providing leadership on this crucial ness to work with almost anyone was one of work in economics and political science at In- issue. He visited my district, and so many oth- the reasons Jack was so effective—if you’re a diana University of Pennsylvania. ers, explaining how he came to his decision. Democrat and wanted something done, you Congressman Murtha dedicated his life to Madam Speaker, as a Congressman, Jack wanted Jack on your side. If you’re a Repub- serving the nation he loved, first in the military. Murtha won respect in these halls and on this lican and wanted something done, you wanted He entered the U.S. Marine Corps in 1952, floor . . . but as a man, he earned our love. Jack on your side. during the Korean War period, and served We will miss him. Jack was a Representative. He loved his until 1955, joining the Reserves. Then, during My thoughts and prayers are with his wife District, respected his constituents, and the Vietnam conflict, he volunteered for com- Joyce, and the entire Murtha family. worked as hard for them as any Member ever bat and served as an intelligence officer in Mr. KILDEE. Madam Speaker, I rise today has. 1966 and 1967. John received the Bronze to honor the life and memory of my friend, Jack was an institutionalist. He believed in Star and two Purple Hearts for this service, re- John Murtha. this House of Representatives, he defended tiring from the Marine Corps Reserve as a John was an extraordinary man, patriot and its prerogatives, and he protected them. It has colonel in 1990. Congressman. He served with distinction as been my great privilege to work closely with One of the first Vietnam veterans to sit in the Chairman of the House Appropriations De- two of the greatest defenders Congress has the House and a career reservist, John effec- fense Subcommittee where his knowledge and ever seen—the senior Senator from my own tively applied this valuable insight to his work expertise on military issues was unparalleled. state . . . and Jack Murtha. in Congress. As the Chairman of the House Our troops and veterans had no greater advo- Jack was a leader. His respect for his col- Appropriations Subcommittee on Defense, he cate than John Murtha and the country that he leagues and his commitment to this House in- worked tirelessly for the benefit of the nation’s loved so dearly is better for his years of serv- formed his role as Chairman. Jack recognized troops and their families. For his political cour- ice. the importance of what we do here, and Jack age in speaking out against the Iraq war, and His personal commitment to our troops was extraordinary. He visited our war zones to was always—always—prepared. There was his dedication to principled public service, learn firsthand about the need on the ground never a man more suited to the gavel than John was awarded the 2006 John F. Kennedy and always made time to visit with our sol- Jack Murtha. Profile in Courage Award. diers. No matter how busy he was, he would Jack was a Marine. If he had not been a Congressman Murtha has earned a well-de- always ask me about my two sons who served Marine, he could have played the part—the served place in history as a patriot, war hero as captains in the U.S. Army, and I knew that man radiated strength and purpose in every and statesman. The nation will miss his dedi- he genuinely cared, from the bottom of his action he took. But Jack not only looked the cation and vast experience in lawmaking, and we will miss him as a dear friend and gen- heart. part, he was the genuine article. And there is, We all know that Jack was a proud marine, of course, no such thing as a former Marine— erous mentor. I express my condolences to John’s wife and their motto ‘Semper Fidelis,’ was indeed once a Marine, always a Marine. As fiercely Joyce and their three children, and I urge ev- the motto of his life. as Jack defended the prerogatives of Con- eryone to honor and remember our colleague, Madam Speaker, I am a better Member of gress, his commitment to our House took a John Murtha. Congress for knowing John Murtha and Con- back seat to his commitment to men and Mrs. MALONEY. Madam Speaker, I rise to gress as a whole is richer for his many years women in uniform. The service member—an say goodbye to a friend. of service. I am honored to call him colleague infantryman outside Fallujah, a Marine in Af- New York City, and the rest of the world, and friend, and I will dearly miss his strength, ghanistan, an airman in Bagram, a sailor in lost a friend when Jack Murtha died. dedication and friendship. God bless you John the Persian Gulf—has never had a better pro- Jack Murtha served his country in every and Godspeed. tector than Jack Murtha. Jack was one of possible way. Mrs. MCCARTHY of New York. Madam them. He served it in Vietnam as a Marine; he Speaker, it is with great honor that I rise today That is the chief reason he didn’t hesitate served in western Pennsylvania as a son, hus- to pay tribute to a dear friend and loyal public when he came out so publicly against the War band and father; and he served it for over 40 servant, the Honorable John Murtha. He was in Iraq—something that earned him the re- years in Harrisburg and in Washington, as a a strong voice for the constituents in the 12th spect of many and the enmity of some. I don’t legislator’s legislator. District of Pennsylvania and honorably served know that he didn’t care about either judg- He won respect for the honest, plainspoken, as the Chairman of the House Appropriations ment, but I do know that neither applause nor compassionate way he played all of these Subcommittee on Defense. condemnation guided his decision at all. His roles. I, like so many of my colleagues, am allegiance was to the men and women in the But to me, he played those roles like a blessed to have known Mr. Murtha on a pro- field. brother. fessional and personal level. It is no surprise

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1812 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 that Mr. Murtha will be remembered as such Madam Speaker, today I join my fellow col- turing in the man. He looked you dead in the an effective legislator. Given his proud service leagues in mourning the death of Congress- eye and he told you what he thought was in the Marine Corps and passionate devotion man Murtha who spent his life serving our true and needed doing. Murtha was much in the news when he for the greater good of our nation, Mr. Murtha country in both the military and the halls of came to see us. He was known as the mili- consistently served as a moral compass for Congress. tary’s greatest friend in Congress and he had the U.S. Congress. Mr. LARSON of Connecticut. Madam just come out for withdrawal from Iraq. I re- About a year and a half after the Iraq War Speaker, I rise today to honor my great friend call him as a big man in a dark blue suit. His started, many wounded soldiers were trans- and our dear colleague, John Murtha. America hands were the hands of a working man. He ferred to Walter Reed Army Medical Center. has lost a true hero and patriot and the United might have been a machinist or a farmer in- Mr. Murtha visited these soldiers and wit- States Congress has lost a giant. Madam stead of a soldier and statesman. Someone nessed the horrific wounds they were suffering Speaker, I submit for the record Keith Burris’ here snickered the other day that western with, such as losing a limb or losing complete column from the Journal Inquirer. The Journal Pennsylvania, from whence Murtha came, was ‘‘not really Pennsylvania, but Ohio.’’ It’s eyesight. Mr. Murtha invited the veterans stay- Inquirer is a newspaper serving my home dis- true in the sense that Murtha was from a ing at Walter Reed, their families and mem- trict and is the hometown voice of northern hardscrabble world where people are still bers of Congress to a restaurant meal where central Connecticut. Keith’s words capture the close to land and labor and where hard work he wanted the members to hear the stories of essence of John Murtha, and I ask my col- and professionalism are what matter, not these courageous veterans. He wanted the leagues to join with me in honoring the life of pretense, not birthright, not wealth or col- veterans to express how they became wound- this humble man, dear friend and great Amer- lege degrees. It does not matter if you have ed and what they believed Congress could do ican. a family name and an MBA from Harvard. If you want to invade Iraq, you better study to help make sure our American soldiers were [From the Journal Inquirer, Feb. 13, 2010] the history of Iraq. safe. Through legislation and appropriations MUCH MAN Yeah, Murtha was against abortion and for funding, the stories from our veterans helped (By Keith C. Burris) the Second Amendment and he was born in Congress push the military to improve their In roughly 30 years in journalism I have West Virginia and he owned a car wash be- equipment. Humvee’s and protective vests met many politicians. In the beginning, this fore he got into politics. But that old Viet- were improved to keep our soldiers safe from was exciting. But after a while, you realize nam veteran could set Condoleezza Rice’s roadside bombs and other forms of hostility. that most of them are persons of exceptional head spinning and he took no guff from In all his years as an appropriator and legis- ambition, not exceptional conviction, skill, right-wing no-nothings. If we had 50 ‘‘Ohio- lator, he has always advocated for the safety or patriotism. Most people in politics are not ans’’ like John Murtha in the House we very interesting. would have health-insurance reform today. of our military and has fought to improve the Murtha liked fellow pros. But pros who quality of life for American soldiers and their But a couple years ago, U.S. Rep. John Larson, himself an exception to the rule, were rooted in something. He got on well families. It was typical of Mr. Murtha to be brought to the Journal Inquirer Rep. John with the first George Bush and not at all modest about all of the care he showed the Murtha, of Pennsylvania. Murtha’s back and with the second. He thought Donald Rums- soldiers and veterans in times of war. After forth with editors and reporters here made feld was nuts and Robert Gates a great man. learning of the unacceptable conditions vet- for one of the most fascinating hours of con- He was a prote´ge´ of Tip O’Neill’s and prac- erans were subjected to at Walter Reed Army versation I can remember. ticed O’Neill’s adage that all politics is local Medical Center, Mr. Murtha immediately Murtha died this week at 77, of a medical (Murtha never got over the old and honor- mistake. able idea that a congressman’s first job is to reached out to Members of Congress. He provide for his constituents), but Murtha knew it was our country’s responsibility to There aren’t many like him in Congress. There never were. trusted Rahm Emanuel about as far as he bring justice to our nation’s wounded soldiers First of all, Murtha, an ex-Marine officer, could throw him. by ensuring that they received the proper was not the sort of fellow who needed a Murtha spent his spare time visiting medical care they deserved. ‘‘handler’’ or a ‘‘focus group’’ to calculate wounded soldiers at Bethesda Naval Hospital I extend my deepest condolences to his the political tides. Instead he used three an- and Walter Reed. He did not take cameramen family, loved ones and friends. Mr. Murtha will cient tools—study, his mind, and his con- with him. When he traveled to Iraq, it was be remembered as a man of honor, generosity science. not a junket or a photo-op. He would tell the and strength. His unfaltering dedication and As a fine essay, reprinted from Politico on generals and ambassadors, ‘‘no PowerPoint,’’ none of that stuff. Just talk to me, he would care is what made him such an extraordinary these pages, documented, Murtha was famous for the Washington rituals he did not say, and tell me what is going on. And then person. It is with great sadness that I say observe. When asked a question, he answered he would go visit with the sergeants and the goodbye to a great man and friend. I will miss it. He did not hang with lobbyists or flacks. specialists. He took Larson under his wing, him dearly. I ask my colleagues to join me in He did not go to parties, but got up early and and to Iraq, early in Larson’s congressional expressing the gratitude of the U.S. Congress went to bed early. (According to Politico, he career because ‘‘he goes home at the end of for his longtime service and leadership as a would sometimes go home in the afternoon the day and studies the CIA briefing books.’’ U.S. Representative. to listen to the BBC to get a fresh slant on Murtha did not love the military as a con- Ms. EDDIE BERNICE JOHNSON of Texas. U.S. foreign policy.) He did not court TV cept, but as people. Public servants like him- people or the Washington Post, and didn’t self. His work for them in Congress was like Madam Speaker, I rise today to celebrate the his work for the citizens of the 12th District life and honor the accomplishments of Con- particularly know or care who those people were. of Pennsylvania. He had a job to do. He was gressman John Murtha who passed away on And he didn’t back down. supposed to take care of his people. February 8, 2010. He wasn’t always right. And he knew that. He was much man, John Murtha. America lost a great patriot with the passing He had the courage to change his mind. What a loss to the Congress and the coun- of Congressman Murtha, and I join the people But he was, as the saying goes, a ‘‘stand-up try. guy.’’ You could not blow him down with a of Pennsylvania’s 12th Congressional District f and countless other Americans in mourning poll or a David Broder column. his death. As a veteran, he never forgot the Murtha had the understated self-con- IN MEMORY OF JACK MURTHA fidence that the rare greats in politics have. The SPEAKER pro tempore (Mrs. needs of our military and through his leader- I met Mike Mansfield, briefly, once, and you ship as Chairman of the House Appropriations felt it from him. Ditto John Stennis. I am HALVORSON). Under a previous order of Subcommittee on Defense, he made sure that sure that Eisenhower had it. And maybe Ella the House, the gentleman from Cali- our military had the tools it needed to secure Grasso. I know I have seen and felt it in the fornia (Mr. FARR) is recognized for 5 America’s future. A frequent visitor to injured presence of Eugene McCarthy, Ernest Hol- minutes. troops at Walter Reed Army Medical Center lings, and John Glenn. Some public men Mr. FARR. I live in Carmel, Cali- and the National Naval Medical Center, Con- seem to shed their vanity as the years accu- fornia, and when the phone rang and I gressman Murtha deeply understood the sac- mulate and they settle into their work. They heard that Jack Murtha had died, I begin to internalize their love of country. In- couldn’t believe it. I broke into tears. I rifices that these men and women made for stead of politics being more and more about our country. His ability to empathize with our them, it becomes more and more about serv- just couldn’t believe it. It was like servicemembers and veterans was absolutely ice. And they go about their work with con- when I heard my father had died. And remarkable, and I will deeply miss his leader- centration and power, but minimal fuss. You what I did at that moment was I did ship in Congress. felt that with Murtha. There was no pos- the same thing when my dad died. I sat

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1813 down and I wrote a letter to Jack Mur- ‘‘I remember your delight in hearing age. Time heals—unfortunately it is going to tha. Here it is: from an IED specialist just back from take a long time. ‘‘Dear Jack, I can’t believe you’re Iraq who asked you, ‘Why don’t we fig- ‘‘Congress will miss you as a great member gone. Gone from the Pennsylvania Cor- ure out what makes cultures set these and, more importantly, as a caring, sensitive ner, from your chair where we would things off in the first place?’ You loved friend. We will try to fill in, but the credibility all come to see you. Each checking in that thinking. Thanks again for allow- will be lacking and the outcome less success- during floor sessions on your opinion ing me to ride back to D.C. on Mil Air. ful. on military issues and Pennsylvania We brought Paul Stockton along and ‘‘Just know you made a difference, a big dif- politics. And we talked about our had a wonderful discussion on Iraq and ference—out here on the Central Coast of issues, about base closure progress, how we might exit. By the way, Jack, California—you helped launch a new univer- about programs that were working and Paul is now the Assistant Secretary of sity, upgrade the Naval Postgratuate School, programs that had problems. Always Defense for Homeland Defense and and provided the programs that let our stu- thanking you for your help. Thanking Americas’ Security Affairs. I know how dents learn foreign languages faster and bet- you for your earmarks. I’ll never forget much you respected his insight. ter. what you did with your earmark for ‘‘Thanks, Jack, for always asking me ‘‘You were the Captain of our ship, and Oh breast cancer research, for child care for copies of photos I took, not of you, Captain, you will be sorely missed!’’ centers at military bases, for military but of your staff. I remember the photo I’d like to include the letters from the Naval education. More than anything else, of John Hugya when he was your dis- Postgraduate School and the Defense Man- you were concerned about the welfare trict director taken with President power Data Center in Monterey in sympathy. of our troops and especially their fami- Clinton. You insisted I give it to you NAVAL POSTGRADUATE SCHOOL, lies. for him. Remember the time you hung Monterey, CA. ‘‘Remember when you got me to go up on a President when he called you? Congressman Murtha was a true servant to to Walter Reed Hospital and Bethesda You had guts. the public, a throwback with few peers matching his length of service to the U.S. Naval Hospital to visit the war wound- ‘‘I remember going to your district House of Representatives. Service to his na- ed and how we worked to get golf carts and being in a meeting with the area tion was perhaps a constant throughout his for disabled soldiers by insisting that economic development folks. You were life—not only is he one of our nation’s long- each of the 177 golf courses operated by giving them the Washington update. It est serving representatives, he was also a re- the services have carts for the dis- was cold and wet, but full of people. I tired Marine Corps colonel, joining the serv- abled? admired how devoted they were to you. ice in 1952 during the Korean War out of a And I took pictures, which you wanted deep sense of obligation to his country. b 1830 to pass on to them. Seeing the country- Congressman Murtha also served as Chair- man of the Defense Appropriations Sub- ‘‘You always asked me, ‘How is that side and the poverty of the area made university that we got at Fort Ord committee—and was the ranking Democrat me realize how lucky I was to rep- on the committee for nearly two decades— doing?’ I thanked you for the help in resent my district. You really helped which put him in a position to impact so getting the $65 million to get it start- people in need. That is why you are many communities far beyond Pennsylva- ed. Jack, Cal State University Mon- loved in your district and here on the nia’s 12th District. terey Bay is doing really well, with floor of the House of Representatives. That impact was felt here at the Naval ever-growing enrollment and faculty. ‘‘The House Chamber has a lot of fa- Postgraduates School, where he was a friend You can be proud of your role you mous fixtures and paintings, statues, to NPS. He believed in the value of graduate education for military officers and was con- played in converting swords to reliefs, but you are going to stand out ploughshares. sistently and particularly supportive of NPS as one of our greats. You showed your over the years. Congressman Murtha recog- ‘‘You got really excited when I profile in courage in taking a nation- nized the value of the NPS MISSION in sup- showed you what I had done to bring ally profiled lead against the war in porting our military forces and NPS unique all the military missions in Monterey Iraq that you originally supported. And contributions to national security. County together to form Team Mon- you were attacked by everyone except LEONARD A. FERRARI, terey, showing the brochure indicating the military. They knew that you Executive Vice President & Provost. that over $1 billion was spent in Mon- knew it couldn’t be sustained. DEPARTMENT OF DEFENSE, HUMAN terey County for the DOD efforts there. ‘‘When they attacked you with big You were going to see if this team ef- RESOURCES ACTIVITY, DEFENSE campaign expenditures to defeat you, MANPOWER DATA CENTER, fort could be done for your district and your friends responded without even Seaside, CA. for the State of Pennsylvania. being asked. The word was out Jack Chairman Murtha was a great American ‘‘Jack, you were quite the Zeus. Ev- was in trouble, and we responded. and a steadfast friend of the members of the eryone came to you, loved you, loved ‘‘Jack, you shouldn’t have died. It is Armed Forces and their families. He exem- your good nature, your loyalty, your a real shock, not only to you, your plified the best of our Nation’s values and friendship, your laugh, and your wis- friends, and this institution, but to was the iconic example of a patriot. As a dom. Remember how you would bet on decorated veteran he identified closely with your beloved family. You and Joyce Service members and his tireless efforts to how long the debate would take on the had such a special partnership. see that they were adequately compensated, Defense appropriations bills? You al- ‘‘I loved accompanying you both on the Ap- well-trained, well-led and provided with the ways won. I was shocked that the big- propriations Committee CODEL to California’s best equipment were legendary. As a direct gest appropriations account in the Fed- National Parks, the joy you got in seeing how result of his four decades of leadership in the eral Government could be enacted with a former army base in San Francisco could be Congress our ability to support and defend the shortest debate. You laughed and turned into the Golden Gate National Park, our Nation remains unsurpassed. His unwav- said, ‘All the problems were worked and even Alcatraz is now a tourist site. You ering support for Defense organizations in out in committee, we don’t need floor the Monterey area was of enormous value to loved being a tourist in San Francisco and the Nation. debate.’ At first I thought it was a Joyce was so appreciative of NANCY PELOSI’s Every American owes him a great, great fluke. But over the years, I learned you hospitality long before she sought leadership debt. made it so. roles. f ‘‘Jack, thanks for coming out to the ‘‘While the Democratic Caucus was visiting Monterey Peninsula to visit the Naval Nemacolin Resort in your state you encour- IN MEMORY OF JACK MURTHA Postgraduate School and the Defense aged me to visit the two Frank Lloyd Wright (Ms. PELOSI asked and was given Language Institute. You were a good homes there. Joyce led the tour. She was a permission to address the House for 1 listener, and always insisted no model host and a good friend to all. I can’t minute.) PowerPoints, no BS, just the problems. imagine her life without you, nor yours without Ms. PELOSI. Madam Speaker, I rise No one in Congress cuts to the issue her. This has to be as hard for your children to join my colleagues to sing the faster than you. as it was for me in losing my mom at an early praises of a great man, Jack Murtha.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1814 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 Many of us had the honor of calling ing, to get out of his bed. And as we He loved this Congress, he loved this him colleague in this Chamber, and went in the door, there he was standing institution. He left us at the top of his some of us here had the privilege of at attention saluting Jack Murtha in a game. We will miss you, Jack Murtha. calling him friend. And when he was Steelers jersey. Pennsylvania, how he Next week we will gather in Statuary your friend, you had a true friend. loved that State, how he worked for it, Hall with many more friends who can Last week, many of us traveled to how we will miss him here. join in, not as we are on the floor of Johnstown, Pennsylvania, to see Jack He had a special way about him, as I the House, to once again pay tribute to put to rest. It was wonderful to hear have said, by dint of his knowledge, his this man. It is hard to believe he is the stories of the thousands of people courage. Imagine the courage it took gone. But as he said, ‘‘Soldiers can’t who showed up to pay their last re- for Jack Murtha to come to our cau- speak for themselves. We sent them to spects to him in Johnstown, the people cus, to come to the Leader’s office and war, and, by God, we are the ones that he knew so well, cared about so much, tell me that day, ‘‘We have to begin re- have to speak out.’’ fought for in this Chamber. His family moving our troops from Iraq.’’ He went His wife Joyce wants us to have the was gathered and surrounded by their alone to the press to tell them that. It music God Bless America at the closing loved ones and people. The former was like an earthquake in terms of of his ceremony next week. God truly President of the United States, Bill opinion. People who had questions blessed America with the life, leader- Clinton, was there, the Secretary of about the war felt validated. People ship, and service of Jack Murtha. I Defense was there, the chairman of the who respected Jack began to question. hope it is a comfort to Joyce and to the National Security Council was there, One thing was for sure. He was re- children and grandchildren, of whom he representatives of the President’s cabi- spected by the military. And when he was so proud, that so many people net, and planeloads of his colleagues spoke, they knew it was with no agen- mourn their loss and are praying for who came from Washington or drove da except the national security of our them at this sad time. from home. country and the safety of our men and At that time we laughed and we women in uniform. f Force protection. He was always cried, and we tried to understand why PRINCIPLED LEADERSHIP OF JACK talking about that. When we would this had happened. Jack’s wife Joyce, MURTHA who is very strong, said to me, ‘‘Jack travel to the war zones, whether it was would have wanted it this way. He the seats in the trucks, or the better The SPEAKER pro tempore. Under a went out at the top of his game.’’ radios, or whatever, up-armored cars, previous order of the House, the gen- Joyce is very strong. We went there to body armor, you name it, as soon as he tleman from West Virginia (Mr. console, and we came back consoled by saw the need he came back and deliv- RAHALL) is recognized for 5 minutes. Jack’s strong family. ered. So when he did speak out against Mr. RAHALL. Madam Speaker, I rise I told them in my remarks about the war in Iraq, it was really quite a today to talk about principled leader- Jack holding court in the Pennsylvania stunning thing for our country. I think ship that makes a difference. That best Corner in this Chamber. There isn’t an- it was really historic. It wasn’t just describes the Dean of the Pennsylvania other corner that I know of that has its that episode, it was that event of na- delegation and its longest serving own name and its own presiding officer. tional significance, historic signifi- member, Jack Murtha. Yes, Jack Mur- But Jack held court there, and Mem- cance. tha was a Member’s Member. He was a bers from across the country and He received, as has been mentioned, soldier’s soldier. Always straight across the aisle came to visit him, to the John F. Kennedy Profiles in Cour- shooting, courageous, willing to defend ask his blessing on their endeavors, age award. Can you imagine for people this institution and all of us that work and to just be encouraged, and some- of our generation, someone to receive herein. times supported by him. The cluster the John F. Kennedy Profiles in Cour- During my 33 years of service in this around him were Pennsylvanians and age award? I will never forget that body and with Jack Murtha, very few others, but he was never alone. He was night. The Kennedy Library, he and individuals would I turn to for advice a magnet, a personal magnet. People Joyce, black tie, beautiful Joyce, proud and counsel like I would Jack Murtha. were drawn to him. He had this won- Jack standing tall like a Marine com- Like so many of my colleagues, I have derful smile and cheerful, twinkling ing down those steps, being cheered by traveled to troubled spots in this world eyes. Democrats and Republicans alike. It with Jack Murtha. I have read and To see him operate in the Appropria- wasn’t about any partisanship. It was learned from him not only on these tions Committee, many of us served about patriotism. hardworking, hard hitting CODELS, there, was to see a master at work. But He was a proud Marine, as we all but also from his book, From Vietnam really to understand his character, it know. Semper fi was their motto. Sem- to 9/11. Words of wisdom for all of us was more important to see him with per fidelis. Always faithful. And that here today and for the future. our troops, whether it was just off the was the motto of his life, faithful to Many of my strongest memories of battlefield or in a military hospital, God, faithful to country, faithful to his Jack Murtha are from our congres- Bethesda Naval Medical Center, Walter family, faithful to his district. sional travels together. We traveled to Reed, Germany, Afghanistan, Iraq, in I can’t talk about Jack, just one Lebanon in the fall of 1982, following the hospitals where our troops were more moment, if I may, Madam Speak- the deployment of U.S. forces as peace- taken. er, without talking about the funny keepers to that country. We stayed in From his own military experience, he stories he always told us about Tip the very same Marine barracks that 6 would ask them questions very knowl- O’Neill. Tip was his mentor. As he months later were blown to smither- edgeably about their unit and what mentored so many of us, Tip was his eens. they had encountered and what they mentor. And he loved Tip O’Neill. And During our trip in June of 1987 to An- had seen. And they all loved seeing he would tell us the stories of how it gola, it was Chairman Murtha who was him. They knew he was their friend. was to go to a baseball game with Tip, successful in securing the release of a And so to visit, on the occasions when and this and that and the rest. I won’t downed U.S. pilot from his Congres- I had the privilege of visiting with go into the stories now about peer re- sional district. Later, in August of that Jack Murtha, was to receive a special view, Mr. OBEY, and those kind of ap- same year, we traveled to the Persian welcome from the troops and their propriations matters. But Tip instilled Gulf during the U.S. reflagging oper- families. in him, perhaps he had it innately, but ation of Kuwaiti ships. A few years One time I remember in particular still Tip strengthened in him a pride in later, in January of ’93, we traveled on was we were visiting this young man, this institution that he took very seri- an inspection trip to Somalia, fol- it was a second visit, and he managed ously. And he, in mentoring others, lowing President George Herbert Walk- somehow, when he knew Jack was com- passed that pride on to others as well. er Bush’s December of 1992 dispatch of

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1815 our U.S. troops there in order to estab- Family comes first. He would call his grenade landed in that foxhole I had lish order and ensure the success of our daughter, Donna, who’s a teacher in been in, blew the soldier up. Now, this humanitarian relief efforts. Fairfax County schools, every night. is the soldier, of course, who forced The bottom line in all of these trav- Regardless of all the issues he was him into the line of fire. And Jack said, els, of course, as so many of my col- dealing with with Iraq and Afghanistan I have always felt so bad for that leagues can attest, is that around this and so on, he’d want to know how her young soldier. I wish I had stayed there world our service men and women kids were doing in class. and not seen him blown up. knew the true character of Jack Mur- And, of course, he adored Joyce. That was the kind of guy he was. He tha. Joyce was the queen. Of course, Joyce was bigger than life, but his life was b 1845 would sometimes acknowledge that I really about other people and about know I have to share him with you, this institution and this country. They knew the backbone of Jack NANCY, as Speaker, but he had that So Jack, thank you for being who Murtha, a veteran, a dedicated public kind of reverence that was so impor- you were and who you are to this insti- servant, an individual who was never tant to this institution for leadership tution. too busy or never too selfish to take and for individuals. time to regularly visit our military in- f And he was also—he knew how to be stallations, our military hospitals, to a friend. Everyone who walked up to MAN OF THE HOUSE visit our brave, wounded service per- that corner, he welcomed. He knew The SPEAKER pro tempore. Under a sonnel. previous order of the House, the gentle- From Chairman Murtha’s station their name. He made them feel wel- woman from Ohio (Ms. KAPTUR) is rec- atop our Defense Appropriations Sub- come. If they had a letter that they ognized for 5 minutes. committee, our soldiers knew, they wanted him to read, a little note or Ms. KAPTUR. Madam Speaker, man were secure in the knowledge that something, he’d take the time and read of the House. The passing from this life their sacrifices and their dedications it. He’d say, Come on, sit down beside of legendary Pennsylvania Congress- were in the best hands in the United me. He also was strong enough that he man and Defense Appropriation Chair- States Congress. man and Marine Colonel John P. I will miss you, Jack. I will miss our could afford to be gentle. We know how ‘‘Jack’’ Murtha truly represents a seis- true leader. I will miss his courage and he reached out to all of the soldiers, mic shift in this Congress and in our his dedication. Our courageous Amer- the men and women in uniform, really Nation’s history. His acumen, brass- ican troops will miss you, Jack Mur- cared about them. He’d go over to Wal- tacks style, and man-of-his-word rep- tha. Our veterans will miss you, and all ter Reed. He would go and stand with utation are so rare. of America will miss you. them, hold their hand at times. Your family, Joyce, and your chil- He also did other things that, you As the longest-serving woman in the dren and your grandchildren, to them I know, if I didn’t mention it, I doubt current U.S. House, I came to know extend my thoughts and prayers and that anyone would know, and some Jack Murtha well, serving with him for know that the memories of Jack Mur- people will think they seem a little 28 years. In early February, he became tha will always instill in his family the silly perhaps. the longest-serving member of the inspiration, the pride, the strength, Charlie Horner knows, his long time Pennsylvania delegation in U.S. his- and the love that will carry you on to aide. He heard that Army Navy Coun- tory. carry on the brave torch of Jack Mur- try Club had a problem with the cats, No one had his grasp of our Nation’s tha. that they had proliferated. They were defense or his dexterity at ushering the God bless you, friend. all over the place. And so they decided, complicated Defense Appropriation we’ve got too many cats; we’re going to bill, the largest in Congress, with near- f kill them all. Jack found that out. It’s ly unanimous bipartisan support. HONORING THE LIFE OF JOHN true, isn’t it? But Jack found that out. Jack put the soldier first. Each MURTHA He called a General and he says, Don’t branch of the service, plus the Guard The SPEAKER pro tempore. Under a you go killing any of those kitty cats and Reserve, owe Jack great gratitude. previous order of the House, the gen- at Army Navy Country Club. And he He was indefatigable in their cause. tleman from Virginia (Mr. MORAN) is didn’t. They didn’t. They all survived. Jack Murtha respected the awesome recognized for 5 minutes. Just want to share an experience. power of the U.S. military, but he also Mr. MORAN of Virginia. I want to 9/11, we were debating whether to put knew its limits. make note, Madam Speaker, of the fact money into missile defense or into I have never served in this Congress that the Speaker of the House is here counterterrorism because Richard when Jack Murtha wasn’t here. Prop- and the chairman of the Appropria- Clarke has told us that’s the real erly, a U.S. flag flown over this Capitol tions Committee has been here threat. So it is the morning of 9/11 we has been placed on his chair in the throughout the entire time of this trib- were debating it, and Jack had decided Pennsylvania corner where he an- ute, out of respect. That’s old school. the real threat is counterterrorism. chored his work on the floor of this Jack was old school. That’s what would And then NORM had seen the TV and House that he loved. His knowledge, matter to him. You’d never see him the planes going into the World Trade leadership, measure, and tutelage re- with a BlackBerry. Can you imagine Center, and we could hear this herd of main timeless gifts to those who Jack Murtha with a BlackBerry? I am people running down the corridor out- shared his path. sure he’s never used the Internet once side. The Capitol vacated immediately. As the first Democratic woman to in his life. But there wasn’t a sign of anxiety, let serve on the Defense Subcommittee of You know, when we learned of Jack’s alone fear, on Jack’s face. I walked out Appropriations, I can attest, it never passing, NORM DICKS and I were on the with him. would have happened but for his sup- phone and, between sobs, we, at the We stood there in the driveway and port and encouragement. For his faith same time, we blurted out the same all the police were trying to clear ev- in me, I shall always be in his debt as thing: He was like a father to me. He eryone. Jack didn’t feel any need to I try to emulate his acuity, his range, kind of was. He sort of taught us in his move, and he told me this story. He and his concern. own ways, really, by his conduct, the says, JIM, when I was in Vietnam, I was We, his subcommittee colleagues, way we should conduct ourselves in in a foxhole and we were taking fire. who had the privilege of serving most this institution. That’s why he is here. And a young private jumped in the fox- closely with this giant of a man shall He’s here. He’s left his mark on each hole. There was only room for one per- miss him greatly. one of us individually and collectively. son, so I had to get out. And I ran into When my constituents ask me to de- He’s done so much to shape this insti- the line of fire looking for a foxhole scribe him, here’s what I try to say in tution. and found one. A few minutes later, a his cadence: Man of the House. Marine.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.001 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1816 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 Chairman. Colonel. Dean. Authentic. Cleveland, I had invited Jack to our job-chal- friends. In few golden but choice words, he Patriotic. Semper fi. Fearless. Keen. lenged region many times. In fact, he was advised, critiqued, led. Defended his sub- Optimistic. Jovial. With an unforget- scheduled to open the national rifle matches committee’s prerogatives. table glint in his eyes. Alive. Devoted at Camp Perry this spring. Don’t mess with him. Absolutely loved poli- husband to Joyce, and proud and car- Jack Murtha was legendary. He never forgot tics. A ticket maker and analyzer. Lots of real ing father and grandfather. where he came from. He tirelessly served his friends. Some really cruel enemies. Always To his family, we send our deepest district and his constituents. He grew to serve had a good word. Liked bright colors on oth- sympathy and our abiding prayers and our Nation and his reach was global. No one ers. Extraordinarily gifted. Well read. An au- friendship. had his grasp of our Nation’s defense or his thor. Well traveled too, often to war zones. Son of Johnstown. Rough hewn. Bat- dexterity at ushering the complicated defense Visited the wounded and bore that pain close tle tested. Two Purple Hearts. A appropriations bill, the largest in Congress, to his heart. Bronze Star. Not blow dried nor cos- with nearly unanimous bipartisan support. Quite curious. New ideas and insights cap- metic. Fiercely loyal to his district Jack put the soldier first. His unheralded vis- tivated him. Capable of independent views. and Pennsylvania. In command. Ex- its to military hospitals to visit the sick and Razor sharp mind. Don’t tangle with him un- traordinarily hard working. Kept Ma- wounded were not designed as photo ops but less you know your subject. Memory that rine hours, rising early, arriving early. as heartfelt expressions of appreciation for could recall votes from 10 years ago, and who Always building others. Trusted. Never those who served on the front lines and sac- voted which way. Master of the Rules. Wield- gave a word he would break. If he said, rificed for us. Every soldier knew he under- ed the gavel with authority and certitude. At- I’ll talk to you about it later, the sub- stood. tentive to the Floor at all times even when you ject was closed before you knew it. Each branch of the service, plus the Re- thought he wasn’t paying attention. A coach. Acute judge of character. Revered serve and National Guard, owes Jack Murtha Possessed all the attributes to be Speaker, counselor to dozens and dozens and a debt of gratitude. He was indefatigable in except he came from the working class of dozens of Members and friends. In few their cause. In Toledo, our 180th F–16 Fighter people and didn’t hail from a financial or gov- golden but choice words, he advised, Wing is genuinely the best in the world. Why? ernment enclave. critiqued, led. Because Jack Murtha helped to build its capa- Not a trust fund baby nor into the cocktail Don’t mess with him. Absolutely bility. I daresay he attended to all 435 con- circuit. Self made. Fair. Precise. Garrulous. loved politics. A ticket maker and ana- gressional districts with the same diligence. Politically savvy. Strong, Unflinching. Always lyzer. Lots of real friends. Some really Our Guard and Reserve units were modern- humorous, throwing his head back with a sin- cruel enemies. Always had a good word. ized with improved pay and benefits because cere laugh, and ‘‘is that so?’’ A brusque man- An author. Well-traveled, too, often to he knew their importance: he advised America ner that didn’t suffer fools gladly. Regularly war zones. Visited the wounded and cannot conduct successful operations without reached across the aisle. Consistently passed bore that pain close to his heart. them. America’s blood supply is more robust his bills with nearly unanimous support. He in- New ideas and insights captivated and deliverable because he fought for it. New stinctively knew how to build a majority. him. Razor sharp mind. Don’t tangle weapons, materiel, and technologies are un- Lived war. Heart always with the soldier. with him unless you know your sub- derway in every service branch because Jack Loyal disciple of Speaker Tip O’Neill and the ject. Memory that could recall votes 10 knew that some generals tend to fight the last common man. Soul buddies with twinkles in years ago, and who voted which way. war, so he purposely worked in the future. their eyes. Cussing occasionally. But a good Master of the rules. Wielded the gavel Jack Murtha respected the awesome power word always. A giant tree has fallen in the for- with authority and certitude. Atten- of the U.S. military, but he also knew its limits. est. A lion is now at rest. How fortunate are tive to the floor at all times, even I have never served in Congress when Jack we who cherish his friendship and service. We when you thought he wasn’t paying at- Murtha wasn’t here. Properly, a U.S. flag has loved him and will deeply miss him. America’s tention. Possessed all the attributes to been placed on his chair in the ‘‘Pennsylvania defense is the best in the world because be Speaker, except he came from the Corner,’’ where he anchored his work on the Chairman Jack Murtha lived to leave that leg- working class of people and didn’t hail floor of the House of Representatives and will acy. from a financial or government en- remain unoccupied by those who held him in clave. esteem. His knowledge, leadership, measure, f Madam Speaker, he instinctively and tutelage remain timeless gifts to those HONORING THE LIFE OF knew how to build a majority. He had who shared his path. CHAIRMAN JOHN MURTHA lived war, and his heart was always As the first Democratic woman to serve on with the soldier. the defense subcommittee of Appropriations, I The SPEAKER pro tempore. Under a A giant tree has fallen in the forest. can attest it would never have happened but previous order of the House, the gentle- A lion is now at rest. How fortunate we for his support and encouragement. For his woman from New York (Mrs. LOWEY) is are to cherish his friendship and serv- faith in me, I shall always be in his debt as I recognized for 5 minutes. ice. America’s defense is the best in the try to emulate his acuity, range and concern. Mrs. LOWEY. Madam Speaker, I rise world because Chairman Jack Murtha We, his subcommittee colleagues, who had to pay tribute to the life of our dear lived to leave that legacy. the privilege of serving most closely with this friend and colleague, Chairman Jack The passing from this life of legendary giant of a man, shall miss him greatly. Murtha. Jack was truly an all-Amer- Pennsylvania Congressman and Defense Ap- When my constituents ask me to describe ican, a committed public servant, deco- propriations Chairman and Marine Colonel him, here is what I say in his cadence: Jack. rated veteran of war, small business- John P. ‘‘Jack’’ Murtha truly represents a seis- Authentic. Patriotic. Man of the House. Marine. man, devoted husband and father and mic shift in our Nation’s history. His acumen, Chairman. Colonel. Dean. Semper fi. Fearless. grandfather. brass-tacks style and man-of-his-word reputa- Keen. Optimistic. Jovial. With an unforgettable Many have recalled tonight and in re- tion are so rare. glint in his eyes. Alive. Devoted husband to cent weeks his service on the front As the longest-serving woman in the current Joyce and proud and caring father and grand- lines of combat. His experience in the U.S. House of Representatives, I came to father. Son of Johnstown. Rough hewn. Battle military made him a lifelong advocate know Jack Murtha well, serving with him 28 Tested. 2 Purple Hearts. A Bronze Star. Not for our men and women in uniform and years. In early February he became the long- blow dried nor cosmetic. Fiercely loyal to his a compass for this body when it came est-serving Congressman in Pennsylvania his- district and Pennsylvania. In command. Ex- to making some of the toughest issues tory. He took it upon himself to guide young traordinarily hard working. Kept Marine hours, we face, those related to the defense of Members of Congress, particularly if their dis- rising early, arriving early. Always building oth- the United States. tricts mimicked the hardscrabble nature of his ers. Trusted. Never gave a word he would Jack Murtha exercised his power to own. break. If he said, I’ll talk to you about it later, protect the country he loved, taking As representative of the Ninth Congres- the subject was closed before you knew it. seriously the trust of his constituents sional District of Ohio, which extends along Acute judge of character. Revered counselor and his responsibility to the American the Lake Erie shoreline from Toledo almost to to dozens and dozens of Members and people.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1817 b 1900 Republican, liberal, or conservative. He greeted me, and as we were walking in, I learned so much from Jack Murtha. just wanted what was best for America. I looked up on the wall of his office and I witnessed firsthand and benefited To talk about generosity, he even let I saw that famous photograph that Joe from his expertise on military strat- me, a New Jersey guy, into the Penn- Rosenthal took of the flag-raising on egy, intelligence, and foreign policy. sylvania corner. I was tickled by it. I Iwo Jima, and it was signed by Joe His compassion and commitment to do was honored. For most of my years Rosenthal. And I stopped the chair- what was right were equally impres- here when I was not on his sub- man, and I pointed it out to him, and I sive. On his broad shoulders, he carried committee, I would see him over there told him that my father landed at Iwo a great burden to not only provide for in his corner, and I would see the peo- Jima the same days that those flags our troops and their security but to en- ple flocking around him from Pennsyl- were raised. And in that instant, Jack sure that we have made this world a vania and elsewhere, coming as if truly Murtha became my friend for life. better place, a safer place, including just to get an audience with just a And we talked about the photograph, for innocent civilians in war zones and great man, a great human being, to get and I showed him that over the shoul- vulnerable societies around the world. advice, to get direction, to get support. der of those Marines on Mount And with a heavy heart he regularly He always made you feel as if he was Suribachi, you could see down on the gave his time to lift the spirits of men interested in your point of view. shoreline on Green Beach LST–808, and women recovering from injuries in He asked me what books I read. When which was the landing ship tank that battles, sharing with them the appre- I told him, he said, I want to read that dropped my dad off on Iwo Jima 65 ciation of a grateful Nation. book, and he did. He made you feel like years ago yesterday. Finally, I would like to note his dedi- you were making a contribution. And after that moment, any time I cation to a goal we shared: Alleviating The greatness of Jack Murtha—aside had a question or a concern or a prob- cancer, especially those unique to from being a great husband and father lem that affected the men and women women. He not only worked to help and war hero and devoted representa- in my district or my State that served adapt military technology to aid in the tive of the people of Johnstown and his this country in uniform, I knew where treatment of cancer, he and his loving congressional district—part of his to go, and I went to Jack Murtha. wife, Joyce, have supported initiatives greatness was his expectations, his ex- And one of the amazing things about to directly support breast cancer pa- pectations about what it meant to be how all of this unfolded is Jack and I tients and survivors. an American, someone committed to had talked about this year being the Jack was a giant among men. He was equal justice, equal opportunity, and 65th anniversary of the invasion of Iwo tough, he was smart, he was committed integrity. His integrity was unques- Jima, and we talked about going there to this great institution. His lifelong tioned and unquestionable. together. And unfortunately, because service to our country will be missed. I just hope that we remember, of his tragic loss of life, we never had Rest in peace, my dear friend. I will Madam Speaker, when we think of this that opportunity. miss him. great, gracious, generous, gentle giant, And I think about that because my dad died 29 years ago, and so many f Jack Murtha, we remember not only his expectations for himself, but we re- things about him were like Jack. He IN TRIBUTE TO REPRESENTATIVE member his expectations for each of us. landed as an 18-year-old farm boy from JOHN P. MURTHA OF PENNSYL- He had it of his staff, he had it of his Iowa, and he saw horrible things in VANIA committee members, he had it of all of war. Like Jack, he saw one of his good The SPEAKER pro tempore. Under a his colleagues of the House that we be- friends vaporized by a shell burst, and previous order of the House, the gen- have as true American patriots and I have read the story of that account tleman from New Jersey (Mr. ROTH- leave America stronger, freer, more by the commanding officer of the core MAN) is recognized for 5 minutes. just, and a greater Nation—as great as artillery that my dad served under, Mr. ROTHMAN of New Jersey. he believed America to be. He de- Colonel John Letcher. Madam Speaker, I’ve been in Congress manded greatness from all of us and One of the things that I did recently now—this is my 14th year. that we pass on that legacy for our was I got a chance to tape the vet- A lot of people don’t know about the country, our fellow countrymen and eran’s history interview of my cousin, quality of some of the people who are women, for generations to come. Richard Braley, who, like my dad, was here in the Congress. A lot of people in Thank you, Mr. Murtha, for all you a Marine and served in Vietnam as an this country find it funny to ridicule have done for us, and we hope to repay officer, just like Jack Murtha. And one elected officials in general—Members all that you have done for us by giving of the things that is so special about of Congress in particular. back to our country and creating the people like my dad and my cousin and I am going to talk to you about a kind of country that you fought so Jack Murtha is you never forget and great American, a great human being. hard to make. you’re always faithful. But there are many others like him, in We will never forget you, sir. Thank So when my dad died 29 years ago, a sense, with the patriotism and grace you. God bless you. one of the most emotional things that and greatness that he possessed. f happened was when my cousin flew all Grace, generosity, and greatness: the way back from Hawaii so that Jack Murtha. This was my fourth year IN TRIBUTE TO REPRESENTATIVE someone would be at that small rural serving on Mr. Murtha’s defense sub- JOHN P. MURTHA OF PENNSYL- cemetery where he was buried to play committee, and I was wondering how VANIA taps, and he played it on his trumpet. this giant of a man—physical giant, The SPEAKER pro tempore. Under a And then he came up to me at the very powerful, legislatively powerful man, previous order of the House, the gen- end with tears in his eyes, and he said, would accept this guy from Jersey on tleman from Iowa (Mr. BRALEY) is rec- I wonder if you could help. I brought his subcommittee. But he had such ognized for 5 minutes. this with me and I would like to put it grace. He welcomed me with great ci- Mr. BRALEY of Iowa. Madam Speak- in the casket. And I looked down and vility and gentility. He was tough. He er, some people may wonder why I am in his hand he had a small silver me- was so generous to me. He was gen- standing here tonight, because almost dallion with the words ‘‘Semper erous to everyone on the committee. everyone who’s spoken before me knew Fidelis’’ on it. He believed in bipartisanship abso- Jack Murtha longer and better than I And when I heard these stories about lutely, completely and totally, espe- did. Jack Murtha all afternoon long, one of cially when it came to the security of But one of the things that I want to the other things it reminded me of was our beloved country, the United States share with everyone who cares about how mad my mother used to get when of America. So he took the best ideas Jack is my first meeting in his office, my dad would stop and pick up hitch- from wherever they came—Democrat, because Jack came to the door and hikers, because she didn’t think it was

