S6406 CONGRESSIONAL RECORD — SENATE June 10, 2009 people don’t notice it. It has become so keting and sale of tobacco products to tioned earlier, I am sure Senator DODD commonplace, nobody even registers kids. We require tobacco companies to will join me saying we wish one of our with the message it delivers. disclose the ingredients on their prod- colleagues were with us here today, For the longest time, we have argued ucts. We require the Food and Drug Ad- and that is TED KENNEDY, who is home that tobacco should be regulated, that ministration to evaluate any health recuperating. TED KENNEDY was our the products that are sold in America claims for scientific accuracy and pub- champion and inspiration for years on should have an agency with oversight lic health impact. We give the FDA the this issue. He hung in there and fought keeping an eye on them. The tobacco power to require companies to make for this when a lot of people gave up. companies fought it off year after year. changes to tobacco products to protect TED never gave up. When it came to Finally, with this new President, public health. And we require larger, the issues in his heart and soul, he with this new Congress, we have stronger warning health notices on to- fought as long as he possibly could. reached the moment where we have a bacco products. These are common- We continue that fight today and he chance to pass this important legisla- sense reforms that will start to reduce handed the banner to Senator DODD, tion. This is a bill that will protect the terrible toll tobacco has taken on who has done an extraordinarily good children and will protect America, and families all across this Nation. The job on this bill. He has been called into it will reduce tobacco use. The House FDA is the right agency to do this. It action in the Senate repeatedly. Just a passed their version last month with a is the only agency that can bring to- few weeks ago we passed the Credit wide majority, and now it is time for gether science, regulatory expertise, Card Reform Act after more than 20 the Senate to act. Every day that we and the public health mission to do the years of trying. We finally got it done. don’t act, 3,500 American kids—chil- job. Through a user fee on tobacco It was a dramatic change in the law to dren—will light up for the first time. companies, the bill gives the agency protect consumers and families across That is enough to fill 70 schoolbuses of the money it needs to conduct its new America. kids who will try cigarettes every sin- responsibilities. Today, with the passage of this—at gle day for the first time. A thousand This is a strong public health bill, least the movement of this bill forward of those 3,500 will then become regular and it is a bipartisan bill. After more toward passage this week—we are smokers. The addiction will begin. than 10 years of effort, we have never going to be able to protect millions of Tobacco companies spend nearly $40 been so close to giving the FDA the au- children and Americans from deadly million every day to lure this new gen- thority it needs to regulate tobacco. I tobacco-related disease. eration of customers with blatant de- urge my colleagues to resist any I thank Senator DODD for his leader- ceptive advertising—promotions of amendments that will weaken this bill ship. I commend this bill to our col- candy-flavored cigarettes and adver- or add provisions that might stop it leagues. This is our moment in history. tising that is aimed directly at kids— from becoming a law. FDA regulation Let’s not miss it. Let’s seize this op- all the while they are loading their of tobacco products is long overdue. portunity to create protection for a lot products not just with tobacco leaf but I can recall arriving on Capitol Hill of young people who will otherwise find with chemicals. They put in extra nico- as a new Congressman years and years you are compromised by this deadly to- tine, incidentally. If there isn’t enough ago. In the first orientation meeting bacco product. nicotine naturally occurring in to- we had as new Democratic Congress- I yield the floor. bacco, they load it up so that your ad- men, one of the older Members of the f diction becomes stronger, your craving House came in, closed the door, and grows, and your body demands more said: I want to tell you something. CONCLUSION OF MORNING and more tobacco. It is time we put a When tobacco issues come up, we vote BUSINESS stop to this marketing and give the with the tobacco companies. That is The PRESIDING OFFICER. Morning Food and Drug Administration the au- for your friends in tobacco-producing business is closed. thority to regulate this industry. States. You give them a helping hand, There are 43 million Americans who and someday they may give you a help- f smoke today. People often say to me: ing hand. That is the way it works. FAMILY SMOKING PREVENTION Well, why don’t we just ban this prod- Well, that was one of the first things AND TOBACCO CONTROL ACT uct? If I thought that would end smok- we were told about being a Member of ing in America, I might consider it. Congress; tobacco was that important The PRESIDING OFFICER. Under But we know better. With 43 million on the political agenda. Certainly for the previous order, the Senate will re- Americans currently addicted, they are some Members from tobacco-producing sume consideration of H.R. 1256, which not going to quit cold turkey tomor- States, it may have been the most im- the clerk will report. row. A black market would emerge, portant thing that brought them to The bill clerk read as follows: and then the next thing you know the Capitol Hill. However, over the years, A bill (H.R. 1256) to protect the public underground economy would be sus- some of us wandered off of this agenda. health by providing the Food and Drug Ad- taining tobacco. That would not be the ministration with certain authority to regu- I offered an amendment to ban smok- late tobacco products, and to amend title 5, result we are looking for. ing on airplanes and had the opposition United States Code, to make certain modi- In my home State of Illinois, about of all of the leaders in the House of fications in the Thrift Savings Plan, the one out of five kids smokes. That Representatives, Democrat and Repub- Civil Service Retirement System, and the means that every year 65,000 kids in Il- lican. But it turned out that so many Federal Employees’ Retirement System, and linois try a cigarette for the first time, Members of the House flew in airplanes for other purposes. and almost 20,000 become regular daily and couldn’t stand this fiction of smok- Pending: smokers. These kids consume 34 mil- ing section and nonsmoking section Dodd amendment No. 1247, in the nature of lion packs of cigarettes a year. There that they supported my amendment. a substitute. are 8.6 million people in the United So over 20 years ago we banned smok- Schumer (for Lieberman) amendment No. States who currently suffer from to- ing on airplanes. 1256 (to amendment No. 1247), to modify pro- bacco-related disease. It is responsible FRANK LAUTENBERG was my cham- visions relating to Federal employees retire- for 90 percent of lung cancer deaths, pion over here in the Senate and to- ment. one-third of all cancer deaths, and one gether we started a Federal policy that The PRESIDING OFFICER. The Sen- in five deaths from cardiovascular dis- I might say kind of tipped one domino ator from Connecticut is recognized. ease. Approximately half of all con- over and people started saying if sec- Mr. DODD. Madam President, as I tinuing smokers will die prematurely ondhand smoke is dangerous on air- understand it, we are going to have a as a result of the disease. Sadly, in Illi- planes it is dangerous in other places. vote at 12:30. I ask unanimous consent nois, 317,000 kids alive today will even- That movement has grown in inten- the time between now and 12:30 be tually die from the smoking addiction sity. We have seen the kind of leader- equally divided between the minority which they started as kids. ship at local and State levels that has and majority. Here is what the bill does. We put continued to make it a potent force. The PRESIDING OFFICER. Without teeth in the law to restrict the mar- But today is our chance. As I men- objection, it is so ordered.

VerDate Nov 24 2008 00:01 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.017 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6407 (At the request of Mr. DODD, the fol- tobacco products are so deadly that we needs broad authority to regulate the lowing statement was ordered to be must empower America’s premier pub- sale, distribution, and advertising of printed in the RECORD.) lic health protector—the FDA—to com- cigarettes and smokeless tobacco. ∑ Mr. KENNEDY. Madam President, bat tobacco use. For decades the Fed- The tobacco industry currently later today, the Senate will vote to ap- eral Government has stayed on the spends over thirteen billion dollars prove legislation that should have been sidelines and done next to nothing to each year to promote its products. enacted years ago—authority for the deal with this enormous health prob- Much of that money is spent in ways FDA to regulate tobacco products, the lem. The tobacco industry has been al- designed to tempt children to start most lethal of all consumer products. lowed to mislead consumers, to make smoking, before they are mature It has been a long and arduous path false health claims, to conceal the le- enough to appreciate the enormity of with many political obstacles. Fortu- thal contents of their products, to the health risk. Four thousand chil- nately, the legislative journey is near- make their products even more addict- dren have their first cigarette every ing a successful conclusion. The House ive, and worst of all—to deliberately day, and 1,000 of them become daily of Representatives overwhelmingly addict generations of children. The al- smokers. The industry knows that passed a nearly identical bill earlier ternative to FDA regulation is more of nearly 90 percent of smokers begin as this spring. In May, the Senate HELP the same. Allowing this abusive con- children and are addicted by the time Committee approved the FDA Tobacco duct by the tobacco industry to go un- they reach adulthood. bill with the support of a strong bipar- checked would be terribly wrong. Documents obtained from tobacco tisan majority. On Monday, 61 Sen- Under this legislation, FDA will for companies prove, in the companies’ ators voted to invoke cloture on the the first time have the needed power own words, the magnitude of the indus- committee-passed bill. President and resources to take on this chal- try’s efforts to trap children into de- Obama is anxiously waiting to sign it lenge. The cost will be funded entirely pendency on their deadly product. into law. Passage of the legislation is by a new user fee paid by the tobacco Studies by the Institute of Medicine much more than a victory for those of companies in proportion to their mar- and the Centers for Disease Control us who have long championed this ket share. Not a single dollar will be show the substantial role of industry cause. It is a life saving act for the mil- diverted from FDA’s existing respon- advertising in decisions by young peo- lions of children who will be spared a sibilities. ple to use tobacco products. lifetime of addiction and premature Giving FDA authority over tobacco If we are serious about reducing death. products will not make the tragic toll youth smoking, FDA must have the The need to regulate tobacco prod- of tobacco use disappear overnight. power to prevent industry advertising ucts can no longer be ignored. Used as More than 40 million people are hooked designed to appeal to children wherever intended by the companies that manu- on this highly addictive product and it will be seen by children. This legisla- facture and market them, cigarettes many of them have been unable to quit tion will give FDA the authority to will kill one out of every three smok- despite repeated attempts. However, stop tobacco advertising that glamor- ers. Yet the Federal agency most re- FDA action can play a major role in izes smoking to kids. It grants FDA sponsible for protecting the public breaking the gruesome cycle that se- full authority to regulate tobacco ad- health is currently powerless to deal duces millions of teenagers into a life- vertising ‘‘consistent with and to the with the enormous risks of tobacco time of addiction and premature death. full extent permitted by the First use. Public health experts overwhelm- What can FDA regulation accom- Amendment.’’ ingly believe that passage of H.R. 1256 plish? FDA authority must also extend to is the most important action Congress It can reduce youth smoking by pre- the sale of tobacco products. Nearly can take to protect children from this venting tobacco advertising which tar- every State makes it illegal to sell deadly addiction. Without this strong gets children. It can help prevent the cigarettes to children under 18, but sur- congressional action, smoking will sale of tobacco products to minors. It veys show that many of those laws are continue at its current rate, and more can stop the tobacco industry from rarely enforced and frequently vio- than 6 million of today’s children will continuing to mislead the public about lated. FDA must have the power to ultimately die from tobacco-induced the dangers of smoking. It can help limit the sale of cigarettes to face-to- disease. smokers overcome their addiction. It face transactions in which the age of Smoking is the number one prevent- can make tobacco products less toxic the purchaser can be verified by identi- able cause of death in America. Nation- and less addictive for those who con- fication. This means an end to self- ally, cigarettes kill well over 400,000 tinue to use them. And it can prohibit service displays and vending machine people each year. That is more lives unsubstantiated health claims about sales. There must also be serious en- lost than from automobile accidents, supposedly ‘‘reduced risk’’ products, forcement efforts with real penalties alcohol abuse, illegal drugs, AIDS, and encourage the development of for those caught selling tobacco prod- murder, and suicide combined. genuinely less harmful alternative ucts to children. This is the only way The American Cancer Society, the products. to ensure that children under 18 are not American Heart Association, the Regulating the conduct of the to- able to buy cigarettes. American Lung Association, the Amer- bacco companies is as necessary today The FDA conducted the longest rule- ican Medical Association, the Cam- as it has been in years past. The facts making proceeding in its history, paign for Tobacco-Free Kids and presented in the Federal Government’s studying which regulations would most eighty-six other national public health landmark lawsuit against the tobacco effectively reduce the number of chil- organizations speak with one voice on industry conclusively demonstrate dren who smoke. Seven hundred thou- this issue. They are all supporting H.R. that the misconduct is substantial and sand public comments were received in 1256 because they know it will give ongoing. The decision of the Court the course of that rulemaking. At the FDA the tools it needs to reduce youth states: ‘‘The evidence in this case conclusion of its proceeding, the Agen- smoking and help addicted smokers clearly establishes that Defendants cy promulgated rules on the manner in quit. have not ceased engaging in unlawful which cigarettes are advertised and A landmark report by the Institute activity . . . Defendants continue to sold. Due to litigation, most of those of Medicine, released 2 years ago, engage in conduct that is materially regulations were never implemented. If strongly urged Congress to ‘‘confer indistinguishable from their previous we are serious about curbing youth upon the FDA broad regulatory author- actions, activity that continues to this smoking as much as possible, as soon ity over the manufacture, distribution, day.’’ Only strong FDA regulation can as possible; it makes no sense to re- marketing and use of tobacco prod- force the necessary change in their cor- quire FDA to reinvent the wheel by ucts.’’ porate behavior. conducting a new multiyear rule- Opponents of this legislation argue We must deal firmly with tobacco making process on the same issues. that FDA should not be regulating company marketing practices that tar- This legislation will give the youth ac- such a dangerous product. I could not get children and mislead the public. cess and advertising restrictions al- disagree more. It is precisely because The Food and Drug Administration ready developed by FDA the force of

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.018 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6408 CONGRESSIONAL RECORD — SENATE June 10, 2009 law, as if they had been issued under and addictive ingredients from ciga- used to mislead smokers into thinking that the new statute. Once they are in rettes, to the extent that it is scientif- those tobacco products are less harmful. And place, FDA will have the authority to ically feasible. The inherent risk in it would force the tobacco companies to sci- entifically prove any claims about ‘‘reduced modify these rules as changing cir- smoking should not be unnecessarily risk’’ products. cumstances warrant. compounded. Some have questioned whether FDA can The legislation also provides for Recent statements by several to- take on this important new task and wheth- stronger warnings on all cigarette and bacco companies make clear that they er it will have sufficient resources. Having smokeless tobacco packages, and in all plan to develop what they characterize thoroughly studied this issue, we believe print advertisements. These warnings as ‘‘reduced risk’’ cigarettes. Some are that the bill gives the FDA the resources it will be larger and more explicit in already on the market making unsub- needs to do the job properly; and, without question, the FDA is the right agency to im- their description of the medical prob- stantiated claims. This legislation will plement this new regulation because it has a lems which can result from tobacco require manufacturers to submit such public health mandate and the necessary sci- use. Each cigarette pack will carry a ‘‘reduced risk’’ products to the FDA for entific and regulatory experience. graphic depiction of the consequences analysis before they can be marketed. The Congress can change the course of this of smoking. The FDA is given the au- No health-related claims will be per- public health crisis by voting to enact your thority to change the warning labels mitted until they have been verified to legislation to provide FDA with authority over tobacco products. This is a strong bill periodically, to keep their impact the FDA’s satisfaction. These safe- and would significantly advance the public strong. guards are essential to prevent decep- health. The nicotine in cigarettes is highly tive industry marketing campaigns, Sincerely, addictive. Medical experts say that it which could lull the public into a false DONNA E. SHALALA, is as addictive as heroin or cocaine. sense of health safety. Only by pre- Former Secretary of Yet for decades, tobacco companies ve- venting bogus claims will there be a Health and Human hemently denied the addictiveness of real financial incentive for companies Services. DAVID KESSLER, their products. No one can forget the to develop new technologies that can Former Commissioner parade of tobacco executives who testi- lead to genuinely and verifiably safer of the Food and fied under oath before Congress that products. Drug Administra- smoking cigarettes is not addictive. This legislation will vest FDA not tion. Overwhelming evidence in industry only with the responsibility for regu- DAVID SATCHER, documents obtained through the dis- lating tobacco products, but with full Former Surgeon Gen- covery process proves that the compa- authority to do the job effectively. It is eral. nies not only knew of this long overdue. TOMMY G. THOMPSON, Voting for this legislation today is Former Secretary of addictiveness for decades, but actually Health and Human relied on it as the basis for their mar- the right thing to do for America’s Services. keting strategy. As we now know, ciga- children. They are depending on us. By JULIE L. GERBERDING, rette manufacturers chemically manip- passing this legislation, we can help Former Director of the ulated the nicotine in their products to them live longer, healthier lives. I Centers for Disease make it even more addictive. know that the Senate will not let them Control and Preven- An analysis by the Harvard School of down.∑ tion. Public Health demonstrates that ciga- Mr. DODD. There are over 1,000 orga- RICHARD H. CARMONA, rette manufacturers are still manipu- nizations that support H.R. 1256. I ask Former Surgeon Gen- eral. lating nicotine levels. Between 1998 and unanimous consent that some of these 2005, they significantly increased the letters of support be printed in the AMERICAN CANCER SOCIETY, nicotine yield from major brand-name RECORD. CANCER ACTION NETWORK, cigarettes. The average increase in nic- There being no objection, the mate- Washington, DC, May 18, 2009. otine yield over the period was 11 per- rial was ordered to be printed in the Hon. EDWARD M. KENNEDY, cent. RECORD, as follows: Chairman, Committee on Health, Education, The tobacco industry has a long dis- MARCH 26, 2009. Labor and Pensions, U.S. Senate, Wash- honorable history of providing mis- Hon. HENRY WAXMAN ington, DC. Chairman, Committee on Energy and Commerce, DEAR CHAIRMAN KENNEDY: On behalf of the leading information about the health volunteers and supporters of the American Rayburn House Office Building, Wash- consequences of smoking. These com- Cancer Society Cancer Action Network (ACS ington, DC. panies have repeatedly sought to char- CAN), the advocacy affiliate organization of DEAR CONGRESSMAN WAXMAN: We are writ- acterize their products as far less haz- ing to endorse the ‘‘Family Smoking Preven- the American Cancer Society, we thank you for your leadership on The Family Smoking ardous than they are. They made tion and Tobacco Control Act,’’ which you Prevention and Tobacco Control Act, S. 982. minor innovations in product design introduced on March 3, 2009. If enacted, this We fully support this legislation to give the legislation will make a significant contribu- seem far more significant for the U.S. Food and Drug Administration long- tion in our national campaign to reduce the health of the user than they actually needed authority to regulate the production, were. It is essential that FDA have harm caused by tobacco and to protect our marketing and sale of tobacco products. clear and unambiguous authority to children and public health. Every year, more than 400,000 Americans As you are aware, in the next 365 days, die from causes related to the use of tobacco prevent such misrepresentations in the more than 400,000 Americans will die pre- future. The largest disinformation products. The annual direct health care cost maturely from tobacco use and more than from tobacco use is $96 billion. Every day campaign in the history of the cor- 450,000 children, 12 to 17 years old, will be- 3,500 kids smoke their first cigarette and porate world must end. come regular, daily smokers and part of the each day 1,000 young people become regular Given the addictiveness of tobacco next generation of grim statistics. This year, smokers, one-third of whom will die pre- products, it is essential that the FDA under your leadership, the United States maturely as a result. regulate them for the protection of the Congress has an opportunity to bring about More than 1.4 million Americans will be di- public. Over 40 million Americans are fundamental change by enacting your legis- agnosed with cancer this year and more than currently addicted to cigarettes. No re- lation to regulate tobacco products and their 550,000 will lose their battle with the disease. marketing. sponsible public health official believes There will be 159,000 lung cancer deaths this The ‘‘Family Smoking Prevention and To- year. Smoking is responsible for 87 percent that cigarettes should be banned. A bacco Control Act’’ is the kind of tobacco of the deaths from lung cancer. ban would leave 40 million people with- regulation that makes sense and that is long Despite the overwhelming evidence of out a way to satisfy their drug depend- overdue. It would prevent the tobacco com- harm to public health and costs to the ency. FDA should be able to take the panies from marketing to children. It would health care system, tobacco products remain necessary steps to help addicted smok- require disclosure of the contents of tobacco virtually unregulated. In the absence of gov- ers overcome their addiction, and to products, would authorize FDA to require ernment intervention, the tobacco industry the reduction or removal of harmful ingredi- continues to market its deadly products to make the product less toxic for smok- ents, and would require FDA to promptly ad- children, deceive the general public about ers who are unable or unwilling to dress the complex issues raised by menthol the harm they cause, and fail to take any stop. To do so, FDA must have the au- tobacco products. It would prohibit terms meaningful action to make their products thority to reduce or remove hazardous like ‘‘light’’ and ‘‘low tar’’ which have been less harmful or less addictive.