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1818 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 safe for him to be doing that. And I service here in the United States Con- I do to help you. What does your dis- think my dad and Jack Murtha real- gress, I can carry myself forward with trict need? What do your marines need? ized after the hell that they had lived the kind of honor and duty and courage And he would always find time to talk through on the battlefield, that the with which you served. to you. So, tonight, I wanted to come down rest of their lives was gravy. f And as I was listening here to all of for just a few minutes to say to the these amazing stories about Jack, I b 1915 family that are here tonight that he was thinking to myself, I wish my fa- was a great man, he was a patriot, and REMEMBERING CHAIRMAN JACK he is the kind of man that America ther had lived to meet Jack. MURTHA And then it suddenly dawned on me needs to remember with great respect that he probably has. The SPEAKER pro tempore. Under a and also to thank him for being a man previous order of the House, the gen- of humility. f tleman from North Carolina (Mr. I have always said that Christ was a IN TRIBUTE TO JOHN P. MURTHA JONES) is recognized for 5 minutes. man of humility, and he got so much OF PENNSYLVANIA Mr. JONES. Madam Speaker, my accomplished because he was a man of The SPEAKER pro tempore. Under a heart ached so much last week when I humility. Chairman Murtha was a man previous order of the House, the gentle- heard that the chairman, and that’s of humility. He had great power, but he woman from Maryland (Ms. EDWARDS) what I called Jack Murtha, Mr. Chair- did not flex the muscles of power. He is recognized for 5 minutes. man, that he had passed on. My father walked and he worked with humility. Ms. EDWARDS of Maryland. Madam served in the Congress for 26 years. I Tonight I close by saying, Mr. Chair- Speaker, I rise today to express my have been here for 15 years. So that man, thank you for taking the time for all of us. You were a man that probably condolences to the family of Jack Mur- means for 41 years Jack Murtha, Mr. slept well at night because you were tha and to pay tribute to him. As a rel- Chairman, has been part of our life, of overworked, but you are in a better atively new Member of this body, I the Walter Jones family. place now, and I am sure God is listen- knew Jack Murtha only briefly, but I I wanted to come to the floor tonight ing to whatever advice you might have am so grateful even for that. because I could not go to bed knowing that this tribute would be held to to make America a better country. One day very early in my tenure here I thank you for giving me this time honor a great man. I have the privilege in Congress, I needed some guidance on to say thank you and goodbye, and a military issue, and everyone told me of having Camp Lejeune Marine Base America will miss you, and the Jones I needed to speak directly with Mr. and Cherry Point Marine Air Station family will miss you, also. Murtha. I have to admit I was just a in the Third District of North Carolina. f little bit intimidated. It wasn’t just his To the chairman, the Marines were a size and the boom of his voice and his part of his heart, because he was a ma- HONORING CONGRESSMAN JOHN upright carriage, but I knew he knew rine. ‘‘JACK’’ MURTHA stuff and that he could guide me. But The many times that I would go to The SPEAKER pro tempore. Under a to my great surprise, Mr. Murtha was that corner that so many people have previous order of the House, the gentle- so wonderful to me. His advice was made reference to, and I would stand in woman from Florida (Ms. CORRINE sage, his generosity was unlimited, his line because I am a Republican, and BROWN) is recognized for 5 minutes. inquiry was precise, and his kindness that didn’t matter to him. What Ms. CORRINE BROWN of Florida. and gentleness were truly genuine. And mattered to him was that I was a per- Madam Speaker, to whom God has from that moment forward, I am hon- son, like the chairman, who cared. As given much, much is expected. We are ored to have been guided by his good has been said many times before me to- truly blessed that we have had the op- counsel. night, it didn’t matter which party you portunity to work and serve with Mr. I can still see on occasion when I sit were in. What was good for America, Murtha. in the Speaker’s chair a twinkle from what was good for the military, that’s Now, I have my Mr. Murtha story. I his eye, and when it got a little rough, what he stood for. was able to get Mr. Murtha to come to a little bit of a nod from that back cor- I would stand and wait my time, and my district, Jacksonville, Florida, the ner. he would say, Walter, what do you Third Congressional District, which is On a personal note, Jack Murtha re- need? I would go up and take my turn a military district, but I knew that membered that I grew up in a military and say, Mr. Chairman, our marines when he came that I would only have family, and he asked me about my fa- down in Camp Lejeune are having one shot. So I wanted to make sure I ther’s and my brother’s service and my many problems with PTSD and TBI, covered everything he needed to see in experiences growing up. And I talked and there are not enough psychiatrists my district. We started out at the marine base, to him about being a candy striper and to help. This was the last time I spoke we went to the port, we went to Cecil reading to our service men and women to him. He said, Well, why don’t we get Field, we went to Shands Hospital together. Why don’t we have a meet- at veterans’ hospitals. where we had the proton beam. Well, ing. And I know that he cared deeply they had tried to get a proton beam in about our servicemembers and about So in the little room downstairs, I his area. I took the doctor in my area, their families and about the special ob- guess, on the first floor, the basement, so he was very shocked when he came ligation that we owe to them. He unin his room, we would go in, and I to Jacksonville and found out that not derstood more than so many the call to would talk to him about the needs of only did I have the proton beam in service and the importance for polit- the marines, and the marines loved Jacksonville, I had his doctor from his ical leaders to carry that at the fore- him. I had a couple in my room tonight area. front of all of our decisions on ques- when this started and they were say- Then I had a reception scheduled for tions of war and peace. And his passion ing, We’ve lost a great friend. him, and, of course, he said, I don’t was so evident. And I know that my But tonight, for me personally, it work this hard. You have shown me ev- family and all of our servicemembers was to come down here and say, Mr. erything that you want to develop in and their family members are so much Chairman, thank you. Thank you for your district. Of course, the point is, he better off because of Jack Murtha’s having the time for a person that’s no came, he saw, and we were able to get service in this body, his service to our more than a foot soldier in the Con- the services that the military people Nation, his commitment to them and gress. I am talking about myself. It needed in my area. to their service. didn’t matter who you were, what posi- I will never forget, when I went to And so I am really grateful, Jack, to tion you held in the Republican Party Normandy, and we had a visitors cen- have even had just a moment in time or the Democratic Party, it was a matter, and they had just opened the visi- with you, and I only hope that in my ter of his heart. His heart was what can tors center there. It was a tribute to

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1819 all of the people that had served and most. Even when we disagreed, his mo- So I went to Jack, and I said, Jack, died in Normandy. And they had no tivation was pure. I’m really worried about this. This is a place to go, it was all the crosses, but He was the epitome of a politician. lot of jobs in Cincinnati. I believe this it was a center that Mr. Murtha and He liked helping people. I disdain poli- is the right thing to do for the country. the chairman of Appropriations had ticians who think that we won’t or Without hesitation, he just looked me gotten funded. Yes, it was an earmark, that we shouldn’t help people. That’s in the eye and he said, Steve, don’t it was an earmark and a tribute to the what we are here for. Jack knew that worry about it, we’ll take care of it. people that had served this country. I from the day he got here to the day he I knew that it was taken care of, be- will never forget how proud I was to go left. He was my friend. I’m going to cause I had Jack’s word. He was that to that visitors center. That should be miss him. I think America will miss type of guy. He had that kind of Mr. Murtha’s name on that visitors him, but I will miss him. strength and that kind of authority. center in Normandy because he did so Jack, I will tell you that I am not Every time you approached him, he much. looking forward to it, but when my day was always asking what he could do for In closing, I want to say we always comes I’m going to be looking you up. you. sing the song ‘‘God Bless America,’’ My hope is that you’ll be up there with This House was a great place because and, yes, God blessed America because a whole bunch of the good old boys and of Jack Murtha, and we are a lesser of Mr. Murtha. In closing, the scrip- hopefully you’ll welcome me then as body because of his loss. I lost my fa- ture, Paul, he has fought a good fight you welcomed me when I got here. ther a little over a year ago, and he and he has finished the course, but it is I’m going to miss you, Jack. was a lot like Jack. I hope the two of them have gotten to know each other left up to us now to continue to work, f to continue to work for our veterans, since Jack’s passing, because he re- IN TRIBUTE TO REPRESENTATIVE to continue to work for the military. minded me a lot of my dad. JOHN P. MURTHA OF PENNSYL- You will be greatly missed, Jack. I This is the kind of tribute that we VANIA thank your family, and I thank your should pay to Mr. Murtha. The work is community for sharing you with us and not finished. The SPEAKER pro tempore. Under a the American people for so long. God did bless America with giving us previous order of the House, the gen- the example of Mr. Murtha. tleman from Ohio (Mr. DRIEHAUS) is f I was extremely saddened to hear about the recognized for 5 minutes. IN TRIBUTE TO REPRESENTATIVE passing of my close colleague and dear friend, Mr. DRIEHAUS. Madam Speaker, I JOHN P. MURTHA OF PENNSYL- Congressman John Murtha, Chairman of the just wanted to join all of my colleagues VANIA as we give our thanks to Jack and Defense Appropriations subcommittee. Elected The SPEAKER pro tempore. Under a Jack’s family. I am a new Member of to the House of Representatives in 1974, Rep. previous order of the House, the gen- Congress, and I didn’t get to know Murtha dedicated his life to serving his coun- tleman from Michigan (Mr. STUPAK) is Jack Murtha until the fall of 2008 when try, both in the military and in Congress. A recognized for 5 minutes. former Marine, he was the first Vietnam com- I was running for Congress. Jack came Mr. STUPAK. Madam Speaker, I will bat Veteran elected to Congress. down to Cincinnati and we visited the be brief. I have been tied up most of the Ever since I came to Washington, Con- VA hospital. We sat down with some afternoon and never thought I would gressman Murtha and I had always had a very veterans and we sat down with the staff have an opportunity to come down and close relationship; in part, because my district, of the VA hospital and started talking join in this special order to our friend Florida’s third, has a strong military presence, about PTSD and the PTSD program and our colleague, Jack Murtha. I am and because of our joint efforts in the arena that we had in Cincinnati. very pleased and heartened by all of of veterans affairs. Considered by most to be Jack had such a sincere interest, and the outpouring of Members who have one of the most influential Democrats in the he exuded care for those veterans. He come down here for the last few hours, House, he was an expert and a leader on wanted to see that what we were doing and it has also given me an oppor- issues concerning Defense, the military, and in Cincinnati was replicated across the tunity to say a few things about my our nation’s veterans. Deeply respected by country. friend, Jack Murtha. Republicans and Democrats alike, Congress- Every time I went to Jack and asked Jack would be embarrassed about all man Murtha’s leadership and institutional for something, every time I approached of the attention being shown to him to- knowledge of all aspects of our nation’s secu- him, he was open. As I talked to or as night, but for those of us who knew and rity policy will be greatly missed, as will his I listened to the Members here tonight, love and respected Jack Murtha, it’s charm and leadership within the Democratic there seems to be an underlying theme: been an especially hard week, espe- party. My thoughts and prayers go out to the We didn’t go and Jack asked us for cially those of us who hang out, as we Congressman’s wife, Joyce, and the entire things. Every time you approached say, in the Pennsylvania Corner. When Murtha family. Jack Murtha, he was asking what he we always look on the corner to see f could do for you. What a great Con- Jack there, we see a folded American gressman. What a great dad. flag. I guess it’s appropriate for Jack’s IN TRIBUTE TO REPRESENTATIVE Jack was the type of guy that in his service to his country, not only as a JOHN MURTHA district, he was always asking that soldier, but also as a Member of this The SPEAKER pro tempore. Under a question: What can I do for you? And House of Representatives. previous order of the House, the gen- that’s the right question. We had per- If you want to know more about Jack tleman from Massachusetts (Mr. CAPU- haps the greatest challenge that we Murtha, his courage, his love for this ANO) is recognized for 5 minutes. faced in Cincinnati this year, on a jobs country, I would urge you to read the Mr. CAPUANO. Madam Speaker, out program. It was the Joint Strike book that he wrote, ‘‘From Vietnam to of respect for Jack, I will be very brief. Fighter, the competitive engine pro- 9/11: On the Front Lines of National Se- Great American, great patriot, but for gram. curity.’’ He really traced the history of me he was a friend. He was my buddy. I happened to be the Congressman for this country, policy and military in- The truth is, he was my buddy not the district for GE—Aviation where volvement of this country since Viet- because we shared a philosophical that engine is made. We were worried. nam to September 11. It is written by a view—we probably disagreed on more We were worried that we were going to true patriot who lived it and urged all than we agreed on—but because we re- lose a thousand jobs. Now I know it to of us to also see the world and our com- spected each other. In my world, the be a good program. I know it to be a mitment and our dedication to the men best thing you can say about anybody cost-saving program, but the Presi- and women in uniform through the is he didn’t forget where he came from. dent, the administration, sometimes eyes of Jack Murtha in a book. Jack never forgot. He represented thinks a little differently about that I said it’s been a hard week, and I working men and women to the ut- program. think everything that needs to be said

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1820 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 about Jack Murtha has probably been mander in Chief and to report for duty Congress and think about it. I wasn’t said. I am thankful for having known when and where ordered by the Presi- sure if I was going to run or not. I went him, and I am thankful for the oppor- dent, then Congress and he, Jack Mur- up in that gallery and I sat on this left tunity of being able to come down here tha, had a solemn responsibility to do side of the aisle, Madam Speaker. I tonight and just say a few words and to every single thing in his body, mind, looked at the floor and all the people express our love and condolences for heart, and soul to provide those sol- down here and I thought about whether Joyce and the entire Murtha family. diers with a policy that was worthy of or not I wanted to run. But coming up f the sacrifice they were willing to here, I was in Rayburn, and I walked up make. by the train that comes from Rayburn IN TRIBUTE TO REPRESENTATIVE Like I think everybody here in Con- to the Capitol. And this man came up JOHN P. MURTHA OF PENNSYL- gress, when Jack would ask what Jack to me, this gentleman—I didn’t know VANIA could do for me, I oftentimes had an him—and he put his arm around me The SPEAKER pro tempore. Under a answer. But the first time he asked me and we talked on the way up and previous order of the House, the gen- that question was the first day of my walked all the way down the path. And tleman from Vermont (Mr. WELCH) is experience here in Congress. I said to he said, Young man, this is going to be recognized for 5 minutes. Jack, I understand that you go out and like 1974. It’s going to be a great year Mr. WELCH. Madam Speaker, one of visit the troops often at Bethesda and for Democrats. the qualities, of, I think, a great person at Walter Reed. And he told me he did. We got up the elevator—and I was so is that they don’t see themselves as He usually went alone, almost always proud to be in this building—and we great. They really see themselves as went alone, always quietly, never any got to the top and he went to the left ordinary. press, never any entourage. I asked where you enter the Speaker’s lobby If they value something about them- him if in the course of my 2 years in and come onto this floor and I went selves, it’s that being ordinary allows Congress sometime he would take me around the way to this gallery where them to do generous and good things to go with him, and it turned out that visitors go. He said, Next time you for other people. Jack Murtha was a the next day he did. come up here, I hope you can come in huge figure for those of us who were in I will never forget going through the here with me. And it was the next time my class, the class of 2006. People may Bethesda Naval Hospital with Jack I got to come in here with him. Murtha and seeing how, when he talked remember that the big debate that I was so proud every time I got to go to our troops who suffered incredible year was about the war in Iraq. over—I read about ‘‘Murtha’s Corner’’ injuries, he had that same directness, I ran as a person who was opposed to in The New York Times, and then I that same pride, that same confidence that war, and I remember during the find myself over there with mostly in engaging these soldiers—What hap- campaign being very dispirited won- folks from Pennsylvania, but also the pened? How did it happen? Was it an dering where we were going. Then a different people that were fond of Mr. IED? Was it trip wire? Was it pressure voice rose out of Washington, and it Murtha. I was standing there and I activated? was a Vietnam veteran, it was a com- He knew everything about the experi- thought, I remember reading about bat decorated marine, it was the chair ence of these soldiers. And he wasn’t Murtha’s Corner, now I’m in Murtha’s of the Defense Appropriations Sub- sentimental. He was direct. He was Corner. And I was in his corner and he committee, it was a man who had the blunt. And in that strength he was was in mine. When I needed help for my highest credentials as an advocate for warm and encouraging and respectful community and learning about appro- the military. That voice, of course, was to the service of those soldiers. It is priations, defense appropriations and Jack Murtha. something only a person with Jack’s how they could benefit this country b 1930 strength of character could do. and my community and my univer- We all know that Jack was endlessly sities, he helped me. He always helped And he stood up and he said that this me. And I helped him when he was in war was wrong. He said that his vote challenged by the press for the so- called earmarks. I remember that he need in his last election. was a mistake. I made the trip to Johnstown for his What attracted me, I think my class- took the criticism as though it was a grain of salt, and when asked, he would funeral, and I am so happy I did and I mates, and all of my colleagues who am happy to be here. I could not let have been speaking to this man, Jack hold up a document saying, this is my power. It is in the Constitution, and I this opportunity pass to speak about Murtha, was his generosity—he was al- this great American. It has been talked ways wondering what could he do for take care of my people. We lost a great man. about he was a marine and he was the you today—his integrity, but he also f first from Vietnam to be elected—he had a quality of incredible strength. was part of that class—and he stood up You gravitated to Jack because he was IN TRIBUTE TO REPRESENTATIVE and received the John F. Kennedy Pro- a strong man, strong in his convic- JOHN P. MURTHA OF PENNSYL- files in Courage Award. All is true. But tions, strong in his will to carry on, VANIA the bottom line is he was a good and yet with the strength of a person The SPEAKER pro tempore. Under a human being. who had the strength of mind and was previous order of the House, the gen- ‘‘Avuncular’’ is a word I learned willing to experience and analyze what tleman from Tennessee (Mr. COHEN) is when I was in high school, uncle-like was going on. When he came to his con- recognized for 5 minutes. figure, and I guess he was an uncle-like clusion about Iraq, it was through the Mr. COHEN. Madam Speaker, many figure. He was just a grand, good eyes of the soldier on the ground in as- speakers have preceded me today in human being. I will miss him. This sessing what was going on and why. speaking about Mr. Murtha—and I will House will miss him. And I am just for- Even as he changed his policy posi- always call him Mr. Murtha because tunate that I passed this way at the tion on Iraq, no one was a stronger sup- that’s how I referred to him here in the same time he did and got to change porter of the troops getting what they House and that’s how I will refer to time with him in life. needed to be safe and getting what him in memory. Thank you, Jack Murtha. they needed to be taken care of when I only had the opportunity to serve they got home. And what he under- with him for 3 years, and I feel cer- f stood and he began to teach this Con- tainly inadequate in being the last per- gress and this country was that if we son to speak, but this man was my FURTHER MESSAGE FROM THE respect the valor of these men and friend. He was like a father figure to SENATE women who are willing to subordinate me. A further message from the Senate their own judgment to take an oath of When I was thinking about running by Ms. Curtis, one of its clerks, an- allegiance to the flag of the Com- for Congress, I came up here to view nounced that the Senate has passed

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1821 with amendments in which the concur- me, I will try to say what it means in REPORT ON RESOLUTION PRO- rence of the House is requested, a bill a letter to Miah. VIDING FOR CONSIDERATION OF of the House of the following title: Dear Miah, that’s an awesome doll- H.R. 2701, INTELLIGENCE AU- H.R. 3961. An act to amend title XVIII of house you have in the living room at THORIZATION ACT FOR FISCAL the Social Security Act to reform the Medi- your grandma and grandpa’s house. YEAR 2010, WAIVING REQUIRE- care SGR payment system for physicians and MENT OF CLAUSE 6(a) OF RULE to reinstitute and update the Pay-As-You-Go Thank you for letting me see the cool things you’ve got in there. I like the XIII WITH RESPECT TO CONSID- requirement of budget neutrality on new tax ERATION OF CERTAIN RESOLU- and mandatory spending legislation, en- computer a lot, and the lights over the TIONS, AND PROVIDING FOR forced by the threat of annual, automatic se- door to your doll tent are awesome. questration. Thank you for showing me the pictures CONSIDERATION OF MOTIONS TO SUSPEND THE RULES f of you and your daddy. Mr. ARCURI, from the Committee on IN HONOR OF SERGEANT I guess you’ve noticed by now that Rules, submitted a privileged report JEREMIAH WITTMAN grown-ups like us cry sometimes when (Rept. No. 111–419) on the resolution (H. The SPEAKER pro tempore. Under a we hear you say that your daddy is in Res. 1105) providing for consideration previous order of the House, the gen- heaven. It’s not that we’re not happy of the bill (H.R. 2701) to authorize ap- tleman from South Carolina (Mr. ING- for him. You know better than us propriations for fiscal year 2010 for in- LIS) is recognized for 5 minutes. grown-ups that your daddy can trust telligence and intelligence-related ac- Mr. INGLIS. Madam Speaker, I am God to dry every tear. It’s just that tivities of the United States Govern- here to honor one of America’s heroes. we’re overwhelmed by the gift you’ve ment, the Community Management Ac- U.S. Army Sergeant Jeremiah Witt- given. You and your mom and your count, and the Central Intelligence man, age 26, was killed in Afghanistan grandparents have given the rest of us Agency Retirement and Disability Sys- on Saturday, February 13, 2010. Ser- the gift of your dad’s life. tem, and for other purposes, waiving a geant Wittman was from Montana. His He was in Afghanistan protecting requirement of clause 6(a) of rule XIII wife, Karyn, is from the Chesnee/Boil- you and your mom mostly, but he was with respect to consideration of certain ing Springs area of Spartanburg Coun- also there protecting me and my fam- resolutions reported from the Com- ty, South Carolina. ily and all American families. So if you mittee on Rules, and providing for con- Sergeant Wittman and Karyn have a see a lot of people crying, it’s the only sideration of motions to suspend the beautiful 3-year-old daughter named way we know to show how much we rules, which was referred to the House Miah. I got to play in Miah’s doll house care, how much your dad’s sacrifice, Calendar and ordered to be printed. when I visited her grandparents’ home how much your sacrifice means to us. f recently. More on that in a minute. Sergeant Wittman was doing what A sergeant like your dad told me re- POLITICAL DRAMA AT THE WHITE Americans best do—he was protecting cently, ‘‘When I see good things at HOUSE freedom, protecting us, when an impro- risk, I’m inclined to fight for it. I guess The SPEAKER pro tempore. Under vised explosive device was detonated that’s why I’m in the Army.’’ That’s the Speaker’s announced policy of Jan- near him as he was on foot patrol in Sergeant Mennell from Texas. I don’t uary 6, 2009, the gentleman from Mis- Zhari province in Afghanistan. know if Sergeant Mennell knew your souri (Mr. AKIN) is recognized for 60 I wonder what it means to a 3-year- dad, but I bet that’s what your dad minutes as the designee of the minor- old, Madam Speaker, to hear that her thought too. Your dad saw your future ity leader. daddy is one of our heroes. I said that at risk, Miah, so he went to fight for Mr. AKIN. Madam Speaker, this to Miah the other night at her house. I you and for me and for all of us. evening we stand just before a day—to- know she heard it from others because morrow—of great political drama. When I was leaving your house the I am trained as an engineer, and not we are very patriotic people in the up- other night, there was a beautiful state of South Carolina, Madam Speak- much of an expert on drama or plays, moon hanging low in the west over the but I have at least one theory about er. Still, I wonder what it means to a 3- mountains you can see from the top of year-old. acting in plays and drama, and that is, your driveway. It was glowing orange usually it’s very good or very bad. Miah’s mom, Karyn, knows what it and looked like a bowl that could hold means. She knew what it meant when something. I thought of those pictures b 1945 representatives of the U.S. Army of you and your dad. I thought of God As we take a look at the drama that showed up at her parents’ front door holding the moon up there, holding faces people who will be watching to- dressed in ‘‘Class A’s.’’ She knows that your dad, holding you and your mom, morrow, the question tonight is: What this Saturday an Army officer will holding this whole big world. It seemed drama are they liable to watch? Are kneel beside her and say that the like the moon was doing something they going to watch the Olympics, the President of the United States and a else, Miah. It seemed that it was hold- last part of the Olympics, which will be grateful Nation stand in appreciation ing the hope of a lot of tomorrows. You very exciting, or the political drama of of the honorable and faithful service of see, as the moon falls, the sun rises on 6 hours of discussions or debate? I her husband, Jeremy. a new day. When your dad fell, it was think there will be more drama that Devoted spouses like Karyn and self- so that you could have many more to- will take place tomorrow on the health sacrificing parents like Sergeant morrows in peace and freedom. care bill. Wittman’s know that service means Now, we have been talking about this the possibility of not coming home safe When I see a waxing moon glowing health care bill for more than a year, and sound, the possibility that the last orange and hanging low in the west, and the subject has had a tendency to full measure of devotion will be given stretching its light from South Caro- get a little bit stale, but tomorrow is on a battlefield far from home. lina to that farm your dad loved in an attempt to revive that discussion. The people of the upstate of South Montana, I’ll think of you, Miah, and One of the things that is required in Carolina and Montana know what it I’ll think of your dad, and I’ll pray for good drama is the theme, or the major means. It means that we must live our many tomorrows for you and for the topic, and the different parts of that lives in gratitude to America’s best; country your dad loved. drama have to be believable. I think the ones who come home unscathed, Thank you, Miah. that’s one of the things that may make the ones who come home with scars, the drama tomorrow more difficult in Your friend, Bob. and the ones who come home in solemn terms of its success. Let’s just talk honor. P.S. Keep an eye on those dinosaurs about what really is believable. But what does it mean to Miah? Well, in your doll tent. You know they scare The President claimed about a year Madam Speaker, if you will indulge me. or so ago—I guess it was in a State of

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1822 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 the Union message—that this new thing that they choose to pass. So how but it’s even worse if a government bu- health care was going to save money we could be, as Republicans, obstruc- reaucrat does because, if you don’t like and that it wouldn’t cost us a dime. tionists, again, seems very hard to pass the insurance company, you can Well, I guess that’s true. It’s going to the old sniff test. change companies. You can’t change cost more like $1 trillion. Is that be- Now, it seems that the President, in governments. So, again, the new pro- lievable? setting up this great drama of 6 hours posal is no different than the Democrat The President repeatedly said that of televised discussion on health care, proposal, and the Republicans are not Republicans had no ideas. Yet, in Balti- has made a major assumption, which doing that. more, just a month or two ago, he said, is, if people just knew what was in his It breaks President Obama’s pledge not that the Republicans had no ideas, bill, they would really like it. Probably not to raise taxes on those who make but that he’d read a good number of the opposite is true. What we have seen less than $250,000. Well, certainly, the the bills that had been introduced by is our constituents, my constituents, old Democrat bill did raise taxes on the Republicans. Is that believable? have called in, and they have read por- people making less than $250,000. The The President also pledged trans- tions of these bills. They know what is new proposal still taxes people more parency and openness in the whole in the bill. Guess what? They don’t like who make less than $250,000. The Re- process of developing a health care bill. it. In fact, this bill that is being pro- publican proposal does not. What we have seen has been that bills posed is ugly. It’s so ugly it has to It forces individuals to purchase gov- are developed behind closed doors, and sneak up on a glass of water just to get ernment-approved health insurance. for tomorrow, the bill that has been a drink. Well, let’s take a look specifi- That’s something that people are pret- created behind closed doors is going to cally at why it is that we are going to ty sensitive to—the government’s tell- be revealed only for 24 hours. So is the have this great health care political ing you that you must buy health in- transparency-openness pledge believ- drama tomorrow, and yet we are not surance. The old Democrat bill does able? really passing the believable test. Let’s that. The President’s proposal still In Baltimore, the President talked just take a look to see if anything has does it. Republicans reject that idea. It about the fact that he has a lot of eco- really changed at all. forces employers to choose govern- nomic experts scoring the bill and tak- First of all, this bill imposes $500 bil- ment-approved health insurance or ing a look at whether it works finan- lion in Medicare cuts. That’s a whole they are going to have to pay a new cially or not, whether or not the dif- lot of money. Five hundred billion dol- tax. So the government is going to tell ferent component parts come together lars is going to be taken out of Medi- you what kind of insurance you have and whether or not it achieves the eco- care. The old Democrat bill took $500 got to purchase or you are going to nomic results that he wants. Yet, when billion out of Medicare. The Presi- have to pay a new kind of tax. The old the Congressional Budget Office, which dent’s new bill takes $500 billion out of Democrat bill did that. What the Presi- is supposedly and to a large degree po- Medicare. The Republican alternative dent is proposing continues to do it. litically neutral, scored the bill, they takes nothing out of Medicare. Well, The Republicans don’t. said that the Republican bill actually nothing seems to have changed here. So is this great drama that is sup- reduces premiums by 10 percent while This bill enacts job-killing tax hikes posed to take place tomorrow really the Democrat bill makes them more and government regulations, costing something new? I’m not so sure that it expensive. hundreds of billions of dollars. In the is in that it seems to follow the same Then there is a question about old Democrat bill, yes, that was true pattern. whether or not the meeting tomorrow, for it. The President’s new plan, which which is attempting to be billed as bi- is online, likewise enacts a lot of job- Now, if we take a look at the pro- partisan and bipartisanship—does that killing tax hikes and government regu- posal, the proposal is still pretty much really make sense? Because, if you lations that cost billions of dollars. Yet the same thing. Here is a picture of write a bill behind closed doors, unveil- the Republican alternative does not. what this bill looks like. You have got ing it at the last minute, within 24 It spends $1 trillion on a government a 2,000-page bill, and it is pretty com- hours, and then demand that the Re- takeover of the health care system. plicated. To try and read 2,000 pages in publicans agree to it, is that really bi- This is something that people are real- 24 hours is quite an undertaking. The partisanship? I wonder if that is believ- ly conscious of. This is a government only advantage that some of us have is able. takeover of an entire sector of the U.S. that it’s so much like the other pro- The President promised us that the economy—$1 trillion. I think that num- posals that it is not really that dif- bill that he was going to present when ber is short because it’s not counting ferent. You don’t have to read all 2,000 he was in Baltimore would include tort the unfunded mandates to States. The pages of it to know what’s in there. reform. Yet the bill that we have seen old Democrat bill does that. The Presi- As I mentioned, the President makes did the exact opposite. The States that dent’s new bill does it. The Republican an assumption, which is that, if people had already enacted tort reform were bill does not. So what has changed just understood the bill better—now forbidden from using those tort reform here? that’s obviously something that he laws. So, in effect, it would reverse tort It benefits trial lawyers by failing to could talk about for 6 hours, I think, if reform and would go in the exact oppo- enact tort reform. Well, the old Demo- it’s that complicated. If people just un- site direction. Is that believable? crat bill did not have any real tort re- derstood the bill better, they would We were told that the special deals form in it. In fact, it went the opposite like it. have been taken out. Yet, in a few min- way. The President’s new bill is not What I would propose is that the utes, we will take a look at those spe- different. The Republican alternative President is mistaken in that regard. cial deals which remain in the bill. is the opposite. It protects backroom What I would like to talk about for Then last of all—and it is the one deals with Washington special inter- just a few minutes are the people who that I find most amazing—the Repub- ests. We’ve been told these deals have are not going to like this bill when licans are obstructionists. I find that been taken out, but they’ve not been they see what it has got in it, because hard to believe how anybody could taken out. The old bill had those spe- there are a lot of these groups of Amer- even repeat that, let alone believe it. I cial deals. The new bill does. The Re- icans, various groups, and I will tell wish it were true. I sorely wish it were publican bill does not. you which groups they are and why true. The Republicans here in this It puts government bureaucrats in they’re not going to like this bill. I Chamber, my Republican colleagues, charge of personal health care deci- think, the more that this bill is talked are 40 votes short of a majority. There sions. This is something a lot of Ameri- about and the more that people read it is nothing that we could obstruct if our cans are very concerned with. It’s bad and see how it works, what’s going to lives depended on it. The Democrats enough if some insurance company is happen is that you’re going to see could lose 20 voters and still pass any- getting between you and your doctor, these numbers change.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1823 Right now, in the public opinion of The next group of people that will cost jobs. It will make it harder for you health care, 58 percent of voters na- probably not like this bill is the group to get your next job. How is it that this tionwide oppose the Obama health care of people who are married. What this bill will make it harder for you to get reform plan; 58 percent oppose it; 50 bill does to married people is it says, if your job? We’ll get into that in a little percent of voters strongly oppose the you’re married, you’re going to have to bit more detail later, but the basic ele- plan, and 78 percent of voters expect pay more money for your health insur- ments of creating jobs in our economy the plan to cost more than projected. ance than if you’re single. So there is a is allowing the small businesses to cre- So it’s not very popular now. The ques- marriage penalty in this bill. ate the jobs by creating an environ- tion is: If they see 6 more hours of In other words, if you have two indi- ment in the small business that makes drama, are they going to like the plan viduals who are both making the same jobs. any more? I would suggest that there amount of money—say you have two How does that happen? Well, one, you are all kinds of groups of people who individuals making $32,000 a year. If don’t want to tax the guy that owns are not going to like this plan. Let me you take a look at what those two sin- the business because you want him to talk to you about some of those groups gle individuals have to pay, because put his money back into the business of people. they get all the subsidies under this to expand it, to buy new equipment, to The first is a category that I am in- bill, they are going to have to pay a lot put a new wing on the building in order creasingly putting myself in, and less than the two people, as husband to create more jobs. This bill does the that’s the group of people who are and wife, who are making the same exact opposite. It buries the small busi- older. I just hit 62 years old, so I’m amount of money. Those people will ness owner in taxes and red tape and a feeling a little bit older, and older peo- have to pay $2,000 more. So this bill lot of unknown costs for health care. ple aren’t going to like this plan for a contains, for that example, $2,000 of When you do that, it’s going to make couple of reasons: penalties for people who are married. the small business less likely to hire The first reason they won’t like it is So, if you’re married, you probably people, and, therefore, if you’re unem- because of something we mentioned won’t like this bill. ployed, it’s going to make it a lot hard- just a minute ago, which is that this is Now, if you happen to fall in the cat- er to get a job because this is a job- going to take $500 billion out of Medi- egory of being pro-life, or at least if killing proposal. So if you are an un- care. Now, when I was first getting you fall in the category of not wanting employed person, this is not something started in politics years ago, the Demo- government money, your tax money, to that you want to see passing right crats always accused Republicans of pay for abortions, you won’t like this away. taking money away from Medicare. bill because the bill that’s being pro- The people in America who own Yet, ironically, this bill which is being posed is the Senate bill, and it allows health insurance are not going to like proposed by the President is taking in these insurance policies, which are this bill. If you own health insurance, $500 billion out of Medicare. So, if government funded, for people to get what this bill is going to do is it’s you’re an older person, you probably abortions through the policies. going to charge you more money for won’t like it for that reason. b 2000 your health insurance to help pay for If you are an older person, there is a the people who haven’t bought any bigger and more serious reason that So there is not a strict and clean line health insurance. So this bill is going you will not like this bill. If you are in the bill the way the House version of older, you will go to see the doctor the bill was passed which says that to cost you more for the health insur- more. If you go to see the doctor more, there is absolutely no using these gov- ance if you own health insurance. Let’s just run through the list of who what this bill is going to do is it is ernment policies to do abortions. So if wouldn’t like this bill. If you’re older, going to harm the quality of American you’re pro-life, you will not like the you won’t like the bill. If you’re young, health care. It will harm the quality. Senate version of this bill, and you will you won’t like the bill. If you’re mar- This has been the experience of every hear people who are involved in the nation that has had its government pro-life cause standing and arguing vig- ried, you won’t like the bill. If you’re take over health care. It has also been orously that the Senate version is un- pro-life, you won’t like the bill. If the experience of two States—Massa- acceptable. you’re a small business owner, you chusetts and Tennessee—which have Now, if you own a small business, won’t like the bill. And if you’re some- had their State governments try to you’re not going to like this bill. If you body looking to get a job from that take over health care. In every one of own a small business, this is going to small business owner, you still won’t those experiences, the quality of health cause you trouble in a number of dif- like the bill. Then also if you have care has gone down, and the cost of ferent ways. First of all, you’re going health insurance, you’re not going to health care has gone up. to be taxed a tremendous amount of like the bill either. So there’s a whole So, if you are an older person and if money to help pay for this whole thing. lot of people that just naturally when you see the doctor a little bit more, If you think about small business in they take a look at what all of this first of all, you’re not going to like America as being people who have 500 complicated maze means to them, that great big cut to Medicare. Second employees or less, that is, 80 percent of those are all people who aren’t going to of all, the quality of your health care is the jobs in America are small business like this proposal. going to go down. people, those companies are not going Is that all there are who won’t like Now let’s say, instead of being older, to like this bill, the people that run the proposal? Oh, no. There are a lot of you’re young. Certainly you would like those companies, because of the fact other people who won’t like the pro- the bill if the older people don’t like it. that it requires those companies, first posal as well. Let’s take a look at some No. Wrong. If you’re young, you won’t of all, to pay a great deal of increased of the others. like the bill because this bill forces you taxes to help pay for the trillion-plus- If you are concerned about illegal im- to pay for government insurance which dollar bill in this package, but also it migration, you won’t like the bill be- is written the way the government requires those companies to buy the in- cause this bill provides no guarantee says you have to buy the insurance. If surance that the government tells that illegal immigrants cannot come in you don’t buy that insurance, you’re them they have to buy, and if even one and get health care and get the sub- going to be penalized. You’re going to employee doesn’t like it, then there are sidies to health care that will have to have to pay a penalty. going to be additional penalties. This is be paid for by the American public and If you are a young person, if you like going to cost small businessmen a lot all the people who are taxed to pay for freedom and if you don’t want the gov- of taxes and a lot of regulations and this measure. So if you’re concerned ernment telling you what kind of in- red tape. If you’re a small business- about illegal immigrants coming and surance to buy or if you have to buy in- man, you’re not going to like this bill. getting a free ride in terms of govern- surance, you won’t like this bill for If you’re unemployed, you won’t like ment-paid-for health care, this bill those reasons. this bill because this bill is going to does not contain the protections. If

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1824 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 you’re worried about illegal immi- Cash for New Jersey drug companies. surance company, which you can al- grants coming into this country and New Jersey’s getting a deal. The cost is ways change or at least you have some getting subsidized health care, this bill $1 billion for special deals for New Jer- chance to change, you have no chance does that and there is no protection sey. to change the Federal Government if against it. Extra cash for union health care the Federal Government is the one If you’re one of 36 States who do not plans. This is a deal of $5 billion. It that is coming between you and your want the Federal Government to man- says that there’s going to be a reinsur- doctor. So if you’re a doctor, a lot of date that everybody in your State has ance program to defray the medical doctors do not like this plan. In fact, to buy government-certified health costs of union members. So that’s $5 there have been a dozen different Re- care, if you want the people in your billion for union member health care publican doctors on the floor over the State to have some sovereignty, if you costs. period of the last year talking about care about State sovereignty and you Are there other special deals? Yes, in the fact that they don’t like this plan. want the people of your State to make fact, there are. We don’t have to pay They think it’s terrible, and that their own decisions how they’ll spend any Medicare Advantage. Remember should tell us something. There is an- their money and you don’t want the how I said this bill is going to cut $500 other constituent group that does not Federal Government to force the peo- billion from Medicare. But it won’t cut like the plan. ple in your State to pay for insurance, Medicare Advantage for people in Flor- There’s another group of people who then this bill is something that you ida. So if you’re in Florida, you won’t will not like this plan, I happen to fall don’t want. And there are 36 different get that Medicare Advantage cut; the into this group, and it’s one that you States, out of 50, 36 States that have other States will. might not think of off the top of your legislation that is in the process of Special funding for coal miners in head, and that would be people who moving in those States essentially ban- Montana. Yes, it does. The cost, we’re have cancer. Why would people who ning the Federal Government from re- not quite sure what that is, but it’s have cancer not like this plan? Well, quiring citizens of those States to have Medicare coverage for workers exposed one of the things that has been done is to buy health insurance product. So if to environmental health hazards. to take a look at the survival rate in you’re one of those 36 States where the There is a fee exemption for politi- people who have cancer in various legislators are saying we don’t want cally connected insurers, in Michigan countries. What you find in England is the Federal Government butting into apparently. Higher Medicare payments the survival rate is much, much lower our business, telling our citizens that for North Dakota providers. Hawaii than the survival rate in America. The they have to buy insurance, then this hospitals are getting exempt from the survival rate of cancer patients in Can- is something that you certainly cuts. And longshoremen are exempt ada is lower than the survival rate of wouldn’t want. from tax or health plans. There is a cancer patients in America. So if The other people that might not like whole series of special deals. So if you America, then, changes our medical this, and this probably goes almost don’t like special deals for various system to be more like England or Can- without saying, are people who make a States that your State doesn’t get, you ada, we have to assume also that then fair amount of money. People who won’t like this plan. the survival rate of cancer patients is make a fair amount of money are going I think one of the groups, and this is going to be less. It’s going to be harder to be taxed very heavily in a number of probably not exactly small that doesn’t to try to survive cancer when you have different regards to try to help sub- like this plan, would be doctors. Why a State-run system doing cancer. So sidize this new health insurance plan. would that be? Well, what does a doc- there’s cancer patients. If you’re well-to-do and you don’t like tor do? Why does a doctor become a The list does seem to be getting a lit- huge taxes, then you certainly are not doctor? Many of them will say that tle bit long. And is it really such a going to like this plan. they really wanted to take care of peo- good idea on this great drama that’s If you happen to be somebody that’s ple and help them with their health supposed to take place tomorrow, in concerned with doing things in a just care. Why, then, would a doctor dislike competition, by the way, with the way, that is, if you’re concerned that this plan other than its great com- Olympics, this great political drama, is every State gets the same deal, that plexity? the assumption really true that if the there are no special deals in this legis- Well, one of the things that’s ex- American people see this bill more lation, you’re not going to like it. tremely frustrating to doctors, as well closely, they’re going to love it more, We’ve been told that the special deals as patients, is something that we don’t or is it possible that in this drama, the have been taken out. But, unfortu- like but has happened, and that is you real villain in the drama is this very nately, that’s not true. Here are some allow an insurance company to come bill itself? Is it possible that all of of the special deals in this proposal these different groups of Americans between a doctor and a patient. I think that are still there: really do have it right? One of them is what they call Lou- most people consider that doctor-pa- isiana Purchase No. 2. And that is tient relation—certainly my Repub- b 2015 something for, I believe, MARY LAN- lican colleagues would say if there’s Let’s run through this again. This is DRIEU out in Louisiana. The cost is $300 anything in health care that should be a pretty significant list as I go through million, and it provides a special as- principally sacred, it would be the fact it. I would like you to ask yourself, do signment for States recovering from a that the doctor and the patient need to I fall into that group myself? Is this major disaster. It’s written just to in- make the final decisions on health something that is going to affect me in clude this one State, and it’s $300 mil- care. That’s something that we don’t a bad way? Certainly a great majority lion to add to the State Medicaid pro- want to have disturbed, and if an insur- of Americans believe it will hurt them, gram. So that’s a $300 million special ance company is allowed to come be- and it is not a bill that they want. But deal for Louisiana. tween the doctor and the patient, we let’s take a look at who these people How about for Connecticut? Yes, don’t like that. We don’t want some- are that wouldn’t like it. there is a special deal for a Con- body that’s not a doctor getting in- First of all, if you’re old. Then if necticut hospital, $100 million, which volved in medical decisions. you’re young. If you’re married. If appears to apply only to some Con- Unfortunately, in versions of this you’re pro-life. If you’re a small busi- necticut hospitals. plan, what you have is you have insur- ness owner. If you’re unemployed. If There’s millions of Medicaid dollars ance companies who are allowed to you have health insurance. If you’re for Vermont and Massachusetts, that’s make medical decisions and are not concerned about illegal immigration, $1.1 billion total. It helps with the Med- held legally accountable for the out- and they are getting health insurance. icaid program and gives about $600 mil- come of those decisions. That’s bad If you are one of the many States who lion to Vermont; Massachusetts $500 enough, but a doctor particularly won’t are concerned with a government man- million, for those States. like this plan because, instead of an in- date that every citizen has to purchase

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1825 government-certified health care. If some government creation to try to the captain of the ship to go to ram- you are well-to-do. If you are those make this thing work, because the gov- ming speed, to take the bill which a who don’t like the special deals that ernment is taking over, you have to re- majority of Americans do not support some States get and other ones don’t member, almost a fifth of the U.S. and to try to jam it through. Now, get. If you are a doctor, you are not economy. And when they do that, they there can be a nice political drama to- going to like this plan. And if you care have got to create a lot of bureaucrats morrow, but is it really working in a about the doctor-patient relationship, and boxes and flow charts and all that cooperative spirit to go behind closed you particularly won’t like this plan. kind of stuff. If you don’t like red tape, doors, put together a bill, pop it out And if you happen to be a person with you are not going to like this bill. within 24 hours, and then demand that cancer, you’re not going to like this And then people who don’t trust the the Republicans all go along with it? Is plan. But then again, you may be dead, government to run the economy. Well, that really working in a bipartisan way so you might not care as much. I think there are a lot of people who or is it really just more of my way or And then you have other people, think that the government is not prov- the highway? I will leave that to your leaders who are in State government, ing to be very efficient in the way it decision. But that is what the New governors, legislators, various senators runs a lot of things. Even the premise York Times, not exactly a conservative or house members in State govern- behind this bill is, well, we’ve got a oracle, is saying this is the plan, is to ment. Why would they not like this problem with Medicare, so we’re going take the bill that went through the plan? Well, here, this is another group to take the money out of Medicare, and Senate, which a great majority of that has a pretty good concern; and Medicare isn’t working quite right, so Americans do not support, and push it that is the trillion-dollar bill that has therefore what we need to do is to re- through anyway. been attached to this plan, that tril- place Medicare with the government This is where the public is now. lion-dollar bill is not the full cost of taking everything over. There is some- Fifty-eight percent of voters nation- the plan. A lot of cost is going to be thing about that logic. wide oppose this health care reform passed down to the various States. So If you take a look at the overall fi- plan. Will 6 hours of drama tomorrow this plan contains unfunded mandates nances of the U.S. Government, what change that? Is this going to change? Is on the various States. you find is it is not a big problem with it really going to be drama, or does it Now, a lot of States, because of the earmarks, the real big problem is with lack credibility? I would suggest that recession and the high level of unem- three entitlement programs which are when I take a good look at this, I think ployment, their State revenues are growing because of the demographics people may yawn and say, this sure very tight. In fact, some of them are in in our country and because of the na- looks like the same old same old, we the red. And if we, through this plan, ture of those entitlement programs. haven’t seen very much changing, and produce something that first of all is The entitlement programs are Social the Olympics is a whole lot more excit- going to create more unemployment Security, Medicare, and Medicaid. Two ing. and going to cost more money to the of those are medical entitlements, As I started by saying, I have ob- various States, people who have to Medicare and Medicaid. Both of those served things about drama and plays. manage the State budget, unlike the are growing to the point that over And the things that I have observed are Federal budget, many States have a time, and people disagree exactly what that they tend to be either really good balanced budget requirement. And so if year it happens, but they bust the en- or really bad and boring. And so that is my concern about the high level of you keep adding more costs to those tire Federal budget. They grow so big, drama tomorrow. States, they are going to have to cut they balloon so large that you can’t de- Now, one of the connections that I other things on the State budget in rive taxes any more, and they basically think we need to make, and it is some- order to pay for this big government- shut out all of the money that Con- thing that has been made, is the con- run program. The exact numbers on gressmen are supposed to spend on dif- nection to something that I think is on what unfunded mandates this includes ferent things like defense or all other the minds of Americans maybe more are not entirely known, particularly kinds of government programs. So than a government-run health care when a plan is being released and you these things, like a cancer, are growing program, and that is the problem of un- have 24 hours for different economic so big that they threaten to break the employment. I would like to connect experts to look at it. Federal budget and the Federal piggy these two because these two do connect Now, is it possible that the reason bank. In fact, right now those three together. that this bill, after it has been put to- programs, Medicare, Medicaid, Social I see that I am joined by my good gether behind closed doors, is trotted Security, have almost gotten to the friend from Georgia. JACK, were you in- out for only 24 hours, that the reason point where they are taking half of the terested in joining our discussion? for that is people really don’t want a disposable budget of the country. Mr. KINGSTON. I certainly am. I good economic look at what this is So now we have got Medicare and wanted to ask the gentleman from Mis- going to cost? I hope that is not the Medicaid out of control. And so what souri something. case, but it is very hard in 24 hours for are we going to do? Oh, well, we’re Mr. AKIN. I yield. the Congressional Budget Office to going to have the government take Mr. KINGSTON. As I understand it, come up and say, well, here is what it over all of health care. That doesn’t this theater tomorrow, this summit at is really going to cost. seem to be a credible solution to that the White House about health care, I And even if you take their best esti- problem. want to make sure I understand, is it mates, which I think they try, in the This is an article from the New York health care only? Certainly they’re past their estimates of Medicare were Times. ‘‘As a result,’’ this is talking going to talk about jobs. We had the way, way off by a factor of two or three about this great meeting, this great po- stimulus program when the unemploy- or as much as seven times off. Those litical drama that is supposed to take ment was less than 8 percent. It is now numbers tend to be much lower than place tomorrow, ‘‘Democrats now are over 10 percent. The stimulus program, what the real costs of the programs considering a plan to use a parliamen- which was over $800 billion, was spent are. So there are a lot of people in var- tary maneuver called budget reconcili- over a year ago, it’s deficit spending, ious State leaderships that are not ation to attach changes to the Senate it’s borrowed money, and it was sup- going to like this plan. health care legislation as a budget posed to keep unemployment from People who do not like red tape. I measure which cannot be filibustered going to 8 percent, now it’s up to 10 don’t think we need explain that one and requires only a simple majority for percent. Certainly tomorrow at the very much. If you don’t like red tape, passage in the Senate.’’ White House the topic isn’t going to be you are not going to like this. This is Now, does this look like a bipartisan more spending for a government health a simplified version of a 2,000-page bill. effort to cooperate on health care? I care program. Certainly they do plan And every one of these new boxes is don’t think so. What this is is a call by to talk about jobs.

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1826 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 Am I correct or incorrect? Mr. KINGSTON. Actually, also there thing that was there before. What is it Mr. AKIN. What you just said, Con- might be something to it if the Presi- that kills jobs? This stuff is not com- gressman KINGSTON, I would wish that dent had not been Senator Obama. Be- plicated. Anybody who ran a lemonade that were true. I think the American cause Senator Obama voted for every stand as a kid is going to understand public is concerned about unemploy- single appropriations bill; and the Bush what these things are. ment. Somebody made the comment stimulus program in May of ’08, about The first thing is economic uncer- that unemployment is an important $168 billion; July of ’08, Fannie Mae, tainty. If a guy that owns a business, issue, but it really becomes critical $200 billion; Bear Stearns, $29 billion; because you think all these jobs, most when you are the one that is unem- AIG, $85 billion going to $140 billion, of them are in small businesses, 500 or ployed. Yet my understanding is that done by the Federal Reserve. less, that is 80 percent of the jobs in this drama, this political drama, is ba- Mr. AKIN. What you are saying, Con- America, if you take a look at those sically rehashing the same old play, gressman KINGSTON, a billion here and guys and if you say, hey, I don’t know which is, here we go again with this a billion there, that starts to add up, what in the world the future is going to health care situation. doesn’t it? bring, you are going to go, boy, I don’t You made the comment that they Mr. KINGSTON. It absolutely does. want to take any risks because we just had, I think it was a $787 billion, some But the thing I am saying on this Fed- don’t know what’s going to happen. people called it a stimulus plan. eral Reserve spending is that neither You’ve got this huge tax for the social- Mr. KINGSTON. If the gentleman Senator nor President Obama has spo- ized medicine bill, you’ve got this glob- would yield a second. ken out against that. He embraced the al warming deal, which is a tax on en- Mr. AKIN. I do yield. TARP bill, the Wall Street bailout, ergy, tons of red tape that go along Mr. KINGSTON. Actually, as price with both arms. That is $700 billion. with it, a lot of uncertainty. tags tend to expand after legislation is Then there was $410 billion for the om- Mr. KINGSTON. The gentleman is passed in Washington, the Obama stim- nibus spending bill. And then, as you right. Investment money is going to sit ulus plan was $787 billion, but they re- pointed out, $800 billion for the stim- on the sidelines until the government vised it now another $75 billion, so it is ulus bill. Now he is proposing $950 bil- sets the rules and keeps them. Busi- well over $800 billion. lion for this government health care nesses can adjust. Even if the rules are Mr. AKIN. Over $800 billion? plan. And yet he still says that he a bit excessive and high and unreason- Mr. KINGSTON. Yes. wants to reduce spending. able, business will adjust to it. But if Mr. AKIN. Some of us stood here and I’m on the Agriculture Committee. you keep changing it, they can’t ad- said, This is not going to work. I was We had a hearing today with the Sec- just. So of course investment capital is standing on this floor a year ago and I retary. I think the Secretary is a very going to sit on the sidelines. That’s said, This stimulus plan will not work. decent Secretary. But the proposal of just economic common sense. It wasn’t because some of us were such the administration is to freeze agricul- Mr. AKIN. So the first thing is if you geniuses. It is because we had learned tural spending. Agricultural spending take a look at what we have been from Henry Morgenthau back in the has gone up 26 percent since 2007. Yeah, doing, we have injected a whole lot of 1930s, who stood before the House Ways you have a run on the bank—— uncertainty into the system to begin and Means Committee and said, we Mr. AKIN. Wait a minute. This is one with. tried this idea of excessive government of these ones just like we are talking Mr. KINGSTON. With more to come. spending, money that we didn’t have, about in that health care plan. This More to come. As you said, cap-and- and we tried to spend money like mad. doesn’t compute, does it? We say we trade, but you did not mention the This is the guy who was Little Lord are going to freeze something that we banking bill. This is another financial Keynes’s buddy, he was FDR’s Sec- just raised by over 25 percent in a year takeover. And you know, I haven’t seen retary of the Treasury, and he said, it or two. That’s incredible. a lot of wisdom behind the govern- doesn’t work. Mr. KINGSTON. There is no end to ment-knows-best mentality of the Now, I don’t think you had to be a this. Today at the Business Roundtable Pelosi House. rocket scientist to figure that when the President said something like, I am Mr. AKIN. Congressman KINGSTON, I you and your family are in trouble eco- a staunch capitalist, I believe in the am glad you mentioned that, because nomically that what you do is don’t go capitalist system. And yet let’s look at when I take a look at some of this un- spending money like mad. If spending the last record. There is not a govern- certainty, I think of three nets that money was going to give us a good ment regulation that this administra- are being thrown over free enterprise. economy, boy, we would have a great tion hasn’t embraced and said, look, we The first was a net on everything that economy right now. need the government to do this. has to do with energy. And as an engi- Mr. KINGSTON. I’m glad you Mr. AKIN. Government to do more neer, energy is very pervasive in every- brought that up. Because as you know, and more things. You know, if we go thing. as Republicans we overspent. back to that whole thing you are talk- Mr. AKIN. We did. ing about on that supposedly stimulus b 2030 Mr. KINGSTON. We spent way too bill, this is such basic stuff, and yet So, if the government is regulating much money. Now, I will point out this somehow the administration doesn’t energy all over, that’s, as you say, a year’s deficit alone at $1.4 trillion is understand it. We have a lot of unem- government takeover of a type. more deficit than George Bush had in ployment, we have a whole lot of The next net is over all of health the entire 8 years. Let me repeat that. Americans that would like to get jobs, care. But the third net most people Eight years of Bush is still less debt and so the question is what can the don’t know about, and I’m very thank- than 1 year of President Obama. government do to try to get those jobs ful that you brought that up, and that Mr. AKIN. Let me just toss that going? And I have made a list of all the is the net over all the financial trans- number a different way. George Bush’s wrong things to do. These are the actions. Now, you put those three nets worst debt year was with a Nancy things that are job killers. in place and you don’t have very much Pelosi Congress, and that was about Now, if you take a look at what are of free enterprise anymore, because the $400-something billion. I agree with the things that kill jobs, first thing off government is tinkering and tampering you that was too much debt. And that the bat, we score the stimulus bill you and adjusting and fiddling around with was ’08. You go to ’09 with President are talking about, the health care bill the rules in all of those areas. And that Obama, and his very first year was $1.4 that is supposed to be the centerpiece really builds that economic uncer- trillion, three times more than Presi- of this great political drama tomorrow, tainty, and that’s a job killer. dent Bush. And then they want to say, and it is supposed to be something new, Mr. KINGSTON. Well, you know, it’s yeah, but it’s Bush’s fault. Wait a and they are going to open the box and interesting the way the Pelosi-Reid- minute. it is going to be the same old ugly Obama triumvirate always is coming

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1827 back to government and Washington since the Department of Education. I schools or, you know, the circles that solutions because, as I see it, looking mean, there’s no way you could argue run around in the Northeast that, well, at the government performance, Re- that. the American people, bless their heart, publican or Democrat, it hasn’t been Mr. AKIN. Did you know there was a they just don’t understand this health effective. Just think about Wash- report that was done on the Depart- care bill. You know, what has he given, ington, D.C., two weeks ago, shut down ment of Education? I think it was dur- 50 speeches? I don’t know. I know I had because of snow. Now, you know it ing the days of Ronald Reagan. Their 19 town hall meetings. The people un- might be worth 48 hours, but this was conclusion in the report was that if a derstand the health care bill. If there’s a town where, essentially, everybody in foreign country had done to America one certainty in the whole debate it is the government took off for a week. what the Department of Education had that the American people understand Now, it’s interesting. My son works done to education, we would consider it the Obama-Pelosi health care bill. in Washington, D.C., in the private sec- an act of war. I thought that was kind Mr. AKIN. That’s what I find is al- tor. Somehow, his roads were open. of an interesting report that we’re pay- most comical in this whole thing be- And I saw that over and over again, the ing money for a department that has cause, you know, you take a look at private sector people could get to work done what would be considered an act the American public—and this is my 2 weeks ago in the snow. Not every day, of war. 10th year in the U.S. Congress, and I’ve not every hour, because it was a bad Mr. KINGSTON. Well, you know, the got constituents that are reading this storm. But for government employ- old expression, I’m from the govern- stuff, and they know the bill. And you ees—— ment, I’m here to help. I haven’t found can’t tell me these people don’t know Mr. AKIN. My friend, you’ve men- a school board or a school board mem- what’s in this bill. People know what’s tioned that snow. I heard—I wish you ber back home or a teacher in the in it, and they don’t like it. They think could tell me if it’s true. I heard that classroom who can’t spend the money it’s ugly the snow was going to continue unless more efficiently and more effectively Mr. KINGSTON. You know, the town Al Gore said ‘‘uncle.’’ Is that true? because, you know, there’s an old Lo- meetings that you and I had, the town Mr. KINGSTON. Well, let’s just say retta Lynn song about raising children. meetings where you did not have to the global warming campaign has been One needs a spanking, one needs a hug- have an invitation, the town meetings a great disappointment except for the ging, and one’s on his way. And you where you invited Democrats, Repub- Vice President’s pocketbooks. He’s know, that’s the situation with edu- licans, Tea Party members, independ- done real well on this financially. cation. It’s the teacher in the class- ents, out-of-towners, nonregistered But, you know, you think about the room who knows how to teach Johnny, voters, the kind of town meeting where government efficiency. Think about not some bureaucrat on the sixth floor you had open mikes and anybody could Katrina. What was that, $120 billion to three offices down at the Department stand up and say anything they want- rebuild New Orleans? I would think of Education in Washington, D.C. ed—— Democrats and Republicans share the Well, you know, what about Medi- Mr. AKIN. Those meetings seemed to blame. Government did not do a very care? have been pretty exciting this last good job. Now, Medicare’s a very important year. Think about the war in Afghanistan, health care program for our seniors— Mr. KINGSTON. Well, you know what now going into its eighth year. We my mom’s on it and I think your par- I found though? The people were read- have not executed the war very well. ents are—and yet it’s going broke. $36 ing the bill. And I’ve got to say this to Think about Social Security. It’s trillion in unfunded assets? What are the people who supported the bill, they going broke. I look at my 24-year-old we doing to senior citizens? The profound some good stuff in there and said son and your children. They are not gram is going broke, and yet we have to me, you ought to support that. And going to get it. That’s a mathematical our head in the sand. there were some things in there that I reality. That’s not political spin. It Mr. AKIN. What I was just talking think are worthy of supporting. runs out of money in 2030, period. Now, about here on the floor a little bit with But I still think it’s very difficult to we could tinker around the edges and this great drama that’s supposed to make a bad bill a better bill. I think it postpone that maybe a year or two, but take place tomorrow, the question is, would be better to start all over, pick it needs working. you know, drama, there’s supposed to and choose some ideas from Repub- Mr. AKIN. Now, one of my favorites be some element of it being credible. A licans. You don’t have to start at there is the Department of Energy. Did science fiction movie, it’s a cheesy Ground Zero as if you’ve never heard of you know why the Department of En- movie if it’s unbelievable. And yet health care reform ideas, but you ergy was originally created? Quiz time. what’s going on tomorrow is we’re should start all over in this legislation. Mr. KINGSTON. I have a feeling it going to take $500 billion out of Medi- What if this was the Pelosi-Boehner- was Jimmy Carter trying to get us off care. Reid-McConnell bill? What a different Middle East oil. Is that—— Now, and then the idea is that after thing. And I think that’s what we want Mr. AKIN. You go to the head of the people watch this 6-hour great debate, to do. We want to work with the Demo- class. The whole purpose of the Depart- that they’re going to be happy and crats. ment of Energy was to make sure we’re they’re going to like the bill when they We were shut out of the stimulus bill. not dependent on foreign oil. find that they’ve taken $600 billion or We were shut out of the omnibus bill. Mr. KINGSTON. And I think, at the $500 billion out of Medicare. And I’m We’ve been shut out of health care. time the export or the import amount thinking, I’m not sure that people Maybe tomorrow isn’t just theater. from the Middle East was maybe 50 to aren’t going to just say that bill is Maybe it’s the turning point. I hope 60 percent, or, no, excuse me. It was ugly. that it is. You know, I’d like to see about 35 percent, and now it’s up to the Mr. KINGSTON. You know, there’s a something get done. But a lot of times, 50 or 60 level. joke about the guy asks his friend, he you know, these things are just posi- Mr. AKIN. Of course the Department says, Why don’t you ever read the tioning. has grown tremendously as we’ve be- Bible? And he says, Well, you know Mr. AKIN. Let me just respond to come more dependent on Middle East- what? I just don’t understand all that what you’re saying because maybe I’m ern oil. What was it they said? The stuff that’s in there. And the guy re- being too pessimistic about this. But compassion of the IRS and the effi- plies and says, Well, I don’t think it’s let’s take a look at the format. The ciency of the post office or whatever. the part that you don’t understand format is we’re going to huddle behind Mr. KINGSTON. Yes. But let’s talk that is bothering you. closed doors. We’re going to produce a about the Department of Education. And the President says over and over bill. You get 24 hours to look at it, and Boy, I tell you what. School systems again, I guess this is maybe his back- then we want you to come and tell us have really done well, haven’t they, ground in, you know, Ivy League how much you like it. That doesn’t