VerDate Nov 24 2008 01:31 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.006 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6409 Your legislation would begin commonsense consequences of tobacco use on our patients’ Restrict advertising and promotions that oversight of the industry by giving FDA the health. Patients suffer from preventable dis- appeal to children and adolescents necessary authority and resources to regu- eases including cancer, heart disease, and Prohibit unsubstantiated health claims late the manufacturing, marketing, labeling, emphysema that develop as a result of the about so-called ‘‘reduced risk’’ tobacco prod- distribution and sale of tobacco products. use of a single product—tobacco. The evi- ucts that discourage current tobacco users The bill will give FDA authority to prevent dence is overwhelming concerning the health from quitting or encourage new users to tobacco advertising that targets children, risks of using tobacco products, particularly start prevent the sale of tobacco products to mi- when used over decades. Require the disclosure of tobacco product nors, identify and reduce the toxic constitu- Ninety percent of all adult smokers begin content and tobacco industry research about ents of tobacco products and tobacco smoke, while in their teens, or earlier, and two- the health effects of their products and regulate industry health claims about thirds become regular, daily smokers before Require larger and more informative the risks of tobacco products. they reach the age of 19. Each day, approxi- health warnings on tobacco products. This is strong and effective legislation mately 4,000 kids will try a cigarette for the Study and address issues associated with broadly supported by the public health com- first time, and another 1,000 will become menthol tobacco products munity. We assure you that ACS CAN will new, regular, daily smokers. As a result, one- We thank you for your continued leader- work vigorously to protect the approach you third of these kids will die prematurely. De- ship on this and other important public have taken and to see it enacted into law spite their assertions to the contrary, the to- health issues. We look forward to working this year. bacco companies continue to market their with you to ensure the legislation is passed Thank you again for your commitment to products aggressively and effectively to by the Senate and signed by the president this critically important and long overdue reach kids, who are more susceptible to ciga- this year. legislation. rette advertising and marketing than adults. Sincerely, Sincerely, Congressional action to provide the FDA GEORGES C. BENJAMIN, DANIEL E. SMITH, with strong and effective regulatory author- Executive Director. President. ity over tobacco products is long overdue. We applaud you for your leadership on CAMPAIGN FOR TOBACCO-FREE KIDS, AMERICAN LUNG ASSOCIATION, strong FDA regulation of tobacco and other Washington, DC, May 14, 2009. Washington, DC, May 14, 2009. critical public health issues. The AMA looks Senator EDWARD M. KENNEDY, forward to working with you and your col- Senator EDWARD M. KENNEDY, Chairman, Committee on Health, Education, Chairman, Committee on Health, Education, leagues to enact S. 982 and its companion in Labor and Pensions, U.S. Senate, Wash- Labor and Pensions, U.S. Senate, Wash- the House, H.R. 1256, into law. ington, DC. ington, DC. Sincerely, DEAR CHAIRMAN KENNEDY: We are very DEAR CHAIRMAN KENNEDY: The American MICHAEL D. MAVES. pleased that the Senate Committee on Lung Association commends the Senate Health, Education, Labor and Pensions will Committee on Health, Education, Labor and AMERICAN PUBLIC HEALTH ASSOCIA- next week undertake consideration of S. 982, Pensions for considering S. 982, the Family TION, the Family Smoking Prevention and To- Smoking Prevention and Tobacco Control Washington, DC, May 13, 2009. bacco Control Act, your legislation to give Act. Your legislation would finally give the Hon. EDWARD KENNEDY, the U.S. Food and Drug Administration U.S. Food and Drug Administration (FDA) Senate Committee on Health, Education, Labor (FDA) authority over tobacco products. On authority over tobacco products. and Pensions, Senate Dirksen Office Build- April 2nd, the House passed this legislation This legislation will provide the FDA with ing, Washington, DC. with a solid bipartisan vote of 298–112. We the authority to stop the tobacco companies DEAR CHAIRMAN KENNEDY: On behalf of the look forward to its passage by the Senate in from advertising to children, making mis- American Public Health Association the near future. leading health claims about their deadly (APHA), the oldest and most diverse organi- Tobacco use remains the leading cause of products and from manipulating their prod- zation of public health professionals and ad- preventable death in the U.S., killing more ucts to make them increasingly more addict- vocates in the world dedicated to promoting than 400,000 Americans each year and costing ive. FDA authority over manufactured to- and protecting the health of the public and our health care system an estimated $96 bil- bacco products will finally allow our nation our communities, I write in strong support lion annually. More than 1,000 kids become of S. 982, the Family Smoking Prevention to begin to take significant steps to reduce regular, daily smokers each day—and one- and Tobacco Control Act, legislation that the tobacco-caused death toll that claims third of them will ultimately die from their would give the Food and Drug Administra- more than 392,000 American lives each year addiction. Amazingly, tobacco products are tion (FDA) the authority to regulate tobacco and results in $193 billion annually in health virtually unregulated by the federal govern- products. In April, the House of Representa- care costs and lost productivity. ment. Tobacco products are exempt from The American Lung Association is grateful tives passed this legislation by an over- basic health regulations that apply to other to you for your leadership and we look for- whelming bipartisan majority and we are consumer products such as drugs, medical hopeful the Senate will move quickly to pass ward to working with you to ensure its pas- devices and foods. This special protection al- the bill. sage by the Senate in June. lows tobacco companies to market their According to the Centers for Disease Con- deadly and addictive products to children, Sincerely, trol and Prevention (CDC), tobacco use is re- CHARLES D. CONNOR, sponsible for about 438,000 deaths each year mislead consumers about the dangers of President and CEO. in the United States. In addition to this their products, and continue to manipulate staggering statistic, tobacco use costs more ingredients in order to make them more ad- Chicago, IL, May 11, 2009. than $96 billion each year in health care ex- dictive and attractive to children. There are more than 1,000 national, state Hon. EDWARD M. KENNEDY, penditures, and an additional $97 billion per Chairman, Health, Education, Labor, and Pen- year in lost productivity. Furthermore, 3,600 and local organizations that support this leg- sions Committee, U.S. Senate, Dirksen Sen- kids between the ages of 12 and 17 years ini- islation (the full list of supporting organiza- ate Office Building, Washington, DC. tiate cigarette smoking every day. In spite tions can be seen at: http://www DEAR SENATOR KENNEDY: On behalf of the of this, tobacco products remain virtually .tobaccofreekids.org/reports/fda/organiza physician and medical student members of unregulated. For decades, the tobacco com- tions.pdf) and both the President’s Cancer the American Medical Association (AMA), I panies have marketed their deadly products Panel and the Institute of Medicine support am writing to express our strong support for to our children, deceived consumers about Congress giving the FDA the authority to S. 982, the ‘‘Family Smoking Prevention and the harm their products cause, and failed to regulate the manufacture and marketing of Tobacco Control Act,’’ and to urge the Sen- take any meaningful action to make their tobacco products. ate Health, Education, Labor and Pensions products less harmful or less addictive. Your We applaud your leadership on this impor- (HELP) Committee to approve S. 982 during bill would finally end the special protection tant public health legislation and look for- its mark up of the bill. This legislation enjoyed by the tobacco industry and protect ward to working with you to ensure its pas- would give the Food and Drug Administra- our children and the nation’s health instead. sage by the full Senate. tion (FDA) the authority to regulate the This legislation meets the high standard Sincerely, manufacture, sale, distribution, and mar- established by the public health community MATTHEW L. MYERS, keting of tobacco products. The AMA firmly for FDA tobacco regulation. Importantly, President. believes that Congress must act this year to the bill would create FDA authority to effec- protect the public’s health by passing the tively regulate the manufacturing, mar- AMERICAN ACADEMY OF PEDIATRICS, Family Smoking Prevention and Tobacco keting, labeling, distribution and sale of to- Elk Grove Village, IL, April 29, 2009. Control Act. bacco products, including the authority to: Hon. EDWARD M. KENNEDY, Cigarette smoking remains the leading Stop illegal sales of tobacco products to U.S. Senate, preventable cause of death and disease in the children and adolescents Washington, DC. United States. Each year, tobacco use kills Require changes in tobacco products, such DEAR SENATOR KENNEDY: On behalf of the more than 400,000 Americans and costs the as the reduction or elimination of harmful 60,000 pediatricians, pediatric medical sub- nation nearly $100 billion in health care bills. chemicals, to make them less harmful and specialists and pediatric surgical specialists As physicians, we see daily the devastating less addictive of the American Academy of Pediatrics

VerDate Nov 24 2008 01:31 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.010 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6410 CONGRESSIONAL RECORD — SENATE June 10, 2009 (AAP), I would like to express our support votes on this matter. I had hoped we dren starting the habit. We know that for the Family Smoking Prevention and To- would have been able to consider some of that 3,000 to 4,000 who start smoking bacco Control Act (H.R. 1256), legislation to of the other amendments that were every day, 1,000 of them end up becom- protect child health by providing the Food and Drug Administration (FDA) with strong being offered. But as my colleagues, I ing addicted to the products. One in authority to regulate tobacco products. The think, are probably aware, one of the five high school students in my State bill made historic progress this year, passing amendments to be considered was an of Connecticut today smoke. I suspect in the House early in the session by an over- amendment offered by my colleague those numbers are probably fairly uni- whelming bipartisan majority of 292–112. We Senator LIEBERMAN. There was objec- form across the country. Of that num- urge the Senate to take up and approve FDA tion to that amendment coming up. As ber I have mentioned, the thousand tobacco legislation as soon as possible and a result, we could not reach an agree- who become addicted, about one-third oppose the alternative offered by Senators ment on allowing time for the other that number will die from smoking-re- Burr and Hagan. It is estimated that more than 3 million amendments to be considered, amend- lated illnesses. Four hundred thousand US adolescents are cigarette smokers and ments offered by Senator ENZI, Senator people every year lose their lives as a more than 2,000 children under the age of 18 BUNNING, Senator COBURN, and Senator result of tobacco-related illnesses. start smoking each day. If current tobacco HAGAN. Again, this is a self-inflicted wound. use patterns persist, an estimated 6.4 million In fact, an amendment offered by Obviously we have known this for a children will die prematurely from a smok- Senator ENZI—he and I reached an long time. The Surgeon General has ing-related disease. Smoking and exposure to agreement on that. It is regrettable warned for years, every scientific study second-hand smoke among pregnant women cause low-birth weight babies, preterm deliv- that we weren’t able to get to it. I hope that has been done has cautioned about ery, perinatal deaths and sudden infant we can fix it at another time. That is what happens if people develop the death syndrome. Other effects may include an example of what happened when we habit of smoking and the dangers asso- childhood cancer, childhood leukemia, child- couldn’t get unanimous consent to go ciated with it. We talk about loss of hood lymphomas and childhood brain tu- forward. Nonetheless, I hope the sub- life but there are also those who be- mors. Well over 30,000 births per year in the stitute will be adopted, cloture will be come debilitated through the contrac- United States are affected by one or more of invoked, and we can schedule a vote for tion of various diseases associated with these problems. The Family Smoking Prevention and To- final passage, as I believe we will, in smoking. bacco Control Act will provide the FDA with the next day. I apologize for making this case with broad new authority and resources to regu- This is important. A lot of work has numbers, but it is so important my col- late the manufacture, marketing, labeling, been done on this bill. As Senator DUR- leagues understand where we are and distribution and sale of tobacco products, in- BIN, our friend from Illinois, pointed how important this vote is, to be able cluding advertising. The marketing provi- out, this is work that has gone on for to do this. We are now already begin- sions include banning advertising near decades between Republicans and ning the debate about health care in schools and tobacco sponsorship of sporting events. The bill would require tobacco com- Democrats. It is a bipartisan bill. We the country. That debate is going to go pany disclosure of cigarette constituents as spent 2 days on markup, considering on for the next number of months. A well as larger and stronger health warnings amendments, adopting some, accepting major feature of the health care debate on cigarette packs. It would also give the some. That brought us to the position is prevention, to try to prevent people FDA the authority to regulate the amount of we are in today with this legislation. from getting the diseases that cost nicotine in cigarettes, ban flavored ciga- As I have said over and over again them and their families and our coun- rettes, and prevent the marketing of prod- over the last number of weeks as we try so much. What better way to take ucts labeled as ‘‘reduced harm.’’ This en- have considered this bill, this is an un- a step toward prevention than to deal hanced power can reduce tobacco use by ado- precedented action we will be taking, lescents and young adults, thus limiting the with an issue like smoking and tobacco number of people exposed to tobacco’s an historic moment in many ways. For products, which causes so many deaths health-compromising and life-threatening the first time ever in the history of our in our country, so many illnesses. risks. country, the 100-year-old regulatory In fact, if you take suicides, murders, The Academy opposes the alternative to- agency, the Food and Drug Administra- AIDS, alcohol-related deaths, auto- bacco regulation legislation offered by Sen- tion, which regulates all the food and mobile accidents, drug-related deaths, ators Burr and Hagan titled the Federal To- products we ingest and consume as and combine all of them, they do not bacco Act of 2009 (S. 579). It does not provide Americans, will now for the first time equal the number of fatalities that the protections necessary to protect children from the harms of tobacco. Rather than be allowed to regulate tobacco prod- occur every year as a result of the use place tobacco regulatory authority in the ucts. of tobacco products. FDA, S. 579 would create a new and untested The FDA, the Food and Drug Admin- If we are truly interested in making bureaucracy to do the job. The bill does not istration, as I pointed out, not only real headway on prevention, what bet- contain the strong marketing or labeling regulates the food we humans consume ter way than to begin to deal with the provisions necessary to prevent our nation’s but also pets—cat food, dog food, bird issue of marketing and sale of tobacco youth from starting a lifelong addiction to feed, hamsters—all those products have products to young people. That is what tobacco. The Federal Tobacco Act would also to be approved by the FDA. One prod- a major part of this bill does. mistakenly assure tobacco users of the safe- uct we have not been able to legislate We also provide help to the producing ty of so-called ‘‘reduced-risk’’ tobacco prod- ucts, give the tobacco industry a voice in sci- because of opposition from the tobacco States because we recognize that for entific decision making, and prevent man- industry is tobacco products. We are farmers in these States, this will be a dating meaningful changes in tobacco prod- about to change that. My hope is with major adjustment for them economi- uct ingredients. We urge the Senate to op- a vote today and tomorrow, and then cally. This bill accommodates that as pose this alternative and swiftly pass FDA agreement with the House, the Presi- well. tobacco legislation. dent will be in a position to sign the I say to my friends on the other side, Thank you for your dedication to the legislation that will, first, give the particularly, those who have offered— health and well-being of children. We look want to offer some of these amend- forward to working with you to pass this im- Food and Drug Administration the op- portant legislation. portunity to regulate these products ments, we didn’t have a chance to con- Sincerely, and, as important, to determine and sider some of them, but I want them to DAVID T. TAYLOE, Jr., set guidelines and regulations dealing know it was not objection on this side President. with the sale and marketing to young to that at all. There were objections to Mr. DODD. Let me take a couple of people. the Lieberman amendment going for- minutes. I know my colleague and It has been said, I know, over and ward that created this problem. But, friend from Wyoming, Senator ENZI, is over again, maybe not often enough, nonetheless, the work that has been coming to the floor as well. I think 3,000 to 4,000 children begin smoking done on this bill I think is deserving of Senator COBURN is going to be here to every day in America. Every day we our support. It is worthy of our unani- make a point of order. I will keep an delay having the FDA take on this re- mous adoption. eye out so I do not exceed the time. sponsibility and begin controlling the As I said over and over again, if you I want to point out to my colleagues marketing and sale of these products, were to collect all of the adult smokers that this is now down to the last few we run the risk of more and more chil- in the country—and 90 percent of adult

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.012 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6411 smokers began as children, by the there are some important points that products, in order to ensure that con- way—but if you asked all of them their have to be made on it. sumers are better informed of the pos- opinion on whether we ought to do I yield the floor. sible risks, addictive qualities, and ad- something about marketing these prod- CHARACTERIZING FLAVOR verse health effects of these products. ucts to children, I would be willing to Mr. LAUTENBERG. Madam Presi- In addition, this legislation will create venture a guess that 98 percent of adult dent, recent attempts by the tobacco more transparency and, as in many smokers, if they could speak with one industry to sell and market candy-fla- other consumable goods, tobacco man- voice today, would tell us to pass this vored cigarettes are a real threat to ufactures will be required to list all in- bill. The last thing a parent who our Nation’s children. With flavors gredients included in their tobacco smokes wants is their children to start such as cherry, grape, and strawberry, products. This bill also gives the FDA smoking. They know the hazards, they these cigarettes are intended to get our the ability to set quality criteria for know the damage, they know the children addicted to a deadly product tobacco products, prohibit cigarettes heartache that comes with the ill- that kills more than 400,000 people a containing any flavoring other than to- nesses associated with these products. year. The Family Smoking Prevention bacco or menthol, as well as require On behalf of all parents in the coun- and Tobacco Control Act section 907 the FDA approval for all labels before try, smokers and nonsmokers, let us prohibits the use in cigarettes of fla- being put on the market. adopt this legislation and take a major vors, herbs, spices, such as strawberry In 2005, cigarette manufactures spent more than $13 billion to attract new step in dealing with the dreaded health grape, orange, clove and cinnamon, users, retain current users, and in- problems associated with tobacco prod- when used as a ‘‘characterizing flavor’’ crease consumption. Children espe- ucts. of the tobacco product or smoke. I ap- cially are exposed to tobacco adver- I see my colleague from Wyoming so plaud you along with Senator KENNEDY tising, seeing tobacco use glorified in let me stop here and give him the re- for prohibiting these products. movies, and advertisements and spon- mainder of the time he needs to com- Mr. DODD. As you know, most new sorship of sporting events. This adver- ment on this. I thank him and his staff smokers start as children. Every day, tising misleads users, children and who have been working on this. I am a approximately 3,500 kids will try a cig- adults, to believe products are healthy, late arrival. He worked with Senator arette for the first time, and another for example, ‘‘light’’ or ‘‘low-tar’’ des- KENNEDY on this problem long before I 1,000 will become new, regular daily ignations. Our Nation stands to benefit was directly involved with it. I thank smokers. We should do everything pos- greatly from this legislation, both in him for his work. sible to protect our children from the The PRESIDING OFFICER. The Sen- quality of life and revenue saved. The dangers of smoking. diseases and deaths caused by smoking ator from Wyoming is recognized. Mr. LAUTENBERG. However, it is are preventable, and every person has a Mr. ENZI. I thank the Senator from my understanding that the language in stake in the issue, whether they smoke Connecticut, Senator DODD, who is section 907 is not meant to prohibit the working as chairman on this com- or not. use of any specific ingredient that does I was disappointed in 1998 when the mittee, for his passion, enthusiasm, not produce a ‘‘characterizing flavor’’ Fourth U.S. Circuit Court of Appeals and for listening to us. We do have a in a cigarette or its smoke; is that cor- decided in Brown & Williamson To- few things that are in the bill, but rect? bacco Corporation v. Food and Drug there are several other things that Mr. DODD. The Senator from New Administration, FDA, that the FDA ought to be considered. We want the Jersey is correct. While the term did not have the authority under exist- bill to be as good as possible. When we ‘‘characterizing flavor’’ is undefined in ing law to regulate tobacco as an ad- do cloture, we cut off that possibility. the legislation, it is intended to cap- dictive drug, and I am pleased the I have a couple amendments that I ture those additives that produce a dis- Family Smoking Prevention and To- think, if they were addressed—I know tinguishing flavor, taste, or aroma im- bacco Control Act will take steps to one is kind of accepted on both sides, parted by the product. Nothing in this address this lack of regulation. This but we cannot get them in. That is a section is intended to expressly pro- bill has the support of over 1,000 orga- frustration. We should not be having hibit the use of any specific ingredient nizations and deserves our support. frustrations on something as impor- that does not fall into this category. Mr. CARDIN. Mr. President, I regret tant as this bill. It is important that Mr. LAUTENBERG. I thank the Sen- that the Senate was unable to reach an we stop kids from starting smoking ator for this clarification. agreement with regard to consider- and that we get people already smok- Mr. LEVIN. Madam President, I am ation of the amendment which Sen- ing to stop smoking. It is adding to the pleased the Senate is taking up the ators LIEBERMAN, AKAKA, COLLINS, and health care bills of all of us. It is a cost Family Smoking Prevention and To- VOINOVICH offered to H.R. 1256. The shift we are experiencing. It is not good bacco Act which will save hundreds of amendment, which was ruled non- for their health. Then there are family thousands of lives and more than $155 germane, reformed several Federal em- members who are having secondary billion in health care costs every year. ployee retirement provisions. It made smoke. People do not realize the prob- Currently, there are more than 44 mil- changes to benefit computation rules lems they are giving to their family lion smokers, of which 90 percent began for certain Federal employees, includ- members by doing that. smoking before the age of 18. Tobacco ing the ability to count sick leave and I do oppose cloture today. There are is a product that is responsible for part-time service, and it authorized several amendments I would like to 440,000 deaths each year, is the leading Federal agencies to reemploy Federal offer. They are all germane amend- cause of preventable death, and yet, is pensioners on a part-time basis. ments. I am glad they were germane not regulated. I cosponsored this amendment. Its amendments. We have been trying to The Family Smoking Prevention and importance particularly resonates with reach an agreement on offering these Tobacco Control Act will go a long way me as a large number of Federal em- amendments but it has been without in regulating tobacco products, and ployees work and reside in my home any success, and if we invoke cloture will make it less likely that a child State of Maryland. But that is not why we will not have a chance to consider will establish a dependence on tobacco I cosponsored it. I cosponsored the any of these amendments. products. In the United States alone, amendment because it was the right I hope we have a way to give these every day approximately 3,000 minors thing to do for all of America’s Federal amendments serious consideration. If take up smoking. Simply reducing the employees. we cannot, I have to oppose cloture and use of tobacco by these minors by even The Lieberman amendment would I ask my colleagues to do the same. I 50 percent will prevent more than 10 have extended to employees under the think we can get it worked out in a rel- million children from becoming habit- Federal Employees’ Retirement Sys- ative hurry but not unless the train ual smokers, saving over 3 million of tem certain benefits which already stops for a moment, a little hesitation them from premature death due to to- apply to employees under the older here. bacco related disease. Civil Service Retirement System. This I want to get this bill done. I am hop- It is critical that the FDA gain regu- bipartisan amendment had the poten- ing we can complete it. But I think latory authority over tobacco related tial to affect the lives of hundreds of

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.020 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6412 CONGRESSIONAL RECORD — SENATE June 10, 2009 thousands of Federal employees who Senate the pending cloture motion, a strong bipartisan vote on this issue, work hard every day, many at modest which the clerk will report. and it allows us now to get to the final pay grades, only to find that their ben- The legislative clerk read as follows: passage. We have had about, I think, efits do not mirror those of their col- CLOTURE MOTION three cloture votes on this bill. If we leagues in the same positions. We, the undersigned Senators, in accord- followed the regular order, the vote We had an opportunity to send an im- ance with the provisions of rule XXII of the would occur at 6:05 a.m. tomorrow portant message to America’s Federal Standing Rules of the Senate, hereby move morning. I am sure the leader will not workers by bringing up this amend- to bring to a close debate on Calendar No. 47, make us do that, but that may be the ment. We had an opportunity to give H.R. 1256, Family Smoking Prevention and price you pay for all the cloture votes them additional incentives to continue Tobacco Control Act. we have had to go through. But some- the missions they pursue on behalf of Harry Reid, Christopher J. Dodd, Robert time tomorrow the vote will occur, and all of us, to demonstrate that Congress P. Casey, Jr., Debbie Stabenow, Blanche L. Lincoln, Patty Murray, Ron the leadership will obviously decide still cares about doing what is right when. and fair. I regret we were unable to Wyden, Jack Reed, Sheldon Whitehouse, Maria Cantwell, Roland Let me again thank Senator ENZI and consider this amendment because of W. Burris, Richard Durbin, Mark Udall, his staff and Senator KENNEDY and his the objections of a minority of Sen- Edward E. Kaufman, Tom Harkin, Ben- staff. They have gone back many years. ators. jamin L. Cardin, Bill Nelson. I am a place-holder on this. I hope our I commend Senator LIEBERMAN and The PRESIDING OFFICER. By unan- friend from Massachusetts is watching the other Senators who worked so dili- imous consent, the mandatory quorum this because he battled 10 years to get gently on this amendment. We will call is waived. The question is, Is it the us to this point. have other opportunities. I pledge my If we can make a dent in those 3,000 continued support for America’s Fed- sense of the Senate that debate on H.R. to 4,000 kids who start smoking every eral employees, just as they continue 1256, Family Smoking Prevention and day—the estimates are 11 percent will to work for America each and every Tobacco Control Act, shall be brought day. to a close? not start smoking because of what we The PRESIDING OFFICER. The Sen- The yeas and nays are mandatory are about to do on this bill. If we can ator from Illinois is recognized. under the rule. The clerk will call the make a difference in those 400,000 who Mr. DURBIN. Madam President, on roll. lose their lives every year and those behalf of Senator LIEBERMAN I ask The legislative clerk called the roll. who contract emphysema and related unanimous consent, notwithstanding Mr. DURBIN. I announce that the illnesses, this may be the most impor- rule XXII, that I be permitted to call Senator from West Virginia (Mr. BYRD) tant prevention step we take in the up amendment No. 1290 and that the and the Senator from Massachusetts short term on our health care efforts. amendment be modified with the (Mr. KENNEDY) are necessarily absent. So for my colleagues on both sides of changes at the desk; that once this The PRESIDING OFFICER (Mrs. the aisle who have made this possible, modification is made, amendment No. HAGAN). Are there any other Senators this is a moment they can take great 1256 be withdrawn. in the Chamber desiring to vote? satisfaction in having made a signifi- The PRESIDING OFFICER. Is there The yeas and nays resulted—yeas 67, cant contribution to the well-being of objection? nays 30, as follows: Americans. I thank all of them for that Mr. DEMINT. I object. I make a point [Rollcall Vote No. 206 Leg.] and urge a strong vote tomorrow for of order that the pending Lieberman YEAS—67 the passage of the legislation. Then we amendment is not germane. will work out—and we may not have to The PRESIDING OFFICER. Objec- Akaka Grassley Murray Baucus Gregg Nelson (NE) work out differences with the House— tion is heard. The point of order is well Bayh Harkin Nelson (FL) but if we do, we will then send this bill taken. The amendment falls. Begich Hutchison Pryor to the President for his signature, Under the previous order, the sub- Bennet Inouye Reed Bingaman Johanns hopefully in the next few days. For the stitute amendment is adopted. Reid first time in the history of our coun- The amendment (No. 1247) was agreed Boxer Johnson Rockefeller Brown Kaufman Sanders try, the Food and Drug Administration to. Burris Kerry Schumer will be able to regulate tobacco prod- Cantwell Klobuchar Mr. DODD. The pending matter will Shaheen Cardin Kohl ucts, and that is a major achievement be a vote at 12:30, in a few minutes, on Snowe Carper Landrieu for our country’s children. the cloture motion, is that correct? Specter Casey Lautenberg With that, Madam President, I thank The PRESIDING OFFICER. The Sen- Stabenow Collins Leahy my colleagues again and suggest the ator is correct. Conrad Levin Tester Mr. DODD. We will go to the vote Corker Lieberman Thune absence of a quorum. right away. I appreciate the comments Cornyn Lincoln Udall (CO) The PRESIDING OFFICER. Will the Dodd Lugar Udall (NM) of my friend from Wyoming. I wish the Senator withhold his request? Dorgan McCaskill Warner Mr. DODD. Madam President, I with- RECORD to note there were no objec- Durbin Menendez Webb tions on this side to any of the amend- Feingold Merkley Whitehouse hold that request. Feinstein Mikulski Wyden The PRESIDING OFFICER. The Sen- ments being offered, the germane Gillibrand Murkowski amendments. My friend from Wyoming ator from Ohio. Mr. VOINOVICH. Madam President, I is absolutely correct. I regret that, NAYS—30 that we didn’t have an opportunity to Alexander Crapo Martinez ask unanimous consent to be able to Barrasso DeMint McCain speak as in morning business for 20 debate those, but let me say there may Bennett Ensign McConnell be a time and opportunity for us to minutes. Bond Enzi Risch The PRESIDING OFFICER. Without deal with these on other vehicles as Brownback Graham Roberts objection, it is so ordered. well, but my hope is we can invoke clo- Bunning Hagan Sessions ture and move forward. Burr Hatch Shelby SAFE COMMISSION ACT Chambliss Inhofe Vitter Mr. VOINOVICH. Madam President, I I am prepared to yield back the time Coburn Isakson Voinovich and proceed to the vote. Cochran Kyl Wicker rise today to again call attention to the irresponsible and reckless fiscal The PRESIDING OFFICER. The NOT VOTING—2 question is on the engrossment of the path we find ourselves on as a nation amendment and third reading of the Byrd Kennedy and to urge my colleagues to act now bill. The PRESIDING OFFICER. On this to take the first step toward meaning- The amendment was ordered to be vote, the yeas are 67, the nays are 30. ful, comprehensive tax and entitlement engrossed, and the bill to be read a Three-fifths of the Senators duly cho- reform through the enactment of the third time. sen and sworn having voted in the af- Securing America’s Future Economy The bill was read the third time. firmative, the motion is agreed to. Commission Act, which I introduced CLOTURE MOTION The Senator from Connecticut. with Senator JOE LIEBERMAN. The PRESIDING OFFICER. Pursuant Mr. DODD. Madam President, I wish I urge my colleagues to take the time to rule XXII, the Chair lays before the to thank my colleagues. This is, again, to read a recent letter from Senator

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.040 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6413 LIEBERMAN and I urging their support close to 100 percent of our GDP on our Federal spending; and secondly, that if we of this legislation. national debt. I call this the Pac Man were on that path in the future and some- The SAFE Commission has broad bi- that is eating up our revenue—particu- thing like we are experiencing today oc- partisan support outside of Congress, curred, we would have much less maneu- larly the interest. We are going to pay vering room to fight those fires, because we including the Peter G. Peterson Foun- money that could be used for other will have already depleted the fire truck. dation, the Business Roundtable, the things. And I am disappointed that as OMB Concord Coalition, the National Fed- Alarmingly, the figures I just men- Director he has forgotten his commit- eration of Independent Business, the tioned do not count our accumulated, ment to entitlement and tax reform he Brookings Institution and the Heritage long-term financial obligations. The so boldly and loudly called for when he Foundation—I think if you get the Peterson Foundation recently pointed was CBO Director. You would think a Concord Coalition and the Heritage out that the Federal Government has change in title would not cause such a Foundation to support a piece of legis- accumulated $56.4 trillion in total li- memory loss on as important an issue lation, it has to be pretty bipartisan abilities and unfunded promises for as the financial health of our country. and fair—and also the Committee for a Medicare and Social Security as of To me, it can only mean one thing: Responsible Federal Budget. All of September 30, 2008. That works out— that Peter Orszag’s boss, President these organizations back the SAFE listen to this—to $483,000 per American Obama, must not be serious about ad- Commission concept as the way to household or $184,000 for every man, dressing the growing national debt or, tackle tax reform and our entitlement woman, and child in the country to pay worse, does not understand our fiscal crisis. for these unfunded obligations. In crisis or, even worse than that, that he I say to the Presiding Officer, as you other words, we have $56.4 trillion in just does not care. may know, recently Chinese Prime total liabilities and unfunded promises Just last Friday, the Washington Minister Wen Jiabao publicly voiced for Medicare and Social Security. It is Post ran an opinion piece taking the his concern about the security of the an unfunded liability. If you look at it administration to task for lacking a ‘‘huge amount of money’’ China has in- per household, it is $483,000 per house- plan on just how we start to dig our vested in the United States, saying, hold, and if you look at it per indi- country out of this financial crisis. The ‘‘To be honest, I am definitely a little vidual, for every man, woman, and article details Treasury Secretary worried.’’ He then went on to call on child in the United States, it is Geithner’s trip to Beijing 2 weeks ago, the United States to ‘‘maintain its $184,000. where he went to reassure China—the good credit, to honor its promises and To be completely fair to President world’s largest holder of our Treasury to guarantee the safety of China’s as- Obama, our annual deficit and growing debt, as I mentioned—that lending sets.’’ I hope this frightens you as national debt have been problems for money to the U.S. Government is still much as it frightens me. China is the some time now. And, folks, I have come a wise thing to do. largest foreign creditor of the United to the floor of the Senate time and Mr. Geithner insisted that: States, holding an estimated $1 trillion time again to talk about paying down In the United States, we are putting in in U.S. Government debt. Though it place the foundations for restoring fiscal sus- debt, balancing our budget, and so tainability. may be unlikely due to the complex forth. In a moment that all Americans interdependent relationship we have To my knowledge, President Bush should consider a wake-up call, Mr. with China, if China were to call in never once mentioned the debt in any Geithner was met with laughter— that debt, sell off its holdings, or direct one of his State of the Union Addresses its foreign investments away from the laughter—when he told a group of Chi- to Congress. But under the Obama ad- nese students that their country’s as- United States, the impact on our econ- ministration, we have exacerbated the omy and our national security would sets were very safe in Washington. problem with an Omnibus appropria- Madam President, I ask unanimous be devastating. I have been saying for tions bill that includes $408 billion in consent to have printed in the RECORD years that we cannot allow countries nonemergency funding, a $787 billion this Washington Post article. The title that control our debt to control our fu- stimulus bill, and a 10-year proposed of it is ‘‘No Laughing Matter, Why the ture. budget where the lowest deficit for a U.S. needs to get serious now about The fact is foreign creditors have single year is larger than any annual long-term budget deficits.’’ provided 70 percent of the funds the deficit from the end of World War II to There being no objection, the mate- United States has borrowed since 2001. President Obama’s inauguration. rial was ordered to be printed in the As a result, 51 percent of the privately I know we are going through some RECORD, as follows: owned national debt is held by foreign tough times. Over the past year, we creditors—mostly foreign central [From the Washington Post, June 5, 2009] have been hit by an economic ava- NO LAUGHING MATTER banks. That is going to be increased lanche that started in housing, spread significantly because of all the bor- The Obama administration inherited from to the financial and credit markets, its predecessor both a tanking economy and rowing we are doing. These lenders are and then continued onward to every a huge federal budget deficit. Under the cir- starting to express significant concerns corner of our economy. I know it well. cumstances, it cannot be faulted for increas- about the status of our fiscal situation. I am a Senator from Ohio. We are ing the deficit in the short run, because a To be frank, they should be concerned. spending money to get out of this eco- mammoth recession called for fiscal stim- Our spending is out of control. As a nomic mess, but we cannot allow that ulus. Thus, it is neither surprising nor irre- versibly dangerous that the total federal result, our debt is skyrocketing. When to be an excuse to continue our reck- I arrived in the Senate in 1999, gross debt held by the public looks as if it will less fiscal path. We have to start find- reach 57 percent of gross domestic product national debt stood at $5.6 trillion, or ing ways to work harder and smarter by the end of fiscal 2009 on Sept. 30—well 61 percent of our GDP. The Obama ad- to do more with less. It does not take above the previous four decades’ average of ministration recently projected the na- an economist to realize our course is about 40 percent. What is more alarming is tional debt to more than double to $12.7 unsustainable. I know it, the Obama that, barring major spending cuts or tax in- creases, President Obama’s budget could trillion by the end of fiscal year 2009. administration knows it, the American From 2008 to 2009 alone, the Federal drive that figure to 82 percent by 2019, ac- people know it. cording to the Congressional Budget Office. debt will increase 27 percent, boosting The Obama administration knows we We are already getting a taste of the prob- the country’s debt-to-income ratio—or can no longer ignore this crisis. Peter lems that could develop if the president and national debt as a percentage of GDP— Orszag, whom I consider a friend, the Congress do not address this soon. Since the from 70 percent last year to 89 percent Obama administration’s OMB Director, end of last year, the interest rate on 10-year Treasury notes has gone up from 2 percent to this year. has even said: As shown on this chart, here is where over 3.5 percent. That number is within his- we were back when I came to the Sen- I don’t want to sound like the boy crying torical norms; indeed, Treasury rates prob- wolf, but it is a fact that, given the path that ably had been artificially depressed during ate in 1999. In 2008, last year, the na- we are on, two things: One is we will ulti- the financial panic of the fall. But the spike, tional debt as a percentage of GDP was mately wind up with a financial crisis that is which will cost the government tens of bil- 70 percent. Today, it is at 89 percent. substantially more severe than even what we lions of dollars, also reflects mounting inves- You can see we are going to be very are facing today if we don’t alter the path of tor concern—at home and, especially,

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.033 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6414 CONGRESSIONAL RECORD — SENATE June 10, 2009 abroad—about the U.S. fiscal situation. If Today, I am reiterating my call for going to have to face up to the fact government borrowing costs continue to ac- President Obama and Congress to enact that the people of America are really celerate, they could kill economic growth for the first pillar of meaningful tax and worried—and so are the people of the years to come. It was a sign of the times that Treasury entitlement reform through the enact- world—about us doing something about Secretary Timothy F. Geithner had to travel ment of the SAFE Commission Act. I tax reform and entitlement reform. to Beijing this week to reassure China, the am asking my colleagues and their Wouldn’t it be great—I mean, if I world’s largest holder of Treasury debt, that staffs to step up and look at this legis- were the Governor, as I was for 8 years lending money to the U.S. government is lation and read the ‘‘Dear Colleague’’ in Ohio, and somebody said: Governor, still a wise thing to do. Mr. Geithner insisted letter Senator LIEBERMAN and I sent you know what. You have a real prob- that, ‘‘in the United States, we are putting this last week with materials from the lem. And what we are going to do is, we in place the foundations for restoring fiscal are going to put a commission together sustainability.’’ To be sure, China doesn’t Peterson Foundation. Those materials, for a Senator or for staff members, lay on a bipartisan basis, and we are going have many good alternatives to parking its to come back with recommendations to massive trade surpluses in dollars. But it out what I am talking about today. In does have some, including commodities and addition, there is a DVD that is called get the job done—I would kiss them the debt of more fiscally prudent European IOUSA that was put together by the and say: Wonderful. I could kind of for- governments. In a moment that all Ameri- Peterson Foundation. I think it takes get about it, except for the two people cans should consider a wake-up call, Mr. about an hour to look at it, but I don’t in the administration who were work- Geithner was met with laughter when he ing on it. If they came back with a bi- know of anything that is out there told a group of Chinese students that their partisan solution, wow. Get it through today that depicts our financial crisis country’s assets were ‘‘very safe’’ in Wash- Congress and we deal with the sub- as well as that DVD does. ington. stantive problem and we get a big po- The chairman of the Federal Reserve, Ben The SAFE Commission we are talk- S. Bernanke, was considerably more deco- ing about would create a vehicle, much litical problem off our plate just before rous than the Chinese students in testimony like we do for the BRAC process, to going into the next Presidential elec- before Congress on Wednesday but, in es- take on the tough issues of Social Se- tion. So I just hope there is some more sence, only slightly less skeptical. ‘‘Even as thought being given by the administra- curity, tax reform, and creating, by a we take steps to address the recession and tion, more thought given by the Con- vote of 13 out of 20 members—there threats to financial stability,’’ he said, gress. ‘‘maintaining the confidence of the financial would be 20 members on the Commis- We all say: Oh, yes, we are concerned markets requires that we, as a nation, begin sion; 2 of them would be from the ad- about the national debt. We have to do planning now for the restoration of fiscal ministration, but it would take 13 out balance.’’ something about it. But when you go of 20—and if you have 13 out of 20, the home, what are you going to point to Mr. Bernanke did not say explicitly that recommendations would be fast- there is no such plan in Mr. Obama’s budg- for the people, your constituents? What et—at least not according to the CBO, whose tracked through a special process and are you going to point to and say: I am estimates of the president’s budget show an- brought to the floor of both Chambers. sincere about this; I want to do some- In other words, we would give it ex- nual deficits lingering indefinitely above 4 thing about it. Then they are going to percent of GDP. Nor did he point out that pedited procedure and then we would ask you: Well, what did you do? One of Congress has yet to come up with credible fi- have to either vote up or down, just as the things you can do is say: I sup- nancing for the president’s desirable but ex- we do on the BRAC process. It would pensive health care proposal. He did not say ported a bipartisan commission. They break the logjam in Washington and are going to go to work during the next that Mr. Obama and Congress have done show the American people and the nothing so far to deliver on the president’s year. They are going to come back pledge of entitlement reform. But if the Fed world that we are serious about getting with recommendations, and this is the chairman had said those things, he would this Nation back on track. way we can deal with the problem that For the life of me, I cannot under- have been absolutely right. is going to be such a burden on the fu- Mr. VOINOVICH. Madam President, stand why President Obama doesn’t ture of our country. this week, as you know, President support this concept. I know he is get- I came here in 1999, and one of the Obama announced a plan to reenact ting a hard time from Speaker PELOSI reasons I came here was to deal with statutory pay-as-you-go, pay-go. Now, and from several other Members in the our deficits and with reducing our na- what is ‘‘pay-go’’? Pay-go basically is House of Representatives, although tional debt. I am going to be leaving this: If you want to spend more money, STENY HOYER is in favor of the commis- this place at the end of next year. I you either have to find other spending sion approach to solving our entitle- have three children, and I have seven you are going to reduce or, in the alter- ment and tax reform crisis. We all grandchildren. I happen to believe that native, you are going to have to raise know we can’t get this done through just like the pages who are here today taxes to pay for it. the regular order of business. We know in this room, they are going to have to Unfortunately, the President’s plan it. We would not be able to get it done. work a lot harder, work a lot harder exempts things like the 2001–2003 tax The proof of it is we haven’t been able than I do in order to maintain the cuts, patching the alternative min- to do it thus far, so we are going to standard of living that I have been able imum tax, updating physicians’ pay- need the Commission. Everybody un- to have because the competition in the ments in Medicare—and last but not derstands we are going to need it. world today is a lot keener than it was least, modifying the estate tax. These I know the President wants to move 15 or 20 years ago. They are just going expenses would be exempt from pay-go. on climate change. But he has to know to have to work harder than they have Folks, I believe this is intellectually that from a substantive point of view ever had to work before to maintain dishonest. This does not reflect the and a political point of view, he is the kind of standard of living that we high standards the President has set going to have to do something about would like to have for them and for my for his administration. In my opinion, this long-term financial crisis in which children and grandchildren. But if you it is more like the smoke and mirrors we found ourselves. It would seem to think about it, if we don’t deal with of the past that got us into the mess we me he could go forward with climate this problem I am talking about today, find ourselves in today. change, he could go forward with we are going to lay on their backs Maya MacGuineas, president of the health care reform, and get the Com- taxes that will break the bank. Committee for a Responsible Federal mission formed. It will take the Com- So we put them in a position where Budget, puts it like this: mission at least a year to finish its they are going to have to work harder It is like quitting drinking— business. to maintain a decent standard of liv- She was referring to the President’s Think of this: If the Commission is ing. Then, what we are saying to them pay-go announcement. Here is what she able to get 13 out of 20 members to is, we are going to let you pay for those says— come back with a bipartisan solution things that we weren’t willing to do to dealing with tax reform and entitle- It is like quitting drinking, but making an without or pay for on our own. To me, exception for beer and hard liquor. Exempt- ment reform, that would be wonderful. that is absolutely immoral. It is abso- ing these measures from pay-go would in- It would take that issue off the Presi- lutely immoral. crease the 10-year deficit by over $2.5 tril- dent’s plate. In other words, sooner or One of the things I would hope is— lion. That’s not fiscal responsibility. later, our President and his party are and I feel like a broken record, but I

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.040 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6415 would hope that the Holy Spirit would billion with a ‘‘b’’—over the next 10 and others in that important area. We somehow enlighten us to face up to years if reimportation were enacted. So have been focused on two things, in this very serious responsibility, one we have a true bipartisan issue which particular, that can make a huge dif- that if we don’t face up to, will have a has true consensus support in the Sen- ference. devastating impact on the future of our ate, in the House, and in the adminis- First, we need to clear up certain country and our children and grand- tration, which can save all of us and loopholes, quite frankly, in the law children. our health care system $50 billion. that allowed drug companies to make I yield the floor, and I note the ab- Let’s act. Surely, this is a recipe for labeling changes when their patent sence of a quorum. something we can act strongly on and protection is about to run out, when The PRESIDING OFFICER. Will the produce positive results. generic was about to be open to go on Senator withhold his request? So what is going on? Well, I am the market. They were able to make Mr. VOINOVICH. Yes, I will. afraid what is going on is exactly what slight labeling changes to extend that Mr. VITTER. Madam President, I ask my colleague, the Senator from Ari- protection longer, in my opinion, in a unanimous consent to speak for up to zona, Mr. MCCAIN, suggested on the somewhat artificial way. We need to 15 minutes as in morning business. Senate floor last week. He stood brave- reform the law and clear up those loop- The PRESIDING OFFICER. Without ly on the Senate floor and read directly holes so that generic can come to mar- objection, it is so ordered. from a lobbyist e-mail, a lobbyist of ket and provide Americans with a DRUG REIMPORTATION AND REFORM big PhRMA, the association which rep- lower cost alternative. Mr. VITTER. Madam President, resents the biggest pharmaceutical Surely the drug companies need a pe- today I rise to speak on two crucial companies, and read a detailed e-mail riod of protection so they can recoup issues which I had hoped we would not about how they were going to block their enormous investment in research only be debating in the context of this and derail this effort of mine and Sen- and development. But what they don’t FDA bill currently before the Senate, ator MCCAIN’s and Senator DORGAN’s need, and what we should not allow, in but actually acting on in that context. and others. my opinion, is tweaking the labels at So I have to say as I speak about these I think seeing that come to pass, see- the eleventh hour and extending that two issues I am disappointed we are ing this effort successfully blocked protection in an artificial and, in my not taking this obvious, major oppor- from the FDA bill—something that is opinion, unreasonable way. That is a tunity of acting on a major FDA bill to clearly a major opportunity on which big area of reform I have been working again not only have me speak, but all to pass reimportation, a big FDA bill— on with Senator SHAHEEN and others. of us act together on the crucial issues that has to grow the cynicism of the A second area of needed reform is to of, No. 1, the reimportation of prescrip- American public. Americans all across elevate the Office of Generic Drugs and tion drugs; and, No. 2, meaningful ge- our country have to be out there think- its importance within the FDA. We neric drug reform so that we get ing: OK, what is wrong with this pic- need to give it more stature. We need generics to market sooner as a lower ture? Reimportation unites Democrats to have the head of that office report cost alternative for American con- and Republicans, a big majority in the directly to the head of the FDA, the sumers. I wish to touch on each of Senate, a big majority in the House, Administrator. We need to fund it these in turn. the support of the President, saves the properly so that, again, we put the I was glad to support my friend, the system $50 billion, obvious opportunity proper emphasis on generic drugs. distinguished Senator from North Da- to pass it on an FDA bill, but, once Generics are a good, safe, lower cost al- kota, and many Democratic and Re- again, it is cut off. It is blocked from ternative to millions of American sen- publican colleagues, in introducing an consideration, from moving forward. iors and other Americans. They provide amendment to the FDA tobacco bill to That has to increase everybody’s cyni- that today. But they can provide that enact comprehensive reimportation of cism, and we have to work beyond that lower cost alternative to an even great- prescription drugs. This has long been to pass this important legislation for er extent if we take these common- an issue that has truly united, in a sin- the American people. sense, consensus, bipartisan meas- cere bipartisan way, Democrats and I am happy the majority leader has ures—if we do away with these loop- Republicans. Many Democrats and generally said he would find time on holes that allow last-minute labeling many Republicans have agreed. I think the Senate floor for consideration of a changes to artificially and unreason- at a time when, unfortunately, the par- reimportation bill. We need to move. ably extend a company’s patent, and if tisan divide and sometimes divisive We would like a date certain, Mr. Lead- we elevate the stature of the Office of and bitter partisan rhetoric is at an er, a date certain for that important Generic Drugs within the FDA. all-time high, it is important to find consideration. After so many years of Again, it was an obvious opportunity areas where we can bridge that divide waiting, after so many years of the big to do just that in a bipartisan con- in a meaningful and sincere way. PhRMA lobbyists and others blocking sensus way as we debate and act on It is important to work on real issues us from that consideration, we would this major FDA bill on the floor of the and real solutions together and bridge like that debate and that action as Senate now. I am sorry that door has that divide. Reimportation is a great soon as possible. It is certainly appro- been closed to us. I am sorry we have example of that. priate as we go into a major debate on lost that opportunity. It is a shame. Now, we have on record a clear ma- health care reform. But we need to move on that issue, just jority in the Senate and well over 60 I would underscore the same message as we need to move on reimportation votes for reimportation. We have a with regard to the second crucial topic: now in the next few months this year clear majority in the U.S. House for re- reform with regard to generic drugs. in this body and in the House of Rep- importation, and we have an adminis- For many months now, I have been resentatives. tration and a President who are for re- working with several Members, most We desperately need important importation, and he is on record in notably Senator SHAHEEN of New health care reform. We need savings in that regard in his service in the U.S. Hampshire, on bipartisan consensus ge- the system to make costs of the overall Senate. In addition, we have an impor- neric drug reform. health care system more reasonable, tant issue that can save all of us and Once again, I was very hopeful that without sacrificing patient care, with- can save our health care system bil- this FDA bill on the floor of the Senate out telling seniors they cannot get this lions of dollars as we go into health now would be a prime opportunity, an treatment or they cannot get that op- care reform. Surely, we need to be obvious opportunity, to pass that con- eration. These are commonsense, talking and acting in ways that can sensus bipartisan reform. Once again, achievable ways to do that, by stabi- cut costs in health care without endan- that door was closed to us. We are not lizing the cost of prescription drugs. gering the public, without hurting pa- going to have that opportunity, and I That is one of the most significant tient care, and this is a great oppor- express real disappointment. costs in our health care system with tunity. But we need to act in that area. I one of the most significant growth pat- The CBO has estimated that Ameri- look forward to continuing to work terns. So let’s act on reimportation, cans would save about $50 billion—$50 with Senator SHAHEEN, Senator BROWN, let’s act on generics reform, let’s act in