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1828 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 seem to me to be sort of an open the individuals because, you know, when And we are here now on the eve of kimono and let’s work together as a you’re forced to buy something, that is the 6-hour meeting that is scheduled at team. It’s more like, if you don’t sup- a tax. And so there would be less Blair House that the President has in- port me, then my way or the highway. money for customers of small busi- vited both Democrats and Republican Mr. KINGSTON. Well, let me ask you nesses on a discretionary basis. Wheth- leadership to join. And Mr. Speaker, I this now. Who gets to look at it in 24 er they’re buying hamburgers or came to the floor to talk about this hours and when? Who is this group of clothes or tires or whatever, they’ll issue and help to put it in a perspective people and when? have less of it in their pocket. so that as the American people watch Mr. AKIN. Well, I’m not exactly sure Mr. AKIN. Did you know that there what’s going to happen tomorrow, they of that. My understanding was the bill are supposedly 36—I know Missouri is understand it in perhaps a better per- was supposed to be released 24 hours one of them. That’s my home State. spective than they might otherwise. from the day that they’re talking There are 36 States that have legisla- Now, I would lay it out this way. I about it, and the only thing I’d seen tion moving exempting the States from think there are two points, Mr. Speak- earlier this morning was outlines, and having to be required to purchase er, that need to be addressed by Demo- the outlines, of course, the Congres- health care when the government de- crats. And these are significant points sional Budget Office can’t score it. And mands that everybody has to buy feder- of vulnerability where there has been a it appears to be very much the same ally approved health care? There are 36 persistent criticism from the public. thing as the Senate health care bill is separate States moving legislation to They have made the point that of all of everything we can tell. We’ve been told stop that. That doesn’t say something’s the agonizing national debate that’s that there aren’t special deals in it, popular. taken place on health care, that the and yet as we take a look at it, we find Mr. KINGSTON. Well, again, the Democrats have first of all shut Repub- that there are. Somebody managed to American people do understand this licans out. They shut Republican out of take a look at the ones that were there Pelosi-Obama-Reid health care pack- the room, shut them out of the nego- before and a lot of them are still there. age. And, you know, I think one of the tiations, shut them out of the office. The Louisiana Purchase is still in it, as great examples of government effi- And the second thing is, the Demo- I understand. ciency we saw in August, Cash for crats haven’t had transparency. Mr. KINGSTON. I understand there’s Clunkers. It was a program, actually They’ve been cooking up these health some special interests for Louisiana, pretty simple program. You turn in care deals in secret. And as this thing Connecticut, Michigan, and those are your old gas guzzler, you trade it in for unfolded, some time in early Sep- the deals we know about because those a more fuel-efficient car. We give you a tember was the last time that I am were a little bit more visible. But you tax credit. They take your old car, put aware of that a Republican senator or can imagine all the other oddball stuff it out to pasture and put it down. And, a House Member was sitting in a room in there, the hospital wings that will you know, it’s kind of an easy thing to talking with Democrat leadership be built here and there. follow. Stimulates the car dealerships. about how to come about this health Mr. AKIN. Hospital’s in—my under- Well, that program was supposed to care policy. standing is the hospital is in Con- last from August to November. It was a From that time forward, it became necticut; Medicaid dollars, Vermont, $1 billion program. I think they hired secret back-door meetings, and it be- Massachusetts, New Jersey; drug com- 100 employees, came back a week later came secret deals and combinations of panies; extra cash for union health care and said they needed 1,100 employees secret deals that brought about in the plans. I have a list of some of these. and $3 billion. And even doing that, end the American people were repulsed Montana coal miners. Florida seniors Cash for Clunkers was dead and defunct by what they saw. They were repulsed don’t have to pay that Medicare Ad- within a matter of weeks. by the special deals that came down. vantage. You know, Medicare’s being So you now feel that that same gov- They were repulsed by the idea that if cut, but you don’t if you’re a Florida ernment that brought us Cash for you live in Nebraska, if you live in senior. It’s not cut there, but in other Clunkers, a $3 billion program, is going Florida, if you live in Maine or States it is. If you’re a union guy, it’s to be able to run a $2 trillion health Vermont, you’ve got a different deal a not. But if you aren’t, you know. And care bill. different cost. then there’s North Dakota Medicare Mr. AKIN. Well, I thank you, gen- I would interrupt what I am about to payments. Hawaii hospitals are exempt tleman, for joining me today. And the say and yield to the gentleman, Mr. from the cuts. And longshoremen. I question at the beginning was is this KINGSTON. didn’t know about longshoremen. But going to be a credible theatrical per- Mr. KINGSTON. I appreciate the gen- there are, of course a bunch of these formance tomorrow or are people just tleman yielding. special deals in the program. going to tune in to the Olympics. I I was looking at the Tea Party list of Mr. KINGSTON. So special interest guess we’ll see tomorrow what’s going priorities, which they call a contract groups have clearly been on the inside to really happen, but I’m not sure from America, which you know, this is of this and their fingerprints are all there’s much new, from what we can a grassroots deal, just popped up. And over the health care bill. see about what’s being proposed from there are even different Tea Party Mr. AKIN. Yeah, exactly. That’s the the White House. groups. But they have nationally been situation. surveying their members on what their And I guess the other thing is, I f priorities are. think the American public is worried b 2045 The number one priority is to cut the about this job thing. Excessive tax- size of the Federal Government spend- ation is a big deal, because if you own HEALTH CARE ing. The number two priority, would a small business and you tax that guy The SPEAKER pro tempore (Mr. the gentleman from Iowa like to guess? really heavily, the small business OWENS). Under the Speaker’s an- The number two priority of all of these owner is not going to have any money nounced policy of January 6, 2009, the thousands of participants on a grass- to invest in new equipment or new gentleman from Iowa (Mr. KING) is rec- roots’ basis is, do not put something in plants and things, so heavy taxation on ognized for 60 minutes. the bill that doesn’t belong in the bill. a small business owner is going to be a Mr. KING of Iowa. Mr. Speaker, I ap- So as the gentleman talks about job killer. And yet, this bill on medi- preciate the privilege to address you these secret deals to the senator in Ne- cine puts a heavy, heavy tax on small here on the floor, and I appreciate the braska, the senator from Florida, the business owners. So, in that sense, it’s dialogue that came from my colleagues senator from Louisiana, people don’t a job-killing bill. the previous hour discussing this like that at all. If it’s such a great deal Mr. KINGSTON. And, you know, not health care issue that has so consumed for the good people of Nebraska, maybe to mention there will be a new tax on this Nation. it ought to go for the rest of the 49

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1829 States and maybe it doesn’t need to be Mr. AKIN. When you start talking socialized medicine bill in his hand. brokered in some smoke-filled back about what you’re saying, the Amer- They didn’t know what was going to room. ican public does not like these special happen. In the middle of the night, So what you’re saying is very impor- deals—and special deals a lot of times there was some kind of agreement that tant. It can’t be understated. If this happen in the darkness, in little dark got made. There were accommodations bill is such a great deal, why do you corners, like the kind of places where that were made. All of a sudden there need to have all of those special inter- cockroaches breed. And these special was an announcement that HARRY REID est side deals in order to get the votes deals, people aren’t real proud of them. had 60 votes and he could break the fil- from Nebraska or from Florida or from And so they’re done behind closed ibuster in the Senate and they could Louisiana? doors. They’re done when people can’t pass the socialized medicine bill. And Mr. KING of Iowa. Reclaiming my see it. And when they get all put to- what does it include? time, of course that is what it takes to gether in a great big piece of legisla- First of all, it includes a provision get the votes for a bad deal. That is tion, those special deals are rolled out that will allow for Federal funding of what the American people know, that’s in a big hurry. Hurry up and look at it abortion, and it exempted Nebraska what the Tea Party patriots know. so that we can pass it before anybody from the increased costs in Medicaid in I would go further. When you start reads it too closely because sometimes perpetuity. Now, no one should ever out and you have a good idea. Let’s say they’re disguised in little ways so you sign a document or make a pledge for it’s a stand-alone idea. What about the won’t see them. anything in perpetuity. Actually per- idea of putting an end to the lawsuit So the public, they’re starting to get petuity probably lasts longer than for- abuse in America? We’ve passed that wise to this. The idea is that if the pub- ever. legislation out of this House, and Re- lic sees more of this health care bill I yield to the gentleman from Geor- publicans were in charge, and we sent they’ll like it. No. If you see something gia. it over to the Senate, where it was that’s ugly, the more you look at it, Mr. KINGSTON. I can’t imagine what blocked in the Senate. But it was a the uglier it’s going to get. And when the HARRY REID U.S. Senate was think- clear, concise idea that makes every- you put all of these special deals in it, ing. How stupid do they think the body whole that has been actually the then people have a tendency to want to American people are? How callous can victim, perhaps, of medical mal- bring it out in a hurry and don’t bother they be to the sense of fair play? What practice. Three hundred million people, to look at it too closely. kind of almost thuggery is it when you some things are going to go wrong. It If some used car salesman says, I do that to people? It just doesn’t sound allows for them to cover all of their want you to get this car but don’t right for the taxpayers all over the health care costs, allows for someone bother to look under the hood, you’re country to have to float the bill for one who is a victim to receive their loss kind of thinking, I wonder if there is State. And as the gentleman from Mis- and income. And actually it estab- an engine under there or not. And that souri pointed out, there was also a spe- lished pain and suffering and an addi- is what’s going on. And the public is cial interest deal for Florida. tional $250,000 on top of that. And in wise, and they’re sick of this special And I think the presumption was Texas, there’s three different incre- deal kind of stuff. people are Christmas shopping, they’re ments that go to three-quarters of a And we do this in a lot of different getting ready to have their families in. million, but that’s it. ways. We’ll put two things together They’re not paying attention. Let’s Trial lawyers don’t walk away with that would never pass, and then we just push through whatever we can. pockets full of money. It’s a very sim- pass it on a regular basis. Well, a funny thing happened in Mas- ple concept that can stand alone, that I don’t mean to step on toes, but the sachusetts. They were apparently pay- the American people can look at and farm bill is an example of that. You ing attention, and I think that that has see that it isn’t a special deal. take the farm bill, and there is a farm woke up a lot of people around here. But if you put an idea out for health piece and there is all of this food stamp We have a group in the House called care and then you have to patch some- stuff, and neither one could pass on Blue Dog Democrats. I am not exactly thing else to it, and something else to their own. But you put the two to- sure what a Blue Dog is because they it, and when you get this whole toxic gether, and you can pass something. certainly vote like the yellow dog stew that I’ve talked about so many And I think the public is starting to Democrats from what I can under- times, and you still can’t sell that to stay, Time out. We’re tired of this be- stand. But I don’t think there is any get 218 votes in the House or 60 votes in cause we can’t afford it any more. distinction except there is a lot of the Senate, and you have to go out and Mr. KING of Iowa. Reclaiming my Democrats right now who are saying, get a special deal in Nebraska to get a time, I will bring this back to that, Hey, I saw what happened in Massachu- vote from the Nebraska senator and a that time they had 51 votes counted in setts, and if this bill comes back, I special deal in Florida to exempt Flor- the Senate on the health care bill. I think I am going to vote ‘‘no’’ and ida from Medicare Advantage cuts, or went back to the Midwest, and I usu- maybe make up for my ‘‘yes’’ vote pre- if you go up and you build a bunch of ally fly into Omaha. Well, Omaha, of viously. public health clinics in Vermont out of course, is a central metropolitan area Mr. AKIN. I just have a question if I that deal, or Louisiana—the list goes for the State of Nebraska. could jump in. on and on and on. And as I went in, I did a whole num- Tomorrow there is going to be this The American people know that ber of meetings around on both sides of big drama, I guess, 6-hour—maybe it when you’re buying votes with their the river, the Nebraska and the Iowa will be pretty boring. I don’t know. But taxpayer dollars, they reject that con- side, did a lot of media around there it’s supposed to be dramatic. Six hours cept, Mr. Speaker. The American peo- and took phone calls on a call-in radio of people sitting around a table talking ple know that if you have a good idea, show. And this was the day before the about this same old health care plan it should stand alone, it should be able agreement was made for the basically. to be passed on its merits and move Cornhusker kickback. And the senator And there were different people that through the House of Representatives from Nebraska was the linchpin that were chosen to go to participate in on an up-or-down vote so everybody could put together, hold together the this. And I am just wondering if you knows what’s going on. entire health care package up or down. know—I know there were a few Repub- We’re not at that point. This is a con- If the senator from Nebraska decides to licans invited, but were there any glomeration of a bill, and this is frus- pull the pin, the whole thing falls Democrats that voted ‘‘no’’ on the bill trating to me that we can’t put a good apart. that were invited to participate? Do idea out in front of the American peo- So the day before, people were call- you know of any? ple and vote up or down and go on to ing in and they understood that the Ne- Mr. KING of Iowa. Reclaiming my the next idea. braska senator held the future of this time, I can’t name a single one. I

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1830 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 haven’t looked over the list of the This is about, though, the public crit- President Obama say about this rec- Democrats but that would be quite un- icism of shutting Republicans out and onciliation nuclear option? usual. It would be unusual to see about this bill being negotiated in se- Here is what he said: Passing a bill Democrats in there negotiating a vote cret. Those are the two things that the with 51 Senate votes is an arrogant of ‘‘no’’ on the bill. I’d be very sur- President seeks to resolve tomorrow. power grab against the Founders’ in- prised if there was even a token Demo- Six hours of C–SPAN time, and then tent. That’s what President Obama crat that voted no. he’ll say, Listen, we’re doing what I said. The point is, he said that in 2005, Mr. KINGSTON. How many Demo- promised we’d do. We’re negotiating not 2010. crats did vote ‘‘no’’ in the House, do this bill out in public, and, by the way, Mr. KINGSTON. Well, I would say if you remember? It was 220. You need we’re doing it with Republicans, so who the gentleman is saying it’s an arro- 218. So there were two votes over 218. can complain? gant power grab, he certainly is accu- Mr. KING of Iowa. I would guess that Well, for me, it controls the entire rate, and that’s apparently the model was nearly 32 Democrats that voted format. that he wants to have. The gentleman ‘‘no.’’ It would be in that neighborhood Here’s the real centerpiece that I may also have quotes from Senator JOE somewhere. don’t think anybody has articulated at BIDEN, who denounced using this nu- Mr. KINGSTON. You would think this point yet. clear option, as well as HARRY REID. they would probably have something to The President of the United States, When they were in the minority, I say at the White House. They would be as Senator Obama and as candidate for think they were right. When we were in a little more moderate and have some President, said to the Iranians, If you the majority, I think we were wrong. I good productive contribution to make. just simply unclench your fist, we will don’t think you should do that. I think Mr. KING of Iowa. Wouldn’t you want offer our hand. We will negotiate with that it is a desperation thing. And if to know what their objections are? I the people that we have been at odds you can’t get the requisite number of would think that would be important. with since 1979, the Iranians and votes, maybe you need to start all over BART STUPAK on the pro-life amend- Ahmadinejad—with no preconditions on the legislation. But you do have ment worked very closely with SMITH whatsoever—and offer an open hand to very strong, unequivocal statements by and Pennsylvania Representative JOE the guy with the clenched fist. Senator Obama, candidate Obama, Sen- PITTS. They worked very hard to pass, And yet the President of the United ator REID, Senator BIDEN and yet total and they received 64 votes on a pro-life States refuses to come to the negoti- hypocrisy, that’s what it is, is hypoc- amendment to that. ating table with Republicans with a risy at this point. I understand that BART STUPAK is blank slate. The President has insisted The gentleman was talking about not on this negotiation either. And and demanded upon preconditions. He needing Republican votes. They do not what we’re seeing come out and what has to have his conditions of his bill need a Republican vote to stop any- came out of the Senate, it looks to me that has failed, his concepts that have thing or to pass anything. It’s not just like the package that’s there—there’s failed. And he also puts out there the with this $950 billion health care bill; going to be a bill that still funds abor- threat that they have been putting to- they could pass a jobs bill without a tion and compels Americans to fund gether behind closed doors, too, of rec- Republican vote. abortions through their premiums in onciliation. Reconciliation is what They could pass the tax-and-trade one fashion or another, or brokers President Obama and others called bill without it. They could get out of them through an exchange, and also ‘‘the nuclear option’’ when it was Re- Iraq or Afghanistan without a single one that funds illegals. And those are publicans looking at a 51-vote oppor- Republican vote. They could have en- two things that are completely egre- tunity on the other side of the aisle. ergy independence without a Repub- gious to me, to think we compel tax- lican vote. They could pass that card 2100 payers to do that. b check, that special interest bill for Mr. AKIN. I got another question for In fact, this is posted today on the unions, without a Republican vote. you. Web site, biggovernment.com. This is a Why aren’t they doing it? I just think After tomorrow, after this 6 hours of statement of our President, and we that they had no idea that America drama, do you think people are going think about reconciliation. This is was not asleep at the wheel. They to say that you and I and my good what blows things up in the Senate. found out in Massachusetts, and friend Congressman KINGSTON, do you This is the nuclear option. This is how they’re scared to death, hey, this think they’re going to say that we’re they would circumvent the anticipated might not be an isolated election. So obstructionists? I am trying to figure and very legitimate legislative process we are seeing a lot of backpedaling out—I wish it were true that we could by taking a Senate version of the bill right now. It’s hilarious when you see be obstructionists, because if we were that sits over here on the calendar of some of these people, like the Senator obstructionists, that meant if we vote the House, pass amendments to the from Nebraska who had the special in- ‘‘no,’’ it would stop the bill. But they Senate version of the bill in the Senate terest deal on the health care bill. have got 40 more votes than we do, so called a reconciliation package, then Now, he is all over this jobs bill. Oh, how in the world could we be obstruc- both bills would be here on our cal- too much spending. You’ve got a $950 tionists? endar. billion health care bill which he sup- I need some help on that because the Then the House, under the direction ports and a $15 billion jobs bill that he logic seems to be very hard for me to of Speaker PELOSI, would take up the is against because of the spending. grasp. fixes that the House Members have in- Only in this town. Mr. KING of Iowa. There are a lot of sisted on which is called the reconcili- Mr. KING of Iowa. Let me suggest to things that get spun around this thing, ation package, pass it first, and then the gentleman from Georgia that the as you know in this town. It’s been, Re- pass the Senate version of the bill, problem is, no, Republicans can’t stop publicans are blocking the bill. We message them both to the White House anything that Democrats decide they have no capability of doing that, obvi- where the President would sign them want to get together and vote for be- ously, not from a vote-count stand- in the proper sequence, one bill amend- cause of the margin of 40 votes to burn point, when the Speaker of the House ing the first bill. Then this would be, as here in the House, 19 in the Senate. has 40 votes to burn, a 40-vote advan- far as I know, the first time in history But the problem is, Democrats can’t tage, and they’re sitting behind closed that the White House has replaced a le- agree among Democrats on what they doors cooking up a closed-door deal. gitimate conference committee, which want to push for policy. If they can’t They can’t get enough Democrats to would be the Members of the House and find the votes among all of these extra pass 218 votes here. I don’t think today the Senate, Democrats and Repub- Democrats that there are and they still they can bring a bill to the floor and licans, having an open dialogue about point their finger back over at Repub- get it passed. resolving the differences. And what did licans and say, you guys, you wouldn’t

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1831 vote for the stimulus package, you indeed there is supposed to be a copy of one occasion have I seen a television won’t support a health care, most of us the bill on the floor. So he comes back camera in the room. They control what wouldn’t support that abysmal cap and a couple of minutes later and says, I’ve gets debated here on the floor and what tax, that cap and trade bill that, by the been wandering around the Chamber is voted on on the floor. The last time way, passed off the floor of this House. and I’m having trouble finding it. Is it we had a legitimate open rule on our A bill that didn’t exist passed off the north, south, east or west or something appropriations process was in the floor of the House of Representatives like that. Pretty soon the Speaker spring of 2007. That was when Speaker and a bill that didn’t exist was mes- starts laughing and we go back and PELOSI first came in and got the gavel saged to the United States Senate. forth about four times in a row. Fi- before this draconian shutdown of the That’s another part of this component. nally he says, I’ve come up to the po- open debate process. Mr. KINGSTON. If the gentleman dium, and the place where you say In that spring period of time through will yield quickly, a bill that was still there is a copy of the bill there isn’t the appropriations process, I was suc- being amended at 3:30 a.m. before we because the Clerk is still trying to cessful in getting passed—not those I started debating it at 9 a.m. in the stick 300 pages of amendments in this introduced—but those that actually morning, a bill which you could say bill. So here we are passing a bill that passed this floor, nine amendments. As truthfully in your heart of hearts be- doesn’t even exist. far as I know, that’s the most amend- lieve that not one single Member in the And the funny thing was—I guess it ments of any Member of Congress dur- United States House of Representatives wasn’t funny—the public was paying ing that period of time. had read. attention. They understood that we Yet I have taken dozens of amend- Mr. KING of Iowa. To the gentleman, passed a massive tax increase on en- ments up to the Rules Committee and in fact, I can say that with a factual ergy that’s affecting very many small submitted them, and I can’t think of a knowledge, and I don’t have to ask any people who have to pay that power bill. single one that they ever allowed to be of the 435 Members, did you read this Everybody who flips a light switch is debated. That process has to change. bill, because I was here on the floor going to get taxed, along with a mas- That’s got to be out in the open. We that night when we suspended the de- sive amount of red tape. And it was need the Rules Committee on tele- bate for 35 minutes to resolve, where is done, they thought, in the secret and in vision, out front, meeting in a pub- the bill? I mean, sometimes they will the dark of night. But the public was lished hour so that they can be say to us, you don’t have any ideas, paying attention, and, in my opinion, watched by the press and the public where are your bills? that started a lot of that Tea Party and then, additionally, while we are We have a lot of bills. We have 40 movement, that very event that we ac- here watching what goes on with the some bills that we’ve filed on health tually were standing here on the floor rules and the shutdown of what’s going care. But we said, where is the bill that for. on, we need more sunlight. we are debating? This is actually LOUIE Mr. KINGSTON. Let me just ask both Mr. KINGSTON. If the gentleman GOHMERT from Texas that deserves a of you, should Republicans take over would yield, I want to tell you one of lot of credit, and JOE BARTON also was this House, would you be willing to my rules experiences at the Rules Com- very good on that night. So we looked change the House rules to say any bill mittee. Now, remember, the Rules down here at the well. The bill didn’t has to be posted online at least 72 Committee, when the bill is passed by, exist. There was an old bill. There was hours before it’s voted on; would you an amendment that had never been in- say, the Agriculture or the Education support that? tegrated. Actually, even the amend- or the Energy Committee, it goes to Mr. AKIN. I would support that in a ment wasn’t here. It wasn’t findable. the Rules Committee and they deter- So what was going on was we were heartbeat. If you’re not proud enough mine how long it’s going to be debated debating a bill that didn’t exist, so it of it to put it out there, then you and what amendments will be allowed was impossible for anyone to have read shouldn’t be sticking it out there at and what amendments won’t be al- a bill that didn’t exist. That bill was all. lowed. That’s why they’re called rules. then passed and messaged to the Mr. KING of Iowa. Not only would I Four hundred thirty-five Members, United States Senate. A bill that didn’t support that, but I would go further, you’ve got to have rules, strict rules, exist was passed and messaged to the and I would have a lot more bills come or you won’t get anything done. Senate, so no one read the bill. down here under an open rule. I would I was going to the Rules Committee. I yield to the gentleman from Mis- sign the pledge and the oath that every I had submitted an amendment, and I souri. appropriations bill would be open rule. was waiting my turn to present my Mr. AKIN. The funny thing is, a num- Mr. KINGSTON. I am an appropri- amendment to the Rules Committee ber of us have served in legislative bod- ator, and I can tell you, generally all for their consideration. And a staffer ies for a number of years. One of the appropriation bills have been open rule. wrote me an e-mail and said, Your rules has always been the public never There have been a few rare occasions amendment has been rejected. Do you pays any attention to the process of when we were in the majority that we still want to sit in here and present it? how we go about passing legislation. had maybe a modified rule or a closed I said, Well, how could it be rejected? You can complain about different stuff rule, but traditionally open rules were I haven’t presented it and until I like we had a bill that was done here, always the case on appropriations bills. present it they can’t reject it. where we had a choice of voting for ei- When all else failed, at least there were And my staffer said, I have some in- ther a big tax increase or voting for a appropriation bills to allow the minor- side information. I’ve got a friend on cost of living and we had to take a ity party an opportunity to put in the majority. Your amendment is not choice between the two. The process or some amendments. on the list. the procedure there is unfair. Anyway, But the iron hand of the oppressive I said, Well, what list? we got this bill here, 300 pages of majority has closed down that system. The list of amendments they’re going amendments passed at 3 o’clock in the It’s not about Republicans versus to allow. morning, and we’re here on the floor. Democrats; it’s about 435 people who I said, Well, this is just a total farce. The Congressman from Texas, he has have been elected by 600,000 people to You have Members of Congress sitting sort of the sense of humor of Eeyore, represent their views in their Nation’s in a crowded room waiting their turn and he just asks in this plaintive kind capital. to present an amendment, and the of way, is it normal procedure that we Mr. KING of Iowa. Another thing Rules Committee behind closed doors have a copy of the bill on the floor that happens around this town is the had already decided which ones they when we are going to be debating a hole in the wall gang, the Rules Com- were going to take and not take. bill? mittee, sits up here on the third floor Mr. KING of Iowa. Because they got a There is muttering and talking to in a place where you very seldom see list from the Speaker as to what the Parliamentarian and he says yes, any press from the room. And only on amendments to approve and which ones

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1832 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 not to approve. And on this health care on it. It had some Republicans against be passed. We need to do it with tort bill, this monstrosity here, I was before it, some Republicans for it, and the reform in a real way that takes the the Rules Committee at 1:30 in the thing passed. money out of the pockets of the trial morning, I offered 13 separate amend- b 2115 lawyers as opposed to taking it out of ments, to ask to be able to debate them the pockets of our senior citizens. and get a vote on to approve this Oh, hey, what about doing that on ev- The gentleman from Missouri. health care bill. And I was chastised by erything else about health care? Mr. AKIN. It seems like, to me, what members of the Rules Committee be- Wouldn’t that be an interesting experi- you’re talking about is, in a way you cause I had wasted paper and staff time ment in democracy? are defining something that’s bipar- to have them drafted up, because I Mr. KING of Iowa. Well, I hope, as I tisan, where people in good faith come should have known, as the gentleman reclaim, that what we see tomorrow is to the table, they all have some ideas, from Georgia apparently should have more than a dog and pony show. I hope they talk about them and say, Well, I known, that they weren’t going to it’s not just a show that’s designed to don’t like this part of your idea, and allow these amendments, so why resolve the two things that seem to be they say, Well, I don’t like this part. should I try. giving Democrats and the President Well, what part can we all agree to and But any Congress that can pass a bill heartburn, which are the very legiti- put together? that doesn’t exist, debate a bill that mate point that they have shut Repub- Now, my understanding is the way doesn’t exist here, pass a bill that licans out of the process and the very the President is defining bipartisanship doesn’t exist here, and message that legitimate point that the President has tomorrow is that what he’s going to do bill to the United States Senate, I sup- promised that negotiations will take is go behind closed doors, come up with pose can also put out a list and say, place on C–SPAN. That seems to be a legislative product, then give the Re- we’re going to reject the amendment what is going to be presented tomor- publicans the chance to agree with that you never offered in advance. row. him. And Republicans aren’t allowed to Another thing that happens in this But I’m going to say again, the re- bring anything they have in, but he has Congress—and it happened on this floor quirement of preconditions that the something that he has concocted. He’s today—is committee action. And the President wants to negotiate from his going to kind of spring it on them and committee action that goes on is de- position—and by the way, he doesn’t say, Now are you going to go along signed to take this language apart, have a bill yet that I know of. He just with me? take a look at it, examine the rami- has platitudes and bullet points that Is that your concept of bipartisan- fications, hold hearings, get educated, are out there. But to start with his ship? evaluate the impact of legislation and platitudes and bullet points—and Mr. KING of Iowa. You know, I think then bring that legislation through the maybe we’ll be guessing at the amor- they have been sitting up behind closed committee and amend it and perfect phous combination of the Senate and doors cooking up this reconciliation/ the legislation when you have a debate the House version of this, that all nuclear option. They’ve been doing this where you can focus it with people that needs to go off of the table, and this for over a month. Senator HARKIN an- are experts on the subject matter. threat of reconciliation, the nuclear nounced, after SCOTT BROWN won the The legislation that came through option needs to be renounced and reelection in Massachusetts—again, today on this insurance across State jected by the President of the United thank you, Massachusetts, Mr. Speak- lines political bill that came to the States. er—announced that they had already floor, had been amended in the Judici- I would be just as happy if he would reached an agreement within a couple ary Committee with an amendment by just read his 2005 statement verbatim of days before SCOTT BROWN was elect- DAN LUNGREN, passed by a majority of tomorrow. He should start out the ed in Massachusetts. This is a continu- members, Republicans and Democrats meeting and say, Well, all in good ation of it, and the strategy was what voting for the Lungren amendment. faith, I want to talk about health care I’ve described with reconciliation/nu- The bill passed out of the Judiciary with you on C–SPAN. I know I made a clear option. Committee, and on its way to the campaign oath. It probably wasn’t the So, yes, they have worked behind Rules Committee it magically became best promise, but it was good political closed doors. They are operating in se- a different bill without the Lungren leverage and good theater at the time, cret, and they have cooked up this and amendment language in the bill. That’s so I’m going to try to follow through they are going to say take it or leave what we voted on on the motion to re- on that so that I can resolve some of it. commit today. the criticism. And by the way, I know Mr. AKIN. Is that bipartisanship or is So we have committee action that’s a we’ve shut you Republicans out of this that ramming full speed ahead? That’s farce, as well as the Rules Committee thing. We’ve done so since clear back what it seems like to me. which is a farce, as well as the debate last September, but I’m going to open Mr. KING of Iowa. Well, it’s truly not here on the floor of the House, which is this up at least so we can have the bipartisanship; it’s only the show of bi- a farce, when we are debating a bill semblance of negotiations take place, partisanship designed for two things: that doesn’t exist. That’s just three and to demonstrate my good faith—and so they can say, Well, we’ve negotiated egregious things that need to change in then read from the 2005 statement. with Republicans on C–SPAN. We a Republican-run Congress. I will stand Then the President should say, didn’t shut them out. That’s really it. to change all of those with anybody ‘‘Passing a bill with 51 Senate votes is The gentleman from Georgia. else that will stand with me. an arrogant power grab against the Mr. KINGSTON. You know, the Mr. KINGSTON. You know what’s in- Founders’ intent.’’ That’s what the amazing thing is, I was in the State teresting about that bill, though, is President should say tomorrow. That’s legislature, and we had, out of 180 dispute that strange route that it went actually what the President said in members, 26 Republicans, and yet the for the strange product that wasn’t 2005. That would demonstrate good philosophies were still reflective of the passed by the committee, we still had a faith. And then we would have a blank State of Georgia. You could roughly decent debate on it and passed the bill. slate, a blank piece of paper, however say one-third of the people were fairly The importance of that is if you want you want to characterize it, except Re- liberal, one-third of the people were open debate on health care, we now publicans have their package bill. I’m fairly conservative, and then another have an example that shows, hey, you suggesting we should concede that too. third were either right of center or left know what, it works. This was a health Slide that off the side of the table, of center. And so you had to have the insurance related piece of legislation. really start with a blank slate, and legislative deliberations to get a bill in We had an open debate on it. It didn’t then bring up, as the gentleman from order to get, for the Georgia House, 91 have special deals for Nebraska or Lou- Georgia said, a stand-alone idea can be votes to pass something. So I assumed isiana. It did not have a big price tag debated and it be perfected and it can that Congress would be the same way,

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1833 where you would have some people of anyone that actually believes that. But one-third of the private sector from really safe hard left, hard right A strong left-wing President standing profits, and now we are looking at an- districts, and then people maybe from with the Speaker of the House from other 17 percent of our economy na- more swing districts where it’s reflec- San Francisco, HARRY REID from Las tionalized. That takes, at 33 percent, tive of the American people, but every Vegas, those three are the ruling troi- you add it up and you’re at 50 percent, bill would have the mark of both par- ka in America. right there at half. ties on it. And I said before Mr. Obama was But the important thing, the part I was shocked when I came here and elected President that the three of that seems to be missed in the dialogue saw that it’s full speed ahead with the them could go into a phone booth and of this debate is, when the government majority party. I think that’s why, do what they would to America—and nationalizes and takes over the private when we took over the House in the they wouldn’t have to ask any Repub- sector economy, which they have done, 104th Congress, we had open rules. And licans for sure—and the only thing and they want to take over the health you know what, we strayed from that. they would have to do is be able to care and take over the management of That was one reason the people threw verify that they could produce the everybody’s health care in America, us out and put the Democrats in. But votes within their own Democrat Party this unique thing happens. When we now they’ve seen the Democrats, and to pass any bill. And what happened? look back to 1973, the decision of Roe v. they are sick and tired of this partisan Just what I said, essentially. The rul- Wade, and since that time when the stuff. They do want open debate on C– ing troika cooked up a bill. They just Supreme Court made their ruling— SPAN and amendments. couldn’t agree in the House and the which I think is not grounded in the So you know what would really be Senate and they had trouble finding Constitution and I reject the rationale nice? If Mr. AKIN offers an amendment enough Democrats to get it to pass. of Roe v. Wade—we have continually and I vote against it and you vote for Now they come back to Republicans. heard every year since then, people on it—and it’s okay to vote against your I would remind the Speaker of this, this side of the aisle primarily, a few party members. And maybe you prefer Mr. Speaker, and that is, Thomas Jef- on this side of the aisle, say the gov- a Democrat one. But you know, once ferson’s quote, when he said, ‘‘Large ernment has no business telling a you understand something, you have initiatives should not be advanced on woman what she can and can’t do with the opportunity to debate it, as we did slender majorities.’’ This is a large ini- her body. That is not the government’s today, you get a better bipartisan prod- tiative and it should never be advanced business. That is between the woman uct. on slender majorities. It should be and her doctor and her priest. It is not And so today, I don’t know if the something that is debated and delib- anybody else’s business. No one can Speaker is in town, but perhaps she erated and perfected in a legitimate tell a woman what to do with her body. saw that and said, Oh, my goodness, so process, not a partisan process, which That is what I heard from these folks this is the way democracy works? the committee markup actually was. over here mostly since 1973. Now the same people, the same Maybe we should do this on another The gentleman from Missouri. voices are saying government should dozen bills and cobble together a col- Mr. AKIN. Gentleman, this is my tell everybody what they can and can’t lection of health care reforms. Because 22nd year—I hate to admit it—in an do with their body. Government should it seems to me somewhere in the town elected office, and I have seen 22 years’ take over and nationalize everybody’s meetings that’s what people were say- worth of bills, 12 in the Missouri legis- bodies, our health care, and determine ing; fix what’s broken. Don’t throw out lature, and this is my 10th year here. I whether our health insurance is the the entire system. And if you did some have never seen a bill like this that is one that they will approve; determine one-shot bills, you could have targeted going to affect so many different what tests we get at what age; what Americans so profoundly. This is larger health care reform without some $950 age you get a mammogram; how long than anything we’ve dealt with before. billion government takeover of health you’re going to wait for a hip replace- And I know there are a number of us care. ment or a knee replacement; the gov- Mr. KING of Iowa. Well, reclaiming that believe that if this bill were to ernment taxing the nondiet pop to try my time, I would label the gentleman pass the way it stands now, not only to tell you don’t buy anything or eat from Georgia as not necessarily right would it destroy health care in Amer- anything or drink anything but diet or left or center, but perhaps an opti- ica, it would destroy our budget and pop; the government punishing trans mist on the grounds that the Speaker would be tremendously detrimental to fats so that we can have a healthier has been around here for a long time, the lives of Americans from coast to diet, managing our diet, managing our and she surely would have seen this coast. This is a very big deal and it is health care. They’ve done everything over and over and over again over the right for the American people to be except promise to run us across the last 20 or more years that I believe she very exercised about it. scales, check our body fat index and has been here. So I actually don’t Mr. KING of Iowa. Reclaiming my tax us for our fat and tax us for failing think that it is about trying to arrive time, I will make another point of this to exercise. at a means to get Democrat and Repub- that I think has been completely un- They already tax about every sin lican votes. I think it’s about trying to derstated—if stated at all, Mr. Speak- that you can put in your body by try- move a hard-core left-wing agenda. er—here in the House of Representa- ing to control our behavior. This nanny The President has said he is for sin- tives or across the dialogue of this state is wanting to fund the takeover gle payer. The Speaker is for single land, and that is this: This President of the private sector, our bodies. They payer. HARRY REID is for single payer. and this administration participated want to do this, and it is the most pri- That’s all socialized medicine. That’s with—the beginnings of this during the vate thing we have, the Federal Gov- government-run health care. Now it’s a Bush administration—the nationaliza- ernment taking over our bodies. The matter of—it isn’t necessarily, in my tion of a huge chunk of our private sec- very people that said that the govern- view, what’s right or wrong with the tor. We have seen three large investment has no business telling a woman way they’re looking at this. ment banks nationalized: Fannie Mae what she can do with her body, they I had said before the election—a year and Freddie Mac, General Motors, want to tell everybody in America ago last November—if we elect Presi- Chrysler, AIG. what we can and can’t do with our bod- dent Obama, the most liberal President According to The Wall Street Jour- ies. in American history, the most liberal nal last August, they printed that one- Gentleman. Senator in the United States Senate, if third of the private sector profits had Mr. AKIN. There just doesn’t seem to we elect him, with a strong ideology— been nationalized, and most of it by be a lot of consistency there, does it? and by the way, he told us in Balti- the Obama administration, depending We’ve got 36 States that have legisla- more, the President said, I am not an on how you actually pick the dates tion they’re considering trying to pro- ideologue, I am not, but I am not aware that it is declared to be nationalized. tect their citizens from us demanding

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1834 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 that those citizens have to buy the want to do that. They just want to na- vide you with food and with clothing government-approved package of tionalize the Fortune 500 companies and with a place to live. That was the health care. I mean, there are a whole and anything else that’s in their way. job of the government to do those lot of people fighting back, and they’re So they say this is the difference. So things. We watched that country. It sick of the nanny state telling people we’re not Communists; we’re Social- was a big country. After a while, it col- what to do. ists. We do want to nationalize the lapsed. It wasn’t just the U.S.—It was I think, gentleman, when you talk Fortune 500 companies, and we also the USSR. about the Federal Government taking want to nationalize the oil refinery in- Aside from the fact that they just things over, what I have seen in the dustry and the energy industry in hated people of the Christian faith, last year seems to me to be three nets America. We want to take that all aside from that sort of prejudice, that that are being tossed over our econ- over, and we want to manage these cor- was their operating philosophy—that omy. porations ‘‘for the benefit of the people the government was going to provide The first net is the net that govern- affected by them.’’ things that were necessary for your ment is going to make all the decisions Now, I read that, and I might have survival. You’ve got to have food to about energy. And energy is a key com- been a little blurry-eyed because I survive, so the government is going to ponent of almost everything, so the thought: Let’s see. You’d run a res- give it to you. You’ve got to have government wants to regulate in all taurant for the benefit of the cus- health care, so the government is going kinds of very fine ways the use of en- tomers. That wouldn’t be profit-based. to give it to you. You have to have edu- ergy. You’d run a bar the same way. Oh, you cation, so the government is going to The second net says we are going to can’t benefit people by serving them a give it to you. That was their oper- control all of health care. Now, that af- lot of drinks because they might hurt ating premise. We sat there, as I was a fects everybody because everybody has themselves or somebody else. young man, and we went ‘‘yuk, yuk, a body. No. Really what it is is the benefit of yuk’’ when the whole thing fell apart, And the third one, which has not re- the people affected by them will be the because we knew it was a dumb idea. ceived a lot of attention but is equally trade unions. They’d run the corpora- So what are we doing in America insidious, is that the government is tions for the purposes of creating jobs here under the Pelosi and Obama lead- going to throw a net over all financial for trade unions to work in there, and ership? The government is not only transactions. In fact, the bill that was they’d put the unions into the manage- providing education and housing, but proposed would allow the government ment of the companies. That’s what now they’re going to jump into expand- to determine the salary of a teller in a they say at dsausa.org, Democratic So- ing to take over all of health care, and bank. cialists of America. they are going to tell you where to So when you put a net over energy, a So then I read further, and it reads, work. net over health care, a net over finan- Yes, we are Socialists. We’re not Com- I guess my question is: How come we cial transactions, talk about Big munists, remember. We’re Socialists, are doing the same thing we knew that Brother looking over your shoulder. No but we don’t run anybody, any can- wouldn’t work before? I think that’s wonder people are exercised. didates, on our banner. We don’t have a what a lot of American citizens are party that advances candidates to go saying. Time out. What is going on? We b 2130 on the ballot, because our legislative need not just to get the budget in con- Mr. KING of Iowa. In reclaiming my arm is the Progressives, the Progres- trol. We need to deconstruct Wash- time from the gentleman from Mis- sive Caucus in the United States Con- ington, D.C., and we need to remove souri, it causes me to think about what gress. them as a threat to the freedom of this I have talked about for some time here If you go to their Web site—and country. on the floor, and I’ll see if I have the they’re quite proud of this, and they Mr. KING of Iowa. In reclaiming my notes on this. I can also speak from put a poster up over here on a fairly time, I have a remark to the gen- memory, however. I have long talked regular basis—there are 78 of them list- tleman: about the Democratic Socialists of ed. There are 77 House Members who Free enterprise capitalism is what America and their Web site. It seems as are proud Progressives, and the one defeated the Soviet Union and is what though Americans just don’t seem to other is BERNIE SANDERS, the Senator ended the Cold War, because our econ- want to take a look at what’s going on from Vermont, who is a proud Social- omy could outproduce their economy, at dsausa.org. ist. He is a Socialist. He is a Progres- and they eventually collapsed. I don’t I got to wondering on one of my sive. He is on the list with the others. know why we are trying to emulate nights that I wasn’t sleeping very well. The Socialists say the Progressives them. I guess it was bothering me that the are Socialists. I don’t hear the Progres- I have a very brief question to the liberals are deconstructing our Con- sives saying they are not Socialists. gentleman from Missouri before I yield stitution, so I was doing a little re- I’m going to take all their word for it. to the gentleman from Georgia, which search to figure out what they were They are Socialists, and their agenda is is: In the Akin household, when you thinking. the same agenda that has been ad- serve breakfast to those kids growing I went to their Web site, the Socialist vanced on the Socialist Web site, and up down there, to that whole conserv- Web site, and I just typed in ‘‘Social- we hear it on a regular basis here, and ative family, do you serve them grits ists in America,’’ dsausa.org. What I the agenda that is being advanced by on a regular basis, or do you not? came up with was this Web site that the President of the United States is Mr. AKIN. Well, you know, now, said, Here is what we want to do. At an agenda that, for all the world, looks when you get to the State of Missouri, first, the definition in there says, We like the one I read on the Progressive that’s one of those things that just are Socialists. We are not Communists. Web site and that I read on the Social- kind of depends. Now, I always want to trust those ists Web site. Mr. KING of Iowa. Am I going to people who start out their introductory I yield to the gentleman from Mis- have to go down there and have you paragraphs with ‘‘I am not a Com- souri before I yield to the gentleman show me? munist.’’ Okay. Well, tell me why from Georgia. Mr. AKIN. Yes. We’re going to have you’re not. Now I’m really interested, Mr. AKIN. You know, it was inter- to do some showing down in the State and I’m not actually sure after I read esting to me that there was a coun- of Missouri. We’re not too bad on oat- it. try—it was the U.S.—and they had a meal, but I’ll tell you what is some- Well, Communists, they say, want to theory. Their theory was that the gov- thing, I think, of a little bit of New nationalize everything right down to ernment should provide you with a job, England that I would want to rec- the butcher, the baker, and the candle- with an education. They should provide ommend, and that is that you’d get stick maker. Socialists really don’t you with health care. They should pro- that cornbread and put maple syrup on

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1835 top of it and then homemade apple way of health insurance that they setts. We’ve got the ball. We’re playing sauce over the top. I’d even stack that could buy. offense. They’re playing defense. This up against grits in spite of what my The third thing is to stimulate the is the best that they can come up good friend from Georgia might say. States to set up high-risk pools to with—allowing the President of the Mr. KING of Iowa. Well, I’ll reclaim cover those people who are uninsur- United States to set conditions on the my time, and yield to the man who able. negotiations by which we are going to does have grits for breakfast, the doc- The fourth thing is to have tax fair- consider his defeated bill, to which 47 tor from Georgia, Mr. BROUN. ness for everybody so that everybody percent of the people say scrap it and Mr. BROUN of Georgia. Thank you, could deduct 100 percent of all their start over, to which 23 percent of the Mr. KING. I appreciate your yielding. health care expenses. We don’t have people say just throw it out and do I think the American people need to that today. nothing—don’t start over—and to know that socialism never has worked, In fact, last night, I led the Doctors which about a quarter of the people never will work, and we’ve got people Caucus discussion about health care. say, We’ll pass the President’s bill. here in Washington who are so arro- Just following us, the Democrats came Well, that’s how far down he is when 25 gant, so ignorant, so incompetent that to the floor, and they were talking percent of the American people think they will think that their brand of so- about a bill that passed the House that might be a good idea. cialism is going to work, but it will today. It’s a big insurance company So I think that we need to under- not. It never has worked. It never will protection bill, is actually what it is. stand that this is about the show. It’s work. I don’t care who is trying to BETSY MARKEY from Colorado, a Demo- not about getting anything negotiated. force socialism upon our people; it’s crat, said she has had a small business, But if it were, I’d do tort reform. still not going to work. and she was remarking, as to her small The gentleman from Missouri. In fact, the Progressives, as Mr. KING business in Colorado, that she only has Mr. AKIN. That’s what we called it was talking about recently, said way two choices of buying health insurance, during the last hour. We called it ‘‘Po- back years ago with Theodore Roo- and that she would like to see her em- litical Drama.’’ sevelt, who was the first Progressive ployees be able to get insurance across You know, there isn’t anything, first and started the Progressive movement State lines. I’ve had Democrat after of all, that the Republicans can do that here in this country—the Progressives Democrat tell me they’d like to intro- could block his bill. The problem he back a century ago were saying, The duce this bill, but they said that their has got is he doesn’t even have enough best way to socialize America would be leadership would punish them if they Democrats who want to do this thing, to socialize the health care system. were to introduce it and promote it. so he is trying to drum up, as you say, They have been trying for 100 years JOHN SHADEGG, CHARLIE DENT and I, support for this thing to make it look now to socialize the health care sys- all Republicans from different parts of like there are people who are sup- tem. this country, wrote an op-ed that was porting it. Yet he goes behind closed We have a sham of a meeting tomor- published in The Washington Times to doors, puts some deal together, comes row at the Blair House that the White challenge Democrats to introduce that out, and says, Now are you going to House has set up. When it was first an- bill. If we were to have it on the agenda agree with it? nounced, I was very hopeful that tomorrow, we could introduce that bill. There is nothing bipartisan about maybe the President had seen the light The Democrats could take control of it that. It’s just a scam. I just don’t think from everything that the American and could claim the bill as theirs. the American people are going to buy people had been saying, in that they Mr. KING of Iowa. In briefly reclaim- it. don’t want to have the government ing my time, to the gentleman from Mr. KING of Iowa. In reclaiming my take over the health care system. Georgia, I’d make the point that, as to time, in addition to this reconciliation Maybe he was beginning to see the what’s going on tomorrow that you re- package is the, figuratively, gun to the light and reach out a hand to try to ferred to as a dog-and-pony show, I head of Republicans. They’ve been work with us as Republicans. I’m a don’t take issue with that statement. cleaning their gun all weekend and medical doctor, and I was hopeful that I just think that the American people spinning the cylinder. They’ll put it to my input and even my health care re- need to know that this isn’t a negotia- our heads tomorrow, and they’ll say, form bill, H.R. 3889, which is a com- tion taking place tomorrow. This is We have cooked up this reconciliation prehensive health care and financial about putting up the front and the package. We’ve got our deal. reform bill, which totally looks at the show that there will be C–SPAN discus- They’re going to think we believe private sector, would maybe be consid- sions taking place and that there will they have the votes. ered. be Republicans in the room. They’ll put that gun to our heads, No, that’s not what the White House By the way, there hasn’t been any and they’ll say, Now, you can either wants to do. In fact, they’ve stacked dialogue on our part about the dynam- accept the terms we’re going to offer at the deck, actually, the final chapter of ics of what happens with the faces of the Blair House tomorrow or we’re this whole sham—of the ruse, of the the Democrats who will be in the room going to drop the hammer and go with dog-and-pony show—that’s going to or whose job it will be to enhance the the nuclear option and try to push this occur tomorrow. image of the President of the United thing through the Senate. Now, I’ve challenged Democrats indi- States. This is the President’s image. I don’t think they’ve got the votes in vidually—in fact, many of them—to in- He has lost his mojo, and he cannot get the House to do it. I don’t think troduce a bill that would do four things it back by simply continuing to work they’ve got the votes in the Senate to which are totally market-based, which in the backroom with Democrats. do it. I will say, Mr. Speaker, if they would give patients many options and That’s how he lost it in the first place. try to move that, they’re going to be which would literally lower the cost of So the President can’t get his juice looking at a whole stack of amend- health insurance for every American. back. He can’t get his mojo back unless ments in the Senate that will take an Four things. he gets Republicans in the room—and awful long time, with more exposure on One is to have cross-State purchasing he has got to have some of them either the Senate votes than there will be at for businesses and individuals so that looking silly or nodding their heads, the Blair House tomorrow. people could go out and buy their one of the two—and I’m going to sug- The gentleman from Georgia. health insurance anywhere in this gest going cheek-to-cheek with the Mr. BROUN of Georgia. Thank you. country. President of the United States after I believe the American people know The second thing is to develop an as- we’ve come all of this way. what’s going on up here, and they’re sociation pool so that people could join The American people have won the going to say ‘‘no’’ to ObamaCare. The an association and could have a choice debate, and we are with them. We’ve American people have already spoken. of one or more multiple products in the now recovered the fumble in Massachu- They’re going to say ‘‘no’’ to all of this

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1836 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 sham, this secrecy, this putting things extend their remarks and include ex- p.m.), the House adjourned until to- together with just a few people who traneous material:) morrow, Thursday, February 25, 2010, won’t let Democrats or Republicans be Mr. POE of Texas, for 5 minutes, at 10 a.m. engaged in setting things up. It’s all a March 3. f show. It’s a joke. It’s a bunch of clowns Mr. JONES, for 5 minutes, March 3. EXECUTIVE COMMUNICATIONS, who are just trying to make something Mr. TIM MURPHY of Pennsylvania, for ETC. look different than it is. It is nothing 5 minutes, today. but trying to ramrod a health care Mr. YOUNG of Florida, for 5 minutes, Under clause 2 of rule XXIV, execu- takeover by the Federal Government, today. tive communications were taken from by this administration, and by the Mr. LEWIS of California, for 5 min- the Speaker’s table and referred as fol- leadership. utes, today. lows: The American people need to stand Mr. KINGSTON, for 5 minutes, today. 6192. A letter from the Director, Regu- up and tell their Congressmen, their Mr. THOMPSON of Pennsylvania, for 5 latory Management Division, Environmental Senators ‘‘no’’ to this sham, ‘‘no’’ to minutes, today. Protection Agency, transmitting the Agen- cy’s final rule — 2-propenoic acid, butyl ObamaCare—and we can defeat it. I en- Mr. SHUSTER, for 5 minutes, today. ester, polymer with ethenylbenzene, methyl courage people all over this country to Mr. MORAN of Kansas, for 5 minutes, 2-methyl-2-propenoate and 2-propenoic acid; start calling first thing in the morning, March 3. Tolerance Exemption [EPA-HQ-OPP-2009- Mr. Speaker, every Congressmen in Mr. FRELINGHUYSEN, for 5 minutes, 0691; FRL-8800-6] received December 15, 2009, this Congress and every Senator and today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- say ‘‘no’’ to this sham, ‘‘no’’ to (The following Members (at their own mittee on Agriculture. ObamaCare and ‘‘no’’ to a government request) to revise and extend their re- 6193. A letter from the Director, Regu- takeover of the health care system. My marks and include extraneous mate- latory Management Division, Environmental patients and my patients’ families de- Protection Agency, transmitting the Agen- rial:) cy’s final rule — 2,6-Diisopropylnaphthalene pend upon it—the American people just Mr. GARAMENDI, for 5 minutes, today. (2,6-DIPN); Time-Limited Pesticide Toler- saying ‘‘no.’’ Mr. FARR, for 5 minutes, today. ances [EPA-HQ-OPP-2009-0802; FRL-8798-5] With that, we as Republicans are not Mr. RAHALL, for 5 minutes, today. received December 15, 2009, pursuant to 5 the party of N-O; we are the party of K- Mr. MORAN of Virginia, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on Ag- N-O-W. We can lower the cost of health today. riculture. care if our issues will get on the table Mrs. LOWEY, for 5 minutes, today. 6194. A letter from the Director, Regu- latory Management Division, Environmental and if we can discuss those. Mr. ROTHMAN of New Jersey, for 5 Protection Agency, transmitting the Agen- I yield back. minutes, today. cy’s final rule — Bifenazate; Pesticide Toler- Mr. KING of Iowa. In reclaiming my Mr. BRALEY of Iowa, for 5 minutes, ances [EPA-HQ-OPP-2008-0126; FRL-8804-1] time and in thanking the gentlemen today. received December 15, 2009, pursuant to 5 from Georgia and Missouri, in our last Ms. EDWARDS of Maryland, for 5 min- U.S.C. 801(a)(1)(A); to the Committee on Ag- minute here, Mr. Speaker, I’d make the utes, today. riculture. point that I’m happy to say ‘‘no’’ to Ms. CORRINE BROWN of Florida, for 5 6195. A letter from the Director, Regu- bad ideas, N-O to bad ideas. The Amer- minutes, today. latory Management Division, Environmental Protection Agency, transmitting the Agen- ican people are glad of that. They were Mr. CAPUANO, for 5 minutes, today. cy’s final rule — Chlorimuron Ethyl; Pes- glad when Nancy Reagan said, ‘‘Just Mr. DRIEHAUS, for 5 minutes, today. ticide Tolerances [EPA-HQ-OPP-2009-0009; say ‘no.’ ’’ We’re just saying ‘‘no’’ to so- Mr. STUPAK, for 5 minutes, today. FRL-8798-1] received December 15, 2009, pur- cialized medicine. Mr. WELCH, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- We’re saying ‘‘yes’’ to good ideas, in- Mr. COHEN, for 5 minutes, today. mittee on Agriculture. 6196. A letter from the Director, Regu- cluding ending lawsuit abuse, selling f health insurance across State lines, latory Management Division, Environmental full deductibility, HSAs, portability, SENATE BILL REFERRED Protection Agency, transmitting the Agen- and transparency. cy’s final rule — Dinotefuran; Pesticide Tol- A bill of the Senate of the following erances [EPA-HQ-OPP-2009-0013; FRL-8803-1] I yield back the balance of my time. title was taken from the Speaker’s received December 15, 2009, pursuant to 5 f table and, under the rule, referred as U.S.C. 801(a)(1)(A); to the Committee on Ag- LEAVE OF ABSENCE follows: riculture. S. 30. An act to amend the Communica- 6197. A letter from the Director, Regu- By unanimous consent, leave of ab- tions Act of 1934 to prohibit manipulation of latory Management Division, Environmental sence was granted to: caller identification information; to the Protection Agency, transmitting the Agen- Mr. PITTS (at the request of Mr. Committee on Energy and Commerce. cy’s final rule — Endothall; Pesticide Toler- BOEHNER) for today on account of ill- ances [EPA-HQ-OPP-2008-0730; FRL-8804-8] f ness. received December 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- f ENROLLED BILL SIGNED riculture. SPECIAL ORDERS GRANTED Lorraine C. Miller, Clerk of the 6198. A letter from the Director, Regu- House, reported and found truly en- latory Management Division, Environmental By unanimous consent, permission to rolled a bill of the House of the fol- Protection Agency, transmitting the Agen- address the House, following the legis- lowing title, which was thereupon cy’s final rule — Fenarimol; Pesticide Toler- ances [EPA-HQ-OPP-2007-0536 and 2007-0097; lative program and any special orders signed by the Speaker: heretofore entered, was granted to: FRL-8793-5] received December 15, 2009, pur- H.R. 4532. An act to provide for permanent (The following Members (at the re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- extension of the attorney fee withholding mittee on Agriculture. quest of Ms. WOOLSEY) to revise and ex- procedures under title II of the Social Secu- 6199. A letter from the Director, Regu- tend their remarks and include extra- rity Act to title XVI of such Act, and to pro- latory Management Division, Environmental neous material:) vide for permanent extension of such proce- Protection Agency, transmitting the Agen- Mr. CUMMINGS, for 5 minutes, today. dures under titles II and XVI of such Act to cy’s final rule — Fluoxastrobin; Pesticide Ms. WOOLSEY, for 5 minutes, today. qualified non-attorney representatives. Tolerances [EPA-HQ-OPP-2008-0704; FRL- Ms. DELAURO, for 5 minutes, today. f 8803-4] received December 15, 2009, pursuant Mr. MCDERMOTT, for 5 minutes, to 5 U.S.C. 801(a)(1)(A); to the Committee on today. ADJOURNMENT Agriculture. 6200. A letter from the Director, Regu- Mr. DEFAZIO, for 5 minutes, today. Mr. KING of Iowa. Mr. Speaker, I latory Management Division, Environmental Ms. KAPTUR, for 5 minutes, today. move that the House do now adjourn. Protection Agency, transmitting the Agen- (The following Members (at the re- The motion was agreed to; accord- cy’s final rule — Glyphosate; Pesticide Tol- quest of Mr. POE of Texas) to revise and ingly (at 9 o’clock and 45 minutes erances [EPA-HQ-OPP-2008-0385; FRL-8408-1]

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 1837 received December 15, 2009, pursuant to 5 of Air Quality Implementation Plans; Cali- through September 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- fornia; Monterey Bay Region 8-Hour Ozone U.S.C. app. (Insp. Gen. Act) section 8G(h)(2); riculture. Maintenance Plan [EPA-R09-OAR-2009-0359; to the Committee on Oversight and Govern- 6201. A letter from the Director, Regu- FRL-8983-6] received December 15, 2009, pur- ment Reform. latory Management Division, Environmental suant to 5 U.S.C. 801(a)(1)(A); to the Com- 6223. A letter from the Acting Adminis- Protection Agency, transmitting the Agen- mittee on Energy and Commerce. trator, General Services Administration, cy’s final rule — Mesotrione; Pesticide Tol- 6212. A letter from the Director, Regu- transmitting Fiscal year 2010 Annual Finan- erances [EPA-HQ-OPP-2008-0811; FRL-8799-1] latory Management Division, Environmental cial Report; to the Committee on Oversight received December 15, 2009, pursuant to 5 Protection Agency, transmitting the Agen- and Government Reform. U.S.C. 801(a)(1)(A); to the Committee on Ag- cy’s final rule — Approval and Promulgation 6224. A letter from the Chairman, Securi- riculture. of Air Quality Implementation Plans; Vir- ties and Exchange Commission, transmitting 6202. A letter from the Director, Regu- ginia; Update to Materials Incorporated by in accordance with Pub. L. 105-270, the Fed- latory Management Division, Environmental Reference; Correction [VA201-5202; FRL-9093- eral Activities Inventory Reform Act of 1998 Protection Agency, transmitting the Agen- 6] received December 15, 2009, pursuant to 5 (FAIR Act), the Commission’s inventory of cy’s final rule — Prometryn; Pesticide Toler- U.S.C. 801(a)(1)(A); to the Committee on En- commercial activities for fiscal year 2009; to ances [EPA-HQ-OPP-2008-0773; FRL-8801-8] ergy and Commerce. the Committee on Oversight and Govern- received December 15, 2009, pursuant to 5 6213. A letter from the Director, Regu- ment Reform. U.S.C. 801(a)(1)(A); to the Committee on Ag- latory Management Division, Environmental 6225. A letter from the Commissioner, So- riculture. Protection Agency, transmitting the Agen- cial Security Administration, transmitting 6203. A letter from the Director, Regu- cy’s final rule — Change of Addresses for the semiannual report on the activities of latory Management Division, Environmental Submission of Certain Reports; Technical the Office of Inspector General for the period Protection Agency, transmitting the Agen- Correction [FRL-9093-5] received December April 1, 2009 through September 30, 2009, pur- cy’s final rule — Prosulfuron; Pesticide Tol- 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to suant to 5 U.S.C. app. (Insp. Gen. Act), sec- erances [EPA-HQ-OPP-2008-0276; FRL-8800-8] the Committee on Energy and Commerce. tion 5(b); to the Committee on Oversight and received December 15, 2009, pursuant to 5 6214. A letter from the Director, Regu- Government Reform. U.S.C. 801(a)(1)(A); to the Committee on Ag- latory Management Division, Environmental 6226. A letter from the Inspector General, riculture. Protection Agency, transmitting the Agen- Office of Inspector General, transmitting 6204. A letter from the Director, Regu- cy’s final rule — Revisions to the California final management advisory report on the latory Management Division, Environmental State Implementation Plan, South Coast Air governance of the Atlas project; to the Com- Protection Agency, transmitting the Agen- Quality Management District [EPA-R09- mittee on House Administration. cy’s final rule — Quinclorac; Pesticide Toler- OAR-2009-0818; FRL-9087-3] received Decem- 6227. A letter from the Assistant Attorney ances [EPA-HQ-OPP-2008-0937; FRL-8800-7] ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); General, Department of Justice, transmit- received December 15, 2009, pursuant to 5 to the Committee on Energy and Commerce. ting the Department’s report entitled, ‘‘Re- U.S.C. 801(a)(1)(A); to the Committee on Ag- 6215. A letter from the Secretary, Federal port to the Nation 2009’’ from the Office for riculture. Trade Commission, transmitting a report en- Victims of Crime for fiscal years 2007–2008 6205. A letter from the Director, Regu- titled ‘‘Federal Trade Commission Report to and initiatives that extend into Fiscal Year latory Management Division, Environmental Congress on The U.S. SAFE WEB Act: The 2009; to the Committee on the Judiciary. Protection Agency, transmitting the Agen- First Three Years’’; to the Committee on En- 6228. A letter from the President and CEO, cy’s final rule — Rimsulfuron; Pesticide Tol- ergy and Commerce. National Safety Council, transmitting a erances [EPA-HQ-OPP-2009-0004; FRL-8796-9] 6216. A letter from the Assistant Legal Ad- copy of the Council’s 2009 annual report and received December 15, 2009, pursuant to 5 visor for Treaty Affairs, Department of audit report, pursuant to 36 U.S.C. 1101(36) U.S.C. 801(a)(1)(A); to the Committee on Ag- State, transmitting report prepared by the and 1103; to the Committee on the Judiciary. riculture. Department of State concerning inter- 6229. A letter from the Assistant Secretary, 6206. A letter from the Director, Regu- national agreements other than treaties en- Office of Legislative Affairs, Department of latory Management Division, Environmental tered into by the United States to be trans- Homeland Security, transmitting the De- Protection Agency, transmitting the Agen- mitted to the Congress within the sixty-day partment’s report entitled, ‘‘United States cy’s final rule — Tribenuron methyl; Pes- period specified in the Case-Zablocki Act; to Department of Homeland Security Other ticide Tolerances [EPA-HQ-OPP-2009-0005; the Committee on Foreign Affairs. Transaction Authority Report to Congress FRL-8797-9] received December 15, 2009, pur- 6217. A letter from the Assistant Secretary, Fiscal Year 2009’’, pursuant to Public Law suant to 5 U.S.C. 801(a)(1)(A); to the Com- Legislative Affairs, Department of State, 107-296, section 831(a)(1), as amended; to the mittee on Agriculture. transmitting weekly Iraq Status Reports for Committee on Homeland Security. 6207. A letter from the Chair, Congres- the October 15 to December 15, 2009 period; to f sional Oversight Panel, transmitting the the Committee on Foreign Affairs. Panel’s monthly report pursuant to Section 6218. A letter from the Inspector General, REPORTS OF COMMITTEES ON 125(b)(1) of the Emergency Economic Sta- Department of Commerce, transmitting the PUBLIC BILLS AND RESOLUTIONS bilization Act of 2008, Pub. L. 110-343; to the Inspector General’s semiannual report to Committee on Financial Services. Congress for the reporting period April 1, Under clause 2 of rule XIII, reports of 6208. A letter from the Assistant Secretary 2009 through September 30, 2009, pursuant to committees were delivered to the Clerk for Financial Stability, Department of the 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to for printing and reference to the proper Treasury, transmitting Certification Relat- the Committee on Oversight and Govern- calendar, as follows: ing to SIGTARP and GAO Recommenda- ment Reform. Mr. HASTINGS of Florida: Committee on tions; to the Committee on Financial Serv- 6219. A letter from the Secretary, Depart- Rules. House Resolution 1105. A resolution ices. ment of Commerce, transmitting the semi- Providing for consideration of the bill (H.R. 6209. A letter from the Administrator, En- annual report on the activities of the Inspec- 2701) to authorize appropriations for fiscal ergy Information Administration, Depart- tor General for the period April 30, 2009 year 2010 for intelligence and intelligence-re- ment of Energy, transmitting the Depart- through September 30, 2009, pursuant to 5 lated activities of the United States Govern- ment’s report entitled, ‘‘Performance Pro- U.S.C. app. (Insp. Gen. Act) section 5(b); to ment, the Community Management Account, files of Major Energy Producers 2008’’, pursu- the Committee on Oversight and Govern- and the Central Intelligence Agency Retire- ant to Public Law 95-91, section 205(h); to the ment Reform. ment and Disability System, and for other Committee on Energy and Commerce. 6220. A letter from the Secretary, Depart- purposes, waiving a requirement of clause 6210. A letter from the Director, Regu- ment of Energy, transmitting the Depart- 6(a) of rule XIII with respect to consider- latory Management Division, Environmental ment’s Fiscal Year 2009 Agency Financial ation of certain resolutions reported from Protection Agency, transmitting the Agen- Report; to the Committee on Oversight and the Committee on Rules, and providing for cy’s final rule — Approval and Promulgation Government Reform. consideration of motions to suspend the of Maintenance Plan for Carbon Monoxide; 6221. A letter from the Assistant Secretary, rules (Rept. 111–419). Referred to the House State of Arizona; Tucson Air Planning Area Department of Health and Human Services, Calendar. [EPA-R09-OAR-2008-0379; FRL-8982-4] re- transmitting the Department’s report on f ceived December 15, 2009, pursuant to 5 competitive sourcing for fiscal year 2009; to U.S.C. 801(a)(1)(A); to the Committee on En- the Committee on Oversight and Govern- PUBLIC BILLS AND RESOLUTIONS ergy and Commerce. ment Reform. 6211. A letter from the Director, Regu- 6222. A letter from the Chairman, Federal Under clause 2 of rule XII, public latory Management Division, Environmental Maritime Commission, transmitting the In- bills and resolutions of the following Protection Agency, transmitting the Agen- spector General’s semiannual report to Con- titles were introduced and severally re- cy’s final rule — Approval and Promulgation gress for the reporting period April 1, 2009 ferred, as follows:

VerDate Mar 15 2010 08:21 Apr 17, 2013 Jkt 089102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR10\H24FE0.002 H24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1838 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 2 February 24, 2010 By Mr. BOSWELL (for himself, Mr. function of changes in Government spending; program carried out by the Secretary of TERRY, Ms. HERSETH SANDLIN, Mr. to the Committee on House Administration, Labor to provide mentoring, job training and LOEBSACK, Mr. LATHAM, Mr. FOSTER, and in addition to the Committee on Over- job placement services, and other com- Mr. HARE, and Mr. PETERSON): sight and Government Reform, for a period prehensive transitional services to assist eli- H.R. 4674. A bill to authorize loan guaran- to be subsequently determined by the Speak- gible offenders in obtaining and retaining tees for projects to construct renewable fuel er, in each case for consideration of such pro- employment, and to require a study on best pipelines; to the Committee on Energy and visions as fall within the jurisdiction of the practices by nonprofit organization partici- Commerce, and in addition to the Committee committee concerned. pating in such grants program; to the Com- on Transportation and Infrastructure, for a By Mr. KENNEDY (for himself, Mr. mittee on the Judiciary. period to be subsequently determined by the PETRI, and Mr. COOPER): By Mrs. DAVIS of California (for her- Speaker, in each case for consideration of H.R. 4682. A bill to encourage savings, pro- self and Ms. ROS-LEHTINEN): such provisions as fall within the jurisdic- mote financial literacy, and expand opportu- H. Con. Res. 239. Concurrent resolution au- tion of the committee concerned. nities for young adults by establishing Life- thorizing the use of Emancipation Hall in By Mr. HELLER: time Savings Accounts; to the Committee on the Capitol Visitor Center for a ceremony to H.R. 4675. A bill to prohibit the further ex- Ways and Means. present the Congressional Gold Medal to the tension or establishment of national monu- By Mr. PATRICK J. MURPHY of Penn- Women Airforce Service Pilots; to the Com- ments in Nevada except by express author- sylvania (for himself and Mr. GAR- mittee on House Administration. RETT of New Jersey): ization of Congress; to the Committee on By Mr. MCCAUL (for himself, Mr. CUL- H.R. 4683. A bill to amend the Agricultural Natural Resources. BERSON, Mr. CONAWAY, Mr. BRADY of Trade Act of 1978 to repeal the Market Ac- By Mr. FARR: Texas, Mr. MARCHANT, Mr. SAM JOHN- H.R. 4676. A bill to direct the Secretary of cess Program of the Department of Agri- SON of Texas, Mr. HALL of Texas, Mr. Commerce to establish a competitive grant culture; to the Committee on Agriculture. SMITH of Texas, Mr. SESSIONS, Mr. program to promote domestic regional tour- By Mr. NADLER of New York (for him- PAUL, Mr. GENE GREEN of Texas, Mr. ism; to the Committee on Energy and Com- self, Mr. ACKERMAN, Mr. ARCURI, Mr. ORTIZ, Mr. CUELLAR, Mr. GOHMERT, merce. BISHOP of New York, Ms. CLARKE, Mr. Ms. GRANGER, Mr. OLSON, Mr. CAR- By Mr. CONYERS (for himself, Mr. ENGEL, Mr. HALL of New York, Mr. TER, Mr. THORNBERRY, Mr. NEUGE- COHEN, Mr. NADLER of New York, Mr. HIGGINS, Mr. HINCHEY, Mr. ISRAEL, BAUER, and Mr. POE of Texas): HARE, Mr. FILNER, Mr. DELAHUNT, Mr. KING of New York, Mr. LEE of H. Res. 1103. A resolution celebrating the Ms. BALDWIN, Mr. KENNEDY, Mr. New York, Mrs. LOWEY, Mr. MAFFEI, life of Sam Houston on the 217th anniversary THOMPSON of Mississippi, Ms. SUTTON, Mr. MASSA, Mrs. MALONEY, Mr. of his birth; to the Committee on Oversight Mr. KILDEE, Ms. CHU, Mr. MICHAUD, MCMAHON, Mrs. MCCARTHY of New and Government Reform. Mr. JOHNSON of Georgia, Mr. GEORGE York, Mr. MEEKS of New York, Mr. By Mr. COSTA (for himself, Mr. POE of MILLER of California, Mr. HALL of MURPHY of New York, Mr. OWENS, Mr. Texas, Mr. BACA, Mr. CARDOZA, Mr. New York, Mr. SIRES, and Mr. RYAN RANGEL, Mr. SERRANO, Ms. SLAUGH- GRIJALVA, Mr. HASTINGS of Florida, of Ohio): TER, Mr. TONKO, Mr. TOWNS, Ms. H.R. 4677. A bill to amend title 11, United VELA´ ZQUEZ, Mr. WEINER, Mr. CROW- Mr. HOLDEN, Mr. LARSEN of Wash- States Code, to improve protections for em- LEY, Mr. PERRIELLO, Mr. THOMPSON of ington, Ms. MATSUI, Mr. MCGOVERN, ployees and retirees in business bank- Pennsylvania, Mr. PIERLUISI, Ms. Mr. MINNICK, Mr. MOORE of Kansas, ruptcies; to the Committee on the Judiciary. BORDALLO, Mr. PATRICK J. MURPHY of Mr. MORAN of Virginia, Mr. PIERLUISI, and Mr. ROYCE): By Ms. SUTTON (for herself, Mr. TUR- Pennsylvania, Ms. RICHARDSON, Ms. H. Res. 1104. A resolution supporting the NER, Ms. LINDA T. SA´ NCHEZ of Cali- SCHWARTZ, Mr. DOYLE, Mr. MORAN of mission and goals of 2010 National Crime fornia, Mr. CONYERS, Ms. ZOE LOF- Virginia, Ms. ROS-LEHTINEN, Ms. PIN- Victims’ Rights Week to increase public GREN of California, Mrs. MILLER of GREE of Maine, Mr. HIMES, Mr. CON- awareness of the rights, needs, and concerns Michigan, Mr. BRALEY of Iowa, Mr. NOLLY of Virginia, Mr. MEEK of Flor- of victims and survivors of crime in the SARBANES, Ms. GINNY BROWN-WAITE ida, Ms. LORETTA SANCHEZ of Cali- United States, no matter their country of or- of Florida, Mr. MICHAUD, Mr. DOG- fornia, Ms. DELAURO, Mr. SHUSTER, igin or their creed, and to commemorate the GETT, Mr. JONES, Mr. DUNCAN, Mr. Mr. CASTLE, Ms. MATSUI, Mr. GAR- National Crime Victims’ Rights Week theme HARE, Mr. KILDEE, Mr. STUPAK, Mr. RETT of New Jersey, Mr. ROTHMAN of of ‘‘Crime Victims’ Rights: Fairness. Dig- DONNELLY of Indiana, Mr. GENE New Jersey, Ms. KILROY, Mr. MICA, nity. Respect.’’; to the Committee on the Ju- GREEN of Texas, Mr. TERRY, Ms. Ms. SHEA-PORTER, and Mr. LEWIS of diciary. EDWARDS of Maryland, Ms. SHEA-POR- Georgia): H.R. 4684. A bill to require the Secretary of By Mr. QUIGLEY (for himself, Mr. TER, Mr. OBERSTAR, Mr. RYAN of the Treasury to strike medals in commemo- BARTLETT, Mr. MURPHY of New York, Ohio, Mr. KANJORSKI, Ms. KAPTUR, ration of the 10th anniversary of the Sep- Mr. WALZ, Mr. SMITH of Washington, Mr. KAGEN, and Mr. YARMUTH): H.R. 4678. A bill to require foreign manu- tember 11, 2001, terrorist attacks on the Mr. CARNAHAN, Mr. KISSELL, Mrs. facturers of products imported into the United States and the establishment of the BIGGERT, Mr. TONKO, Ms. GIFFORDS, United States to establish registered agents National September 11 Memorial & Museum and Mr. KIRK): in the United States who are authorized to at the World Trade Center; to the Committee H. Res. 1106. A resolution commending the on Financial Services. accept service of process against such manu- United States Army for its achievements in By Ms. NORTON: facturers, and for other purposes; to the and commitment to environmental sustain- H.R. 4685. A bill to provide for the perma- ability and energy security; to the Com- Committee on Energy and Commerce, and in nent existence of the United States Parole addition to the Committees on Ways and mittee on Armed Services. Commission; to the Committee on the Judi- By Ms. ROS-LEHTINEN (for herself, Means, and Agriculture, for a period to be ciary. subsequently determined by the Speaker, in Mrs. MALONEY, Ms. TITUS, Mr. BROWN By Mr. SABLAN: of South Carolina, Mr. ROSKAM, Mr. each case for consideration of such provi- H.R. 4686. A bill to authorize the Secretary WILSON of South Carolina, Mr. BILI- sions as fall within the jurisdiction of the of Interior to study the suitability and feasi- RAKIS, Mr. FALEOMAVAEGA, Ms. BERK- committee concerned. bility of designating prehistoric, historic, LEY, Mr. GALLEGLY, Ms. KOSMAS, Mr. By Mrs. CHRISTENSEN: and limestone forest sites on Rota, Common- GARRETT of New Jersey, Mr. MAN- H.R. 4679. A bill to amend the Internal Rev- wealth of the Northern Mariana Islands, as a ZULLO, Mr. PAYNE, Mr. KENNEDY, Mr. enue Code of 1986 to assist in the recovery unit of the National Park System; to the and development of the Virgin Islands by Committee on Natural Resources. SMITH of New Jersey, Ms. WATSON, providing for a reduction in the tax imposed By Ms. LINDA T. SA´ NCHEZ of Cali- Mr. PASCRELL, Mr. SPACE, Mr. ALT- on distributions from certain retirement fornia: MIRE, Mr. LINCOLN DIAZ-BALART of plans’ assets which are invested for at least H.R. 4687. A bill to provide grants to States Florida, Mr. JACKSON of Illinois, Mr. 30 years, subject to defined withdrawals, for low-income housing projects in lieu of SCOTT of Virginia, Mr. SARBANES, Mr. under a Virgin Islands investment program; low-income housing credits; to the Com- HOLT, Ms. TSONGAS, Mr. VAN HOLLEN, to the Committee on Ways and Means. mittee on Financial Services, and in addi- Mr. LANGEVIN, Mr. ISRAEL, Mr. SNY- By Mr. ELLSWORTH: tion to the Committee on Ways and Means, DER, Mr. DAVIS of Illinois, Mr. CON- H.R. 4680. A bill to reduce the employer for a period to be subsequently determined YERS, Ms. ESHOO, Ms. KILROY, Mr. portion of payroll taxes in the case of em- by the Speaker, in each case for consider- MARIO DIAZ-BALART of Florida, Mr. ployers who expand payroll in 2010 and 2011; ation of such provisions as fall within the ju- CAPUANO, Mr. PALLONE, and Mr. to the Committee on Ways and Means. risdiction of the committee concerned. MCMAHON): By Mr. FORBES: By Mr. SESTAK: H. Res. 1107. A resolution recognizing the H.R. 4681. A bill to provide for rates of pay H.R. 4688. A bill to amend the Second 189th anniversary of the independence of for Members of Congress to be adjusted as a Chance Act of 2007 to reauthorize the grants Greece and celebrating Greek and American