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.035 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6416 CONGRESSIONAL RECORD — SENATE June 10, 2009 a bipartisan way, let’s act for the best percent of the transaction they cover. of $3.4 billion dollars; however, they interests of American seniors and all Card companies don’t let their member paid credit card interchange fees of $7.6 the American people. banks negotiate with merchants over billion. Over twice the amount of in- With that, I yield the floor. the fee rates, and they prevent mer- dustry profit was paid to credit card The PRESIDING OFFICER. The Sen- chants from encouraging customers to providers. ator from Vermont is recognized. use cards that carry lower fees. Of course, it has an impact on small- (The remarks of Mr. SANDERS per- Yesterday, the Secretary of the er businesses. Rich Niemann, a friend taining to the introduction of S. 1225 Treasury was in before my appropria- of mine, who is coming by my office are located in today’s RECORD under tions subcommittee. It turns out, we this afternoon in Washington, runs ‘‘Statements on Introduced Bills and accept credit cards for some 200 dif- Niemann Foods, a chain of 65 grocery Joint Resolutions.’’) ferent agencies in the Federal Govern- stores based in Quincy, IL. Every year Mr. SANDERS. I yield the floor and ment. I asked the Secretary how much I meet with him, and every year he suggest the absence of a quorum. we pay in interchange fees to these asks me for help with interchange fees. The PRESIDING OFFICER (Mr. credit card companies—as we accept Last year, Niemann Foods made $6 mil- UDALL of New Mexico). The clerk will credit card payments for everything lion in profits but paid $3 million in call the roll. from taxes to purchases at the Govern- interchange fees. Those fee payments The assistant legislative clerk pro- ment Printing Office. It turns out it is are going up every year. He has no abil- ceeded to call the roll. well over $200 million a year. The GAO ity to negotiate any change in those Mr. DURBIN. Mr. President, I ask did a study in which it was asked fee amounts. It is a growing expense he unanimous consent that the order for whether, in fact, the Federal Govern- can’t control. the quorum call be rescinded. ment bargains for lower interchange Rising interchange fees cause many The PRESIDING OFFICER. Without fees because of the volume of business merchants to raise the price of their objection, it is so ordered. we do. It turns out there is virtually no goods to cover these interchange fees. I Mr. DURBIN. Mr. President, I ask bargaining allowed, not even with the don’t want to drive small grocery unanimous consent to speak as in Federal Government. stores out of business or small conven- morning business. If merchants want to accept credit ience stores. We don’t want prices to go The PRESIDING OFFICER. Without cards, those merchants simply have to up for consumers across the board be- objection, it is so ordered. abide by the rates, just like the Fed- cause of nonnegotiable credit card fees. CREDIT CARD FAIR FEE ACT eral Government, that the card net- The Credit Card Fair Fee Act will help Mr. DURBIN. Mr. President, yester- works set, even when the rates are in- restore fairness. The goal is simple. It day I reintroduced the Credit Card Fair creased. incentivizes companies that provide Fee Act. This legislation will provide In fact, card companies regularly in- credit cards and the merchants that ac- fairness and transparency in the set- crease their interchange rates. A re- cept them to sit down together and ne- ting of credit card interchange fees. port by the Federal Reserve Bank in gotiate fees and terms both sides can Several weeks ago, the Senate passed Kansas City found that between 1996 live with. legislation that will crack down on and 2006 Visa and MasterCard inter- The bill establishes a framework for abusive fees and practices that credit change rates increased from approxi- negotiations and gives both sides a le- card providers impose on consumers mately $1.30 per $100 transaction to gitimate voice at the table. Under the and cardholders. It is landmark legisla- $1.80. That is about a 40-percent in- bill, merchants would receive limited tion. It was 20 years in the making. I crease over that 10-year period of time. antitrust immunity to negotiate col- was pleased to support it and glad it The rates have gone up even further for lectively with the providers of card passed. cards that have rewards programs. The systems over the fees and terms for ac- We also need to take a hard look at total amount of interchange fees col- cess to the system. The bill then moti- the fees and the restrictions credit card lected last year was $48 billion, accord- vates the merchants and card providers providers impose on retailers. Retailers ing to estimates of the National Retail to work out voluntary agreements. It such as the restaurant down on the cor- Federation. It is a huge increase from establishes a mandatory period for ne- ner, the grocery store, the shop, these 2001, when the figure was $16.6 billion. gotiations. have to be looked at as well. Despite these rising fees, many mer- If they fail to reach a voluntary Currently, banks and credit card chants have no real choice but to ac- agreement, the matter would then go companies impose a system of fees and cept these cards as a form of payment. to an arbitration-style proceeding be- restrictions on retailers that accept Consumers use their credit and debt fore a panel of judges appointed by the their cards as a form of payment. cards for over 40 percent of all trans- Justice Department and the Federal There is a growing recognition that actions. Interchange fees cut into re- Trade Commission. The judges would many of these fees and restrictions are tailer profits and force many mer- collect and disclose full information anticompetitive and unfair to busi- chants to raise consumer prices or go about credit card fees and costs and nesses and consumers. out of business. then order a mandatory settlement Many people assume credit cards As you think about it, what does it conference to attempt to facilitate a make their money off the customers mean for the profitability of a com- deal. If that fails, the judges would who use them in direct payment, inter- pany if the business is required to pay conduct a hearing where the merchants est charges, and penalties. It turns out the credit card company 2 percent of and card providers would each propose there is a whole level of fees that is im- the sale price on every sale? Well, for what they think is a fair set of fees and posed on retailers which, obviously, is some companies that operate on a very terms. The judges then would select passed on to consumers but have a di- tight margin, it can be significant. the proposal that most closely rep- rect impact on sales in America. If we Best Buy, the large and successful elec- resents what would be fairly negotiated do not address flaws in the system, tronics retailer, has a net profit mar- in a competitive market. This set of many businesses will find it hard to gin of only 2.2 percent. Whole Foods, a fees and terms would govern access to make a profit, and the credit card fees well-known grocery store, has a profit the card system by merchants for a pe- cause consumer prices to go up as well. margin of 1.4 percent. The food and riod of 3 years. The most flawed element of the current drugstore retail sector has a profit The bill contains safeguards to en- system of merchant fees is the inter- margin of only 1.5 percent, according sure the judges can only select a set of change fee. It is a fee merchants pay to to Fortune magazine. proposed fees and terms that is fair and card issuing banks on each debit or How can these companies continue to pro-consumer. But the ultimate goal is credit card transaction. be profitable if rising interchange fees to reach a deal before the process gets Under the current system, card net- paid to credit card companies cut into to the point where the judges would works, such as Visa and MasterCard, their already small operating margins? need to issue a ruling. unilaterally set the rates for these In 2007, the National Association of This is an archaic element of com- interchange fees. These fees vary from Convenience Stores reported the entire merce in America that has a direct im- card to card, but they average about 2 convenience store industry had profits pact on consumers, the money we pay

VerDate Nov 24 2008 03:04 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.037 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6417 for goods and services, as well as the problem by convincing the Government sonable position. But let us acknowl- profit margins of a lot of businesses of Palau to accept Uighur detainees. edge the obvious: If we are going to try that are struggling. The credit card This is the kind of diplomacy we need these Guantanamo detainees in the companies have been unable to justify to achieve a better standing in the United States, we are going to incar- their interchange fees in terms of the world and a more peaceful and secure cerate them while we try them. There actual cost of processing credit card situation for the United States. is no other reasonable alternative. If payments. It is a profit margin on their Something else happened yesterday they are found guilty and face impris- side for which they are not account- as well. There was an important devel- onment, what will we do with them? I able. opment. The administration trans- am glad Senator KYL acknowledged the My legislation is supported by the ferred Ahmed Ghailani to the United obvious. Of course, we have to bring Merchants Payments Coalition, a coa- States to be prosecuted for his involve- these terrorists to justice, and an lition of retailers, supermarkets, con- ment in the 1998 bombings of our Em- American court is the best place to do venience stores, drugstores, fuel sta- bassies in Kenya and Tanzania. Those it. tions, online merchants and other busi- bombings killed 224 people, including 12 The U.S. Government frequently nesses. The coalition’s member asso- Americans. I have been to Kenya. I saw brings extremely dangerous individuals ciations collectively represent about the bombed building. It was dev- to the United States for prosecution. 2.7 million stores nationwide, with ap- astating. It is hard to imagine what Ramzi Yousef—the mastermind of the proximately 50 million employees. happened inside that building and near- 1993 World Trade Center bombings, cap- I ask my fellow colleagues in the by when those bombs were detonated. tured in Pakistan—was brought to Senate to take a look at the legisla- We know 224 people died, including 12 trial in the United States, convicted, tion. I warn them in advance, if they of our own. and is now being held in a Federal are interested in looking at this issue I wish to commend President Obama supermaximum security prison, a con- of credit cards and interchange fees, be for his determination to hold Ahmed victed terrorist. prepared. You are going to hear from Ghailani accountable for his alleged Some of my colleagues on the other every bank that issues a credit card, crimes. For 7 long years, the Bush ad- side of the aisle continue to argue we and they are going to tell you the Dur- ministration had failed to convict any should not prosecute Guantanamo de- bin legislation is the end of the world. of the terrorists who planned the 9/11 tainees in U.S. courts because no pris- But I hope you will also listen to the terrorist attacks. For 7 long years, on in America is safe to hold them. merchants and retailers in the States only three individuals were convicted Ramzi Yousef was held in the Metro- you represent. They will tell you this by military commissions at Guanta- politan Corrections Center in New system is unconscionable and namo. Two of those individuals, inci- York during the course of his trial for unsustainable. dentally, have been released. President over 2 years—safely. My colleagues To have the credit card companies Obama has been clear, it is a priority seem to think American corrections of- dictate these fees to their retailers all for his administration to bring to jus- ficers are not capable of safely holding across America is fundamentally un- tice the planners of 9/11 and other ter- terrorists. Republican Senator LINDSEY fair. We should have arm’s length nego- rorists who have attacked our country, GRAHAM, who is a military lawyer, tiation. We should also have at the such as Ahmed Ghailani. said: Federal Government level a negotia- Unfortunately, this issue has become The idea that we cannot find a place to se- tion to determine what is the best ar- very political and very complicated curely house 250-plus detainees within the rangement for taxpayers when it comes over the last several months. Some of United States is not rational. to paying these credit card fees to the my colleagues on the other side of the What is the record? Today, our Fed- companies that provide credit cards for aisle have expressed some things on the eral prisons—and this is the most up- transactions with the Federal Govern- Senate floor which I don’t think are dated number from the Justice Depart- ment. It is not an unreasonable ap- consistent with the security of the ment—hold 355 convicted terrorists, in- proach. United States. Senator MCCONNELL, cluding al-Qaida leaders such as Ramzi I hope my colleagues will take a look the distinguished minority leader, and Yousef, who masterminded the World at this issue, and I hope they will lis- Senator KYL, the distinguished assist- Trade Center bombing in 1993. No pris- ten to their merchants and retailers ant minority leader, have argued we oner has ever escaped from a Federal back in their States. should not transfer suspected terrorists supermaximum security facility. Clear- GUANTANAMO from Guantanamo to the United States ly, we know how to hold these terror- Mr. President, I wish to commend the in order to bring them to justice. They ists safely and securely so no one in Obama administration for the progress have argued we cannot safely hold any America is at risk. they have made to date on closing the of these detainees in prison in the Unfortunately, some on the other detention facility at Guantanamo Bay. United States, even—one of their argu- side of the aisle continue to argue that According to media reports today, the ments—during the course of the trial. we should keep Guantanamo open at Obama administration has reached a When you look at the failed track all costs. I disagree. I believe, Presi- historic agreement with the Govern- record of prosecuting terrorists at dent Obama believes, and I think many ment of Palau to transfer 17 Guanta- Guantanamo, it is pretty clear if Americans believe that closing Guanta- namo detainees to this Pacific island. Ahmed Ghailani isn’t prosecuted in the namo is an important national security These 17 detainees are Uighurs from U.S. courts, there is a good chance he priority. But it isn’t just the Presi- China. will never be punished for his crimes. dent—and President Bush, for exam- The Bush administration determined President Obama made it clear when he ple—who want to close Guantanamo. that all 17 are not enemy combatants said: Among those military and security and do not pose any risk to U.S. na- Preventing this detainee from coming to leaders calling for the closing of Guan- tional security. The Bush administra- our shores would prevent his trial and con- tanamo are: GEN Colin Powell, the tion had determined the Uighurs viction. And after over a decade, it is time to former Chairman of the Joint Chiefs of couldn’t be legally returned to China, finally see that justice is served, and that is Staff and former Secretary of State; for fear they would be imprisoned and what we intend to do. Republican Senators JOHN MCCAIN and tortured. A Federal Court looked at all Even Senator KYL appears to have LINDSEY GRAHAM; former Republican the classified evidence against these 17 softened his position. On the floor of Secretaries of State James Baker and Uighurs and found there was no legiti- the Senate yesterday, he spoke about Henry Kissinger and Condoleezza Rice; mate reason to hold them and ordered Ahmed Ghailani and said: Defense Secretary Robert Gates, first them released. The President, this ad- Everybody acknowledges that there are appointed by President Bush; ADM ministration, is going to follow that some people who need to be tried for serious Mike Mullen, the Chairman of the court and follow the law. crimes, in effect, like war crimes, and they Joint Chiefs of Staff; and GEN David I commend President Obama and should be tried in the United States. Petraeus. those working with him for finding a I commend Senator KYL for this Yesterday, Senator KYL made a solution to what has been a vexing statement. I think it is a sensible, rea- statement taking issue with some of

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.041 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6418 CONGRESSIONAL RECORD — SENATE June 10, 2009 my earlier comments about Guanta- for use at Guantanamo Bay was a di- FRANK put in a call to GM CEO Fritz namo. rect cause of detainee abuse there.’’ Henderson and, lo and behold, the facil- Senator KYL asked: ‘‘What is wrong Senators LEVIN and MCCAIN also con- ity has a new lease on life according to with the prison at Guantanamo?’’ cluded, on a bipartisan basis, that the Wall Street Journal. Mr. FRANK, of Let me respond to Senator KYL’s there was a connection between the course, is chairman of the House com- question. What is wrong with Guanta- abuses at Abu Ghraib and Guantanamo. mittee that recently orchestrated pay- namo is that it is a recruiting tool for They said: ing $62 billion in taxpayer dollars to al-Qaeda and other terrorists. The abuse of detainees at Abu Ghraib in give the U.S. Treasury 60 percent own- That is not just my opinion. That is late 2003 was not simply the result of a few ership of General Motors and 8 percent the opinion of our military leaders, soldiers acting on their own. Interrogation ownership of Chrysler. based on their experiences fighting the techniques such as stripping detainees of Now, for this second ‘‘Car Czar’’ wars in Iraq and Afghanistan. their clothes, placing them in stress posi- award, there are many deserving con- Chairman of the Joint Chiefs of Staff tions, and using military working dogs to in- tenders. Mike Mullen said: timidate them appeared in Iraq only after For example, this afternoon the Hon- they had been approved for use in Afghani- orable CHRIS DODD, Mr. FRANK’s Senate The concern I’ve had about Guantanamo is stan and at GITMO. it has been a recruiting symbol for those ex- counterpart, is chairing a Banking tremists and jihadists who would fight us. And, as I said yesterday, Susan Committee hearing featuring two of That’s the heart of the concern for Guanta- Crawford, a top Bush administration the administration’s chief meddlers in namo’s continued existence. official, concluded that Mohammad Al- Washington-owned car companies: Mr. General David Petraeus said Guanta- Qahtani, the so-called 20th hijacker, Ron Bloom, a senior advisor on the namo is, ‘‘a symbol that is used by our could not be prosecuted for his role in auto industry at Treasury and Mr. Ed enemies to our disadvantage. We’re the 9/11 attacks because he was tor- Montgomery, White House Director of beat around the head and shoulders tured at Guantanamo Bay. Recovery for Auto Communities and with it.’’ For many years, President Bush said Workers. And Defense Secretary Robert Gates that he wanted to close the Guanta- Tomorrow, over in the House, the Fi- said: namo detention facility, and there nancial Services Committee will hold a Closing Guantanamo is essential to na- were few, if no complaints from the Re- hearing on salaries of workers in com- tional security. It has become a rallying cry publican side. But the President never panies the government owns. and recruitment tool for our enemies—en- followed through on his commitment. Another obvious contender for the dangering the lives of our soldiers in the Now that President Obama has made award is the administration’s new field, diminishing the willingness of Amer- that same call, we hear this chorus of Chief-Price-Fixer for the cost of labor, ican allies to help wage the fight against al- opposition. I think President Obama Mr. Kenneth Feinberg who will review Qaida and undermining the moral authority has accepted the challenge—the chal- and approve how managers of car com- of the country. lenge to make certain that these de- panies are paid. According to the New Of course, Senator KYL is entitled to tainees are treated in a responsible York Times article on June 8, Mr. his point of view and I respect him and way; that those who should stand trial Feinberg is likely not just to tell Gov- count him as a friend. But he offers no will stand trial for their crimes and ernment-owned car companies and evidence to support his view, certainly war crimes; that those who cannot be banks how much to pay people, it is no evidence that compares with those I brought to article 3 courts in America likely ‘‘everyone else’s compensation have quoted here, starting with Gen. should be tried before reformed mili- will be monitored, too.’’ Colin Powell. tary tribunals that have rules of evi- But there is time next week to honor Not only is Guantanamo a recruiting dence and procedure more consistent all these worthy contenders. Today’s tool for terrorists in the Middle East. with our values and laws; that some ‘‘Car Czar’’ award clearly should go to There is evidence that al-Qaida is actu- will be returned, like the Uighurs, if the Members of the Wisconsin and ally recruiting terrorists in Guanta- they pose no threat, to places where Michigan and Tennessee congressional namo itself. McClatchy Newspapers they cannot threaten the United States delegations, each of whom met today conducted an extensive investigation and that some will be kept in detention in Washington with GM executives, im- and concluded: because they continue to be a threat to ploring them to build small cars in our Instead of confining terorists, Guantanamo our Nation. That is a responsible home States. In Tennessee’s case, of often produced more of them by rounding up course of conduct. It deserves bipar- course, we were talking about the Sat- common criminals, conscripts, low-level foot urn plant in Spring Hill, recently soldiers and men with no allegiance to rad- tisan support. I yield the floor. placed on standby. ical Islam . . . and then housing them in In other words, I am giving the ‘‘Car cells next to radical Islamists. The PRESIDING OFFICER. The Sen- ator from Tennessee is recognized. Czar’’ award today to, among others, McClatchy found that, ‘‘Guantanamo myself—the senior Senator from Ten- became a school for jihad’’ and ‘‘an THE SECOND ‘‘CAR CZAR’’ AWARD nessee. American madrassa.’’ Mr. ALEXANDER. Mr. President, Now, in my own defense, as Mr. Rear Admiral Mark Buzby, the this is the ‘‘Car Czar’’ award for FRANK’s spokesman said when Mr. former commander of Guantanamo’s Wednesday, June 10, 2009. It is a service FRANK was caught calling GM about detention facility, said, ‘‘I must make to taxpayers from America’s new auto- the warehouse in Massachusetts—I was the assumption that there’s a fully motive headquarters: Washington DC. ‘‘just doing what any other Congress- functioning Al-Qaeda cell here at It is the second in a series of ‘‘Car man would do’’ in looking out for the Guantanamo.’’ Czar’’ awards to be conferred upon interests of his constituency. But that Senator KYL also continues to claim Washington meddlers who distinguish is precisely the reason for these ‘‘Car that no one was abused at Guantanamo themselves by making it harder for the Czar’’ awards. As the Wall Street Jour- and that there is no connection be- auto companies your government owns nal put it, ‘‘. . . that’s the problem tween the abuses at Abu Ghraib and to compete in the world marketplace. with industrial policy and government Guantanamo. I commend him for his On Monday, I presented the very first control of American business. In Wash- reading of the Senate Armed Services ‘‘Car Czar’’ award to the Honorable ington, every Member of Congress now Committee Report. BARNEY FRANK of Massachusetts for thinks he’s a czar who can call ol’ Fritz But the Senate Armed Services Com- interfering in the operation of General and tell him how to make cars.’’ mittee issued a bipartisan report that Motors. Congressman FRANK, who is But consider for a moment the impli- reached a different conclusion. Senator chairman of the House Financial Serv- cations of all 535 of us in Congress reg- LEVIN, the chairman of the Armed ices Committee, intervened last week ularly participating in such incestuous Services Committee, and Senator to save a GM distribution center in his behavior. It is one thing, as I did in MCCAIN, the ranking member of the Massachusetts congressional district. 1985 as Governor, to argue to General committee, found, ‘‘Secretary of De- The warehouse, which employs some 90 Motors to put the Saturn plant in Ten- fense Donald Rumsfeld’s authorization people, was slated for closing under nessee right next to the Nissan plant. of aggressive interrogation techniques GM’s restructuring plan. But Mr. That was an arm’s length transaction.

VerDate Nov 24 2008 03:04 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.042 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6419 It is quite another thing for me as ests that are going to make it difficult We have to correct what is wrong. U.S. Senator and a member of the gov- for us to move forward. The first thing we have to correct is ernment that owns 60 percent of the I am proud this administration is the cost. We have to bring the cost company, to urge GM executives to taking up this issue because we are in down. build cars in my State. I can pretend I a health care crisis in America. I say The first way to bring down the costs am making my case on the merits: cen- that because the cost of health care is is for everyone to be in the system to tral location, right to work laws, four- not sustainable. We spend twice as deal with the uninsured. I congratulate lane highways, hundreds of suppliers, much as the next most expensive na- our committee for coming forward with low taxes, a successful Japanese com- tion in the world per capita on health proposals that will include every Amer- petitor 40 miles away. But my inces- care—$2.4 trillion a year, 15 percent of ican in our health care system. I think tuous relationship as owner taints the our gross domestic product. Those that is the prerequisite to health care entire affair. numbers are increasing dramatically reform. So I will continue to confer ‘‘Car each and every year. The cost of health Second, the proposals that are com- Czar’’ awards—seeking to end the in- care is not sustainable. ing forward that recognize the advan- cestuous nature of these meetings and We had a great deal of discussion tage of preventive health care. In 1997 time-wasting hearings—until Congress here about fiscal responsibility and we amended the Medicare bill to in- and the President enact my ‘‘Auto bringing our budget into balance. clude preventive health care services. Stock for Every Taxpayer’’ legislation President Obama is correct. If we do Well, that has kept our seniors which would distribute the Govern- not deal with the escalating cost of healthier, living better lives, and being ment’s stock in GM and Chrysler to the health care, it is going to make it vir- less costly to the system itself by de- 120 million Americans who paid taxes tually impossible for us to bring our tecting diseases at an earlier stage. In on April 15. Such a stock distribution budgets into balance in the future— some cases we can even prevent dis- is the fastest way to get ownership of whether it is a Medicare budget or eases by preventive health care. the auto companies out of the hands of Medicaid budget or a household’s budg- That is what we need to do. It saves meddling Washington politicians and et. We have to do a better job in rein- money. Preventive health care services back into the hands of Americans in ing in the cost of health care. America cost in the hundreds of dollars. Surgery the marketplace. It is also the fastest needs to be competitive internation- related to diseases not caught in the way to allow the car company man- ally. We cannot be competitive inter- early stages are in the tens of thou- agers to design, build and sell cars nationally unless we find a way to sands of dollars. It makes sense eco- bring down the cost of health care. rather than scurry around Wash- nomically. Family insurance premiums have ington—under oath—answering ques- President Obama is right to invest in gone up threefold in the last 8 years health information technology. That tions and being instructed by their po- alone—much faster than earnings, litical owners how to build cars and will save money. It also manages an in- three times as fast as earnings. The dividual’s care in a much more effec- trucks. consequences for Marylanders is that Distributing the stock to the tax- tive way. So there are a lot of ways we they are going into bankruptcy. You payers also may be the fastest way for can bring down the cost of health care. have heard it said that we are only one Congressmen to get themselves re- But let me talk about one issue that health incident away from filing bank- has gotten a lot of attention on this elected. According to the Nashville ruptcy in America for many families. floor by some of my colleagues who Tennessean, an AutoPacific survey re- They have to make difficult choices: seem to be opposing health care reform ports that 81 of Americans polled agree Should I really go see a doctor? Is it before we even have a bill before us, ‘‘that the faster the government gets really that important, because do I and that is the conversation about a out of the automotive business, the really have the money to lay out? It is public insurance option. I am some- better.’’ not covered by my insurance, or I don’t what bewildered by this discussion be- Now, here is an invitation for those have insurance, what do I do? who may be listening: if you know of a We have 46 million Americans today cause I do not hear too many of my Washington ‘‘Car Czar’’ who deserves who have no health insurance, and it is colleagues suggesting that the Medi- to be honored, please email me at very costly in the way they enter the care system should be done away with. [email protected], and system. They use the emergency Now, the last time I checked, Medi- I will give you full credit in my regular rooms. They don’t get preventive care was a public insurance program. ‘‘Car Czar’’ reports here on the floor of health care. They spend a lot of money. So let me differentiate because I think the United States Senate. It increased 20 percent over the last 8 this point has been misleading on this And after you write to me, I hope you years. floor. will write or call your Congressman In my State of Maryland, we have When there is a government option, and Senators and remind them to enact 760,000 Marylanders, 15.4 percent of our it does not mean the government pro- the ‘‘Auto Stock for Every Taxpayer nonelderly population, without health vides the health care; it means it pays Act’’ just as soon as General Motors insurance. for the health care, as it does in Medi- emerges from bankruptcy. All you need We need to reform our health care care. The doctors our seniors and dis- to say when you write or call are these system. We need to build on what is abled population go to are private doc- eight magic words, ‘‘I paid for it. I right in our health care system and tors and private hospitals, as it should should own it.’’ correct what is wrong. be. They have choice, as they should. I yield the floor. What is right is that we have some of The public insurance option just pro- The PRESIDING OFFICER. The Sen- the highest quality health care in the vides the predictability of a plan that ator from Maryland is recognized. world. I am proud that people from all will always be there. Mr. CARDIN. Mr. President, I ask over the world travel to my own State My constituents in Maryland remem- unanimous consent to speak as in of Maryland to visit Johns Hopkins ber all too well the private insurance morning business. University or the University of Mary- companies within Medicare who were The PRESIDING OFFICER. Without land Medical Center or NIH in order to here one day and gone the next day. objection, it is so ordered. get their health care needs met or to Thank goodness they had the public HEALTH CARE train their health care professionals. option available to them in order to Mr. CARDIN. Mr. President, I am We want to maintain that edge in make sure they had coverage. Well, glad we are now engaged in the health America, of leading-edge technology to that is not true in Part D today. We do care debate, but this debate is long keep people healthy. We have choice in not have a public insurance option. overdue. I congratulate the Obama ad- our health care system. I believe that That was a mistake. We need a public ministration for taking on the tough is good. You can choose the health plan insurance option, first and foremost, to issues. This is not an easy subject in in many cases. You certainly can deal with cost. We have to bring down order to reach the type of consensus choose your provider in many cases. the cost of health care. We have 46 mil- necessary in order to pass major legis- That adds competition to quality of lion people without health insurance lation. There are a lot of special inter- care in our system. today. Are we going to let them try to

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.030 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6420 CONGRESSIONAL RECORD — SENATE June 10, 2009 figure out what private insurance to go care in America. I think those who ards have had on our Nation and on to without the controls on cost? That make the arguments, which are basi- other parts of the world. is going to add to the cost in this coun- cally scare tactics, are not adding to Now to non-engineers, codes and try, not bring it down. the debate anything that is worthy of standards developed by and for me- We have to at least have a compari- this issue. This is a very important chanical engineers may sound like a son on a fair competition between pub- issue to the people of our Nation. This lot of jargon and, candidly, like pretty lic insurance and private insurance. I is our opportunity to fix our system by boring stuff. favor private insurance. But I want to improving what is right, building on it, But as an engineer, I am proud to say have a public insurance option because and correcting what is wrong. that I believe that the nuts and bolts of I want the people of Maryland and But let’s strengthen the good parts of how to build things, how to create, how around the Nation to have choice, to be our system. Let’s strengthen those cov- to standardize and grow equipment and able to choose the plan that is best for erages that people are happy about, the industries have been at the very heart them. employers who are providing health of the American economic growth-en- They can stay in the plan they have benefits to their employees, where it is gine for more than a century. now if they are satisfied with it. We working. But let’s correct the runaway That kind of nuts and bolts thinking want them to, and we encourage them costs in our system, and let’s provide a and creativity will be what leads Amer- to. But we want them to have a choice. reasonable way that those who do not ica out of this recession and toward We want the market to work. That is have health insurance can get health sustained economic growth once again. why the public insurance option has insurance. So I’m pleased that the Senate has become more and more important. If we can work together, Democrats joined me in celebrating a success Let me point out the two programs and Republicans, this is an American story of American engineering. that we recently changed. Medicare problem. This is about America’s com- This story begins when ASME was Advantage. Well, Medicare Advantage petitiveness. This is about American founded in 1880. ASME currently in- is the private insurance option within families being able to afford their cludes more than 127,000 members Medicare that our seniors have the op- health care. This is about balancing worldwide. tion, voluntarily, to join. our budgets in the future so America It is a professional organization Well, when Medicare Advantage can continue to grow as the strongest which promotes the art, science, and started, Medicare Plus Choice, it was a economy in the world. But it starts practice of mechanical and multidisci- savings to the taxpayers because we today in this debate about fixing one of plinary engineering and allied sciences. paid the private insurance company 95 the underpinnings of our economy that One of its chief functions since its percent of what we paid the fee-for- is out of whack. founding has been the development of service companies within the public op- We need universal coverage. We need tool and machine part standards, along tion, saving money for the system. It to have options available that will with uniform work practices to ensure made sense. keep health care affordable for all peo- mechanical reliability. Well, guess what. Today we are pay- ple in this country and provide quality This week, ASME will celebrate its ing the Medicare Advantage plans, the care for each American. That is what 125th anniversary of codes and stand- private plans, 112 to 117 percent of what this debate is about. ards development. we pay those who are in the traditional I applaud our committees that are This is a tribute to the dedicated public option in Medicare. In other working on this issue. I applaud all of service of technical experts and engi- words, every person who picks private the Members of this body and the neers, whose efforts resulted in inter- insurance costs the system money. House who are seriously engaging in nationally accepted standards—stand- The Congressional Budget Office, this discussion. ards that not only enhance public safe- which is a nonpartisan objective score- I think we can all learn from each ty but also promote global trade. keeper, says the Medicare Advantage other. If we work in good faith, we can Its first published performance test premium we pay over what we would develop a health care reform proposal code was entitled ‘‘Code for the Con- pay if they were in fee for service costs that will maintain quality but provide duct of Trials of Steam Boilers.’’ the system $150 billion over 10 years. access and affordability to every fam- Since then, ASME has developed So the public option is not only to offer ily in America. That should be our ob- more than 500 technical standards for choice to the people of our country be- jective. I hope we will all work toward pressure vessel technology, electric and tween a plan that they want and it is that end. nuclear power facilities, elevators and available to them, whether it is a pri- I yield the floor, and I suggest the ab- escalators, gas pipelines, engineering vate plan or a public plan—remember, sence of a quorum. drawing practices, and numerous other the providers are going to be private. The PRESIDING OFFICER. The technical and engineered products and This is not who provides the benefits; clerk will call the roll. processes. it is who pays for it, who puts together The assistant bill clerk proceeded to At present, ASME codes and stand- the plan. It will save the system call the roll. ards, as well as conformity assessment money. Mr. KAUFMAN. I ask unanimous programs, are used in more than one Part D: There is no public option in consent that the order for the quorum hundred countries. Part D. Many of us raised that issue call be rescinded. Does engineering sound boring to back then, that we could have saved The PRESIDING OFFICER. Without you? Let’s hope America’s youth don’t taxpayer money and saved Medicare objection, it is so ordered. think so. We need to excite the young money if we at least tried to keep the Mr. KAUFMAN. I ask unanimous minds of thousands and thousands of private insurance companies honest by consent to speak as in morning busi- young Americans about the possibili- having a public plan where we know ness for up to 15 minutes. ties of being an engineer, because engi- what is being charged and paid for pre- The PRESIDING OFFICER. Without neers have always been the world’s scription drugs. Most of it is the cost of objection, it is so ordered. problem solvers. It is impossible to ig- medicine. Why can we not have trans- ASME nore the effect ASME’s codes and parency? Why do we have to pay the Mr. KAUFMAN. Mr. President, I rise standards have had on global develop- high overhead costs of private insur- to congratulate the American Society ment. ance without the competition of a of Mechanical Engineers on the 125th During the period of rising indus- model that could save the taxpayers anniversary of their codes and stand- trialization, as machines were expand- money and save our system money? ards. ing in use and complexity on farms and This is not a government takeover, As the only serving Senator who has in factories, ASME standards helped to as some of my colleagues have said. worked as an engineer—indeed, I have ensure the safety of engineers and Medicare was not a government take- a degree in engineering and worked as workers using these machines. over. Medicare pays for the private a mechanical engineer—I was proud to Today, in our global economy, these doctors and hospitals so the disabled sponsor a resolution acknowledging the codes and standards are continually re- and seniors can get access to health lasting impact ASME codes and stand- vised and updated to reflect changes in

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.045 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6421 technology. As a result, ASME’s codes with the story of a hardworking and ally underrepresented minority groups, and standards are accepted across the accomplished civil servant whom I whom he has mentored as they sought globe and help to advance inter- wish to recognize today. leadership positions in the Depart- national commerce. The American So- I spoke earlier about the effect of en- ment. ciety of Mechanical Engineers has gineers on our economy and our com- This is truly the kind of service and adapted to meet the changes and chal- munities. The Federal employee I mentorship we need to promote among lenges in the engineering profession. I honor today has spent more than a engineers and other science profes- commend their accomplishments and quarter of a century working as a civil- sionals. Engineers can play an impor- contributions to the health, safety, and ian engineer for the Navy Department. tant role in bettering our communities economic well-being of our Nation. Although today Brian Persons has and promoting education among our I am pleased that the Senate yester- risen to become executive director of students. day approved S. Res. 179. the Naval Sea Systems Command, or I am glad we were able to include When I went to college I wanted to be NAVSEA, he began his public service funding for service opportunities of a mechanical engineer, in part because as a ship architect at the Long Beach this kind in the Serve America Act ear- 52 years ago, after Sputnik, the United Naval Shipyard. A Michigan native and lier this year. I call again on my col- States was supporting science and en- graduate of Michigan State with a de- leagues and on all Americans to join gineering on an unprecedented level. gree in civil engineering, Brian went to me in recognizing the contributions of America’s competitive spirit helped us work in 1981 for the Navy Department, Brian Persons and all of the engineers, meet the challenges of those times. designing and maintaining the ships of scientists, and technicians who con- Thousands of innovations created myr- our fleet. Brian distinguished himself tinue to ensure that our ships of state iad new opportunities for growth and in the design division at Long Beach, remain seaworthy and on a forward development. We can do this again. and he was made a supervisory archi- course. The financial crisis should lead to a tect within a few years. While there, he I honor their service and that of all cultural shift back to the strong foun- worked on overhauls of surface ships, our hard-working Federal employees. dations of innovation and know-how including the great battleships U.S.S. Mr. President, I yield the floor and that have always been the American New Jersey and the U.S.S. Missouri. In suggest the absence of a quorum. way. I am glad that the federal govern- 1988, when the U.S.S. Samuel B. Rob- The PRESIDING OFFICER (Mr. ment is again investing strongly in erts struck a mine in the Persian Gulf, MERKLEY). The clerk will call the roll. supporting the basic scientific, med- the Navy sent Brian to Dubai to pro- The legislative clerk proceeded to ical, and engineering research that will vide analysis and repair options. call the roll. spur the discovery and innovations to Although he was only asked to spend Mr. WICKER. Mr. President, I ask create millions of new jobs and shape a a week in the gulf, Brian remained unanimous consent that the order for bright American future. with the stricken vessel for 45 days the quorum call be rescinded. I thank my fellow Senators for join- The PRESIDING OFFICER. Without ing with me in celebrating one small until it was again seaworthy. Describing the experience years objection, it is so ordered. chapter in the American economic suc- later, he said: Mr. WICKER. I ask unanimous con- cess story, with hope that we can in- sent to speak as in morning business spire similar successes in the coming I am still amazed at the authority I was given to execute this project. I was lucky to for up to 10 minutes. years. have such an opportunity at such an early The PRESIDING OFFICER. Without BRIAN J. PERSONS stage in my career. objection, it is so ordered. Mr. President, I wish to speak about I want our Nation’s graduates to HEALTH CARE REFORM our excellent Federal workforce. know that careers in public service are Mr. WICKER. Mr. President, of all In my years of government service, I full of opportunities like the one given the complex issues the United States have met so many wonderful people to Brian. will deal with in this Congress, none who give so much of themselves for the Federal employees at all levels get to will be more important than health benefit of us all. That is why I believe work on exciting and relevant projects care reform. Of all the momentous de- it essential for the American people to every day. cisions we will make over the next few have confidence in our Federal employ- After his superb performance in months, none will be more consequen- ees. Dubai, Brian was given a series of chal- tial or long-lasting than the votes we Americans need to know that they lenging jobs in the NAVSEA Com- may take regarding the one-sixth of can place their trust in those charged mander’s Development Program. Just the American economy which com- with carrying out the people’s work. Our government is filled with tal- 10 years after he first began his career, prises our health care system. If we get ented individuals performing their jobs the Navy Department promoted Brian it right, we could devise a program with excellence. to be the director for maintenance and that makes health care more accessible I cannot count—I literally cannot modernization under the assistant sec- and affordable, provides health cov- count—the Federal employees who de- retary for research, development, and erage to millions of Americans who are serve to be praised here in this Cham- acquisition. In this role, which he held currently without health insurance, re- ber, because that number is so great. for 5 years, he was responsible for over- lieves Americans from worry about the But I hope to share one story today seeing policy on ship maintenance and effect changing jobs will have on their that is exemplary of our civil servants modernization as well as the Navy’s health care, saves lives through an in- overall. nuclear, biological, and chemical pro- creased focus on prevention and The ancient philosophers used to tection programs. wellness, saves money by curbing the compare the government of a state Brian returned to NAVSEA in 1996 out-of-control growth in government with that of a vessel at sea. and has worked in various roles there health care programs, keeps patients In order to keep the ship afloat, to over the past 12 years. For his dedi- and families in control of their health keep it headed in the proper direction, cated service in government, Brian was care choices, and makes doctors the de- it required a captain and crew who honored with a Meritorious Presi- cisionmakers on treatment options. were disciplined and responsible. More- dential Rank Award in 2004 and won We have a great opportunity before over, everyone on board—down to the the prestigious Distinguished Presi- us to improve the American health lowest rank—had a job to do, and every dential Rank Award last year. This care system, but we run a perilous risk task was critical. year, he was appointed as executive di- if we do not act wisely and carefully. So it is with government. rector of NAVSEA, its most senior ci- We can fix our broken health care sys- Every Federal employee, no matter vilian executive. tem by making it more accessible and how large or small one’s job, keeps our In addition to his work as an engi- affordable for Americans, and we can ship of state afloat and sailing ever on- neer and a manager, throughout the do so without jeopardizing quality, in- ward. years Brian has served as a role model dividual choice, and personalized care. I have not chosen to reference this for those working with him, including The American people need us to act analogy by chance. Rather, it fits well a number of colleagues from tradition- on this issue, but they do not need or

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.018 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6422 CONGRESSIONAL RECORD — SENATE June 10, 2009 want us to act rashly. We do not need ple, in the area of colon cancer, we health care more affordable and acces- to enact a Washington takeover or a have a 65-percent, 5-year survival rate sible for all without jeopardizing the scheme that would inevitably lead to a in America, compared to only 50 per- quality I have spoken about this after- government takeover of one-sixth of cent in the United Kingdom. For pros- noon. I believe all of us in this body our gross domestic product. tate cancer, we have a 93-percent sur- want a solution that works for Ameri- I recently spoke with a resident of a vival rate for 5 years in the United cans. There is common ground to be country that is a major U.S. ally. He States; only 77 percent in the United found that would continue the oppor- espoused the benefits of his country’s Kingdom. In breast cancer, 90 percent tunity for the United States to be that government health care program, ex- of Americans who suffer from breast world leader in quality. Congress and plaining in particular detail how the cancer have a 5-year survival rate; only the American people need to pay close program works there. But then I posed 82 percent in the United Kingdom. For attention as we proceed this summer a question: What happens in your coun- thyroid cancer that figure is a 94-per- and this fall on one of the most impor- try if you get cancer? He smiled and cent, 5-year survival rate and only 75 tant debates in our time. said: If I get cancer, I am going to the percent in the United Kingdom. Thank you. I suggest the absence of a United States. He is going to the Put another way, breast cancer mor- quorum. United States. It was a very telling an- tality is 52 percent higher in Germany The PRESIDING OFFICER. The swer that points up a profound truth: with their government-run system clerk will call the roll. There are many things we need to fix than in the United States, and breast The assistant legislative clerk pro- about American health care, but there cancer mortality is 88 percent higher in ceeded to call the roll. Mr. REID. Mr. President, I ask unan- are a number of things we do right. the United Kingdom with their govern- imous consent that the order for the There are a number of things right ment-run health care system. Prostate quorum call be rescinded. cancer mortality is 604 percent higher about our system, and we don’t need to The PRESIDING OFFICER. Without risk losing those things that today give in the United Kingdom and 457 percent objection, it is so ordered. Americans the highest quality health higher in Norway. Is there a genetic OBSTRUCTIONISM care system in the world. predisposition for the people of Norway Mr. REID. Mr. President, I wanted to Nine out of ten middle-aged Amer- to die of prostate cancer or of German say this to the occupant of the Chair ican women have had a mammogram— women to have breast cancer? I don’t personally, but I will take the oppor- 90 percent of American women—com- think so. I think these numbers, these tunity to say it now. The presentation pared to less than three-fourths of Ca- stubborn facts reflect that our Amer- the Senator made on the floor regard- nadian women. More than half of ican system of innovation and detec- ing health care was stupendous, ter- American men have had a prostate test tion and treatment is a good thing, and ribly impressive. I am going to take compared to less than one in six Cana- as we improve and fix our system, we much of what the Presiding Officer said dians. Nearly one-third of Americans need to be careful to maintain that today and use it in the information I have had a colonoscopy compared to type of quality. give people in Nevada and the presen- There are broken parts of our sys- less than 5 percent of Canadians. These tations I am making on the floor. It tem, to be sure, but my point today is are statistics we need to be proud of as was very good. compared to our Western allies. to urge this body to consider the con- As the health care debate has heated In addition to this focus in America sequences of all the options we will up this week, Republicans have once on prevention, we also spend less time consider. There is no question we need again rolled out one of their standard, waiting for care than patients in Can- to make health care more affordable stale talking points: They question the ada and the United Kingdom. Canadian and we need to expand access. Repub- efficiency of our government. When all and British patients wait about twice licans support providing affordable ac- else fails, all they do is berate the gov- as long—sometimes more than a year— cess to coverage for every American, ernment. to see a specialist. We don’t need and we can do that without a Wash- But if Republicans want to have an health care reform that moves us in ington, DC, takeover of health care. honest debate about how our govern- that direction. Mr. President, 827,429 What we cannot afford the risk of ment operates, I think one of the first people today, at this very moment, are doing is eroding the quality of care in things I would suggest is that they waiting for some sort of procedure in pursuit of our goals this year. The sur- should start looking in the mirror at Canada, and 1.8 million people in Eng- est way to destroy quality is to hand themselves. land are waiting for a hospital admis- the reins of health care over to the Today, Republicans are wasting more sion or outpatient treatment. They are Federal Government. taxpayer time and more dollars for no having to wait for that in England. I recently had the opportunity to dis- good reason. The tobacco bill on the We Americans also have better access cuss health care with a member of the floor right now is both responsible and to new technologies such as medical British House of Commons. That mem- overdue. After making us wait out all imaging than patients in Canada or the ber of Parliament said: Whatever you the 30 hours of procedural time before United Kingdom. Americans are re- do, do not do what we did in the United even moving to the bill—Mr. President, sponsible for the vast majority of all Kingdom. the 30 hours isn’t all of it. To get to health care innovations. The top five A Washington takeover of health that point, you have to file cloture, U.S. hospitals—only five top U.S. hos- care would result in a stifling of inno- which takes 2 days, and then we have pitals—conduct more clinical trials vation. I am convinced it would result the 30 hours—a total waste of time. Re- than all the hospitals in any other sin- in long waits. As we consider a so- publicans are now making us wait an- gle developed country. Only the top called public option, a public plan, we other 30 hours before we can vote on five outrank any other country in the need to ask ourselves: Will it lead, as I this bill. So it is 30 hours just to move world in clinical trials. We ought to be believe it will, to a one-size-fits-all to it, and then 30 hours once we are on proud of that. We ought not to enact Washington takeover of health care it. any program that would jeopardize and inevitably mean that our citizens Let me reiterate how important the that type of innovation. will be denied and delayed the health bill we are wasting time on not doing is Since the mid-1970s, the Nobel Prize care we need? We need to be careful as to the American people. Every day, in medicine or physiology has gone to we answer that question. I regret to 3,500 Americans try a cigarette for the American residents more often than re- say the plan I see taking shape on the first time, and the vast majority of cipients from all other countries com- other side of the aisle would result in them are children. Nationwide, 31⁄2 mil- bined. We get results based on our in- either a politician or a bureaucrat lion high schoolers smoke; 31⁄2 million novation and our research in the making your health care decisions in- boys and girls in high school smoke. United States of America. stead of you and your doctor. I urge my That is more kids than participate in All these numbers translate into one colleagues to protect innovation and to athletics in our schools who are smok- very important fact: Americans have a protect quality. ing. Tobacco companies make money better 5-year survival rate than Euro- I am convinced we can protect the hand over fist by marketing and selling peans for common cancers. For exam- doctor-patient relationship and make their poisonous products to our kids.