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democracy; to the Committee on Foreign Af- H.R. 3025: Mr. BAIRD. COHEN, Ms. NORTON, Mr. FARR, Mr. MCGOV- fairs. H.R. 3043: Ms. NORTON, Mr. MICHAUD, Mr. ERN, Mrs. CAPPS, Mr. CAPUANO, and Mr. WU. By Ms. WATSON: MARKEY of Massachusetts, Ms. CHU, Mr. H.R. 4614: Mr. LUJA´ N and Mr. REICHERT. H. Res. 1108. A resolution commemorating HOLT, and Mr. BOCCIERI. H.R. 4621: Mr. THOMPSON of California, Mr. the life of the late Cynthia DeLores Tucker; H.R. 3101: Mr. CHANDLER, Mr. DAVIS of Ten- GRIJALVA, and Mr. SHERMAN. OORE EAL to the Committee on the Judiciary. nessee, Mr. M of Kansas, Mr. N of H.R. 4624: Mr. HILL. Massachusetts, Mr. OLVER, and Mr. TIERNEY. f H.R. 4626: Mr. FILNER. H.R. 3511: Ms. BORDALLO. H.R. 4647: Mr. ENGEL. ADDITIONAL SPONSORS H.R. 3525: Ms. WOOLSEY. H.R. 3560: Mr. RUSH. H.R. 4668: Mr. KENNEDY. Under clause 7 of rule XII, sponsors H.R. 3564: Mr. LYNCH and Mr. PIERLUISI. H. Con. Res. 144: Ms. LINDA T. SA´ NCHEZ of were added to public bills and resolu- H.R. 3648: Mr. ELLSWORTH. California. tions as follows: H.R. 3731: Mr. PERLMUTTER, Mr. PIERLUISI, H. Con. Res. 147: Mr. SESTAK. H.R. 25: Mr. GRIFFITH. Ms. DEGETTE, Mr. HONDA, Mr. CONNOLLY of H. Con. Res. 222: Mr. GRIJALVA. H.R. 211: Mr. KLEIN of Florida. Virginia, Mr. DOGGETT, Ms. RICHARDSON, and H. Con. Res. 238: Mr. TEAGUE, Mr. MCMA- H.R. 213: Mr. CARNAHAN. Ms. NORTON. HON, Mr. MILLER of North Carolina, Mr. H.R. 413: Ms. GIFFORDS, Mr. GENE GREEN of H.R. 3790: Mr. OWENS and Ms. WATSON. ETHERIDGE, Mr. CAO, Mr. CHILDERS, Mr. H.R. 3810: Mr. TONKO. Texas, Ms. LEE of California, Mr. SHUSTER, MCINTYRE, Mr. CUMMINGS, Mr. CONYERS, Mr. H.R. 3974: Ms. ROYBAL-ALLARD. Mr. JOHNSON of Illinois, and Mr. ENGEL. RANGEL, Mr. HALL of New York, Ms. KIL- H.R. 4051: Mr. COURTNEY. H.R. 571: Mr. CARNAHAN. PATRICK of Michigan, Mr. HASTINGS of Flor- H.R. 4055: Mr. COSTA, Ms. HIRONO, Mr. H.R. 618: Mr. MICHAUD. ida, Ms. EDDIE BERNICE JOHNSON of Texas, ABERCROMBIE, Mr. COHEN, and Ms. BERKLEY. H.R. 656: Ms. GRANGER. Ms. NORTON, Mr. LEWIS of Georgia, Ms. JACK- H.R. 4085: Mr. SIMPSON. H.R. 690: Mr. MEEKS of New York. SON LEE of Texas, Ms. RICHARDSON, Mr. H.R. 4109: Ms. EDDIE BERNICE JOHNSON of H.R. 716: Ms. LINDA T. SA´ NCHEZ of Cali- Texas. TOWNS, Mr. RUSH, Mr. JOHNSON of Georgia, fornia. COTT OORE H.R. 4127: Mr. POE of Texas. Mr. S of Virginia, Ms. M of Wis- H.R. 734: Ms. FUDGE, Ms. SCHWARTZ, Mr. H.R. 4131: Mr. HOLT. consin, Mr. AL GREEN of Texas, Mr. CLEAVER, KAGEN, Mr. DAVIS of Tennessee, and Mr. H.R. 4141: Mr. KRATOVIL. Ms. LEE of California, Mr. COHEN, Mr. MEEKS CHANDLER. H.R. 4149: Mr. HARE. of New York, Mr. PERRIELLO, Ms. FUDGE, Mr. H.R. 855: Mr. RYAN of Ohio. H.R. 4155: Ms. SUTTON and Mr. FILNER. BISHOP of Georgia, Mr. CARSON of Indiana, H.R. 1074: Mr. ROSKAM. H.R. 4210: Mr. MORAN of Virginia. Mr. BRADY of Pennsylvania, Mr. DAVIS of Il- H.R. 1175: Ms. JACKSON LEE of Texas. H.R. 4256: Mr. LEWIS of Georgia and Mr. linois, Mr. MEEK of Florida, Mrs. KELTON H.R. 1177: Mr. S . DAVIS of Illinois. CHRISTENSEN, Mrs. HALVORSON, Mr. RODRI- H.R. 1248: Mr. BARTLETT. H.R. 4274: Mr. BACA, Mr. FILNER, and Mr. GUEZ, Mr. PRICE of North Carolina, Mr. H.R. 1283: Mr. VISCLOSKY. TONKO. BUTTERFIELD, Mr. WATT, and Mr. DONNELLY H.R. 1305: Mr. OWENS and Mr. MANZULLO. H.R. 4278: Mr. DRIEHAUS and Mr. CAPUANO. of Indiana. HU ICHARDSON H.R. 1314: Ms. C , Ms. R , and H.R. 4296: Mr. LOBIONDO. H. Res. 100: Mrs. MILLER of Michigan. Mrs. NAPOLITANO. H.R. 4302: Mr. BACA, Mrs. MALONEY, Mr. H. Res. 111: Mr. SMITH of Texas, Ms. JEN- H.R. 1523: Ms. WATERS. MURPHY of New York, Mr. QUIGLEY, Mr. KINS, Mr. KANJORSKI, Mr. ROGERS of Ala- H.R. 1552: Mr. SENSENBRENNER. DRIEHAUS, and Mr. MAFFEI. bama, Mr. DRIEHAUS, and Mr. TIBERI. H.R. 1584: Mr. KISSELL and Mr. CAPUANO. H.R. 4312: Mr. MANZULLO. H. Res. 200: Mr. BILIRAKIS. H.R. 1751: Mr. THOMPSON of Mississippi. H.R. 4325: Mr. ROTHMAN of New Jersey. H. Res. 213: Mr. LARSON of Connecticut. H.R. 1778: Mr. REYES, Mr. CARDOZA, and Mr. H.R. 4330: Mr. WU. H. Res. 376: Mr. MCCOTTER. BOSWELL. H.R. 4341: Mr. GRAYSON. H.R. 1826: Mr. WEINER and Mrs. DAVIS of H.R. 4386: Mr. SESTAK, Ms. DEGETTE, and H. Res. 440: Mr. PETERS. California. Mr. KAGEN. H. Res. 716: Mr. BRADY of Pennsylvania. H.R. 1831: Mr. TOWNS, Mr. PASTOR of Ari- H.R. 4402: Mr. DELAHUNT, Ms. LINDA T. H. Res. 870: Mr. SENSENBRENNER. zona, Mr. MINNICK, and Mr. MELANCON. SA´ NCHEZ of California, Mr. NYE, Ms. SHEA- H. Res. 879: Mr. MURPHY of Connecticut. H.R. 1836: Mr. SHULER. PORTER, Mr. ROTHMAN of New Jersey, and H. Res. 929: Mr. BRADY of Pennsylvania. H.R. 1855: Mr. SPACE. Mr. JACKSON of Illinois. H. Res. 938: Mr. CHANDLER. H.R. 2024: Mr. MCINTYRE. H.R. 4469: Mr. WILSON of South Carolina, H. Res. 977: Mr. CAMPBELL. H.R. 2030: Ms. SHEA-PORTER. ACKSON EE RADY Ms. J L of Texas, Mr. B of H. Res. 992: Ms. JACKSON LEE of Texas, Mr. H.R. 2112: Ms. SLAUGHTER. A OURETTE Pennsylvania, and Mr. L T . BILIRAKIS, Mr. MCCAUL, Mr. INGLIS, Mr. FIL- H.R. 2122: Mr. DAVIS of Tennessee. H.R. 4526: Mr. GEORGE MILLER of Cali- NER, and Mr. SCHOCK. H.R. 2149: Mr. BISHOP of New York. fornia. H. Res. 1060: Mr. SCALISE, Mr. KINGSTON, H.R. 2246: Mr. BISHOP of New York. H.R. 4537: Ms. BEAN, Mrs. MALONEY, Mr. and Mr. WALZ. H.R. 2271: Mr. LATHAM. MASSA, Mr. MCGOVERN, Mr. PALLONE, Mr. H. Res. 1063: Mr. JONES. H.R. 2361: Mr. GORDON of Tennessee. POLIS of Colorado, and Ms. WATERS. H.R. 2421: Mr. BARROW, Mr. DICKS, Mr. H.R. 4560: Ms. BEAN. H. Res. 1072: Mr. CAO, Mr. FLEMING, Mr. PITTS, and Mr. SCOTT of Virginia. H.R. 4580: Mr. ROHRABACHER, Mr. MOORE of ALEXANDER, Mr. BOUSTANY, Mr. SCALISE, and H.R. 2492: Mr. MAFFEI. Kansas, Mr. LEWIS of Georgia, Mr. FRANK of Mr. MELANCON. H.R. 2579: Mr. SESTAK. Massachusetts, Mr. NEAL of Massachusetts, H. Res. 1075: Mr. MEEKS of New York, Mr. H.R. 2731: Mr. SESTAK. Mr. BISHOP of Georgia, Mr. BOSWELL, and Mr. THOMPSON of Pennsylvania, Mr. SAM JOHN- H.R. 2817: Ms. PINGREE of Maine. GRIJALVA. SON of Texas, and Mr. WALZ. H.R. 2866: Mr. WU. H.R. 4594: Ms. RICHARDSON, Ms. BORDALLO, H. Res. 1086: Ms. ROYBAL-ALLARD. H.R. 3012: Mr. TAYLOR. Ms. FUDGE, Mr. GRAYSON, Ms. GIFFORDS, Mr. H. Res. 1091: Ms. DELAURO.

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HONORING MR. PAUL FOREMAN sions. In 2007, Virgil was elected to the Fort cacy, he earned a wide range of respect from Walton Beach City Council, where he served his peers, as well as members of the commu- HON. BRIAN HIGGINS faithfully until his passing. nity. Mr. Goodwin was very active in the com- OF NEW YORK Madam Speaker, on behalf of the United munity. He was a member of the Equal Op- IN THE HOUSE OF REPRESENTATIVES States Congress, I am humbled to recognize portunities Commission Legal Council and vol- Virgil Miller as a veteran, public servant, com- unteered at the Fresno Rescue Mission. Mr. Wednesday, February 24, 2010 munity volunteer, and loving father and hus- Goodwin served as President of the Fresno Mr. HIGGINS. Madam Speaker, I rise today band. My wife Vicki and I offer our prayers for Black Caucus and President of the West Fres- to pay tribute to the years of service given to his entire family, including his wife, Kathy, his no Little League. After the little league games, the people of Chautauqua County by Mr. Paul children, Michelle, Kristyn, and Randy, his Mr. Goodwin would take the scores and high- Foreman. Mr. Foreman served his constitu- grandchildren, and entire extended family as lights to The Fresno Bee to be published in ency faithfully and justly during his tenure as we remember and honor the life of Virgil Mil- the paper the next day. He was a devout the Town of Dunkirk Highway Superintendent. ler. He will be truly missed by all of us. Christian; he attended Second Baptist Church Public service is a difficult and fulfilling ca- f and served many years as a deacon and a reer. Any person with a dream may enter but Sunday school teacher. only a few are able to reach the end. Mr. PERSONAL EXPLANATION In 1976, Mr. Goodwin was appointed to the Foreman served his term with his head held municipal court bench in Fresno County. While high and a smile on his face the entire way. HON. ADAM SMITH serving on the bench, he gained national at- I have no doubt that his kind demeanor left a OF WASHINGTON tention when he sentenced convicted defend- lasting impression on the people of Chau- IN THE HOUSE OF REPRESENTATIVES ants to church rather than serving jail time or tauqua County. Wednesday, February 24, 2010 paying fines. Throughout the controversy, he We are truly blessed to have such strong in- remained committed to his beliefs. Mr. Good- dividuals with a desire to make this county the Mr. SMITH of Washington. Madam Speaker, win returned to private practice in 1978 and wonderful place that we all know it can be. Mr. on Monday, February 22, 2010, I was unable remained practicing until 1996. Mr. Goodwin Foreman is one of those people and that is to be present for recorded votes. Had I been passed away in 2004. why Madam Speaker I rise to pay tribute to present, I would have voted ‘‘yes’’ on rollcall Madam Speaker, I rise today to post- him today. vote No. 49 (on the motion to suspend the humously honor Hugh Goodwin. I invite my f rules and pass H.R. 4425) and ‘‘yes’’ on roll- colleagues to join me in honoring his life and call vote No. 50 (on the motion to suspend the wishing the best for his family. RECOGNIZING THE PASSING OF rules and pass H.R. 4238). f VIRGIL MILLER f HONORING SUSANNE SCHOLZ OF HON. JEFF MILLER HONORING HUGH GOODWIN LAKE COUNTY, CALIFORNIA OF FLORIDA IN THE HOUSE OF REPRESENTATIVES HON. GEORGE RADANOVICH HON. MIKE THOMPSON Wednesday, February 24, 2010 OF CALIFORNIA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. MILLER of Florida. Madam Speaker, I rise today to recognize Mr. Virgil White Miller, Wednesday, February 24, 2010 Wednesday, February 24, 2010 who passed away on February 20, 2010 at the Mr. RADANOVICH. Madam Speaker, I rise Mr. THOMPSON of California. Madam age of 68. Virgil spent his life serving his today to posthumously honor Hugh Goodwin Speaker, I rise today to recognize Susanne country, his community, his family, and his upon being honored with the ‘‘Trail Blazers Scholz on the occasion of her retirement as church, and I am honored to recognize his life Award’’ by the African American Museum. Mr. executive director of the Lake County Land of dedication and service. Goodwin will be honored at the African Amer- Trust. Susanne is a tireless advocate for the A native of Texas, Virgil Miller graduated ican History Month Celebration and Banquet environmental protection of Lake County who from Texas A&M University with a Bachelor of on Saturday, February 6th, 2010 in Fresno, will be missed by everyone in the conservation Science in Mechanical Engineering in 1964. In California. community. college, Virgil met his wife, Kathryn Rogers, Mr. Hugh Wesley Goodwin, Sr. was born on Mrs. Scholz grew up in Alberta, Canada and and he served in the Corps of Cadets. Upon May 6, 1921 to James and Anna Goodwin. He received her B.A. with honors in liberal arts graduation, he received a commission in the was the youngest of seven children. The fam- from Sonoma State University. She was a United States Air Force and moved to Fort ily settled in Steelton, Pennsylvania where his founding member of the Lake County Land Walton Beach, Florida. Virgil worked as a Me- father worked both as a steel worker and a Trust in 1993 and became executive director chanical Engineer for the Air Force Armament Baptist minister. Mr. Goodwin served in the in 2000. Mrs. Scholz is an accomplished writer Laboratory at Eglin Air Force Base. He and military during World War II. Upon his dis- as well; she is a popular local nature col- his wife loved Northwest Florida so much that charge he graduated from Harvard Law umnist who also authored an anthology of they decided to stay, and Virgil began his 32 School and moved to California to practice poems and short stories. Suzanne is an avid year career as a civil servant with the Air law. birder and a knowledgeable naturalist whose Force Research Laboratory, retiring in 2000. Mr. Goodwin was the first African American keen skills of observation have enhanced her In addition to his service to our country, Vir- lawyer and judge in Fresno County. He connection to the land and ability to serve in gil was an active member of our Northwest opened his law practice in Fresno during the her position. Florida community. A dedicated member of early 1950’s. In 1957 Mr. Goodwin married Mrs. Scholz has not only dedicated her pro- Fort Walton Beach First Baptist Church, he Frances Jones. Together they raised four chil- fessional skills to the conservation movement taught Sunday School, church training, Royal dren; Hugh, Paul, Anna and Tom. but her personal time as well. She serves as Ambassadors, and was a deacon, serving as Over the next fifty years, Mr. Goodwin con- the membership chair for Redbud Audubon chairman of deacons for two terms. Virgil also tinuously advocated for disadvantaged people Society and is a member of the Lake County participated in disaster relief efforts with the and challenged the racial boundaries at the Grading Ordinance Committee, Lake County Florida Baptist Convention on numerous occa- time. Through his perseverance and advo- Resource Advisory Committee for the Secure

● 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.

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Mr. Varner is also the Maine Emergency Medical Services (EMS) on behalf of Lake County. She has been an known as the voice of Tate’s band, the Board as the Municipal EMS Provider Rep- exceedingly intelligent, reliable and profes- Showband of the South, and is commonly resentative. In addition, Wayne serves on the sional executive director of the Land Trust viewed as the custodian of the cultural history Task Force for the All Hazards Training Facili- who oversaw a vast expansion of conservation of Tate High School. ties Study. While Wayne’s dedicated leader- in Lake County. I join her husband Jim in Madam Speaker, on behalf of the United ship will be missed, he leaves a legacy that thanking Susanne and wishing her a lifetime States Congress, I am privileged to recognize has increased the effectiveness and strength of fulfillment. Michael Varner as the Escambia Teacher of of his community’s safety departments as well f the Year. He is a dedicated teacher, an inspi- as that of the entire State of Maine. ration to his students, and an honorable public Madam Speaker, please join me in honoring RECOGNIZING MICHAEL VARNER servant. Vicki and I wish Mr. Varner, his wife Wayne Werts for his lifelong dedication and AS THE ESCAMBIA COUNTY Kathleen, and his sons, Jason and Brian, all service to his community. TEACHER OF THE YEAR the best for the future. f f HON. JEFF MILLER HONORING TIFFANI JONES FOR HONORING AMANDA PRUNTY, OF FLORIDA WINNING THE HONORING OUR SAMANTHA O’ROURKE, CEDRIC IN THE HOUSE OF REPRESENTATIVES FUTURE LEADERS COMPETITION WILSON, AND ALLISON Wednesday, February 24, 2010 MENDITTO FOR WINNING THE Mr. MILLER of Florida. Madam Speaker, I HONORING OUR FUTURE LEAD- HON. STEVE ISRAEL rise today to recognize Mr. Michael Varner ERS COMPETITION OF NEW YORK upon receiving the Escambia County, Florida IN THE HOUSE OF REPRESENTATIVES Teacher of the Year Award. For thirty-five HON. STEVE ISRAEL Wednesday, February 24, 2010 years, Mr. Varner has been an inspiration to OF NEW YORK Mr. ISRAEL. Madam Speaker, I rise today his students, his colleagues, and his commu- IN THE HOUSE OF REPRESENTATIVES nity, and I am honored to recognize his to acknowledge a student in my district, Tiffani achievements. Wednesday, February 24, 2010 Jones, from Central Islip High School. Tiffani will receive the Honoring Our Future After receiving his Bachelor of Science Edu- Mr. ISRAEL. Madam Speaker, I rise today Leaders Award on February 27, 2010. To win cation Degree and from the University of West to acknowledge four students in my district, this award, she wrote her own rendition of the Florida, Mr. Varner began his teaching career Amanda Prunty, Samantha O’Rourke, Cedric ‘‘I Have a Dream’’ speech delivered by Martin at J.M. Tate High School in 1975. For thirty- Wilson, and Allison Menditto, from Bay Shore Luther King, Jr. five years, Mr. Varner has been at the van- High School. I am proud to honor Tiffani for her academic guard of teaching at Tate. He taught anatomy These students will receive the Honoring and personal achievements and congratulate and physiology for eleven years, botany for Our Future Leaders Award on February 27, her upon the receipt of this prestigious award. ten years, and biology for thirty-five years. He 2010. To win this award, they wrote their own has also worked as a Dual-Enrolled instructor rendition of the ‘‘I Have a Dream’’ speech de- f with Pensacola Junior College for fourteen livered by Martin Luther King, Jr. years. Since 2004, he has served as an ad- I am proud to honor Amanda, Samantha, CONGRESSIONAL RECOGNITION junct professor at PJC. Mr. Varner is a mem- Cedric, and Allison for their academic and per- FOR THE TUCSON RODEO PA- ber and a leader of the National Association of sonal achievements and congratulate them RADE—‘‘LA FIESTA DE LOS Biology Teachers (NABT) and the National upon the receipt of this prestigious award. VAQUEROS’’ Science Teachers Association (NSTA). f Mr. Varner has been widely recognized and HON. GABRIELLE GIFFORDS HONORING WAYNE WERTS honored for his years of teaching the students OF ARIZONA at Tate High School. He received the Tate IN THE HOUSE OF REPRESENTATIVES Teacher of the Year Award in 1976, 1990, and HON. MICHAEL H. MICHAUD Wednesday, February 24, 2010 2010 and has been nominated twice for the OF MAINE Presidential Award for Excellence in Science IN THE HOUSE OF REPRESENTATIVES Ms. GIFFORDS. Madam Speaker, I rise and Mathematics Program. From 1998 to today to recognize the Tucson Rodeo Parade 2004, he was a top ten finalist for the NABT Wednesday, February 24, 2010 which on Thursday celebrates its 85th anniver- Outstanding Biology Teacher in Florida, and in Mr. MICHAUD. Madam Speaker, I rise sary. The Parade Grand Marshall is James 2005, Mr. Varner earned the NABT Florida today to recognize the accomplishments of ‘‘Big Jim’’ Griffith, beloved storyteller, musi- Outstanding Biology Teacher Award. Wayne Werts of Auburn, Maine on the occa- cian, and folklorist and a Tucson tradition in Beyond the awards and the achievements, sion of his retirement. his own right. Mr. Varner is a top-notch teacher and a dedi- Having served his community for 33 years Known as ‘‘La Fiesta de los Vaqueros,’’ the cated public servant. He goes above and beas a firefighter and an Emergency Medical parade is a time-honored tradition for thou- yond the call of duty to serve his students, uti- Technician (EMT), Wayne Werts exemplifies sands of residents and visitors. It is a much- lizing real-world techniques to teach them con- the dedication and perseverance that our anticipated community event that reminds us cepts beyond the classroom. His students sign country holds in the highest esteem. Wayne of our past as a region shaped by the inde- contracts, receive job orders, and earn pay- joined the Auburn Fire Department on May 2, pendence, drive, and determination of cow- checks for work completed. When the Tate 1977. As an EMT, Wayne further advanced boys and cowgirls. administration was faced with canceling a himself through an Associate’s Degree in Fire The Tucson Rodeo Parade first was held on dual-enrollment biology class because of low Science, and then through a Paramedic certifi- Saturday, February 21, 1925. Arizona had enrollment, Mr. Varner volunteered to sacrifice cation—credentials which helped lead to been a State for only 13 years, and Tucson one of his planning periods to teach the class Wayne being named Auburn Fire Department was still very much a rough and tumble com- in spite of the cutback. His innovative methods Chief on March 22, 2001. munity on the edge of the American frontier. of teaching have been adapted and utilized by In addition to his accomplishments as an My hometown and home State were very dif- dozens of other faculty members. active firefighter and EMT, Wayne is a long- ferent places 85 years ago. All of Arizona Mr. Varner’s tremendous efforts extend well standing leader in his community. He served back then had a population smaller than Tuc- outside of his biology classroom. He served as as President of the Auburn Firefighters Asso- son is today.

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1842 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 February 24, 2010 The inaugural Rodeo Parade rolled through Robert Bushell has richly earned the com- Longing to return to Nigeria, he landed a job downtown Tucson the same year the city pur- mendation that the Reading Recovery Council with the AP London office to return to Nigeria, chased 1,280 acres on its cactus-studded out- is bestowing upon him. Rhode Island has where he was posted in the Congo, instead. skirts for a municipal airport. This swath of been lucky to have Mr. Bushell as an educator For the next few years, Mr. Codel covered a desert would, in just a few short years, be- for over 40 years and to have his support on number of coup d’etats in Africa up until 1967. come the home of Davis-Monthan Air Force this educational program for 20 years as well. In 1965, on a trip to Congo, Mr. Codel took a Base, one of our Nation’s premier military in- Madam Speaker, I ask all my colleagues to picture of a Congolese man rolling up his stallations. join with me in congratulating Robert Bushell sleeves. Soon thereafter, this picture was Prizes for entrants in the first parade, long and wishing him continued success with the used on all Congolese paper money. After he before air conditioning or the modern super- Reading Recovery Program in Rhode Island. wrote an article that President Mobuto found market, included a 750-pound block of ice, f displeasing, he was asked to leave the coun- 100 pounds of potatoes and a ‘‘Big Cactus’’ try. But, it was also in the Congo where he ham. HONORING ARIANNA PANTIN AND met his future wife Birte Nielsen, who was This colorful and exciting parade continues JANAI CLARK FOR WINNING THE working for the Danish Red Cross at a teach- today as a kickoff for the Tucson Rodeo. The HONORING OUR FUTURE LEAD- ing hospital. Mr. Codel returned to London to parade is a salute to southern Arizona’s rich ERS COMPETITION work for the AP until 1969. There, his son, Ed- ranching history and our community’s close ward Kai Codel was born. ties with Mexico. With the nickname of ‘‘La Fi- HON. STEVE ISRAEL In 1969, he moved his family to Geneva to esta de los Vaqueros,’’ the rodeo and the pa- OF NEW YORK work for Business International as an asso- rade are a true ‘‘party of the cowboys.’’ IN THE HOUSE OF REPRESENTATIVES ciate editor for the Magazine Business Europe The Tucson Rodeo Parade keeps alive the Wednesday, February 24, 2010 covering Africa and Scandinavia. While work- spirit of that first parade. It long has been ing for Business International he wrote Swe- known as ‘‘The Largest Non-Motorized Pa- Mr. ISRAEL. Madam Speaker, I rise today den: Toward a Post-Industrial Society and rade’’ in the country and achieves its success to acknowledge two students in my district, Prospects for Business in Developing Africa, through strong community participation and Arianna Pantin and Janai Clark, from Deer and his daughter, Kirsten Roslyn Trego was the commitment of the Tucson Rodeo Parade Park High School. born. Mr. Codel and his family returned to the Committee. Arianna and Janai will receive the Honoring United States in 1974, where he worked as a The Tucson Rodeo Parade has become Our Future Leaders Award on February 27, Public Relations specialist for the American such a cherished event that schoolchildren 2010. To win this award, they wrote their own Health Care Association. During his time at long have been given the day off so they can rendition of the ‘‘I Have a Dream’’ speech de- the AHCA, he wrote the Patients Bill of Rights attend the festivities. In offices and work livered by Martin Luther King, Jr. for nursing home residents. In 1982, Mr. Codel places all across Tucson jeans and cowboy I am proud to honor Arianna and Janai for suffered a brain tumor, which left him unable boots are acceptable attire on parade day. their academic and personal achievements to perform his duties at AHCA, and he be- As a third generation southern Arizonan, I and congratulate them upon the receipt of this came a free-lance writer. am proud to recognize the Tucson Rodeo Pa- prestigious award. Along with his passion for family, travel, and rade on its 85th anniversary and to commend f work, he also had a great love for politics and the Tucson Rodeo Parade Committee for sus- the political process. He was involved with the HONORING THE LIFE OF MICHAEL taining this wonderful tradition. Arlington Democratic Committee for many RICHARD CODEL f years, campaigning for several County Board COMMENDING ROBERT BUSHELL members, several Governors of Virginia, and HON. JAMES P. MORAN also volunteered under the Carter administra- HON. JAMES R. LANGEVIN OF VIRGINIA tion in the White House press section. Michael OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES Codel led a good life and left behind a legacy IN THE HOUSE OF REPRESENTATIVES Wednesday, February 24, 2010 which will keep him in our hearts forever. He will be greatly missed by many. Wednesday, February 24, 2010 Mr. MORAN of Virginia. Madam Speaker, I f Mr. LANGEVIN. Madam Speaker, I rise rise today to pay tribute to the life of Michael today to commend Robert Bushell, who re- Richard Codel, longtime journalist, Democratic HONORING SGT. ALAN HAYMAKER cently won national recognition from the Read- activist and former member of the Peace ing Recovery Council of North America. Mr. Corps, who passed away January 13, 2010. HON. MIKE QUIGLEY Bushell is currently the elementary education Mr. Codel was a resident of Arlington and OF ILLINOIS director in my home town of Warwick, Rhode neighbor and dear friend of my colleague, IN THE HOUSE OF REPRESENTATIVES Island. Representative MIKE PENCE. He was born in Mr. Bushell has devoted more than 40 years Baltimore on April 20, 1939. Prior to grad- Wednesday, February 24, 2010 to public education, including time as principal uating from Oberlin with a degree in political Mr. QUIGLEY. Madam Speaker, I rise today of Lippitt Elementary School. It was there that science in 1960, he spent many hours at the to honor a fallen hero of Chicago, police Sgt. he began his involvement with the Reading campus radio station, WOBC Radio. Unbe- Alan Haymaker. Alan was killed in the line of Recovery program, a short-term program of knownst to him at the time, his hours spent at duty Sunday night in a tragic car accident one-on-one tutoring for first graders struggling the WOBC would become a launching pad for while responding to a burglary call. A husband with early reading and writing. When training the endeavors he would delve into for the du- and father of three, Alan was just 56 years locations for Reading Recovery closed in ration of his life. old. Rhode Island, Mr. Bushell fought to obtain Mr. Codel lived a life that was nothing short Alan was a third generation police officer, funding for the construction of a Reading Re- of exciting. Following graduation, he worked but before he was an officer he was a man of covery site in Warwick. Several different as a copy boy at the Democratic National the cloth. A graduate of both the Moody Bible school districts in the State now use the War- Presidential Convention, and shortly thereafter Institute and Trinity Evangelical University, he wick facilities to train in the program. found a post at the Cincinnati Post for a year spent the early part of his life as an associate In addition to securing funds to open up the and a half as a desk reporter. In December of pastor at an evangelical church on the North- Reading Recovery location, Mr. Bushell’s ef- 1962 he traveled to Nigeria to teach English west Side. In 1988, he traded in his robe for forts have paid off with the students them- for his Peace Corps assignment. In June of a badge, but his faith made him a different selves. After 20 weeks of 30–minute tutoring 1963, he transferred to Radio Kaduna TV, kind of police officer. sessions with a trained teacher, these stu- where he produced educational TV programs, Alan’s commitment to his community never dents are achieving higher scores on the driving around on a moped with a cameraman wavered for an instant after he changed ca- NECAP (New England Common Assessment and interviewing government officials. Mr. reer paths. He stood out for letting neighbor- Program) and maintaining those scores for Codel returned to the States in 1964, and took hood meetings run sometimes hours long just years afterwards. a job as a desk assistant to Howard Cosell. so he could hear from everyone in the room.

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 1843 Twelve years ago he was promoted to Ser- personal achievements and congratulate them INTRODUCTION OF THE UNITED geant, where he mentored countless young of- upon the receipt of this prestigious award. STATES PAROLE COMMISSION ficers ensuring that Chicagoans will benefit AUTHORIZATION ACT OF 2010 from his counsel, service and wisdom for f years to come. HON. ELEANOR HOLMES NORTON Today, I offer my deepest sympathy and REGARDING: MR. AMIGO 2009, OF THE DISTRICT OF COLUMBIA most profound condolences to the Haymaker VINCENTE FERNANDEZ, JR. IN THE HOUSE OF REPRESENTATIVES family and anyone who ever knew or worked Wednesday, February 24, 2010 with Alan and grieves his passing. Portage Park and all of us in the 5th district have lost HON. SOLOMON P. ORTIZ Ms. NORTON. Madam Speaker, today, I introduce the United States Parole Commission one of our finest. May Sgt. Alan Haymaker OF TEXAS rest in peace. Authorization Act of 2010 to permanently au- IN THE HOUSE OF REPRESENTATIVES f thorize the United States Parole Commission Wednesday, February 24, 2010 (USPC). This bill is intended to prevent a re- HONORING ASHLEY MORENO AND play of a narrowly averted catastrophe in JAMILAH LINDO FOR WINNING Mr. ORTIZ. Madam Speaker, I rise today to 2008, when Congress nearly failed to tempo- THE HONORING OUR FUTURE recognize Mr. Vicente Fernandez, Jr., a Mexi- rarily reauthorize the USPC before its author- LEADERS COMPETITION can Charro, actor and singer, who has been ization expired. Since 1992, Congress has named Mr. Amigo 2009 in Brownsville, Texas, temporarily reauthorized the USPC five times. HON. STEVE ISRAEL for the Charro Days Fiesta celebration. Now that the USPC has continuing respon- OF NEW YORK Mr. Fernandez has been a lifelong supporter sibilities for Federal and District of Columbia IN THE HOUSE OF REPRESENTATIVES of the Mexican arts and culture through his Code Offenders, it is important to stabilize this Wednesday, February 24, 2010 love for mariachi music as well as being a tra- important public safety agency with the same kind of authorization as other Federal law en- Mr. ISRAEL. Madam Speaker, I rise today ditional Charro. These important attributes make him the appropriate Mexican representa- forcement agencies. to acknowledge two students in my district, The first three-year reauthorization of the tive for our festivities. Ashley Moreno and Jamilah Lindo, from Am- USPC began when the Sentencing Reform ityville High School. Brownsville, Texas, located in Deep South Act of 1984 (SRA) abolished Federal parole These students will receive the Honoring Texas on the U.S.-Mexico border, is a unique and replaced it with determinate sentencing, Our Future Leaders Award on February 27, subtropical area of this country—rich in its his- requiring a sentencing judge to impose a fixed 2010. To win this award, they wrote their own tory and culture. For more than 70 years, this term of supervised release that is served by rendition of the ‘‘I Have a Dream’’ speech de- unique celebration, which brings the United offenders after completing their prison terms. livered by Martin Luther King, Jr. States and Mexico together during the week- In order to accommodate Federal offenders I am proud to honor Ashley and Jamilah for long events, has continued to attract thou- convicted of crimes while parole was still in ef- their academic and personal achievements sands of people to the Rio Grande Valley. fect, the SRA called for the USPC to remain and congratulate them upon the receipt of this Mr. Amigo, who has to be a Mexican citizen in existence until November 1, 1992, and the prestigious award. who has done extensive work in the arts and USPC has been temporarily reauthorized five f culture while promoting the bi-cultural, bi-lit- times since then. Today, the agency grants, PERSONAL EXPLANATION erate, and bi-national efforts of the United denies or revokes parole from Federal offend- States and Mexico, is the attraction of the ers who are not otherwise ineligible for parole, HON. JERROLD NADLER week-long festivities. and makes determinations regarding super- Mr. Vicente Fernandez, Jr., son of the re- vised release for others. OF NEW YORK The USPC, however, has had important nowned Mr. Vicente Fernandez, an iconic IN THE HOUSE OF REPRESENTATIVES new responsibilities for more than 10 years. Mexican singer, grew up close to the spotlight To help alleviate a serious financial crisis in Wednesday, February 24, 2010 seeing his father sing and perform. At a young the District of Columbia, and at the city’s re- Mr. NADLER of New York. Madam Speaker, age, Mr. Vicente Fernandez, Jr. appeared on- quest, the National Capital Revitalization and I missed one vote on February 23, 2010. I stage as a performer at the Teatro Blanquita Self-Government Improvement Act (Revitaliza- would have voted ‘‘aye’’ on rollcall vote No. in Mexico City. He went on to later appear and tion Act) transferred the responsibility for, and 55, final passage of H. Res. 1046. perform at the El Million Dollar Show in Los the costs of, certain state functions from the Angeles, California. f District to the Federal Government, including HONORING ALFRED MULLER, He has appeared in numerous Mexican the transfer of responsibility for D.C. Code Of- AROSA ARSHAD, DIMITRI JONES, films with his father, and together they have fenders from the D.C. Board of Parole to the EBONEE PADILLA, AND recorded several albums, including ‘‘El Mayor USPC. The Revitalization Act also eliminated ESTEFONIA YACTAYO FOR WIN- de los Potrillos’’ in 2001 and ‘‘Vicente parole in the District, and instituted the Dis- NING THE HONORING OUR FU- Fernandez hijo con Mariachi’’ in 2002. trict’s version of determinate sentencing, simi- TURE LEADERS COMPETITION In 2006, Mr. Vincent Fernandez, Jr., lar to the Federal system. The USPC’s duties debuted in Mexico with his show of horses with respect to D.C. Code Offenders vary ac- HON. STEVE ISRAEL that are trained to gallop while he sings and cording to the date on which the crime at OF NEW YORK the mariachi band plays. issue was committed. For D.C. Code Offend- IN THE HOUSE OF REPRESENTATIVES In 2009, he fulfilled one of his dreams, ers who committed crimes before August 5, 2000, and are not otherwise eligible for parole, Wednesday, February 24, 2010 showcasing his music at a sold out Palacio de los Deportes, an indoor sports complex in the USPC is currently responsible for granting, Mr. ISRAEL. Madam Speaker, I rise today Mexico City, where he sang and performed. denying or revoking parole, and making deter- to acknowledge five students in my district, Al- minations regarding supervised release. For fred Muller, Arosa Arshad, Dimitri Jones, I am humbled that Mr. Vicente Fernandez, D.C. Code Offenders who committed crimes Ebonee Padilla, and Estefonia Yactayo, from Jr., a proven Mexican ambassador of the arts after August 4, 2000, and who are sentenced Brentwood High School. and culture, was able to join our community of to a determinate sentence of imprisonment fol- These students will receive the Honoring Brownsville to celebrate the Charro Days Fi- lowed by a term of supervised release, the Our Future Leaders Award on February 27, esta. USPC is responsible for making determina- 2010. To win this award, they wrote their own I ask my colleagues to join me in recog- tions regarding supervised release. rendition of the ‘‘I Have a Dream’’ speech de- nizing the work, leadership, vision and efforts The USPC also has other ongoing duties. livered by Martin Luther King, Jr. of Mr. Vicente Fernandez, Jr., to promote the These responsibilities include granting or de- I am proud to honor Alfred, Arosa, Dimitri, arts and culture, which make him an extraor- nying parole for United States citizens con- Ebonee and Estefonia for their academic and dinary Mr. Amigo 2009. victed of crimes in a foreign country who elect

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1844 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 February 24, 2010 to return to the United States to complete their the legislative history of the Parole Phaseout began a 12-year political career in Texas that sentences, parole-related functions for certain Act of 1996. ‘‘ ‘Constitutional requirements, earned him the nickname ‘‘liberal from Lufkin’’. military and state offenders, and decision-mak- specifically the ex post facto clause, neces- In 1972, Wilson was elected to the U.S. ing authority over state offenders who are on sitate the extension of the commission or the House of Representatives, where he became state probation or parole and are transferred establishment of a similar entity authorized by most recognized for his role in the dismantling to Federal authorities under the witness secu- statute to perform its functions.’ ’’ of the communist Soviet Union’s occupation of rity program. The Third Circuit crisis in 2008 led Con- Afghanistan. He deeply believed in the sov- Today, however, most of the USPC’s day- gress to reauthorize the USPC just in time, but ereignty of the Afghani people and was able to to-day work involves District of Columbia Code only for another 3 years. The ordeal dealt a use his influence on the House Appropriations Offenders. As of September 2009, the USPC serious blow to the USPC. This year, we seek Subcommittee on Defense to help provide the had or will have responsibility for approxi- to obtain reauthorization not only well ahead funding for their liberation. Although the media mately 2,500 Federal offenders and approxi- of time, but to avoid a ritualistic reauthorization has primarily focused on his accomplishments mately 9,500 D.C. Code Offenders. Eventu- of a permanent law enforcement agency every abroad, Charles always maintained Lufkin, ally, the USPC will have jurisdiction over al- 3 years. It will be particularly important to bear Texas as one of his number one priorities. most no Federal offenders, but will continue to in mind that the close call the USPC had in Some of his greatest domestic accomplish- have jurisdiction over D.C. Code Offenders. the Third Circuit, could be repeated in the ments include the creation of the 100,000-acre There are two primary reasons for perma- other 11 circuits. It is clear that a timely, sim- Big Thicket National Preserve and the Lufkin nently extending the life of the USPC. First, as ple reauthorization would have been beneficial VA Hospital. then-Attorney General Ashcroft reported to to all concerned—the USPC, Congress, and Madam Speaker, Charles Wilson was a po- Congress in 2002, ‘‘there is no District of Co- the courts. I ask Congress to permanently ex- litical giant who brought his Texas-sized gusto lumbia or federal agency, other than the tend the USPC to ensure the smooth and con- for democracy and his passion for serving the USPC, with the staff, procedures, and infra- stitutional operation of the Federal and District American people to our Nation’s capitol. He structure in place to effectively assume the of Columbia criminal justice systems. will be greatly missed not only by his wife and functions of the USPC.’’ And, as Edward F. f sister, but by the American people. Reilly Jr., then-Commissioner of the USPC f similarly pointed out in his 2008 statement be- HONORING VALERIE KUTZLER fore the Subcommittee on Crime, Terrorism AND AUDREY ZAMICHAW FOR HONORING CHRISTINA CAPUTO and Homeland Security, there is no other enti- WINNING THE HONORING OUR FOR WINNING THE HONORING ty with the statutory authority to do so. FUTURE LEADERS COMPETITION OUR FUTURE LEADERS COM- Second, and most important, the failure to PETITION extend the life of the USPC raises serious due HON. STEVE ISRAEL process and ex post facto issues for offend- OF NEW YORK HON. STEVE ISRAEL ers. In addition to its other provisions, the SRA IN THE HOUSE OF REPRESENTATIVES OF NEW YORK requires the USPC, before its expiration, to IN THE HOUSE OF REPRESENTATIVES schedule a release date for all parole-eligible Wednesday, February 24, 2010 offenders. Thus, without an extension, the Mr. ISRAEL. Madam Speaker, I rise today Wednesday, February 24, 2010 USPC would be required under federal law to to acknowledge two students in my district, Mr. ISRAEL. Madam Speaker, I rise today set release dates for all parole-eligible Federal Valerie Kutzler and Audrey Zamichaw, from to acknowledge a student in my district, Chris- prisoners, within 3 to 6 months before its expi- East Islip High School. tina Caputo, from Half Hollow Hills West High ration, or face due process challenges for a Valerie and Audrey will receive the Honoring School. failure to set such release dates. This require- Our Future Leaders Award on February 27, Christina will receive the Honoring Our Fu- ment could mean an arbitrary adjustment of 2010. To win this award, they wrote their own ture Leaders Award on February 27, 2010. To prisoners’ release dates, as well as the strip- rendition of the ‘‘I Have a Dream’’ speech de- win this award, she wrote her own rendition of ping of inmates of their right to contest their livered by Martin Luther King, Jr. the ‘‘I Have a Dream’’ speech delivered by release dates, to periodic review and modifica- I am proud to honor Valerie and Audrey for Martin Luther King, Jr. tion of those release dates, and to an earlier their academic and personal achievements I am proud to honor Christina for her aca- release date, after the USPC went out of ex- and congratulate them upon the receipt of this demic and personal achievements and con- istence. prestigious award. gratulate her upon the receipt of this pres- This issue has already arisen. In a case be- f tigious award. fore the Federal Third Circuit Court of Appeals f in 2008, the petitioner argued that with the ex- HONORING CONGRESSMAN piration of the USPC at the end of that year, CHARLIE WILSON RECOGNIZING GREG FIRST OF and the ‘‘winding up’’ provision in the SRA re- ZEPHYRHILLS, FLORIDA quiring the USPC to set a release date for of- HON. MIKE QUIGLEY fenders within 3 to 6 months before the OF ILLINOIS HON. GINNY BROWN-WAITE USPC’s expiration, the USPC’s decision to set IN THE HOUSE OF REPRESENTATIVES OF FLORIDA a reconsideration hearing date instead of a re- IN THE HOUSE OF REPRESENTATIVES lease date violated the SRA. In response, the Wednesday, February 24, 2010 U.S. Attorney did not refute this claim but ar- Mr. QUIGLEY. Madam Speaker, I rise today Wednesday, February 24, 2010 gued that Congress would likely extend the in honor of Congressman Charles Wilson, who Ms. GINNY BROWN-WAITE of Florida. USPC, rendering moot the petitioner’s claim passed away on February 10th, 2010. Rep- Madam Speaker, I rise today to honor Greg that his right to the setting of a firm parole re- resentative Wilson was a great statesman who First of Zephyrhills, FL. For most of his life, lease date before the USPC’s expiration had served the 2nd Congressional District in Texas Greg has been a faithful servant to his com- been violated. The Third Circuit then directed from 1972–1996. munity, volunteering himself to many causes the U.S. Attorney to provide information re- Charles was born in a small town in Texas, which have helped to enrich the lives of many. garding the pending expiration of the USPC where he developed a deep sense of pride as Born to Jimmy and Mary First in Bedford, and the likelihood of its extension. Responding a Texan and a strong dedication to the Amer- Ohio, Mr. First moved to Zephyrhills with his to this directive, the U.S. Attorney argued that ican way. As a young man he served in the family at the age of ten. After graduating from the costs of failure to reauthorize the USPC United States Navy where he rose through the Zephyrhills High School, he attended the Uni- were so high, and the constitutional issues so ranks and was given the privilege to serve as versity of Maryland and served in the United serious, that reauthorization was essentially part of a Soviet Union nuclear intelligence unit States Air Force from 1968 to 1972. guaranteed. ‘‘Congress itself has expressed based out of the Pentagon. While serving in Mr. First has volunteered himself, quite lit- concern over potential ex post facto problems the military, 27-year-old Charles was able to erally, having donated a total of 16 gallons of that a failure to authorize might create,’’ the effectively run for and win the office of State blood while Director of Public Relations for U.S. Attorney wrote, relying on language from Representative in his native Texas. This Blood Net, in addition to volunteering for

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 1845 Meals on Wheels, Relay for Life, and a local Mr. Dolphas Trotter was born in 1940 in vote No. 26 (on the motion to suspend the hospice. He has kept up the spirits of Idabel, Oklahoma. In 1945 the Trotter family rules and pass H.R. 4495), ‘‘yes’’ on rollcall Zephyrhills residents as an announcer for moved cross-country and settled in Southwest vote No. 27 (on the motion to suspend the Main Street parades and high school football Fresno, California. Mr. Trotter attended Wash- rules and agree to H. Res. 957), and ‘‘yes’’ on games. A three-time president of the Chamber ington Union High School where he played rollcall vote No. 28 (on the motion to suspend of Commerce, Mr. First has been a Christian football. During his senior year, he participated the rules and agree to H. Res. 1014). Radio DJ, a lifetime Am Vet member, and he in the annual Fresno City-County All-Star Had I been present for votes on Wednes- even started his own local news website, game, which earned him a football scholarship day, February 3, 2010, I would have voted ‘‘What’s Up Zephyrhills?’’ to College of the Pacific, know today as Uni- ‘‘yes’’ on rollcall vote No. 29 (on ordering the Madam Speaker, on February 26, the city of versity of the Pacific. Mr. Trotter graduated in previous question on H. Res. 1051), ‘‘yes’’ on Zephyrhills will honor Greg’s achievements. I 1962 with a Bachelor’s degree and returned to rollcall vote No. 30 (on agreeing to H. Res. ask you to join me today to honor him on the Fresno and began working for Fresno County 1051, the rule providing for consideration of floor of the House. May we all give back to Department of Social Services. H.R. 4061), ‘‘yes’’ on rollcall vote No. 31 (on our communities as much as Mr. First has. Shortly after his return to Fresno, Mr. Trotter the motion to suspend the rules and agree to f was drafted into the United States Army and H. Res. 1043, as amended), ‘‘yes’’ on rollcall was honorably discharged in 1969. This expe- vote No. 32 (on the motion to suspend the PERSONAL EXPLANATION rience affirmed his belief in the value of edu- rules and agree to H. Res. 901, as amended), cation and community. When he returned to and ‘‘yes’’ on rollcall vote No. 33 (on the mo- HON. LOIS CAPPS Fresno from his military service, he began a tion to suspend the rules and agree to H. Res. OF CALIFORNIA career in education. The first of many posi- 1044, as amended). IN THE HOUSE OF REPRESENTATIVES tions Mr. Trotter held in education was at f Franklin Elementary School as a fifth grade Wednesday, February 24, 2010 teacher. He moved on to teach at Edison High HONORING LINDSEY LEFEBER FOR Mrs. CAPPS. Madam Speaker, I was not School, where he later became the Vice Prin- WINNING THE HONORING OUR able to be present for the following rollcall cipal and the first African-American Principal FUTURE LEADERS COMPETITION votes on February 23, 2010. I would have of the school. Mr. Trotter had a successful ca- voted as follows: reer in the Fresno school system including HON. STEVE ISRAEL Had I been present on rollcall No. 51: ‘‘yes’’; serving as Principal at Tioga Middle School OF NEW YORK rollcall No. 52: ‘‘yes’’; rollcall No. 53: ‘‘yes’’; and Cooper Middle School. For a brief time he IN THE HOUSE OF REPRESENTATIVES rollcall No. 54: ‘‘yes’’; rollcall No. 55: ‘‘yes.’’ served as the first African-American Interim Wednesday, February 24, 2010 f Superintendent of the Fresno Unified School District and then served as the Superintendent Mr. ISRAEL. Madam Speaker, I rise today HONORING EMILY SMITH, ALDA at New Millennium Charter Schools. to acknowledge a student in my district, YUAN, JAIME ZAHL, ALYSSA Mr. Trotter was also a firm believer in com- Lindsey Lefeber, from Northport High School. GRIFFIN, AND STEPHANIE munity service. He sat on many boards and Lindsey will receive the Honoring Our Fu- SCHNEIDER FOR WINNING THE worked with many organizations, including the ture Leaders Award on February 27, 2010. To HONORING OUR FUTURE LEAD- African American Historical and Cultural Mu- win this award, she wrote her own rendition of ERS COMPETITION seum Board of Directors, the Association of the ‘‘I Have a Dream’’ speech delivered by California School Administrators, Cedar Vista Martin Luther King, Jr. HON. STEVE ISRAEL Hospital Advisory Board, Channel 24 Portrait I am proud to honor Lindsey for her aca- OF NEW YORK of Success Board member, National Alliance demic and personal achievements and con- IN THE HOUSE OF REPRESENTATIVES of Black School Educators, State Center Com- gratulate her upon the receipt of this prestigious award. Wednesday, February 24, 2010 munity College Foundation and Washington Union School Board. For his service to these f Mr. ISRAEL. Madam Speaker, I rise today organizations Mr. Trotter has received many RECOGNIZING HONDA’S MANUFAC- to acknowledge five students in my district, accolades. TURING COMMITMENT TO THE Emily Smith, Alda Yuan, Jaime Zahl, Alyssa Mr. Trotter and his wife met while working at UNITED STATES Griffin, and Stephanie Schneider, from Islip the Fresno County Department of Social Serv- High School. ice. They were married in 1972 and raised These students will receive the Honoring four children, including two adopted daughters. HON. JIM JORDAN Our Future Leaders Award on February 27, Mr. Trotter passed away on March 18, 2009. OF OHIO 2010. To win this award, they wrote their own He was a strong advocate and will be remem- IN THE HOUSE OF REPRESENTATIVES rendition of the ‘‘I Have a Dream’’ speech de- bered as an inspirational role model for the Wednesday, February 24, 2010 livered by Martin Luther King, Jr. people of Fresno, and the residents of South- I am proud to honor Emily, Alda, Jaime, west Fresno. Mr. JORDAN of Ohio. Madam Speaker, I Alyssa, and Stephanie for their academic and Madam Speaker, I rise today to honor the am honored to commend to the House the ex- personal achievements and congratulate them life of Dolphas Trotter. I invite my colleagues traordinary commitments made by Honda over upon the receipt of this prestigious award. to join me in honoring his life and wishing the the last three decades to create jobs and ex- f best for his family. pand its solid manufacturing base in Ohio and f throughout the nation. HONORING DOLPHAS TROTTER In 1979, Honda opened manufacturing oper- PERSONAL EXPLANATION ations in the United States with small-scale HON. GEORGE RADANOVICH production of dirt bikes in Marysville, Ohio. OF CALIFORNIA HON. ADAM SMITH From that initial footprint, Honda has grown IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON into one of our nation’s most important job IN THE HOUSE OF REPRESENTATIVES creators, with nine manufacturing and thirteen Wednesday, February 24, 2010 research and development facilities located Mr. RADANOVICH. Madam Speaker, I rise Wednesday, February 24, 2010 across the nation. Honda directly employs today to posthumously honor Dolphas Trotter Mr. SMITH of Washington. Madam Speaker, roughly 27,000 Americans—15,000 in my upon being honored with the ‘‘Trail Blazers on Tuesday, February 2 and Wednesday, home state alone. Award’’ by the African American Museum. Mr. February 3, 2010, I was unable to be present With so much focus on jobs moving over- Trotter will be honored at the African American for votes while I was attending to a health-re- seas, Madam Speaker, it is often too easy to History Month Celebration and Banquet on lated matter. overlook the value and importance of direct Saturday, February 6th, 2010 in Fresno, Cali- Had I been present on Tuesday, February foreign investment in this nation. The more fornia. 2, 2010, I would have voted ‘‘yes’’ on rollcall than $12 billion invested by Honda in the

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1846 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 February 24, 2010 United States—with $7 billion of that invested Over 120,000 Americans of Japanese an- Area Community College Boone Campus, Mr. in Ohio alone—supports not only those 27,000 cestry were sent to internment camps and Anderson became a patrolman. In 1993 he employees but also more than 340,000 others wrongly imprisoned. And though our country’s was promoted to captain, and by 2002 Mr. An- employed at Honda suppliers, dealers, and participation in World War II may have ended derson had ascended to Assistant Chief of the servicers nationwide. in triumph, the mistreatment of Japanese, Boone Police Department. Honda was the first Asian automaker to Italian, and German Americans cannot be ex- In addition to keeping the streets of Boone build products in the U.S., recognizing the cused. well protected, Assistant Chief Anderson has value of siting manufacturing plants in sales In the decades following Executive Order been a key figure in various local outreach markets. Since 1996, three in four Honda and 9066, we have taken several substantial steps projects, including the ‘‘Shop with a Cop’’ and Acura automobiles sold in this country have to study, remedy, and learn from the negative ‘‘Safety Pup Officer’’ programs, which have been manufactured in North America. The legacy of the internment while preserving the helped educate the community about law and company’s total U.S. auto production reached heritage of those affected. The directive was safety related issues. one million in 2007—with 700,000 produced at officially repealed in 1976, and a commission With his retirement from the Police Depart- Ohio’s Honda plants. was formed to study the impact of relocation ment, Assistant Chief Anderson plans on Three communities in my district are home on Japanese Americans. In 2008, we cele- spending more time with his wife, Maria, as to major Honda facilities. More than 2,750 are brated the twentieth anniversary of the Civil well as his children and grandchildren. In true employed in Anna, which produces engines, Liberties Act, which was a major step forward devotion to his community, even in retirement, driveshafts, and brake components. The trans- in righting the wrongs perpetrated during this Assistant Chief Anderson plans to work part- mission manufacturing facility in Russells Point difficult period in our nation’s history. It is for time for the Boone County Attorney’s Office. employs an additional 1,050. The 2,500 work- these reasons that I rise today to call on all Madam Speaker, it is individuals like Don ers at the plant in East Liberty assemble the Americans to reaffirm our commitment to in- Anderson who exemplify the dedication and Crosstour, CR–V, and Element. Thousands alienable, constitutionally-provided rights. This willingness to serve that keep our nation run- more in my district work at the dozens of com- dark period in our history must always be re- ning safe and strong. I sincerely appreciate panies of all sizes that provide parts to these membered critically, while also appreciated, as the work Assistant Chief Anderson has done facilities. a symbol of our ability to acknowledge and and I am proud to serve him, his family and Madam Speaker, direct foreign investments rectify mistakes. As I look back to this time in his fellow law enforcement colleagues in the in the U.S. put more Americans to work and our nation’s history and see how far we have United States Congress. strengthen our manufacturing base. Especially come in the intervening years, I see great f in these tough economic times, I am proud of hope for our future. EARMARK DECLARATION the strong role that Honda plays in the U.S. f and Ohio. I applaud everyone at the company on its distinguished record of manufacturing HONORING COREY ANDERSON FOR HON. RODNEY ALEXANDER quality, corporate citizenship, and job creation WINNING THE HONORING OUR OF LOUISIANA FUTURE LEADERS COMPETITION over the last 30 years. IN THE HOUSE OF REPRESENTATIVES f HON. STEVE ISRAEL Wednesday, February 24, 2010 HONORING THE 68TH ANNIVER- OF NEW YORK Mr. ALEXANDER. Madam Speaker, pursu- SARY OF EXECUTIVE ORDER 9066 IN THE HOUSE OF REPRESENTATIVES ant to the Republican Leadership standards on earmarks, I am submitting the following in- HON. DORIS O. MATSUI Wednesday, February 24, 2010 formation regarding earmarks I received as OF CALIFORNIA Mr. ISRAEL. Madam Speaker, I rise today part of the Department of Defense Appropria- IN THE HOUSE OF REPRESENTATIVES to acknowledge a student in my district, Corey tions Act, 2010, H.R. 3326. Anderson, from Sayville High School. Congressman RODNEY ALEXANDER Wednesday, February 24, 2010 Corey will receive the Honoring Our Future H.R. 3326 Ms. MATSUI. Madam Speaker, I rise today Leaders Award on February 27, 2010. To win RDTE, AF to recognize February 19, 2010 as a day of this award, Corey wrote a personal rendition Louisiana Tech University, 700 W. California remembrance, on the occasion of the sixty- of the ‘‘I Have a Dream’’ speech delivered by Ave, Ruston, LA 71272 eighth anniversary of Executive Order 9066. Martin Luther King, Jr. Remote Language—Independent Suspect February 19th will forever be a reminder of I am proud to honor Corey for outstanding Identification $2,560,000. Louisiana Tech Uni- the injustice and racial prejudice of World War academic and personal achievements and versity seeks funding for research in remote II internment. This day marks the anniversary congratulate Corey upon the receipt of this language-independent suspect identification. of a momentary erosion of America’s core prestigious award. Our researchers have developed technologies principles—a time when over 120,000 Ameri- f that use mathematical models for identity cans were denied their civil rights and impris- verification. Aspects of this work have been oned against their will. At the same time, this RECOGNIZING DON ANDERSON commercialized in the private sector. The Uni- anniversary represents our nation’s incredible versity has worked with the Air Force and in- ability to reaffirm our commitment to protecting HON. TOM LATHAM dustry partners in further development of the the freedoms of all Americans. OF IOWA algorithms and software for military applica- Following the 1941 attack on Pearl Harbor, IN THE HOUSE OF REPRESENTATIVES tions. These funds will support our faculty and our government succumbed to apprehension partners identified by the Air Force in extend- and hysteria by targeting many of its own citi- Wednesday, February 24, 2010 ing the development of these algorithms. zens who had nothing to do with the attacks. Mr. LATHAM. Madam Speaker, I rise today Congressman RODNEY ALEXANDER Executive Order 9066, which was neither justi- to honor the Boone, Iowa Police Department’s H.R. 3326 fied nor necessary, was issued as a way to Assistant Chief, Mr. Don Anderson, who, with RDTE, A assuage growing fears that Japanese-Amer- over three decades of law enforcement serv- Pennington Biomedical Research Center, ican citizens constituted a threat to national ice to his community, will officially retire on 6400 Perkins Rd., Baton Rouge, LA 70808 security. This unfortunate decision was March 1, 2010. Military Nutrition Research: Four Tasks to shaped by panic and prejudice, and dem- Assistant Chief Anderson graduated from Address Personnel Readiness $800,000. Pro- onstrated that courageous political leadership Boone High School in 1973 and shortly there- vide ongoing research to continue the Army’s in this most trying of times was lacking. By after joined the United States Army. Following responsibility for military nutrition research commemorating and remembering the failure six years of service as a military policeman across all branches of military service. The of our government to uphold the Constitutional with the Army, he returned to Boone and work focuses on the improvement of health rights guaranteed to every American, future joined the police force in July of 1979. After and performance of the American Armed generations will hopefully avoid repeating serving six years as a desk officer and taking Forces. these past mistakes. criminal justice classes at the Des Moines Congressman RODNEY ALEXANDER

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 1847 H.R. 3326 Thanks to Mr. Rippe’s commitment, the citi- Lyndon Baines Johnson. In 1968, Jimmy re- RDTE, N zens and visitors of Southwest Florida will turned home to Harlem, and opened up his C&C Technologies, Inc. 730 E Kaliste benefit from his lasting legacy of safe, mod- own public relations business, ‘‘James E. Saloom Rd., Lafayette, LA 70508 ernized roads for many years to come. Booker Associates’’ on 527 Madison Avenue Semi-Submersible UUV for Sensor En- Madam Speaker, it is a true honor to rep- in New York City. hancements $1,400,000. The ideal vehicle for resent dedicated public servants like Mr. Jimmy leaves behind a great written legacy providing risk reduction for technology and op- Rippe in Congress. of stories, history, adventure, and legendary erations is the unmanned semi-submersible f achievements that will continue to uplift all of vehicle. Rather than requiring costly and com- our African American families to the highest plex acoustic navigation and telemetry sys- CELEBRATING THE LIFE OF HAR- levels of advancements. Jimmy story includes tems, semi-submersible unmanned vehicles LEM’S BELOVED JAMES E. BOOK- some of the most important historic episodes may be integrated with standard GPS and ER, SR. FONDLY KNOWN AS THE of the 20th century. When Fidel Castro arrived radio communication systems. This project DEAN OF BLACK JOURNALISTS & in Harlem in 1960, Jimmy Booker was there, also supports NOAA’s Office of Ocean Explo- FORMER SPECIAL ADVISOR TO interviewing the young Cuban for one hour at ration. PRESIDENT LYNDON BAINES the famed Theresa Hotel. Figures like Malcolm Congressman RODNEY ALEXANDER JOHNSON X, Dr. Martin Luther King. Jr., Congressman H.R. 3326 Adam Clayton Powell, Jr. and National Urban RDTE, N HON. CHARLES B. RANGEL League founder, Whitney M. Young. QinetiQ-North America, 40201 Highway 190 OF NEW YORK Even the notorious Bumpy Johnson who East, Slidell, LA 70461 IN THE HOUSE OF REPRESENTATIVES ruled the streets of Harlem did not escape the Sonobuoy Wave Energy Module (SWEM) pen. Jimmy knew first hand how dangerous a Wednesday, February 24, 2010 $800,000. The Naval Air Systems Command man he was. ‘‘He put a gun to my head and (NAVAIR) is currently seeking alternatives to Mr. RANGEL. Madam Speaker, I rise with told me he didn’t like what I had been writing,’’ batteries as long-term energy sources for long great pride, admiration and sadness as I pay Booker once told a group of friends one night life environmental and anti-submarine warfare tribute to my dear friend and life-long buddy, at the Theresa Hotel where he frequented, sonobuoys. SWEM technologies have near Brother James E. Booker, Sr., as we celebrate amusing listeners with many incredible tales. term application to NAVAIR’s Sensor for Envi- the passing of one of Harlem’s greatest Na- He covered us many times, Percy Sutton, ronmental Assessment buoy project as well as tional Correspondents and Political/Community Basil Paterson and David Dinkins, the infa- to a wide range of evolving sonobuoy types News Columnists at Bethel African Methodist mous Gang of Four with those same remark- and classes. SWEM power modules enable Episcopal Church in Harlem. able attributes that made us so revered in his longer term, continuous operation of systems As I speak with profound honor and respect famous national and local weekly columns. He without battery replacement. for my friend Jimmy, I ascend to celebrate a served the cause of justice by covering the f life well-lived and to also remember the many biggest stories of the Civil Rights Movement, MICHAEL G. RIPPE journalistic professional accomplishments of giving the world insight on groups like the this remarkable man. Always dressed in his NAACP and the Black Panthers Party. HON. CONNIE MACK signature bowtie look, Jimmy Booker penned For years his column in the Amsterdam his name in history. He was the classic news- News was chocked full of tidbits and gossip OF FLORIDA paperman, a writer with a remarkable flare for about Harlem, the kind of ‘‘who shot John’’ IN THE HOUSE OF REPRESENTATIVES accuracy, integrity and style. Jimmy’s col- stuff that never failed to keep readers’ atten- Wednesday, February 24, 2010 umns, ‘‘The Uptown Lowdown’’ and ‘‘Top tion. Later, during his tenure at the New York Mr. MACK. Madam Speaker, I rise today to Drawer Stuff,’’ were informative, edgy and in- Beacon, he maintained his tireless contact honor Mr. Michael G. Rippe and the renaming sightful capturing unfolding stories about Har- with every facet of the community’s activities, of the Metro Parkway Extension in Fort Myers lem, Black New York. City Hall, Albany and roving from board meetings, to funerals, to ral- to the Michael G. Rippe Parkway. our Nation’s Capital. lies, to wherever the action was. Booker’s Col- Mr. Rippe earned a Bachelor of Science de- James E. Booker, Sr., was born in umns were published weekly in many inde- gree in Mining Engineering Technology from Riverhead, New York to Fletcher and Eliza- pendent and syndicated news and community the West Virginia Institute of Technology. He beth Booker on July 16th, 1926. He was publications including: ‘‘The Afro Times,’’ The joined the Florida Department of Transpor- reared, attended school, and worked on his fa- Daily Challenge,’’ ‘‘Big Red,’’ and ‘‘The Twi- tation in August 1989. From 2000–2004, he ther’s farm in Riverhead, New York. In 1948, light.’’ served as the Director of the Southwest Area Booker graduated from Howard University in Jimmy was also a very close advisor to Office. Throughout this time, Mr. Rippe was an Washington, DC, with a Bachelor’s in Arts in many politicos, activist and community organi- integral part in keeping Florida’s roads safe Journalism, and then moved to New York City zations, past and present, including Lloyd E. and efficient. to begin a career in Journalism working as a Dickens, ‘‘The Fox’’ J. Raymond Jones, Fred In 2004, Mr. Rippe was appointed Director reporter for the Amsterdam News in Harlem. E. Samuels, Professor Preston Wilcox, Dr. of Transportation Development for Florida De- In 1950, he served in the United States Army John Henrik Clarke, Edward Fordham, Inez E. partment of Transportation, District One. His during the Korean War. He later returned to Dickens, Keith L.T. Wright, C. Virginia Fields, work contributed to the development of many his job as a Journalist with the New York Am- Hazel N. Dukes, Dr. Annie B. Martin and the roads and bridges in Southwest Florida. Mr. sterdam News. NAACP to name just a few. Rippe’s contributions to the Department of Jimmy referred to his 16 years at the Am- Jimmy was also fond of Harlem’s Nightlife Transportation have been a huge asset for my sterdam News, where he eventually became where he covered many luminaries, enter- district and the entire state of Florida. Executive Editor, the most exciting of his jour- tainers and personalities like Count Basie, Throughout his career, Mr. Rippe had nalistic career. He traveled the country, inter- Billy Eckstine, Sammy Davis, Jr., Charles Honi worked closely on many major highway and facing with such notables as the Rev., Dr. Coles, Leroy Myers, Gregory Hines, Pop bridge projects. He assisted in resolving var- Martin Luther King Jr., Harlem Congressman Brown, George Benson, Nat Davis, Irene ious design and construction issues with local Adam Clayton Powell, National Urban League Reid, Jimmy ‘‘Preacher’’ Robins, Gloria Lynne, government and private citizens. His work on Director, and Whitney M. Young, all of whom Savion Glover and the Prince of Harlem, Lon- U.S. 41 projects accelerated job schedules he developed a first name relationship with. nie Youngblood, at the Theresa Hotel and and saved millions of taxpayer dollars. On December 22nd, 1956, he married the later at Harlem’s famous Showman’s Jazz I would like to recognize Mr. Rippe for his former Jeanne Carol Williams, in New York, Cafe´. Mr. Booker held court on a regular basis numerous contributions to the citizens of Lee and moved to the newly erected Lenox Ter- with his longtime friends Al Howard, Mona County, and I speak on behalf of all Floridians race, where he lived for the remainder of his Lopez, Diamond Lil Pierce, Tanya Alfonso, Ida when I say that we are proud of his accom- life. In 1964, the couple had a son, James E. Fernandez, and members of ‘‘The Showman’s plishments. I strongly support renaming the Booker Jr. (Reverend James E. Booker, Jr). In Elites’’ and ‘‘The Disciples.’’ Metro Extension Parkway in Lee County, Flor- 1966, Jimmy took his family to Washington, He will long be remembered for his extraor- ida to the Michael G. Rippe Parkway. DC, to work as Special Advisor to President dinary commitment, humor, liveliness, energy,

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Mr. Goodwin historic Bethel African Methodist Episcopal passed away in 2004. Mr. WAMP. Madam Speaker, our nation lost Church, which was a major stop on the Under- an extraordinary public servant on January 12, Madam Speaker, I rise today to post- 2010, when a catastrophic earthquake dev- ground Railroad. humously honor Hugh Goodwin. I invite my Madam Speaker, I consider myself fortunate astated the island nation of Haiti. Diane Berry colleagues to join me in honoring his life and Caves died tragically in Port-Au-Prince helping to have had the opportunity to observe and wishing the best for his family. experience his example as a personal inspira- others in the impoverished country through her work at the U.S. Centers for Disease Control tion. Though Jimmy is no longer with us, we f will continue to keep his memory alive in our and Prevention. Her life and her dedication to public service are an example and high stand- hearts and minds, and continue to honor his RESOLUTION AUTHORIZING THE legacy with our advocacy for the issues he ard for us all. USE OF EMANCIPATION HALL This remarkable young woman accom- cared about the most. We are all blessed to FOR THE PRESENTATION OF THE have known, Jimmy E. Booker, Jr., a titan of plished more in her 31 years than many peo- CONGRESSIONAL GOLD MEDAL ple contribute in a lifetime. A devoted wife, a man who witnessed history with a pen that TO THE WOMEN AIRFORCE SERV- gave us all life. daughter and sister, Diane dedicated her life ICE PILOTS to helping those less fortunate. Her profes- f sionalism and commitment to improving the HONORING HUGH GOODWIN world around her was recognized twice with HON. SUSAN A. DAVIS outstanding service awards. In 2008, Diane HON. GEORGE RADANOVICH OF CALIFORNIA was awarded the Public Administration Achievement Award from the Andrew Young OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES School of Policy Studies, one of the country’s IN THE HOUSE OF REPRESENTATIVES Wednesday, February 24, 2010 best policy schools. Last year, Diane was cho- Wednesday, February 24, 2010 sen from 6,000 other Federal workers and Mr. RADANOVICH. Madam Speaker, I rise Mrs. DAVIS of California. Madam Speaker, honored as the Atlanta Federal Executive today to posthumously honor Hugh Goodwin I rise today to introduce a resolution author- Board Employee of the Year. upon being honored with the ‘‘Trail Blazers izing the use of Emancipation Hall for the Diane grew up in the heart of my congres- Award’’ by the African American Museum. Mr. presentation of the Congressional Gold Medal sional district and graduated from Oak Ridge Goodwin will be honored at the African Amer- to the Women Airforce Service Pilots. High School, where teachers remember her as ican History Month Celebration and Banquet As Chair of the House Armed Services Sub- an outstanding student and her classmates on Saturday, February 6th, 2010 in Fresno, committee on Military Personnel and Co-Chair described her as adventurous. In addition to California. of the Women’s Caucus Task Force on her work at the CDC and graduate studies at Mr. Hugh Wesley Goodwin, Sr. was born on Women in the Military and Veterans, I am priv- Georgia State University, Diane furthered her May 6, 1921 to James and Anna Goodwin. He ileged to honor these women who, almost 70 thirst for knowledge through book clubs and was the youngest of seven children. The fam- years ago, became pioneers for women’s even found time to hike both the Andes Moun- ily settled in Steelton, Pennsylvania where his equality in the Armed Forces. tains and European Alps. There is no doubt, father worked both as a steel worker and a Diane’s work ethic and zest for life left a last- And now, on March 10, 2010, we will honor ing impression and inspired those around her. Baptist minister. Mr. Goodwin served in the their legacy as the first female aviators in military during World War II. Upon his dis- The void she leaves in public health, out- American military history with the award of the reach and volunteerism will be felt far beyond charge he graduated from Harvard Law Congressional Gold Medal. School and moved to California to practice the CDC in Atlanta and her hometown of Oak law. The Women Airforce Service Pilots are re- Ridge, Tennessee. May Diane’s family be Mr. Goodwin was the first African American ferred to as the WASPs. comforted by her memory and may her ex- lawyer and judge in Fresno County. He Unlike many acronyms used in the military, traordinary legacy serve as an example to oth- opened his law practice in Fresno during the this is an apt name. ers. f early 1950’s. In 1957 Mr. Goodwin married Like wasps, their work demanded a unique Frances Jones. Together they raised four chil- combination of feistiness and strength, under- LOW-INCOME HOUSING TAX CRED- dren; Hugh, Paul, Anna and Tom. lined by loyalty to their fellow WASPs and IT EXCHANGE EXPANSION AND Over the next fifty years, Mr. Goodwin con- their country. JOB CREATION ACT OF 2010 tinuously advocated for disadvantaged people and challenged the racial boundaries at the I am astounded by their tenacity and their ´ time. Through his perseverance and advo- bravery. HON. LINDA T. SANCHEZ OF CALIFORNIA cacy, he earned a wide range of respect from And yet, despite that dedication, these IN THE HOUSE OF REPRESENTATIVES his peers, as well as members of the commu- women have encountered difficulties in being nity. Mr. Goodwin was very active in the com- recognized for their service. Wednesday, February 24, 2010 ´ munity. He was a member of the Equal Op- This ceremony will be an illustrative exam- Ms. LINDA T. SANCHEZ of California. portunities Commission Legal Council and vol- ple of our indebtedness to their service, and I Madam Speaker, I rise today to introduce the unteered at the Fresno Rescue Mission. Mr. hope all of my colleagues will join me in ‘‘Low-Income Housing Tax Credit Exchange Goodwin served as President of the Fresno thanking the WASPs. Expansion and Job Creation Act of 2010,’’ leg- Black Caucus and President of the West Fres- islation combating the housing and unemploy- no Little League. After the little league games, This group of unsung heroines dem- ment crises. Mr. Goodwin would take the scores and high- onstrates the courage of servicewomen in the The Low-Income Housing Tax Credit is the lights to The Fresno Bee to be published in past, the integrity with which women serve nation’s largest and most successful afford- the paper the next day. He was a devout today, and the enthusiasm of the young able rental housing production program. It has Christian; he attended Second Baptist Church women who dream of serving this great nation financed more than two million homes since and served many years as a deacon and a in the future. 1987 and about 120,000 annually in recent Sunday school teacher. I am therefore honored to ask for authoriza- years. This program provides tax credits to de- In 1976, Mr. Goodwin was appointed to the tion for the use of Emancipation Hall for the velopers who agree to build or rehabilitate af- municipal court bench in Fresno County. While Congressional Gold Medal ceremony. fordable housing. It includes both ‘‘9 percent’’