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.051 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6423 The bill before the Senate takes embarrass a friend, the chairman of am saying is the Republicans here in smart steps to keep our children and that committee, Chairman PAT LEAHY; the Senate—40 of them—are not being families healthier and keep the tobacco Harold Koh, nominated to be the State fair to our President and our country. companies honest. It will make it hard- Department’s legal advisor. Just like Last year, after Republicans held up er for those companies to sell tobacco the Interior Department, the State De- the work of the Congress more than to children; help those who smoke partment, Secretary Clinton wants a any other time in history—remember, overcome their addictions; it will make lawyer there, in that huge, most im- we had 100 filibusters last year—the tobacco products less toxic for those portant office. But no. Robert Grove, American people rejected the Repub- who cannot or do not want to stop. nominated to be Director of the Cen- lican status quo. They said no to Re- We have tried in good faith since last sus—no. publicans’ just-say-no strategy. I would week to reach agreement with Repub- I have only mentioned five. There are hope they would learn that the Amer- licans on amendments to this bill. Our 20 others. The Republicans recklessly ican people don’t like this—Independ- floor staff has given the Republican refuse to confirm our new Ambassador ents, Democrats, and Republicans don’t floor staff a finite list of both Demo- to Iraq. Listen to what they are doing like it. We want to work together. cratic and Republican amendments now. They are holding up LTG Stanley Take health care. They have seats at that we wanted to vote on as we con- McChrystal, an eminently qualified the negotiating table. We want to work sider the bill. With rare exception, the soldier, whom President Obama and with them. Energy, the same thing. amendments were germane. If not ger- Secretary Gates chose to be our new There is no question the American peo- mane, they were arguably germane. commander in Afghanistan. I met him ple are taking notice, and they are fed But no. These amendments included in my office the other day. This is a up with petty partisan games. There is three from Senator HAGAN, and one man with the military in his blood. His no question that these reckless tactics each from Senators COBURN, ENZI, father was a great general. His father have consequences. BUNNING, and LIEBERMAN. won five Silver Stars fighting for our Republicans delay and delay and Unfortunately, despite repeated ef- country around the world. Stanley delay to their own peril. The truth is forts to move forward, our Republican McChrystal is an expert in counterin- that all Americans suffer. It is time colleagues have said no every time. surgency, which we need so badly in that the Republicans let us get to work Republicans are also slowing down Afghanistan. But, no, we are not going and allow President Obama to have his nominees, and let’s get this bill off the our government in another way. In the to get him approved—at least for now. few short months since President Republicans are so opposed to every- floor. Every day we wait, 3,500 more Obama took office, Republicans held up thing, they even oppose putting people people are subject to being addicted to many of his nominees for crucial posi- in some of the most important posi- tobacco. tions. There are 25 being held up right I suggest the absence of a quorum. tions in our government. We believe— The PRESIDING OFFICER. The now, as we speak. Let me give you a the majority, Democrats—that those few of them. We have had to have clo- clerk will call the roll. who have been chosen to serve our The assistant legislative clerk called ture votes this year on the Secretary of country must be able to get to work the roll. Labor; the Deputy Attorney General, without delay. Mr. BURRIS. Mr. President, I ask the No. 2 person for a massive Justice Republicans across the country agree unanimous consent that the order for Department; the Deputy Secretary of with that, also. But we have 40 Mem- the quorum call be rescinded. the Department of the Interior, which bers of this body—Republicans—who The PRESIDING OFFICER. Without is like the Chief of Staff for the De- don’t represent Republicans across this objection, it is so ordered. partment of the Interior; two members country. Republicans, if given a Mr. BURRIS. Mr. President, I would of the Council of Economic Advisers; chance, wouldn’t they approve LTG like to speak for about 3 or 4 minutes. and, incredibly, America’s Ambassador McChrystal? Of course they would. And The PRESIDING OFFICER. The Sen- to Iraq, Chris Hill. They held him up the other people I mentioned. We be- ator is recognized. for a long time. Every time I spoke to lieve those who have been chosen to HEALTH CARE REFORM Secretary Gates, he wanted to know serve our country must be able to get Mr. BURRIS. Mr. President, for far where his Ambassador was, somebody to work without delay. President too long, this Nation’s broken health to run that country—at least American Obama was elected. Shouldn’t he have care system has limped along badly interests in that country. the people he wants to work with him? and in need of serious reform. Many in Today, they are holding up 25 or Perhaps those listening think this is Washington have lacked either the more qualified and noncontroversial how the Senate always operates. The foresight or the political will to take nominees, including Rand Beers, nomi- occupant of the chair is a new Senator. on this issue. For those who have tried, nated to be Under Secretary of the De- This isn’t how it used to operate. it has been almost impossible to get partment of Homeland Security, a Let me put these delays into context. anywhere. Even today, the President’s pretty important position; Cass In the first 4 months of the Bush ad- health care proposal is under attack Sunstein, nominated to head the Office ministration—the second Bush admin- from both the right and the left. I of Management and Budget’s Informa- istration—I am sure it was the same in think we need to do better. Con- tion and Regulatory Affairs division. the first Bush administration—when troversy should not drown out con- You could go to any law school in the Senate was controlled by the Presi- versation. America today and ask them to name dent’s party, and we were in the minor- The time has come to cast aside the the top 10 academics in law schools, ity, there wasn’t a single filibuster of a constraints of partisanship, stop bick- and Cass Sunstein’s name will be one of Bush nominee—not one. But in the ering, and start talking about real the 10 on everybody’s list. But he is not first 4 months of the Obama adminis- change. The American people have had good enough for the Republicans to get tration, Republicans have filibustered enough. It is time to get to work. him cleared; Hilary Chandler Tomp- eight of his nominees. Those are the The facts are plain: tens of millions kins, nominated to be the Solicitor for ones we had to file cloture on. I have of Americans are uninsured and under- the Department of the Interior. That is indicated that there are many others. insured. Many of these are children. the lawyer there. They have 70,000 em- With the constraints we have in the Even employer-sponsored coverage is ployees. Secretary Salazar thinks it is rules of the Senate, I cannot file clo- in jeopardy. Businesses are being a good idea that he has a lawyer there. ture on every one of these. Those fili- drained by skyrocketing costs, and They are not going to allow that; Wil- busters in the first 4 months of Senator many have cut benefits. High pre- liam Sessions, nominated to be Chair Obama’s administration are twice as miums, rising copayments, and expen- of the U.S. Sentencing Commission. many as President Bush faced in his sive prescription drugs are driving Listen to this one. We have been told first 4 months. American families to the brink. the reason he is not going to be ap- I hope people who are listening or Can we stand by and watch as unrea- proved is because he is from Vermont, watching understand this: We are not sonable health care costs cripple fami- and Senator LEAHY is chairman of the berating Republicans in Oregon or in lies who are already struggling? No, we Judiciary Committee. They want to Nevada or across the country. What I cannot.

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.052 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6424 CONGRESSIONAL RECORD — SENATE June 10, 2009 Can we allow this crisis to deepen, Breyer’s hearing was 60 days after the tration and Personnel Committee (or the leaving more and more hard-working announcement, Justice Roberts’—the Program Committee) and as a member of the Americans behind? No, we cannot. one that has been most cited and was board of Community Planning Board #6. In It is the solemn duty of this Congress addition, you indicate that you served as a the shortest—was 55, and Justice member and vice president of the board of di- to follow President Obama’s lead and Alito’s was 70. And I would note that rectors of the Puerto Rican Legal Defense & enact swift, responsible reform. We can Justice Roberts had 370 cases, whereas Education Fund; however, in response to cut costs and improve coverage. We can Judge Sotomayor has 3,500-plus cases Question 25, you indicate that you served as make the system smarter and less to review. So I think, to quote Senator First Vice President. Please clarify your re- wasteful. We can empower individuals SCHUMER and Senator LEAHY in re- sponse and supplement as necessary. and families to make important deci- marks they made previously, it is bet- (2) Question 12(a) requires lists and copies of materials written or edited. You have sions, not giant corporations or gov- ter to do it right than to do it too fast. been widely described as an editor of the ernment bureaucracies. We can and we I would note that late last week, the Yale Law Journal and as Managing Editor of must make quality, affordable health White House sent her answers to the the Yale Studies in World Public Order. How- care available to every single Amer- questionnaire we send to all the nomi- ever, you have not provided any copies of ican. nees, requiring a good deal of informa- materials from either publication. Please While I support the role insurance tion, and that is done on a bipartisan provide the Committee with copies of any companies play in our health care sys- basis. Those answers were sent forward materials you edited during your tenure as an editor of both law reviews. tem, I strongly believe a public option with great fanfare. In a press release (3) Question 12(b) requires copies and or/de- should also be available. This would re- from the White House Counsel’s Office, scriptions of certain reports, memoranda, or store accountability to the system and the Obama administration proclaimed policy statements prepared by specified or- increase competition, driving prices that they set a record by completing ganizations. You have stated that ‘‘As a down and making good coverage, pri- the process in just 9 days. But this is a member of various court committees, I have vate or public, more affordable for ev- confirmation process, not a confirma- prepared and contributed to numerous re- eryone. tion race. I think the White House ports and memoranda on court issues, which American businesses and families relate to internal court deliberations and are should focus more on having thorough not available for public dissemination.’’ have waited far too long for meaningful and complete answers to the question- However, the question is not limited to pub- health care reform. The time to act is naire, not on entering the ‘‘Guinness licly available reports. Please provide such now. Book of World Records’’ for the fastest reports and memoranda. Some of my colleagues have been response from a Supreme Court nomi- (4) Also with respect to Question 12(b), you working to fix our broken system for nee. initially omitted a report concerning the many years. Senator KENNEDY has been We know now that Judge Sotomayor death penalty that you drafted during your a leader on this issue throughout his time on the Board of the Puerto Rican Legal omitted or failed to include key infor- Defense & Education Fund. We would appre- career. This is the moment he and mation and has provided incomplete ciate confirmation that a thorough review of many others have been working to- and sometimes contradictory responses those records has been completed, given the ward. We must seize this opportunity to the questionnaire. The responses are initial omission, and that you have provided to reform health care in America. I not satisfactory. So today all seven Re- all relevant documents to the Committee in urge my colleagues to work with Presi- publican members of the Judiciary response to this question. dent Obama, as well as Senator KEN- Committee, who have been through (5) Question 13(g) requires a brief summary of and citations for all opinions where deci- NEDY, to make sure everyone has ac- this—most of them—for some time and sions were reversed by a reviewing court or cess to quality, affordable coverage. seen these issues develop before, have where the judgment was affirmed with sig- Mr. President, I yield the floor, and I written to ask that the nominee fulfill nificant criticism. For opinions not officially suggest the absence of a quorum. her duty to provide clear and complete reported, copies are requested. Although you The PRESIDING OFFICER. The answers to our questions in order to ob- indicate with respect to Bernard v. Las clerk will call the roll. tain quite a bit of information that is Americas Communications, Inc., that there The assistant legislative clerk pro- now not available and should have been was no formal opinion, you make no such ceeded to call the roll. representation with respect to the United included. States v. Gottesman opinion or the United Mr. SESSIONS. Mr. President, I ask Mr. President, I ask unanimous con- unanimous consent that the order for States v. Bauers opinion—yet it does not ap- sent to have that letter printed in the pear that copies of these opinions have been the quorum call be rescinded. RECORD. provided. Please clarify your response. The PRESIDING OFFICER (Mr. There being no objection, the mate- (6) Question 16(d) asks about trial experi- BURRIS). Without objection, it is so or- rial was ordered to be printed in the ence and requires ‘‘opinions and filings’’ for dered. RECORD, as follows: cases going to verdict, judgment, or final de- cision. For three cases you have indicated SOTOMAYOR NOMINATION U.S. SENATE, Mr. SESSIONS. Mr. President, I wish that ‘‘The Manhattan District Attorney’s Of- COMMITTEE ON THE JUDICIARY, fice is searching its records for information to assure our Members, the American Washington, DC, June 10, 2009. on this case.’’ Please provide us with this in- people, and Judge Sotomayor that our Hon. SONIA SOTOMAYOR, formation as a supplement to the question- committee is going to do its best to Office of the Counsel to the President, naire. have a hearing on her confirmation The White House. (7) Also with respect to Question 16(d), you DEAR JUDGE SOTOMAYOR: Thank you for state: ‘‘I tried an additional 14 cases during that would be worthy of the serious re- providing your questionnaire, assembled ma- sponsibility we have and that the my time as an assistant district attorney, terials, and June 6, 2009 questionnaire sup- from 1979 to 1984. The Manhattan District American people will feel is fair. I hope plement to the Judiciary Committee. Com- Attorney’s Office is searching its records for they will say it is the best hearing we mittee staff are reviewing your question- further information on these cases.’’ Please have ever had. naire responses and attachments and have provide us with this information as a supple- I have to tell you, though, things are noted a number of apparent omissions. In ad- ment to the questionnaire. moving faster than I would like to have dition, we believe that some of your re- (8) Question 16(e) asks about appellate seen them move, and it does cause sponses are incomplete. In view of these con- practice. Nominees are asked to provide cop- some difficulties for us. As I discussed cerns, we would respectfully ask that you re- ies of briefs and (if applicable) oral argument visit the questionnaire and provide another transcripts. You state: ‘‘I have requested the on the floor yesterday, the Republican supplement as soon as possible. If you be- briefs and any available transcripts from members of the Judiciary Committee lieve that your questionnaire is fully respon- these cases from the Clerk of the Court of are deeply concerned about this process sive, we would appreciate an explanation to the Second Circuit on May 30th and will for- being moved this rapidly. Yesterday, that effect. ward to the Committee as soon as I receive Chairman LEAHY unilaterally an- To assist you in completing your question- them.’’ Please provide us with this informa- nounced that the hearings would begin naire, below are some of the potential omis- tion as a supplement to the questionnaire. on July 13, some 48 days from the an- sions detected to date: We are also concerned that some of your (1) Question 6 asks for your employment nouncement of this nomination. I responses fail to provide the Committee with record. Although you indicate that you were the information to which it is entitled in re- won’t go into a lot of detail, but I a member of the board of directors of the viewing your nomination. would note that in the recent three Su- State of New York Mortgage Agency, it ap- (1) In response to Question 11(b), you state preme Court nominees, Justice pears that you also served on the Adminis- that you are a member of an organization,

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.053 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6425 the Belizean Grove, that discriminates on mittee with additional information on ing her time on the board of the Puerto the basis of sex. However, you indicate that June 6 which really should have been Rican Legal Defense Education Fund, you ‘‘do not consider the Belizean Grove to in the first response. However, we are she had initially omitted that from the invidiously discriminate on the basis of sex still concerned with several aspects. report. We would appreciate confirma- in violation of the Code of Judicial Con- duct.’’ Please explain the basis for your be- As I have already said, the minority tion that a thorough review of those lief that membership in an organization that leader reiterated this morning that records has been completed, given the discriminates on the basis of sex nonetheless members of the Judiciary Committee initial omission, and that she has pro- conforms to the Code of Judicial Conduct. and the full Senate need a complete vided all the relevant documents to the (2) Question 12(d) requires a list of speech- and thorough record in order to make committee in response to this question. es, remarks, lectures, etc., given by the informed judgments on this nomina- There are other questions of nominee or, in the absence of prepared texts/ tion. writings, reports, and speeches. Ques- outline/notes, then a summary of the subject This is a lifetime appointment. It is matter (not a topic or a description). We be- tion 12(a) requires the nominee to pro- lieve that numerous entries in your list do our one chance in Congress to get it vide copies of materials written or not provide a ‘‘summary’’ of your remarks; right. A Justice on the Supreme Court, edited. Judge Sotomayor has been instead, they set forth general topics. For if not faithful, has the power to actu- widely described as one of the editors example: ally alter the Constitution in addition of the Yale Law Journal and, as man- ‘‘I spoke on Second Circuit employment to faithfully follow it, and sometimes I aging editor, Yale Studies in World discrimination cases’’; think that is what they have done. Public Order. However, we have not re- ‘‘I spoke at a federal court externship class We need to know what kind of judges on Access to Justice’’; ceived any copies of either publication ‘‘I spoke on the United States Judicial we are going to get. Does this judge un- that she has edited. We need to see cop- System’’; derstand that he or she will be under ies of those materials. ‘‘I participated in a symposium on post- the law, subordinate to the law, one The questionnaire also requires cop- conviction relief. I spoke on the execution of who must faithfully follow the law or ies of reports, memorandums, and pol- judgments of conviction’’; do they believe they are above the law icy statements prepared by specified ‘‘I spoke on the implementation of the and have the freedom and the ability to organizations. The judge responded: Hague Convention in the United States and interpret it in new and novel ways abroad’’; [a]s a member of various court committees ‘‘I participated in an ACS Panel discussion which might seem to further some [she has] prepared and contributed to numer- on the sentencing guidelines’’; agenda he or she might have, if they ous reports and memoranda on court issues, ‘‘I participated in a roundtable discussion are on the bench? I think the American which relate to internal court deliberations and reception on ‘The Art of Judging’ ’’; people are concerned about that. I and are not available for public dissemina- ‘‘I contributed to the panel, ‘The Future of think they are right to be concerned tion. Judicial Review: The View from the Bench’ about that. Decisions have been ren- I don’t think those are the kind of at the 2004 National Convention. The Official dered, in my opinion, that are not documents that are secret. I think they theme was ‘Liberty and Equality in the 21st can be obtained, and I believe the ques- Century.’ ’’ faithful to the Constitution, not re- This list is not exhaustive. quired by the Constitution. tionnaire calls for all of those. In addition, we are concerned about the Those are things we need to talk Paragraph 12(d) talks about a list of fact that you have failed to provide a draft, about and do it in a fair way and do it speeches and lectures providing the video, or transcript for more than half of at a high level. There is no need to be text of those speeches or, if that is not your speeches, remarks, lectures, etc. Ac- personal about it. available, outlines or notes and, if not cording to your questionnaire, you have The oversights and errors in this that, a summary of the subject matter identified 191 occasions responsive to the questionnaire are the product of trying involved in the speeches. About a third questionnaire. For 98, you stated that you could not locate any record, for one you stat- to rush through a nominee with one of of those speeches have not been pre- ed that you gave a standard speech, for two the most lengthy records in recent his- pared and the summaries are inad- you cross-referenced a different speech, for tory, maybe ever, to the Supreme equate. I will give an example. This 81 you provided a draft or video, and for Court, in one of the shortest time- was a response to one of them: eight you provided news clippings instead of frames in history. I spoke on Second Circuit employment dis- a draft, transcript or remarks. We are par- I think we should try to get it right. crimination cases. ticularly troubled because there may well be I believe a fair and thorough process, in There is no summary of what it was transcripts available for certain remarks: for the best spirit of this Chamber and in example, a transcript of the 2004 panel enti- about, no outline or other information tled ‘‘The Future of Judicial Review: The the best interest of this Nation, is what on that speech. View from the Bench’’ was available online. we should look forward to. I want to Another one: Please advise us of the process you under- see we get the complete record and get I spoke at a federal court externship class took to search for these speeches, and for back on the right track. I believe we on Access to Justice. those that you are unable to provide to the can do that and it is important we Another one: Committee, please provide a more thorough work at it. explanation of the content of each speech. I promise, as I said, to do what I can, I spoke on the United States Judicial Sys- tem. Although you have provided a great deal of and I believe we will have a very fair information to the Committee, and we appre- Another one: ciate your efforts, it is important that your and objective hearing. But it is also I participated in a symposium on post-con- information be complete to permit the Com- important that we are fair to the viction relief. I spoke on the execution of mittee to properly evaluate your record in American people. They are depending judgments of conviction. the short time that has been provided. on us to carefully scrutinize anyone Thank you for your attention to this mat- who comes up for confirmation. We Another one: ter. We look forward to your receiving your cannot do that without a complete I spoke on the implementation of the supplemental answers as soon as possible. questionnaire. Hague Convention in the United States and Sincerely, There are a number of things I raised abroad. JEFF SESSION. It goes on. There are several others. CHUCK GRASSLEY. the other day, yesterday, about the JOHN CORNYN. shortfall. I will briefly make a point or But those are inadequate responses, JON KYL. two. The letter sets forth in some de- probably as a result of rushing the TOM COBURN. tail quite a number of areas we set questionnaire through. I hope the ——— forth. It is eight different items and nominee will go back and see, first of ORRIN HATCH. some other comments that we believe all, if she can find the written speech Mr. SESSIONS. Mr. President, the are inaccurate and we call for addi- she gave and provide us a copy of it. judge has provided our committee with tional information. There are some sig- That would be helpful as we review a good deal of information. We also ap- nificant matters there. these matters because there have been preciate that the judge has already When the judge supplemented her ini- some questions about speeches that the once recognized that her quick ques- tial questionnaire on June 6 by pro- nominee has made. tionnaire was incomplete. The issue viding us with a report concerning the I will not take any more time. I will was raised, and she provided the com- death penalty article she drafted dur- let the letter speak for itself. I tried to

VerDate Nov 24 2008 04:07 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.038 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6426 CONGRESSIONAL RECORD — SENATE June 10, 2009 call the judge earlier this afternoon, ance, somewhere in the neighborhood I want everyone to understand why but she will not be available until of 27 to 47 million, depending on who process is important. Health care re- sometime later, to tell her this is com- you are counting and who is talking, form is important, to be sure. Getting ing forward. I believe her staff may do not. That makes accessing health things done obviously is important. have already been notified of it, the care expensive and very challenging for But so is process. It is not because I do White House Counsel’s office. them. not want health care reform, nor is any These are not little bitty matters. In addition, the government-run Member in this body in a position to They are important matters. If we are Medicare Program, which is on the say they do not want health care re- going to move forward in a record- verge of bankruptcy, by the way, does form. I want every single Kansan, breaking timeframe, the least we can not pay doctors and pharmacists and every single American, to be able to expect is complete and full answers to ambulance drivers and nurse clini- see the doctor of their choice when these questions. It is appropriate that cians—pardon me, clinical lab folks they want to, especially when they we insist this questionnaire be properly and home health care providers and al- have to. and completely answered. I hope and most every health care provider that I speak today because this health believe it will be. Certainly that is you can name—they do not pay them care reform bill will likely involve one what our request is. enough to cover their cost. Unless of the biggest, most important votes I yield the floor and suggest the ab- these providers have a non-Medicare that I or any one of my colleagues will sence of a quorum. population to recoup their losses, they cast during the time we are privileged The PRESIDING OFFICER. The cannot stay in business and their pa- to serve in the Senate of the United clerk will call the roll. tients lose out—a de facto rationing of States. This health care reform bill The legislative clerk proceeded to health care. will affect the lives of every single call the roll. As a member of both the Finance and American. It will reform a system that Mr. ROBERTS. Mr. President, I ask HELP Committees, and the cochair of drives one-sixth of our economy, over unanimous consent that the order for the Senate Rural Health Care Caucus, I the quorum call be rescinded. 16 million American jobs. It will have am able to participate and have been consequences for medical science and The PRESIDING OFFICER. Without participating, along with staff, in this objection, it is so ordered. innovation that improve the lives of complex and very difficult effort. We not only those of us in this great coun- Mr. ROBERTS. I ask unanimous con- must reform our health care system sent that I may proceed for about 12 or try but all across the world. When peo- into one that guarantees meaningful ple are really sick, they come to the 13 minutes as in morning business. access for all Americans, and guaran- The PRESIDING OFFICER. Without United States. tees that patient-doctor relationship. This bill will spend upwards of $2 tril- objection, it is so ordered. However, this effort to date has been a HEALTH CARE lion—$2 trillion—our children and tale of rhetoric versus that of reality, grandchildren will have to some day Mr. ROBERTS. Mr. President, I rise the promise of cooperation contrasted today to talk about health care reform. repay. If we are going to do this, we with the unfortunate but real fact of cannot afford to get it wrong. For this What else in regard to the interests of partisanship, something I do not like the American people and what we are reason, I initiated a letter about a to say. week ago on behalf of all of my Repub- doing here? Let me explain. President Obama, lican colleagues on the Senate Finance As the Republican leader, Senator who ran as a ‘‘postpartisan’’ candidate, Committee and on the HELP Com- MCCONNELL, has pointed out in several has made many overtures to Repub- mittee. I asked the chairmen of those floor speeches over the past week or so, licans indicating a desire for this proc- respective committees, the distin- the desire for health care reform on ess to be bipartisan. He just met with both sides of the aisle is one that some members of our leadership and guished chairman, Senator DODD, who unites this Chamber across both polit- obviously the leadership on the other is now serving in Senator KENNEDY’s ical and geographic boundaries. side of the aisle as of today. absence, to give this process the time Our system of health care produces Others in the Senate have declared and the careful consideration it de- some of the best care in the world and their goal to be a bill that attracts up- serves. That was the message of the it is the driver of a substantial share of ward of 70 votes. Is that possible? I letter: Give us the time and the very the medical innovations that have would hope so. It could be. That would careful consideration this vital issue wiped out diseases, improved our com- be a tremendous victory for the Senate deserves. fort, and extended our time on this of the United States and the American It seems to me our requests have Earth. people. been extremely reasonable. First, However, this system is not truly ac- But the reality is something very dif- please provide us with your detailed cessible to everybody, and that is the ferent. Today in the HELP Committee, plan with enough time for us to read it, problem. That is what this entire de- the Health, Education, Labor and Pen- to understand it, and get feedback from bate boils down to: your ability to have sions Committee, we have just begun our constituents back home, the people access to a doctor, to go see the doctor the process of walking through a 615- the bill will affect. of your choice when you need to see page bill that we are scheduled to mark We have done this in the Finance that doctor. up next Tuesday. Committee. Goodness knows, I do not Solving this problem of access is ex- This bill does not have one single Re- know how many panels we have had, ceedingly complicated, partly because publican contribution, as far as I can how many walk-throughs, how many it evidences itself in so many diverse tell. Moreover, it is incomplete, with slide presentations. Boy, that is tough ways all across the country, so many many details missing. For example, the in the afternoon to turn the lights off geographical areas. For example, in our small detail of how much it will cost. as Senators and try to pay attention to rural areas in Kansas, we are strug- There is no cost estimate to this bill of fact after fact after fact and suggestion gling with attracting and retaining 615 pages, just going through it as of after suggestion after suggestion and doctors and keeping the doors open to today, going to try to mark it up next policy objective after policy objective our hospitals, to our pharmacies, and Tuesday. on each day as we go through the legis- clinics. We talk about recruiting ath- Come on. That is not the way we lative swamp, to try to get this from letes. My goodness, the business of re- should be doing business. The Finance here. cruiting doctors and health care profes- Committee has conducted a parallel Our requests, again, I think—I want sionals is equally as competitive. and I think, quite frankly, a better to say it again. First, you should pro- In our urban areas such as Kansas process so far, and I wish to thank vide us with your detailed plan with City and Wichita, our providers face Chairman BAUCUS and Ranking Mem- enough time for us to read it, under- very different challenges which are just ber GRASSLEY and their staffs for their stand it, get feedback from our con- as daunting and which threaten a pa- efforts. But we still have not seen a de- stituents back home, the people the tient’s ability to access health care. tailed proposal or cost estimate, and bill will affect. The reason I said that On top of that, although some 250 we are being pushed to mark some- twice is that every day we had one of million Americans have health insur- thing up in the next few weeks as well. these slide shows, every day we had a

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These are the people Every single Republican member of dency of George Bush will be equaled in who actually do provide the health the Finance Committee and HELP the next 5 years. care. Committee signed the letter. Every We will double the amount of Federal I know the arguments that say: Well, single one expressed a desire to work debt, public debt in this country in the now, wait a minute. We need to cut out with our colleagues to achieve bipar- next 5 years. We will triple it in 10 fraud, waste, and abuse, and we need to tisan health care reform. years. We are borrowing and spending be much more cost conscious. We need That brings me back to today’s money around here on a spree that lit- better practices in regard to better HELP Committee walk-through of 615 erally is without precedent in Amer- medical practices. We need a lot of pages of an incomplete draft, the ican history. things to either suggest or to rushed HELP and Finance markup It should be of concern to all Ameri- incentivize or to maintain what the schedule, Tuesday, and then in about a cans for the obvious reason. They have health care providers do. week or two, the arbitrary floor debate a share of that debt. In fact, according But in the end result, if that person deadlines that we hear from leadership. to USA Today, if you just take the is sick, they are going to have to see a I hope our letter will slow this hurried amount of debt that has been accumu- doctor, and they are going to have to dash to an imaginary finish line. Slow lated since the beginning of this year, see a nurse or some health care pro- it down. Slow it down. I know it is ex- with the passage of the stimulus bill, vider. So in the end result, we better at tremely important that we pass good with the new appropriations bill that least be doing something that the pro- health care reform legislation. It is passed, an 8.3-percent increase over the viders say, yes, this makes common also extremely important to prevent previous year, which was twice the rate sense or you are going to see either one bad legislation from passing and get of inflation, and all the other spending of two things: You are going to see a America saddled with it for about 20 or that is going on with the various bail- political revolt when they say, no, we 25 years. I wish at the end of every out programs and whatnot, the average are not going to go down that road or committee room, if in fact the bill gets family’s share of the debt this year else you are going to see a continu- to committee, the committee of juris- alone is $55,000. The average family’s ation of rationing where providers say: diction, that we can hold appropriate share of the Federal debt is $55,000 per No, I am not going to take part any- hearings, we would have a sign that family in debt accumulated just since more in the Medicare Program, be- says, ‘‘Do no harm.’’ And then right the beginning of this calendar year. cause I am not getting reimbursed up below it perhaps we could put ‘‘whoa,’’ The amount of borrowing is without to cost. until everybody can slow down and precedent. The amount of spending You can have the best government read it in regard to process, and cost, that is being done is without prece- program in the world, you can have the and specifics of the bill, and trying to dent. All under the guise of this is an best government card in the world. But work together to get a good product. emergency, and we have to react this if you cannot find a doctor who pro- There is no reason why the Senate way. But I think as more of this spend- vides service or a home health care should rush through a bill that has this ing and more of this debt accumulates, provider who will provide service, or much at stake. So time out. Time out. the American people have become more any provider who will provide that Time. Slow down. Give us the details. convinced that the spending isn’t solv- service well, where are you? That is all we are asking for. The peo- ing the problem it was supposed to Second, I would like to see provided ple of this great Nation deserve noth- solve, which was we were going to cre- the cost estimates from the Congres- ing less. Let’s get health care reform ate jobs, get the economy growing and sional Budget Office and the Joint Tax and let’s get it right. expanding again. We haven’t seen any Committee. Let us know how much all I yield the floor. of those effects. of this is going to cost. That is ex- I suggest the absence of a quorum. What we have seen, of course, is more tremely important. We are hearing The PRESIDING OFFICER. The debt, more interest, and a bill that we anything from $1 to $2 trillion. clerk will call the roll will hand to future generations that is Then, lastly, how will it be paid for? The assistant bill clerk proceeded to not fair to them because we should not I know we are into an era now where call the roll. be penalizing future generations and basically we have the printing presses Mr. THUNE. I ask unanimous con- pushing them because we haven’t been rolling, and we have an Economic Re- sent that the order for the quorum call able to live within our means. covery Act and we have many facets of be rescinded. The most recent response to that by that, we have the stimulus, the omni- The PRESIDING OFFICER. Without the administration was yesterday. bus, we had the President’s budget and objection, it is so ordered. They came out and announced they are we had TARP, and we had four dif- Mr. THUNE. I ask unanimous con- going to implement pay-go. So we are ferent other acronyms under TARP, sent to speak as in morning business. going to have pay-go regulations or and we did not worry too much about The PRESIDING OFFICER. Without pay-go policies now in place with re- the pay-fors and who was going to pay objection, it is so ordered. spect to the Federal budget and the for it. We let the printing presses roll, PAY-GO way we operate in Congress. Inciden- because nobody wanted to see eco- Mr. THUNE. Mr. President, there is a tally, even when pay-go was in effect, nomic Armageddon. disturbing pattern emerging in Wash- it was not very effective because much Could we have done it better? I think ington, DC, which I don’t think is of the budget, much of the spending so. But that is yesterday’s decision. So being lost on the American people. We that occurs in Washington is outside we should identify how this will be paid have seen, since the beginning of this the realm or outside the net of pay-go. for or are we not going to pay for it. year, with the new administration In fact, if you look at what pay-go Are we simply going to go ahead—there coming into power, the new Congress does in terms of its design, it exempts has been some discussion about some taking control of the leadership in both all discretionary spending, would allow aspects of it that you would not pay the House and Senate, an enormous all current entitlement programs, such for. There are other aspects that we amount, an unprecedented amount of as Social Security, Medicare, and Med- need to go into, because they involve spending, borrowing, and taxing. To icaid, to continue to grow on autopilot. probable tax increases, and now is not bear that out—this information has It affects only new entitlements or tax the time to be increasing taxes, espe- been used before—if you actually look cuts that may be created in the future. cially on the small business commu- at the numbers, you have to go back a Pay-go also allows expiring entitle- nity, despite the need for health care long ways in American history, go ment programs to be extended without reform. back to the foundation of our country, offsets but not expiring tax cuts.

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.057 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6428 CONGRESSIONAL RECORD — SENATE June 10, 2009 So it is clearly biased in favor of been done, eventually would end up I think it does one thing: It obviously higher spending and higher taxes. In going. They would gravitate there. would lead to a rationing of health fact, if it does not apply to discre- More and more small businesses either care. By that I mean, simply again, tionary spending and if, in fact, it does would be forced to pay fines, if they did that the government would have to try not in a meaningful way apply to enti- not have insurance themselves or offer the clamp down on costs, limit the ac- tlement reform—in other words, it sim- insurance. The suggestion is—and I cess of people to have certain types of ply puts sort of a cap on how much en- think it is a fair one based upon the therapies, certain types of treatments, titlements can grow, but it doesn’t get analysis that has been done by a lot of and I think you would find less and less at the fundamental issue that these the independent outside groups—you choice available in health care in this programs continue to grow unabated— will see more and more small busi- country. That is what I think a govern- it is simply one thing: a statutory ex- nesses giving up their health care cov- ment-run system would give you in the cuse to raise taxes. That is essentially erage and having their employees move end. what pay-go is. and transition into the government Most of us on this side have laid out The new administration came out plan. The government plan will become a number of proposals, alternatives to with the news bulletin yesterday that the repository for all the employees a government-run system. Everybody this is somehow a bold, new step and who are currently covered in employer- says: Well, come up with a plan of your that they are going to attack and take provided health care plans in this coun- own. We have a number of them out on this deficit and this debt we have. try. there. We have a Coburn-Burr plan that Of course, what they didn’t tell us is— So the government component of this has been introduced. Senator GREGG sort of the expression we use in my will continue to grow, and eventually from New Hampshire has a plan that part of the country—it is like closing you will have a system that very much has been introduced. There is a Ben- nett-Wyden bill, which is a bipartisan the barn door after the horse is already models or is very similar to what we bill, that has been introduced out out of the barn because we have al- see in other places around the world. there. But there are a number of alter- ready got all this spending this year Some people talk about Canada, some natives that have been put forward by that wasn’t covered by pay-go. The people talk about Europe and all these Republicans. stimulus bill, which was $800 billion in great systems. But the reality is, a lot new borrowing, was outside of pay-go. To date, we have only seen little sort of the people in those countries come of generalities about the Democrat In fact, over the past several years now to the United States. The reason they that the Democrats have been in power plan. All we simply know is they are come here is because we have the high- going to insist upon a government-run in the Congress, they have consistently est quality care and because they can violated the pay-go standard, about 15 component to that. Again, it simply is get access to it. nothing more and nothing less than a times, to the tune of about $882 billion The one thing that happens when the in all this new spending that was done government takeover of health care, government runs health care is the which is going to lead to all kinds of outside of pay-go. government decides what procedures So now it is like all of a sudden com- outcomes that I do not think most peo- are covered. The government decides ing to the conclusion and realization ple in this country are prepared for what treatments are going to be part of that now we are going to get serious and, frankly, if they had the oppor- the coverage. The government will de- about deficits, now we are going to get tunity, would not support. cide how soon you can get access to serious about spending, now we are But they have entrusted us with the those treatments. What you find in going to somehow clamp down on all responsibility to look for ways to make other countries around the world are these new programs that are out there. health care more affordable in this long lines, long waits, and that is fairly Somehow, at least rhetorically, sub- country. There are lots of good sugges- scribing to pay-go as a concept is going typical of the countries I mentioned. tions which, as I said before, Repub- The thing that makes the American to be the solution and the answer to licans are putting forward. But it is system so unique in all the world is its that. going to be very difficult if the bright I think we all know better than that. dependence upon and its foundation red line that is put forward by the As I mentioned, pay-go has been rou- upon a market-based system. It has led Democrats in the Senate and in the tinely sort of ignored in the past. Even to incredible innovation. It has led to House of Representatives is a govern- if it were to apply, as I mentioned ear- incredible research and development, ment-run program, a government-run lier, it does not capture much of the new treatments, new therapies, and has plan or else. I certainly am not going spending that goes on here in Wash- provided all kinds of opportunities for to subscribe to that sort of a solution ington. It is simply nothing more than people of this country to receive health for America’s health care system. Nor a statutory excuse to raise taxes. care, and, frankly, as I mentioned be- do I think it is going to be in the best Having said that, I mentioned before fore, for people from other countries interests of patients and consumers much of the spending that has already who come here to get their health care. around this country or providers, for occurred here in Washington. Yet the So why we would want to throw out that matter, to do that. big-ticket items are still looming out that part of our health care system So health care debate is one debate there on the horizon in the future. By that is so good and replace it with a that is out there. The reason I raised that I mean health care reform, which government-run system—which, frank- that issue is because it ties back into is a big priority of the administration. ly, again, the government is going to my point earlier that the amount of We are starting to see more details, get get in the middle of the decision be- spending and borrowing and taxing a little bit of a glimpse of what that tween the consumer of health care or that is going on here is—if you look might entail. the patient and their provider, the phy- back at what has already been done, it We know, for one thing, based upon sician, and make those decisions. It is enormous, it is enormous by any the statements that have been made by seems to me that is not a model we comparative standard in American his- the President and by the Democratic want to emulate in the United States. tory. But the big-ticket items are still leaders in the Congress, they want it to As I said, we have a system that out there because the health care plan, include a government plan, purely and needs reform. We have flaws in the way as we understand it—again, it has only simply. They want a government plan, our current system works. But the fact been conceptual. We have not seen the which means one thing; that is, that is, it is the very best health care sys- details emerge from any of the Demo- the government takes over health care tem in the world, and I think it would crats’ ideas. They are starting to roll in this country. Because you cannot be a big mistake for us to go down a more of it out. But one thing is clear: maintain a private insurance program, path that shifts and moves more and It is going to have a huge price tag. We you cannot maintain a private-sector more people into a government-run, are talking about anywhere from $1 delivery system, a market-based health government-controlled system, where trillion to $1.5 trillion to $2 trillion. Of care system in this country if you are the government decides what proce- course, if they are going to adhere to going to have a government plan. dures are going to be covered and how the newly announced pay-go standard, The government plan is where every- soon you are going to have access to that means this new entitlement pro- body, according to studies that have them. gram has to be paid for.

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.059 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6429 So where does that $1.5 trillion or $2 which is currently moving through the that, increasing the amount of govern- trillion come from? Well, obviously, it House of Representatives, reaches the ment ownership of America’s private is going to come from some revenues Senate, and if it does, in fact, pass the economy. If there is one thing Ameri- raised from some part of our economy. Congress this year, that, too, will en- cans are clear on, it is that the govern- That means a lot of hard-working tail an incredible amount of taxation, ment should not be taking over bigger Americans are going to see their taxes because there is no way in this country and bigger shares of the American go up to finance this new government you can attach, essentially, a cost to economy. takeover of health care, which is going carbon per ton and force companies There was a survey recently by Ras- to give them fewer options, and get in that emit to buy the credits that would mussen that said 75 percent of Ameri- the way of the patient-doctor relation- be associated with that without them cans agree the Federal Government ship and cost them a lot more in the passing it on. They are going to pass it should not take over the U.S. banking form of higher taxes. on. Everybody admits that. The Presi- system. That was a poll done in Feb- I think even though much of the dent has admitted that. The leadership ruary. More recently, 60 percent say spending I have already referred to is on the other side has admitted that. that the bailout loans given to GM and in our rearview mirror—all that is left All the utility companies in the coun- Chrysler were a bad idea. That was an is to pay the bill for that. We still have try will tell you that. April 21 poll. A new poll, done on May to pay the bill. We are borrowing, A carbon tax, a national sales tax on 31, just recently, shows that 67 percent which means somebody is going to pay energy, would hit places such as where of Americans are opposed to providing the bill. We are going to hand off the I am from in the Midwest the hardest General Motors with $50 billion and bill to the next generation of Ameri- because we are, by and large, propor- giving the government a 70-percent cans because, obviously, when you bor- tionately more dependent upon coal- ownership interest in GM. Mr. Presi- row $1 trillion, someday it has to be fired power than are many other areas dent, 56 percent of voters said it would paid back. In the meantime, when you in the country. We have a sparse popu- be better to let GM go out of business. continue to rack up that kind of bor- lation, which means we have a ‘‘higher None of us want to see that. But I rowing and when you continue to do all carbon footprint,’’ which means people think none of us, at least most Ameri- the other things we are doing in our in the Midwest, in States such as mine, cans do not want to see the govern- economy in terms of interventions, are going to pay way more for energy ment owning more and more of Amer- whether it is with regard to financial under any kind of a climate change bill ican companies. The Federal Govern- institutions or auto manufacturers— or what we call a cap-and-trade bill or ment is inevitably going to use that you can kind of go down the list—in- cap-and-tax bill. ownership stake to push its own agen- surance companies now that the gov- However you want to refer to it, da. ernment actually has an ownership in- there is no way of getting around the In a moment of extreme candor, terest in that—we are acquiring enor- fact that it is going to cost an enor- former Labor Secretary Robert Reich mous amounts of exposure and debt for mous amount every single year for declared that if the government is an the taxpayers of this country. families in this country, for businesses active shareholder, they should ‘‘push The health care plan is going to be in this country, for industrial users, for management to take actions that are another $1.5 trillion or $2 trillion on school districts. I have seen the statis- not necessarily geared toward higher top of that. When you borrow that tics from school districts in my State, shareholder return.’’ Think about that statement. The amount of money, you do have to pay from commercial users, from residen- government owns more and more of it back. By the way, I should mention, tial users about what those costs are American businesses. They should too, the interest on the amount of debt going to be. They are stunning. we are going to rack up in the next 10 So that is another tax that is still ‘‘push management to take actions years alone is about $5 trillion. Think out there. Add that to the health care that are not necessarily geared toward higher shareholder return.’’ In other about that. That is just to pay the fi- tax that will come with whatever words, the government should use its nance charge on the debt we have in health care bill is passed through here, newly acquired power in formerly pri- this country. Think about the enor- and the amount of taxation is going to vate companies to further its own mous burden that places on the Amer- start to rival the amount of spending agenda. ican taxpayers and the American econ- and borrowing that is going on in Both the political process and the omy. Washington. free markets are going to be distorted What generally happens in a case But it brings me to my final point, if that happens. In fact, in the New Re- such as that is, when you borrow that and that is what I am concerned about public, Noam Scheiber recently wrote much money, there is a lot more pres- and what I am starting to hear more that ‘‘government ownership invari- sure out there, and the people who are and more from people in my State of ably politicizes management decisions buying that debt are, at some point, South Dakota—in many cases unsolic- which could be a fiasco.’’ The article going to start demanding a higher in- ited—who come up to me and raise this notes that a coalition of unions is lob- terest rate. When interest rates go up, issue of the amount of government bying against providing bailout dollars with the higher return on their invest- ownership of our private economy. We to Principal Financial Group because ment, generally inflation follows with are seeing, again, unprecedented levels. of its opposition to ‘‘card check.’’ You it. So you have all kinds of economic If there is one bedrock principle in find more and more of these pressures problems that are created by the level American history, it is the adherence on now because the government has a of borrowing we have already incurred. to the ideals of private enterprise. bigger and bigger stake in the govern- And we are going to add a new health In recent months, however, the ment dictating day-to-day manage- care entitlement on top of that. It lit- United States has substantially devi- ment decisions in American business. erally is breathtaking the amount of ated from this historical pattern, and That is not a path I would argue we intervention we are seeing in the pri- the Federal Government now owns sub- want to go down. vate marketplace today. stantial shares of major U.S. corpora- The Economist commented on the I talked about some of the spending tions. We own—the taxpayers; I mean government-forced Chrysler bank- and some of the borrowing that has you and I and all of us here—we are ruptcy: been done. But in the taxes that are now shareholders in a lot of major U.S. going to be associated with health In its haste it has vilified creditors and rid- corporations. The taxpayers—the Fed- den roughshod over their legitimate claims care—and I could go down a list. There eral Government—own 79 percent of over the carmaker’s assets. At a time when is a three-page list of the various, what AIG, 75 percent of General Motors, 10 many businesses must raise new borrowing we call pay-fors or ways of raising rev- percent of Chrysler, 36 percent of to survive, that is a big mistake. . . . The enue to help finance health care. But Citibank, 80 percent of Freddie Mac Treasury has also put a gun to the heads of there is also another big tax looming and Fannie Mae. And it goes on and on GM’s lenders. on the horizon, and that is the carbon and on. In a recent Bloomberg article, Brad- tax, what we call the national sales tax So we have all this spending, bor- ley Keoun warns of some of the prob- on energy. If this climate change bill, rowing and taxing and now, on top of lems that Citigroup—and other banks