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 1849 credits, which state housing finance agencies John has been responsible for the overall op- TRIBUTE TO LIEUTENANT can allocate in amounts up to a state-level eration of Hillsides, which encompasses the GENERAL LARRY DODGEN ceiling, and ‘‘4 percent’’ credits, which are management of the 17-acre campus, the oper- available to all developers who receive alloca- ation of three local group homes, and plan- HON. PARKER GRIFFITH tions of tax-exempt bonds to build rental hous- ning, directing and coordinating Hillsides’ ac- OF ALABAMA ing. tivities. IN THE HOUSE OF REPRESENTATIVES The American Reinvestment and Recovery Under Mr. Hitchcock’s leadership, Hillsides Wednesday, February 24, 2010 Act (ARRA) of 2009 contained a provision that has become an exemplary residential treat- enabled the temporary exchange of unusable ment program for children. The Hillsides Edu- Mr. GRIFFITH. Madam Speaker, I rise today low-income housing credits. This exchange cation Center continues to be an invaluable to pay tribute to a great American who was a has enabled more than 600 affordable housing resource for the community, and the scope of good friend of mine and a good friend of north developments to proceed around the country, programs and services provided by Hillsides Alabama—Lieutenant General Larry Dodgen. providing affordable homes to more than has expanded to serve not only abused, aban- General Dodgen passed away this past Satur- 30,000 low-income families and creating more doned and neglected children but also children day leaving a void in our Huntsville commu- than 35,000 jobs. The ARRA provision allowed and families in crisis living in Los Angeles nity. He was a battle tested soldier, having led investors to exchange low-income housing County. John helped provide residential care, his battalion into war in 1993 during Operation credits for grants at 85 percent of the value of community-based support, special education Desert Storm. Later in his career, he became the credits at virtually no cost to the federal and transitional assistance to emancipating commander of the U.S. Army Aviation and government. Unfortunately, this provision only foster youth, and in 2006, opened a large Missile Command (AMCOM) at Redstone Ar- applied to 9 percent housing credits. apartment complex, which serves as a transi- senal. He assumed this command on Sep- My legislation would expand this temporary tional living facility for 20 emancipated foster tember 10, 2001, and led during a trying and credit exchange opportunity to include 4 per- youth. transformative time in our nation’s history. Fol- cent credits. In 2007, prior to the financial Mr. Hitchcock has served on many boards lowing that duty, in 2003, he was tapped to markets crisis, states partnered with private and commissions including Planned Parent- command the U.S. Army Space and Missile developers using 4 percent housing credits to hood of Pasadena, Camp Wrightwood, Coali- Defense Command/Army Forces Strategic create nearly 70,000 rental homes affordable tion for a Non-Violent City, Gooden Center, Command headquartered at Redstone to low-income working Americans and 85,000 and the Association of Community Human (SMDC/ARSTRAT). He was fully invested not housing-related jobs. In 2008 and 2009, the Service Agencies, and he has served as Chair only in the Arsenal, but also in the Huntsville number of affordable homes and jobs proof the Episcopal Commission on Advocacy for community. He was a leader in the Base Re- duced by the 4 percent credit program fell by Children and Youth. John is actively involved alignment and Closure (BRAC) process on nearly 50 percent as capital available for in- in the Foster Care Project at All Saints Epis- Team Redstone. Following his retirement from vestment disappeared. copal Church, and he is a Canon in the Epis- his distinguished career in the United States I am introducing this bill because our coun- copal Diocese of Los Angeles. Army, he remained in the community and be- try cannot afford to let this valuable 4 percent came the corporate lead executive of Northrop tax credit program fall into disuse due to the For over 40 years, John has truly been a Grumman’s Huntsville operations. Men such economy’s downturn at a time when our coun- voice for at-risk children. His kindness, fore- as General Dodgen are rare; he was a true try is in desperate need of more jobs and sight, leadership and extraordinary energy servant who was fully involved both in his pro- more affordable places for low-income families have profoundly impacted the lives of the fession and his community. My thoughts and to live. Providing a safe and stable home 25,000 children and their families in his care prayers are with his wife, Leslie, and his many gives families the critical foundation to find over the years. By maintaining a deep aware- friends and family who are mourning at this employment, get an education, and play an ness of the children’s current needs as well as time. Next month I will join with many others active role in their communities. Passage of personal knowledge of each of the residents in to honor him as he is laid to rest among his this bill will allow cost effective investments Hillsides’ care, John has created a warm, lov- fellow heroes at Arlington National Cemetery. leading to both more jobs and more housing ing environment where children feel secure We will all truly miss this great man, and are for low-income working Americans and benefit enough to rebuild hope for the future. better for having had the opportunity to know our communities for years to come. I ask all Members of Congress to join me him. I hope that you will join me in supporting today in honoring John M. Hitchcock for nearly f this legislation. 40 years of dedicated service to Hillsides HONORING GLOBAL FAMILY DAY f Home for Children and the entire community. FOUNDER LINDA GROVER A TRIBUTE TO JOHN M. f HITCHCOCK HON. JOHN CONYERS, JR. OUR UNCONSCIONABLE NATIONAL OF MICHIGAN DEBT HON. ADAM B. SCHIFF IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Wednesday, February 24, 2010 IN THE HOUSE OF REPRESENTATIVES HON. MIKE COFFMAN Mr. CONYERS. Madam Speaker, on Feb- Wednesday, February 24, 2010 OF COLORADO ruary 20, 2010, we lost a dedicated and tire- Mr. SCHIFF. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES less voice for the pursuit of peace and global to honor John M. Hitchcock, who will be retir- sharing and cooperation, Linda Grover. I ing as Executive Director of Hillsides Home for Wednesday, February 24, 2010 joined Ms. Grover in the founding of Global Children in March 2010. Mr. COFFMAN of Colorado. Madam Speak- Family Day, an effort to celebrate and promote John M. Hitchcock was born in New York, er, today our national debt is harmony within the global family every Janu- NY on April 23, 1940. He received his BA in 12,409,374,679,862.09. ary 1st, but it was Linda whose every under- Math and Chemistry from the University of taking was in the name of Global Family Day. Michigan in 1963 and his MA in Social Work On January 6th, 2009, the start of the 111th Linda Grover, an author, writer, and activist, from Wayne State University in 1965. John Congress, the national debt was was resolute in her belief that all people, re- and his wife, Ida, have been married for over $10,638,425,746,293.80. gardless of race, culture, religion, or economic 40 years and reside in Pasadena. The Hitch- This means the national debt has increased status, celebrate life on earth together as one cocks have two sons, David and Bob, and one by $1,770,948,933,568.29 so far this Con- human family. It was in the promotion of this granddaughter, Kate. gress. The debt has increased ideal, that Linda Grover and her children con- In 1971, John joined Hillsides Home for $6,347,500,206.80 since just yesterday. ceived Global Family Day, One Day of Peace Children as Assistant Director and then be- This debt and its interest payments we are and Sharing, an international holiday that came Executive Director and President of Hill- passing to our children and all future Ameri- would allow people around the world to en- sides Education Center in 1981. Since then, cans. gage in global fellowship.

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1850 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 February 24, 2010 Linda’s Global Family Day initiatives were NEXT GENERATION CHOICES versity of Pittsburgh Cancer Institute, asso- supported by the Congress and United Na- FOUNDATION: WORKING TO ciate vice chancellor for cancer research, tions. In 2000, the 106th Congress unani- LESSEN CANCER Hillman professor of oncology, and professor mously passed S. Con. Res. 138 and in 2006, of medicine at the University of Pittsburgh the 109th Congress unanimously passed H. HON. FRANK R. WOLF School of Medicine. Dr. Herberman is an inter- Con. Res. 317 and S. Res. 582. These Con- OF VIRGINIA nationally recognized tumor immunologist who gressional resolutions urged the President of IN THE HOUSE OF REPRESENTATIVES has made major discoveries in his field and the United States to issue an annual procla- has fostered the application of this information Wednesday, February 24, 2010 mation calling upon the people of the United to novel approaches in cancer therapy, diag- States to observe Global Family Day. In 1999 Mr. WOLF. Madam Speaker, like so many nosis and prevention. The phenomenon of and 2001, United Nations General Assembly Americans, my family and I have been natural killer, NK, cell-mediated cytotoxicity resolutions, UNRes54/29 and UNRes56/2, touched by cancer. I have worked over the against tumors was first discovered in Dr. were passed, recognizing a day of peace on years in Congress as a member of the Con- Herberman’s laboratory at the National Cancer January 1st and encouraging Member states gressional Cancer Caucus as well as my serv- Institute in the early 1970s. In addition to his to observe the global holiday. ice on the Appropriations Committee to sup- pioneering investigation of NK cells, Dr. Herberman has played a leading role in mul- This Congress, I introduced another Global port measures to help fight cancer, including tiple areas of tumor immunology. Family Day resolution, H. Con. Res. 221. In historic increases in research funding for the National Institutes of Health, NIH. I have al- Other leaders in science and medicine on this purpose, I was joined by Representative the board are Maryann Donovan, Ph.D., the DENNIS KUCINICH and Senators HARRY REID ways believed that ensuring adequate funding for medical research on diseases such as can- director of the Center for Environmental On- and DANIEL INOUYE. It was Linda’s hope, as cology at the University of Pittsburgh Cancer well as ours, that there finally be a proclama- cer is an important priority for the federal government. Institute, and Thomas M. Sherman, M.D., a tion issued by the President asking that the gastroenterologist. The board also includes citizens of the United States celebrate Global There is another important component in the fight against cancer being lead today, Madam professionals in industry and business. Greg Family Day, thereby resulting in the Day’s Lam and John Couzens both contribute from widespread observance. Speaker, by Bill Couzens, one of my constituents from Middleburg, Virginia. He heads a their years in business and nonprofit manage- In advancing Linda Grover’s legacy, we will grassroots nonprofit organization—the Next ment. Miles M. O’Brien is a 26-year broadcast continue to pursue this proclamation and rec- news veteran. Based in New York City, he Generation Choices Foundation—that he ognize Global Family Day every January 1st. owns a production company that creates, pro- founded over 6 years ago, to build awareness Just as Ms. Grover believed, I think that, de- duces, and distributes original content across for cancer prevention by reducing environ- spite our differences, each of us has an inter- all media platforms. For nearly 17 years he mental exposures both known and suspected est in pursuing peaceful solutions to many of worked as a correspondent, anchor, and pro- to be linked with cancer. After the loss of his our contemporary world problems. A better ap- ducer for CNN based in Atlanta and New sister Anne, mother Joan and several close preciation for one another, practiced at the York. At various times he was CNN’s science, friends, he felt the need to create an organiza- start of a new year, can only lead to the eradi- space, aviation, technology, and environment tion that would focus on the root causes of the cation of human suffering that results from vio- correspondent. Also on the board is Veronique worldwide cancer epidemic and increase lence, hunger, poverty, and other social ills. Pittman, a trustee of The Rainforest Founda- awareness on ways to reduce exposures and tion and Round Hill Hotels and Villas, and a Even in the weeks right before she died, choices linked with human health and the en- Linda worked diligently to spread the Global partner with Rainforest Native, which imports vironment. He says he learned that there are fair-trade ecological products from the Amazon Family Day message. Linda said, ‘‘it’s [Global healthy choices that can be made by individ- rain forest. In addition, she sits on the Leader- Family Day] is going to improve our global atti- uals and communities to work toward a world ship Council of the Green Schools Alliance tude and give us a slightly better chance to with less cancer, including nutritional food op- and is an Advisory Board member of the Sus- overcome all these global crises that are de- tions for families. tainable Acai Project and Global Goods Part- manding global solutions. Economy, Environ- Next Generation Choices in turn has formed ners. ment, Energy, Ethnic Enmity, Education, Em- the Less Cancer Campaign, which has grown Next Generation Choices, Less Cancer, and ployment, Epidemics—and those are just the to become a worldwide leader in cancer pre- Healthy Town are closely associated with can- ones that start with the letter E.’’ vention awareness, with over 10,000 mem- cer prevention, but also work to reduce all ill- Linda’s fight and determination to spread bers, friends, and fans on Facebook. The nesses associated with human health and the the message of peace and sharing through reach of the Less Cancer Campaign has been environment. As Mr. Couzens has said, Global Family Day will be missed. However, I wide; numerous other organizations have fol- ‘‘When communities and individuals work to will work to make sure that the message is not lowed its lead and collaborated to fan the make healthier choices, great strides toward forgotten. Linda is survived by three children, flame for cancer prevention around the globe. preventing cancer and other illnesses includ- who I understand will continue their mother’s These combined efforts have raised aware- ing heart disease, diabetes, and obesity can work to champion Global Family Day, and I ness for Less Cancer, not just here in Amer- be made. By educating people and unifying in- will join them in this effort. We must all under- ica, but around the world. dividuals and programs—transformation will stand, as Linda did, that by working together The Less Cancer and new Healthy Town occur for the next generation.’’ as one global family, we can better meet the campaigns are working to help guide commu- Madam Speaker, the battle against cancer challenges humanity will face in the years to nities and individuals on understanding the im- will take the work of individuals, communities, come. portance of making strong choices, and pro- businesses and governments, and we salute viding information on options and resources the effort of Bill Couzens and Next Generation f available to assist them in making healthy de- Choices as they raise awareness on ways we cisions. While most often pointing to options can all be involved in this fight. PERSONAL EXPLANATION for the consumer, the organization in some f rare cases has provided food cards, informa- IN RECOGNITION OF MS. KELLY HON. JOHN BARROW tion for healthy food choices, and even shoes REFFETT’S YEARS OF SERVICE for children who need to get out and move, OF GEORGIA TO ILLINOIS VALLEY COMMU- run and play. NITIES IN THE HOUSE OF REPRESENTATIVES While Mr. Couzens’ personal experience inspired his passion to help lessen the grip of Wednesday, February 24, 2010 cancer on society, he also understood the im- HON. DEBORAH L. HALVORSON OF ILLINOIS Mr. BARROW. Madam Speaker. I was un- portance of working with scientists and physi- IN THE HOUSE OF REPRESENTATIVES able to be present for votes on Monday, Feb- cians who have a depth of work in evidenced- ruary 22, 2010. Had I been present I would based science. Next Generation Choices Wednesday, February 24, 2010 have voted ‘‘yes’’ on Rollcall Vote No. 49 and board of directors includes Ronald B. Mrs. HALVORSON. Madam Speaker, I rise Rollcall Vote No. 50. Herberman, M.D., founding director of the Uni- to recognize Ms. Kelly Reffett’s years of work

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 1851 in community service and disaster relief and to As we map the vision for our future, we Bachelor of Science degree in chemistry and wish her well as she retires from her role as must keep asking these questions. Are we mathematics from North Carolina College at President of the Illinois Valley Federation of doing all we can to invest in modern, safe, Durham (now known as North Carolina Cen- Labor. and efficient transportation? Are the workers in tral University) in 1947. Shortly after com- Ms. Reffett began her career in 1979 as an this industry as well-trained, experienced, and pleting her education, Mrs. Meyers met a operator for Ameritech in Canton, IL. After prepared as possible? Are they treated with young doctor named Earl Meyers, during his working for Ameritech for twenty years, Kelly respect and dignity? Are they trusted and em- residency at Durham’s Lincoln Hospital. Mr. joined the American Red Cross of Greater powered? Do their wages and working condi- Meyers was from a prominent black family in Chicago as Director of Partner Relations and tions help—or hurt—the ability to attract and Fresno, California. When Earl and Mattie mar- AFL–CIO Labor Participation. For ten years, retain good men and women for these jobs? ried, they moved to Fresno. Kelly worked to expand preparedness edu- The work of the Transportation Trades De- Upon arriving in Fresno, Dr. Meyers estab- cation opportunities to diverse populations, partment (TTD), of the AFL–CIO lies at the lished a medical practice to serve the served disaster stricken communities, and heart of these questions. In every major trans- nonwhite community of Fresno, which did not broadened partnerships with corporations and portation policy debate in Washington over the have medical services that were readily acces- community organizations. past 20 years, TTD has been front and center, sible to whites. Mrs. Meyers was the business In this position, she directed teams of nearly providing an honest, substantive, and re- manager and together they built the first black 100 people at 23 locations, providing execu- spected voice on behalf of millions of transpor- owned medical center in Fresno, which con- tive guidance and program assistance to on- tation workers. TTD brings their voices to tained a clinical laboratory, pharmacy, housed site supervisors and Volunteer in Service to those in public office, helping forge far better an x-ray facility and was home to several Afri- America members. She also served as Part- policy and decision-making than if the organi- can American physicians. Dr. Meyers served ner Services Manager/Officer and Labor Liai- zation did not exist. as a catalyst in bringing a number of young son on 25 national relief operations including TTD has always had the courage and con- black physicians to the Fresno area, providing Hurricane Katrina and World Trade Center viction to demand accountability, to make sure a higher standard of medical care available to 9/11 operations. She co-developed the AFL– that public and private sector transportation African Americans. leaders are truly placing safety and our na- CIO’s 2009 handbook outlining guidelines and While Dr. Meyers continued to focus on the tional transportation network’s true needs policies for volunteer disaster relief operations. medical disparities, Mrs. Meyers began to rec- ahead of ideology and profit. In an industry— These accomplishments are only a small sam- ognize different disparities such as segrega- and world—that has been so turbulent in re- pling of Kelly’s impressive career. tion within the schools. She joined with the In addition to her national service, Kelly was cent years, the value of TTD’s vigilant watch- National Association for the Advancement of also selected to serve at the state and county dog role is priceless. Colored People (NAACP), and eventually level. Since 2003, Kelly has served as a com- As the Chairman of the House Committee Fresno schools adopted an ‘‘open enrollment missioner on the Illinois State Commission on on Transportation and Infrastructure, I can policy’’ which made it possible for African Volunteerism and Community Service. In count on TTD to bring integrity, intellectual American children to attend schools outside of 2008, she was appointed to serve on the La- depth, and refreshing clarity to my Committee West Fresno. Mrs. Meyers’ children were Salle County Board. Shortly thereafter, she and the entire Congress. I have long valued among the first to take advantage of the new was elected to that office. TTD as a trusted friend and ally, and its sub- policy. Her involvement with the NAACP did Throughout her long career, Ms. Reffett has stantive, bipartisan approach has often been not end there; she also served as the Presi- also remained dedicated to the cause of work- helpful in bringing about consensus on impor- dent of the Fresno Chapter. ing families. Serving as President of the Illinois tant issues. Valley Federation of Labor for over two dec- As my committee has engaged in enacting During Mrs. Meyers’ term as President of ades, she always put the best interests of Illi- critical legislation—from the surface transpor- the Fresno Chapter of the NAACP, she was nois Valley workers first. tation bill to the FAA reauthorization bill, from able to orchestrate many achievements and Ms. Kelly Reffett has had a long and proud the Coast Guard reauthorization to Amtrak milestones for the growing organization. She career, one that is not ending as she retires and rail safety reauthorization—TTD has been served during the early 1960s. She was able from the presidency of the Illinois Valley Fed- a comprehensive and credible resource. Its to bring Andrew Hatcher, the associate press eration of Labor. Having worked with her over member unions are on the front lines of our secretary to President John Kennedy, to Fres- the years, I am sure she will continue to work transportation network—whether on the no as a featured speaker at the NAACP’s sec- to improve her community, as she has done ground, in the air or at sea. ond annual banquet. Mr. Hatcher was one of over and throughout her long and successful The accomplishments of the Transportation the most influential African Americans in the career. Trades Department, AFL–CIO are far too country at that time. Later, Mrs. Meyers was f many to enumerate. But to me, ensuring that instrumental in bringing Dr. Martin Luther King, transportation workers have a seat at the Jr. to Fresno to spearhead a civil rights dem- CONGRATULATING THE TRANS- table, and a voice that is heard in key policy onstration and march to Ratcliff Stadium. PORTATION TRADES DEPART- debates, has been the organization’s greatest Beyond her efforts with the NAACP, Mrs. MENT ON ITS 20TH ANNIVER- contribution to our nation. I congratulate TTD Meyers was the first African American, and SARY on 20 outstanding years, and look forward to the first woman, to seek election as the Mayor many more. of Fresno. She was not only active in local HON. JAMES L. OBERSTAR f politics and local civil rights activities; she was OF MINNESOTA also involved with movements around the na- IN THE HOUSE OF REPRESENTATIVES HONORING MATTIE MEYERS tion. Mrs. Meyers was influential in the south- Wednesday, February 24, 2010 ern United States. She is a founding member Mr. OBERSTAR. Madam Speaker, it is my HON. GEORGE RADANOVICH of a number of black organizations, including OF CALIFORNIA great pleasure to congratulate the Transpor- Iota Phi Lambda Sorority. IN THE HOUSE OF REPRESENTATIVES tation Trades Department, AFL–CIO as this Mrs. Meyers is the mother of five successful strong voice for transportation workers marks Wednesday, February 24, 2010 children and grandmother to nine. She is a its 20th anniversary. Mr. RADANOVICH. Madam Speaker, I rise member of the Westside Seventh Day Advent- Transportation is at the core of our daily today to commend and congratulate Mattie ist Church, lifetime member of the NAACP, lives and our economy. From ancient civiliza- Meyers upon being honored with the ‘‘Trail charter member of Iota Phi Lambda, a found- tion through the present day, the quality of Blazers Award’’ by the African American Mu- ing member of the Fresno Black Educators transportation serves as a true measure of a seum. Mrs. Meyers will be honored at the Afri- Association. society. How well do people live their daily can American History Month Celebration and Madam Speaker, I rise today to commend lives? How quickly and efficiently can people Banquet on Saturday, February 6th, 2010 in and congratulate Mattie Meyers upon being and goods get from one place to another? Fresno, California. honored with the ‘‘Trail Blazers Award.’’ I in- Does the quality of transportation strengthen Mrs. Mattie Meyers was born and raised in vite my colleagues to join me in wishing Mrs. or weaken an economy? Durham, North Carolina. She earned her Meyers many years of continued success.

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD 1852 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 February 24, 2010 A TRIBUTE TO JOHN M. ‘‘MITCH’’ CONGRATULATING THE TRANS- HONORING THE COURAGE AND DE- DORGER PORTATION TRADES DEPART- TERMINATION OF VIRGIL HAW- MENT ON ITS TWENTIETH ANNI- KINS VERSARY HON. ADAM B. SCHIFF HON. ALAN GRAYSON OF CALIFORNIA OF FLORIDA HON. GEORGE MILLER IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Wednesday, February 24, 2010 Wednesday, February 24, 2010 IN THE HOUSE OF REPRESENTATIVES Mr. GRAYSON. Madam Speaker, I rise Mr. SCHIFF. Madam Speaker, I rise today today to pay tribute to the courageous civil Wednesday, February 24, 2010 rights hero Virgil Hawkins. Mr. Hawkins was to honor John M. ‘‘Mitch’’ Dorger, who is retir- the leader in the fight for the desegregation of ing from his post as Chief Executive Officer of Mr. GEORGE MILLER of California. Madam Florida’s universities. Mr. Hawkins is a true the Pasadena Tournament of Roses Associa- Speaker, I would like to congratulate the role model for his determination and personal tion this month after ten years of exemplary Transportation Trades Department (TTD), sacrifice. service. AFL–CIO on its twentieth anniversary as an Born in 1906 in Okahumpka, Florida, Mr. Mitch graduated from the United States Air invaluable advocate for our nation’s transpor- Hawkins decided from a young age that he Force Academy in 1968 with a Bachelor’s de- tation workers. As the Chairman of the House wanted to be a lawyer after witnessing the un- gree in Political Science. He earned his Mas- Committee on Education and Labor, I have fair treatment of African Americans in the judicial system. Mr. Hawkins graduated high ter’s degree in International Relations from seen the critical role that TTD plays in making school in Jacksonville, Florida, and attended Tufts University and an Executive Master’s de- heard the voices of those on the front lines of our nation’s transit system. Lincoln University in Pennsylvania. By the time gree in Business Administration from Clare- Mr. Hawkins was 42, he had saved up enough mont Graduate University. TTD is a leader in ensuring that an industry money to attend law school by selling insur- From 1987 to 1989, he served both in the as safety- and customer service-intensive as ance and working as a school teacher. In Office of the Assistant to the Undersecretary transportation has the most well-trained and 1949, he applied to the University of Florida of the Air Force and as the Deputy Assistant experienced workforce possible. TTD has en- Law School in Gainesville. to the Undersecretary. In 1989, he participated abled employees in this industry to present a At the time Mr. Hawkins applied, it was in a year-long program of research and stud- unified and effective voice, one that helps against Florida law for African Americans and whites to attend school together. Mr. Hawkins ies for military officers as a Research Fellow make policymakers aware of the needs and concerns of the people who form the back- was denied admission because of the color of at the Kennedy School of Government at Har- his skin, not because he did not meet the bone of the industry. TTD serves as an impor- vard University. From 1990 to 1992, Mitch was qualifications. He decided to challenge this un- a Base Commander at the Keesler Technical tant check and balance guaranteeing that fi- just practice by filing suit with the state Su- Training Center and he served as Chief of nancial pressures do not lead to cutting cor- preme Court. The state offered to pay Mr. Staff and then Vice Commander at the United ners on safety and security and ensuring that Hawkins tuition for an out of state school, but States Air Force Academy from 1992 to 1994. those in government carry out their vital over- he refused. To prevent similar lawsuits the From 1994 to 2000, Mitch was the Chief sight responsibilities in a thorough and effec- state opened a law school for African Ameri- Operating Officer at the Claremont University tive manner. Our nation owes transportation cans at the Florida Agricultural and Mechan- ical College (FAMC) for Blacks in Tallahassee. Center, where he oversaw the three hundred workers and their representatives a debt of In 1952, the Florida Supreme Court dismissed and fifty person, thirty million dollar organiza- gratitude on these issues. his case, arguing he could attend FAMC. Mr. tion which provided support services to the TTD’s fight for workplace fairness has most Hawkins turned to the United States Supreme seven colleges in the Claremont consortium. recently turned to a proposed rule change at Court and in 1956 the Court ordered the state On February 1, 2000, the Pasadena Tour- the National Mediation Board (NMB) which of Florida to admit Mr. Hawkins to the Univer- nament of Roses Association appointed Mr. would allow a majority of voting employees to sity of Florida Law School. Initially, the state Dorger to the position of Chief Executive Offi- prevail in a union election under the Railway did not comply with the Supreme Court’s cer. For ten years, Mitch has been an out- Labor Act. Currently, the NMB treats non-par- order, citing the violence that would erupt if standing leader, effectively directing the Tour- ticipating voters as opponents of forming a Mr. Hawkins was admitted. Finally, a district nament of Roses’ staff and supporting the union. This current rule clearly contradicts the court judge ordered the University of Florida graduate school to open its doors to all quali- nine hundred and thirty-five volunteer mem- standards under which elections are conducted in this country. It is a matter of basic fied students, regardless of race. This was a bers who plan and stage the world-renowned major step forward in Mr. Hawkins’s struggle; fairness that workers covered under this Act Rose Parade and Rose Bowl Game. unfortunately, University of Florida claimed he not have lesser rights than employees in other In addition to his duties with the Pasadena was not qualified and did not admit him. industries. With the transportation industry fac- Tournament of Roses Association, his volun- After a nine-year struggle to desegregate teer activities include serving on the boards of ing great uncertainty and change, it is more Florida universities, Mr. Hawkins attended the the International Festival and Events Associa- important than ever that workers have a fair unaccredited New England School of Law in tion, and the Football Bowl Association, as an and full voice in the workplace. Boston, Massachusetts. Due to the lack of ac- creditation of the law school, he was not al- Advisory Committee Member for the L.A. TTD serves an essential role in our nation’s lowed to take the bar when he returned to Sports and Entertainment Commission, on the labor and transportation policy debates. In a Florida. Mr. Hawkins was not allowed to prac- responsible and effective manner, they help Advisory Committee for the Sports Business tice law and worked as a salesman, teacher, Institute at the University of Southern Cali- policymakers remember the needs and con- a public relations director, and as the director fornia, and as an Ex Officio Member of the cerns of the women and men whose work of a community action agency. L.A. Sports Council. contributes so much to our national economy. Holding on to his dream to practice law, at Mitch and his wife, Barbara, have two grown I congratulate the Transportation Trades De- the age of 69, Mr. Hawkins asked the Florida children and one grandson, and they reside in partment, AFL–CIO on its many accomplish- Supreme Court to admit him to the Florida Pasadena, California. ments over the past 20 years, and look for- bar. In 1976, the court allowed Mr. Hawkins to ward to continuing to work with them on become a lawyer without taking the bar exam- I ask all Members join me in thanking John issues of profound public interest, ranging ination. After spending 30 years fighting the M. ‘‘Mitch’’ Dorger for over two decades of re- from safety to rebuilding and strengthening our discriminatory foundations in the educational markable leadership and dedicated service to nation’s middle class. system, Mr. Hawkins opened his own law firm our community and our country. in Leesburg, Florida.

VerDate Mar 15 2010 10:31 Apr 02, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR10\E24FE0.000 E24FE0 erowe on DSK2VPTVN1PROD with BOUND RECORD February 24, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 2 1853 Today the law library at the University of tion into the Office of Legal Counsel Judiciary Florida is named the Virgil Hawkins Library in Memoranda. To hold hearings to examine encouraging honor of the sacrifices he made in his struggle SD–226 innovative and cost-effective crime re- for justice and equality in the admissions proc- 10:30 a.m. duction strategies. SD–226 esses of the state’s university system. A Joint Economic Committee To hold hearings to examine the road to Commerce, Science, and Transportation monument honoring Virgil Hawkins stands in economic recovery, focusing on pros- Oceans, Atmosphere, Fisheries, and Coast his hometown of Okahumpka, Florida, and is pects for jobs and growth. Guard Subcommittee located a few blocks from his childhood home. 2325, Rayburn Building To hold hearings to examine the Presi- These are just minor tributes to a man who dent’s proposed budget request for fis- contributed so much to the civil rights struggle MARCH 2 cal year 2011 for the National Oceanic and Atmospheric Administration and in Central Florida, and America as a whole. 9:30 a.m. Fisheries Enforcement Programs and Madam Speaker, as Black History Month Banking, Housing, and Urban Affairs Operations. comes to a close, it is with great honor that I Economic Policy Subcommittee SR–253 recognize the incredible activism of this civil To hold hearings to examine restoring 2:30 p.m. rights leader. Mr. Hawkins’s lifelong struggle credit, focusing on proposals to fix Homeland Security and Governmental Af- for justice is inspirational to all future genera- small business borrowing and lending fairs tions of Floridians, and Americans. As a fellow problems. Federal Financial Management, Govern- lawyer, I admire his dedication to seek justice SD–538 ment Information, Federal Services, and equal educational opportunities for all. 10 a.m. and International Security Sub- Florida is indebted to Mr. Hawkins for the per- Commerce, Science, and Transportation committee sonal sacrifices and the pathways to equal ac- To hold hearings to examine Toyota’s re- To hold hearings to examine oversight cess to education in the desegregation of our calls and the government’s response. challenges in the Medicare prescription SR–253 school systems. drug program. Judiciary SD–342 f Human Rights and the Law Subcommittee To hold hearings to examine global inter- MARCH 4 SENATE COMMITTEE MEETINGS net freedom and the rule of law, part 9:30 a.m. Title IV of Senate Resolution 4, II. Armed Services agreed to by the Senate on February 4, SD–226 To hold hearings to examine the Presi- 1977, calls for establishment of a sys- 2 p.m. dent’s proposed budget request for fis- tem for a computerized schedule of all Veterans’ Affairs cal year 2011 for the Air Force in re- meetings and hearings of Senate com- To hold hearings to examine a legislative view of the Defense Authorization and mittees, subcommittees, joint commit- presentation from Disabled Veterans of the Future Years Defense Program; America. tees, and committees of conference. with the possibility of a closed session 345, Cannon Building in SVC–217 following the open session. This title requires all such committees 2:30 p.m. SH–216 to notify the Office of the Senate Daily Intelligence Veterans’ Affairs Digest—designated by the Rules Com- To hold closed hearings to consider cer- To hold hearings to examine legislative mittee—of the time, place, and purpose tain intelligence matters. presentations from the Paralyzed Vet- of the meetings, when scheduled, and SH–219 erans of America, Jewish War Vet- any cancellations or changes in the erans, Military Order of the Purple meetings as they occur. MARCH 3 Heart, Ex-Prisoners of War, Blinded Veterans Association, Military Officers As an additional procedure along 9:30 a.m. Association of America, Air Force Ser- with the computerization of this infor- Homeland Security and Governmental Af- geants Association, and the Wounded fairs mation, the Office of the Senate Daily Warrior Project. Digest will prepare this information for To hold hearings to examine chemical se- 345, Cannon Building printing in the Extensions of Remarks curity, focusing on assessing progress 2:30 p.m. section of the CONGRESSIONAL RECORD and charting a path forward. Intelligence on Monday and Wednesday of each SD–342 To hold closed hearings to consider cer- week. Appropriations tain intelligence matters. Meetings scheduled for Thursday, Interior, Environment, and Related Agen- SH–219 cies Subcommittee February 25, 2010 may be found in the To examine the President’s proposed MARCH 9 Daily Digest of today’s RECORD. budget estimates for fiscal year 2011 for 9:30 a.m. the Environmental Protection Agency. Armed Services MEETINGS SCHEDULED SD–124 To hold hearings to examine U.S. Euro- Veterans’ Affairs FEBRUARY 26 pean Command, U.S. Africa Command, To hold an oversight hearing to examine and U.S. Joint Forces Command in re- 9:30 a.m. mental health care and suicide preven- view of the Defense Authorization re- Veterans’ Affairs tion for veterans. quest for fiscal year 2011 and the Fu- To hold hearings to examine the Presi- SR–418 ture Years Defense Program; with the dent’s proposed budget request for fis- 10 a.m. possibility of a closed session in SR–222 cal year 2011 for the Department of Energy and Natural Resources following the open session. Veterans Affairs. Business meeting to consider any pend- SR–418 SH–216 ing nominations; to be immediately 10 a.m. Veterans’ Affairs followed by a hearing to examine the Finance To hold hearings to examine a legislative President’s proposed budget request for To hold hearings to examine the nomina- presentation from Veterans of Foreign tions of Jeffrey Alan Goldstein, of New fiscal year 2011 for the Department of Wars. York, to be Under Secretary of the the Interior. SDG–50 Treasury, Francisco J. Sanchez, of SD–366 Florida, to be Under Secretary of Com- Environment and Public Works MARCH 10 merce for International Trade, and To hold hearings to examine transpor- 10 a.m. Sherry Glied, of New York, to be As- tation investments relative to the na- Homeland Security and Governmental Af- sistant Secretary of Health and Human tional economy and jobs. fairs Services. SD–406 To hold hearings to examine the lessons SD–215 Finance and implications of the Christmas day Judiciary To hold hearings to examine the 2010 attack, focusing on watchlisting and To hold hearings to examine the Office of trade agenda. pre-screening. Professional Responsibility Investiga- SD–215 SD–342

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