VerDate Nov 24 2008 00:46 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.060 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6430 CONGRESSIONAL RECORD — SENATE June 10, 2009 incur in accepting bailout money—may to finance the proposal the new admin- The PRESIDING OFFICER. The encounter as a result of the partial istration has for health care reform clerk will call the roll. government ownership. Among them and how that takes us even further The assistant legislative clerk pro- he cites government pressure for strict- down the path of government interven- ceeded to call the roll. er compensation rules, directives to tion and a level of nationalization of Mr. MCCONNELL. Mr. President, I focus on ‘‘State-approved social objec- our private economy—in this case ask unanimous consent that the order tives,’’ instead of increasing earnings, health care—and that pattern that just for the quorum call be rescinded. scrutiny of advising or being forced to seems to be continuing and which I The PRESIDING OFFICER. Without ‘‘exit risk-taking businesses that are think more and more Americans are re- objection, it is so ordered. profitable competitors.’’ acting to and more and more Ameri- I think there is plenty of thought out cans, I believe, are going to become en- GUANTANAMO there from people who understand the gaged in. Mr. MCCONNELL. Mr. President, it economy and the importance of the pri- Members of Congress on both sides wasn’t that long ago that the Senate vate market, its tradition, its con- are going to be hearing from their con- voted almost unanimously to oppose tribution to the success of the Amer- stituents about what they perceive to bringing any terrorists at Guantanamo ican economy, and the prosperity we be a real threat to the long-term via- to the United States. But earlier this enjoy today, as well as lots of anec- bility, the long-term prosperity, and week, the administration ignored the dotal and other evidence that when the the long-term protection of the tax- will of the American people as ex- government gets into these particular payers’ interests. pressed through that Senate vote by situations where it is trying to influ- I hope they will become more en- transferring a Guantanamo detainee ence the day-to-day decisions of pri- gaged. I certainly hope we will be able named Ahmed Ghailani to New York. vate business in this country, those to defeat proposals that come before The purpose of the transfer is to try who are trying to manage our private the Senate that call for greater govern- Ghailani in a U.S. civilian court for his businesses in this country, leads to all mental ownership, greater govern- role in the African embassy bombings kinds of fiascos and disaster. mental intervention, greater expansion of 1998. The administration’s decision I would mention one other point and of governmental powers in Washington raises a number of serious questions. that is, according to Bloomberg, after that will limit the choices of Ameri- First, Ghailani has already admitted demands from lawmakers, Citigroup cans, limit their access to health care that he attended a terrorist training consented to support cramdown legisla- opportunities, health care therapies, camp in Afghanistan and assisted those tion, even though this policy was op- health care treatments that all too who planned and carried out the em- posed by others in the banking indus- often are lost, I believe, in a system bassy attack, but says he did so unin- try. where the government rations care. tentionally. In a U.S. civilian court, if It is pretty clear these types of inter- I yield the floor, and I suggest the ab- you’re found not guilty, you’re allowed ventions into the private marketplace, sence of a quorum. to go free. So if we are going to treat into the free market economy in this The PRESIDING OFFICER. The this terrorist detainee as a common ci- country, lead us down a path that is clerk will call the roll. vilian criminal, what will happen to not good for the American taxpayer, The assistant legislative clerk pro- Ghailani if he’s found not guilty? And not good for the American economy, ceeded to call the roll. what will happen to other detainees and that it stifles innovation and en- Mr. REID. Mr. President, I ask unan- the administration wants to try in ci- trepreneurship. In fact, I would argue imous consent that the order for the vilian courts if they are found not it kills the entrepreneurial spirit in quorum call be rescinded, guilty? Will they be released? If so, this country to have government tak- The PRESIDING OFFICER. Without where? In New York? In American com- ing bigger and bigger ownership inter- objection, it is so ordered. munities? Or will they be released ests, bigger and bigger ownership MCCHRYSTAL NOMINATION overseas, where they could return to stakes in the American economy, and Mr. REID. Mr. President, in my office terror and target American soldiers or further dictating the decisions, the a few minutes ago, I received a call innocent civilians? day-to-day decisions which American from Admiral Mullen, the Chairman of Second, if Ghailani isn’t allowed to businesses make that are designed to the Joint Chiefs of Staff. I wrote down go free, will he be detained by the gov- grow their companies, to get a better what he asked and what he said. He ernment? If so, where will he be de- return for their shareholders, to be- said: Senator, there is a sense of ur- tained? Would the administration de- come more profitable, to make Amer- gency that General McChrystal be able tain him on U.S. soil, despite the objec- ica more prosperous, to raise our to go to Afghanistan tonight. tions of Congress and the American standard of living, and to deliver more There is no commander in Afghani- people? benefits to their employees—all these stan. things that have driven this economy Admiral Mullen said—and I wrote it Third, why does the administration and made it the envy of the world. I down: Admiral McChrystal is literally think a civilian court is the appro- don’t think we want to go down a path waiting by an airplane. It is 2 o’clock priate place to try Ghailani? Congress or stay down a path that gets us deeper in the morning Thursday in Afghani- enacted the military commissions and deeper into ownership of the pri- stan. Dawn will soon be breaking and process on a bipartisan basis as a way vate economy. our troops will not have a commander to bring terrorists to justice without I am going to be introducing and fil- there. disclosing information that could harm ing a piece of legislation tomorrow Is this what the minority wants? national security. Some have com- which addresses this issue and which Why can’t they come and approve this plained that the previous administra- provides an exit strategy for the Fed- man to go defend us in Afghanistan? I tion moved too slowly on military eral Government and for the taxpayers am without words to try to explain my commissions, but a lot of that delay to begin to get out of all these owner- consternation at the fact that General was due to the constant legal chal- ship interests they have in the Amer- McChrystal, one of our most eminent, lenges that were leveled against the ican economy, and I will have the op- prominent, outstanding, qualified sol- process, including by some in the cur- portunity on the floor to talk more diers, a man whose father won five Sil- rent administration. In fact, Ghailani’s about that at a later time. But this ver Stars, a man whose record is one of case was already being handled by the afternoon, I wished to touch on these being the leading person in our mili- military commissions process—to the issues as we begin the debate which has tary to do counterinsurgency—that is point that a judge had established a sort of captured this city and the Con- what he is an expert in doing. trial schedule for him. I ask unanimous gress and the administration and I Let’s get the man approved tonight consent that the trial schedule be think very soon will engage the Amer- so he can leave in an airplane and get printed in the RECORD. ican public over health care reform and over there and take care of his men and There being no objection, the mate- the trillions of dollars of new taxes and women. rial was ordered to be printed in the revenues that are going to be necessary I suggest the absence of a quorum. RECORD, as follows:

VerDate Nov 24 2008 01:00 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10JN6.062 S10JNPT1 wwoods2 on PRODPC68 with SENATE June 10, 2009 CONGRESSIONAL RECORD — SENATE S6431 UNITED STATES OF AMERICA V AHMED within five days of the submission of the re- Fourth, how will the administration KHALFAN GHAILANI (A/K/A ‘‘FUPI’’, quest. Any Defense motion for production of ensure that trying Ghailani in a U.S. ‘‘HAYTHAM’’, ‘‘ABUBAKAR KHAFLAN AHMED’’, witnesses in conjunction with a motion will court doesn’t damage our national se- ‘‘SHARIF OMAR’’) be due to the court and opposing counsel curity? As we’ve seen in the past, try- SCHEDULE FOR TRIAL, AMENDMENT ONE within five days of receipt of a denied wit- ness request. ing terrorists in the U.S. has made it 4 MARCH, 2009 i. Week of 14 September 2009: Hearing in harder for our national security profes- 1. The following trial schedule is ordered. GTMO regarding Evidentiary Motions. sionals to protect the American people. Times when listed are local Eastern United j. 23 September 2009: Requested group voir During a previous trial of suspects in States. dire questions for Military Commission the African embassy bombings, evi- a. 1 June 2009: Discovery completed. Members due. b. 15 June 2009: Discovery Motions due to Note: The military judge intends to con- dence showed that the National Secu- the military judge and opposing counsel. If duct all group voir dire questioning of the rity Agency had intercepted cell phone counsel intend to submit more than ten (10) members per R.M.C. 912. The military judge’s conservations between terrorists. Ac- discovery motions, counsel shall inform the group voir dire will take counsel’s requested cording to press reports, this revela- military judge and opposing counsel of the questions into account as appropriate. The tion caused terrorists to stop using cell total number of law motions which counsel military judge will also conduct the initial phones to discuss sensitive operational intend to present NLT 1200 hours, 8 June follow-up individual voir dire based on re- details. 2009. If appropriate, the military judge will sponses to the group questions. Counsel will And during the trial of Ramzi Yousef, be permitted to conduct additional follow-up advise counsel of a revised schedule to the mastermind of the 1993 World present the motions. voir dire. d. Week of 6 July 2009: Hearing in GTMO l. 24 September 2009: Proposed members in- Trade Center attack, testimony given re: Discovery Motions. structions due. in a public courtroom tipped off terror- e. 20 July 2009: Law Motions due to the m. 5 October 2009: Assembly and Voir Dire ists that the U.S. was monitoring their military judge and opposing counsel. In gen- for Panel Members. communications. As a result, these ter- eral, law motions are those which require no n. 9 October 2009: Beginning of trial on the merits lasting potentially as late as 13 No- rorists shut down that communications evidentiary hearing to determine. If counsel link and any further intelligence we intend to submit more than ten (10) law mo- vember 2009. 2. Counsel should direct their attention to might have obtained was lost. tions, counsel shall inform the military the Rules of Court, RC 3, Motions Practice, On the question of Guantanamo, it judge and opposing counsel of the total num- and specifically Form 3–1, 3–2, and 3–3, for ber of law motions which counsel intend to became increasingly clear over time the procedures I have established for this present NLT 1200 hours, 13 July 2009. The that the administration announced its trial. All motions, responses and replies shall military judge will advise counsel of a re- plan to close the facility before it actu- comport with the terms of RC 3.6 in terms of vised schedule to present the motions. ally had a plan. If the administration timeliness. Any request for extension of any Note 1: Motions will have as their under- response or reply deadline associated with has a plan for holding Ghailani if he is lying legal premise no more than one legal this hearing will be submitted before the found not guilty, then it needs to share basis. If there is more than one legal basis, deadline for the reply or response. that plan with the Congress. These then there should be more than one motion. 3. Requests for deviations from the kinds of questions are not insignifi- Law motions include motions relative to timelines for hearings or for submission of sentencing. cant. They involve the safety of the motions established by this order must be American people. And that is precisely Note 2: Motions, response, and reply due submitted not later than 20 days prior to the dates are a No Later Than date. Counsel for date established, except for law motions for why Congress demanded a plan before both sides are advised that any motion, re- which requests for deviations from the due the administration started to move sponse, or reply which is ready for submis- date must be submitted within 7 days prior terrorists from Guantanamo. The sion prior to the due date should be sub- to the date established. American people don’t want these ter- mitted when completed. The efficient and 4. Monthly Status Conferences will be rorists in their communities or back on proper process of motion practice will NOT scheduled throughout the pendency of this be enhanced by delivering multiple motions, the battlefield. But that is exactly action or as needed under the circumstances. where Ghailani could end up if he is responses, or replies to the Commission or Counsel should anticipate the fluidity of the opposing party at the last possible moment. process of this action and be vigilant to al- found not guilty in a civilian court. Be- e. Week of 3 August 2009: Hearing in GTMO terations. Counsel requiring hearings or con- fore it transfers any more detainees re: Law Motions and Witness Production ferences not specifically anticipated herein from Guantanamo, the administration issues or any unresolved matters. should make a written request as soon as needs to present a plan that ensures its f. 10 August 2009: Defense Requests for Gov- practicable in order to maintain the efficient actions won’t jeopardize the safety of ernment Assistance in Obtaining Witnesses and fair administration of justice. Court the American people. for use on the merits. See R.M.C. 703. hearings designated as ‘‘during the week’’ is Note: The Government response to any Finally, earlier today, the Senate for planning purposes and actual hearings majority whip came to the floor and witness request will be due within five busi- dates are commensurate with logistical, ness days of the submission of the request. courtroom accessibility and transportation claimed there is evidence that al-Qaida Any Defense motion for production of wit- availability. may be recruiting terrorists within nesses in conjunction with a motion will be BRUCE W. MACKENZIE, Guantanamo. I am glad to see that the due to the court and opposing counsel within CAPT, JAGC, USN Military Judge majority whip appears to be acknowl- five days of receipt of a denied witness re- Mr. MCCONNELL. This schedule edging the FBI Director’s concerns quest. would be well underway if the adminis- that Guantanamo terrorists could g. Week of 24 August 2009: Hearing re: unre- solved Witness Production Motions and/or tration had not suspended all military radicalize the prison population if they any unresolved matters. commission proceedings several were transferred into the United h. 31 August 2009: Evidentiary Motions due. months ago. Now we will have to start States. The fact that these terrorists Evidentiary motions due to the military the process for Ghailani over again in might be able to recruit new members judge and opposing counsel. In general, evi- civilian court. and conduct terrorist activities from dentiary motions are those which deal with The administration made the right behind bars is an important one. I also the admission or exclusion of specific or gen- decision by reconsidering its position find it preposterous that the majority eral items or classes of evidence. If counsel on military commissions and deciding whip would assert that because I and intend to submit more than ten (10) evi- to resume their use. So why did the ad- dentiary motions, counsel shall inform the others—including, by the way, mem- military judge and opposing counsel of the ministration decide to stop the mili- bers of his own conference—want to total number of evidentiary motions which tary commission proceedings against keep dangerous terrorist detainees counsel intend to present NLT 1200 hours, 24 Ghailani that were being conducted in away from American communities, we August 2009. the modern, safe, and secure courtroom will enable terrorists to escape justice. Note 1: Generally, see Paragraph ‘‘e’’, at Guantanamo and move him to the Keeping these terrorists locked up at Notes 1 and 2 above. U.S. to try him in civilian court? Is it Guantanamo, and trying them using Note 2: Defense witness requests associated because the Administration doesn’t the military commissions process, is with any motions should be submitted to the think that by deliberately targeting in- trial counsel in accordance with R.M.C. 703 the best way to deliver justice while simultaneously with the filing of the motion nocent American civilians Ghailani protecting the American people. (or Defense response in the case of a Govern- violated the law of war? Does it think Mr. President, I yield the floor. ment motion) in question. The Government he should be treated as just another do- Mr. DURBIN. Mr. President, will the response to any witness request will be due mestic civilian defendant? Senator yield for a question?

VerDate Nov 24 2008 03:04 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10JN6.032 S10JNPT1 wwoods2 on PRODPC68 with SENATE S6432 CONGRESSIONAL RECORD — SENATE June 10, 2009 Mr. MCCONNELL. I have yielded the the floor together, along with the Re- I don’t know what will happen to Mr. floor. The Senator can feel free to publican whip, and at least make it Ghailani if he is found not guilty. It is make a statement. clear what our positions are on some of conceivable that he could be charged Mr. DURBIN. I was hoping to ask the these issues related to Guantanamo be- with other things. It is conceivable he Senator from Kentucky a question. cause it has been a matter of concern could face a military tribunal. It is f and a lot of comment on the floor of conceivable he may be subject to de- the Senate over the last several weeks. tention. EXECUTIVE SESSION I was going to ask the Senator from I will say this with certainty. Presi- Kentucky, the minority leader, wheth- dent Obama will not allow dangerous er I understood him correctly when he terrorists to be released in the United EXECUTIVE CALENDAR said he believed that this individual, States in our communities and neigh- Mr. MCCONNELL. Mr. President, I Ahmed Ghailani, if found not guilty in borhoods. I hope everyone on both sides understand the majority leader was a court in the United States, would be of the aisle would agree with that. asking about clearing some military released in the United States to stay I also wish to ask, if the Senator promotions earlier today. I wanted to here in a legal status. I wish to ask the from Kentucky is critical of President indicate—and I see the assistant major- Senator, if that is what he said, what is Obama for announcing that he was ity leader is here—we are clear with the basis for that statement? going to close Guantanamo before he those and never had an issue with these The PRESIDING OFFICER. The Sen- had a plan, why didn’t we hear the particular promotions. Therefore, I ator from Kentucky. same complaint when President George suggest that we call them up and con- Mr. MCCONNELL. Mr. President, I W. Bush announced he was going to firm them immediately. can only repeat what the President’s close Guantanamo before he had a Unless there is an objection from the spokesman himself said. I am respond- plan? Is the difference partisan? other side, and having notified the ing to the question propounded to me Mr. MCCONNELL. I say to my friend other side, I ask unanimous consent by the Senator from Illinois. It is my from Illinois, he has made this point that the Senate proceed to executive understanding the President’s spokes- before, and I answered it before. I will session to consider the following mili- man yesterday refused to say what answer it again. tary promotions: Calendar Nos. 192, 193, would happen to Ghailani if he were I was against it when President Bush and 194. I further ask unanimous con- found not guilty. So there is some con- was in favor of it. I have been consist- sent that these nominations be con- fusion about that. ently against closing Guantanamo all firmed en bloc, the motions to recon- Mr. DURBIN. There is no confusion. along the way, no matter who the sider be laid upon the table, that the This is such a leap to argue that if this President was. At least you could say President be immediately notified of man, who is not a resident of the this about President Bush: He didn’t the Senate’s action, and that the Sen- United States—if I am not mistaken, put a date on it before he had an idea ate then resume legislative session. he is Tanzanian—that somehow if he is what he was going to do with them. The PRESIDING OFFICER. Is there found not guilty in the courts of the And that is the core issue here. objection? United States, he is qualified to be re- Mr. DURBIN. The core issue is for 7 Without objection, it is so ordered. leased into our population. That is a long years, the Bush administration The nominations considered and con- statement—I don’t know anyone could failed to convict the terrorists who firmed are as follows: draw that conclusion. He would have planned the 9/11 terrorist attacks—for 7 no legal status to stay in the United years. And for 7 long years, only three IN THE AIR FORCE States unless we gave him one. individuals were convicted by military The following named officer for appoint- By what basis does the Senator from commissions at Guantanamo, and two ment in the United States Air Force to the grade indicated while assigned to a position Kentucky suggest that this man, who of them have been released. So to argue of importance and responsibility under title may have been involved in the killing that the Guantanamo model is one 10, U.S.C., section 601: of 12 Americans among 224 other peo- that ought to be protected and main- To be general ple, is going to be released by President tained, notwithstanding all of the dan- Lt. Gen. Douglas M. Fraser Obama into our communities and ger it creates for our servicemen over- neighborhoods? seas to keep Guantanamo open, is to IN THE ARMY Mr. MCCONNELL. Is the Senator argue for a plan under the Bush admin- The following named officer for appoint- asking me a question? istration that failed to convict terror- ment in the United States Army to the grade Mr. DURBIN. I am. indicated while assigned to a position of im- ists, failed with military tribunals and portance and responsibility under title 10, Mr. MCCONNELL. Let me say I am through the courts of this land. U.S.C., section 601: only quoting the President’s spokes- I have to say that as I listen to the To be general man. He says he doesn’t know what argument of the Senator from Ken- would happen if Ghailani is released. tucky, it is an argument based on Lt. Gen. Stanley A. McChrystal Let me say to the Senator from Illi- fear—fear—fear that if we try someone IN THE NAVY nois, let’s assume that he is sent back in a court in America, while they are The following named officer for appoint- to the country from which he came. I incarcerated during trial, we need to be ment in the United States Navy to the grade ask, in what way is America safer if afraid. There was no fear in New York indicated while assigned to a position of im- portance and responsibility under title 10, this terrorist subsequently, under this for more than 2 years while Ramzi U.S.C., section 601: hypothetical release in the United Yousef was held in preparation for trial To be admiral States, goes back to his native country and during trial because he was held in from which he potentially could launch a secure facility. Adm. James G. Stavridis another attack on the United States? Today we are told by the Department f Mr. DURBIN. I say in response, my of Justice that there are 355 convicted LEGISLATIVE SESSION colleague from Kentucky is gifted at terrorists in American prisons. I ask the political craft. He has decided not the Senator from Kentucky, does he The PRESIDING OFFICER. The Sen- to answer my question but to ask a believe we should remove them from ate will now return to legislative ses- question of me. our prisons, those already convicted, sion. I say first that his assertion that this currently serving, such as Ramzi The Senator from Illinois. man, Ahmed Ghailani, if found not Yousef? GUANTANAMO guilty would be released in the commu- Mr. MCCONNELL. I say to my friend Mr. DURBIN. Mr. President, I want nities and neighborhoods of America from Illinois, maybe we found an area to make my comments about the mi- cannot be sustained in law or in fact. of agreement. He is critical of the Bush nority leader’s statement on the floor He made that statement on the floor. administration for not conducting while he is still here. If he is willing to That is the kind of statement that has military tribunals more rapidly. I stay, we can engage in a dialog on this been made about these Guantanamo agree with him. I think they should issue. I think it is time we do come to detainees. have been tried more rapidly. But that

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