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

Vol. 155 WASHINGTON, TUESDAY, NOVEMBER 17, 2009 No. 170 House of Representatives The House met at 10:30 a.m. and was ening news, is that 14.6 percent, 17 mil- tration declined to make. I don’t say called to order by the Speaker pro tem- lion households, were food insecure in this to place blame, but rather to say pore (Mr. DRIEHAUS). 2008. This means that at some point that admitting there is a problem is f during 2008, these households ‘‘had dif- the first step towards addressing that ficulty providing enough food for all problem. President Obama has com- DESIGNATION OF SPEAKER PRO their members due to a lack of re- mitted his administration to ending TEMPORE sources.’’ child hunger by 2015. That’s something The SPEAKER pro tempore laid be- According to the USDA, over 49 mil- we can and should do. Continuing to fore the House the following commu- lion people lived in those 17 million raise awareness of this issue is critical, nication from the Speaker: households. In other words, Mr. Speak- no matter how bad the statistics may WASHINGTON, DC, er, according to this report, 49 million be. November 17, 2009. Americans went hungry in 2008. We Mr. Speaker, we are fortunate to I hereby appoint the Honorable STEVE should be ashamed of ourselves. In the have in place a safety net system that DRIEHAUS to act as Speaker pro tempore on richest, most prosperous nation in the prevents more people from going with- this day. world, a country where we have the out food. Undoubtedly, even more NANCY PELOSI, means to end hunger, a country where Americans would go hungry if it Speaker of the House of Representatives. we have the food readily available, we weren’t for SNAP—formerly known as f continue to allow 49 million people to food stamps—WIC, school and summer MORNING-HOUR DEBATE be hungry in this country. And if that meals, and the other Federal anti-hun- weren’t bad enough, food insecurity is ger programs. The SPEAKER pro tempore. Pursu- likely to get worse, not better, next Later this week, I will be introducing ant to the order of the House of Janu- year. legislation that will expand these pro- ary 6, 2009, the Chair will now recog- Mr. Speaker, this report also found grams to better combat hunger in the nize Members from lists submitted by that 17 million children, more than one United States. The End Childhood Hun- the majority and minority leaders for in five, went without food at some ger by 2015 Act will not only expand morning-hour debate. point during the year. That’s an in- the purchasing power of SNAP, but it The Chair will alternate recognition crease of 5 million children over the will increase the number of people who between the parties, with each party previous year. Even worse, the number are eligible for these Federal anti-hun- limited to 30 minutes and each Mem- of children living in very low food inse- ger programs. For example, under this ber, other than the majority and mi- cure households—the hungriest of the bill, every child who goes to school, re- nority leaders and the minority whip, hungry—rose from 323,000 in 2007 to gardless of income, will receive a qual- limited to 5 minutes. 506,000 in 2008. That means that almost ity, nutritious breakfast and lunch. We f 2 million children are among the know that children learn better and de- hungriest of the hungry in America. velop properly when they eat nutri- HOUSEHOLD FOOD SECURITY IN Race and gender are also factors. tious meals. Unfortunately, many chil- THE UNITED STATES About 37 percent of single mothers dren don’t have access to nutritious The SPEAKER pro tempore. The struggled for food in 2008. And more meals either at home or at school. We Chair recognizes the gentleman from disturbing, more than one in seven said provide textbooks for all children. Why Massachusetts (Mr. MCGOVERN) for 5 that someone in their household had shouldn’t we provide at least two nu- minutes. been hungry. The report found that Af- tritious meals too? Mr. MCGOVERN. Mr. Speaker, yes- rican Americans and Hispanics were Now is the time for us to refocus our terday the U.S. Department of Agri- more than twice as likely as whites to energy on ending hunger once and for culture released the annual Household report food insecurity at home. all, and it will require Presidential Food Security in the United States re- Mr. Speaker, we can do better. We leadership. I introduced legislation port for 2008. The findings of this re- must do better. I want to thank Presi- calling for a White House Conference port are nothing short of alarming and dent Obama and Secretary Vilsack for on Food and Nutrition. I will be work- frightening. This report found the their dedication to combating hunger ing with Speaker PELOSI, Chairman PE- highest level of food insecurity since in America. Secretary Vilsack person- TERSON and Chairman MILLER to pass the study began in 1995. While just over ally released this report yesterday, and this important legislation, and I en- 85 percent of U.S. households were food President Obama released a statement, courage my colleagues to cosponsor secure in 2008, the bad news, the fright- two actions that the previous adminis- H.R. 2297.

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

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VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.000 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13006 CONGRESSIONAL RECORD — HOUSE November 17, 2009 Mr. Speaker, we may not be able to About a third of these struggling house- for several days in each of seven or eight end all war and disease in our life- holds had what the researchers called ‘‘very months. times, but we can end hunger if we low food security,’’ meaning lack of money James Weill, the director of the food cen- ter that pioneered the report, called it a muster the political will to do so. This forced members to skip meals, cut portions or otherwise forgo food at some point in the careful look at an underappreciated condi- report should be a rallying point report year. tion. ‘‘Many people are outright hungry, for Congress and the administration. The other two-thirds typically had enough skipping meals,’’ he said. ‘‘Others say they While this Congress focuses on the Na- to eat, but only by eating cheaper or less have enough to eat but only because they’re tion’s economic recovery and job cre- varied foods, relying on government aid like going to food pantries or using food stamps. ation, we must not forget about those food stamps, or visiting food pantries and We describe it as ‘households struggling with who are going without food. Let’s com- soup kitchens. hunger.’ ’’ mit ourselves once and for all to ending ‘‘These numbers are a wake-up call for the country,’’ said Agriculture Secretary Tom [From The Washington Post, Nov. 17, 2009] hunger as we know it in America. Vilsack. AMERICA’S ECONOMIC PAIN BRINGS HUNGER I would like to insert into the One figure that drew officials’ attention PANGS RECORD the statement by President was the number of households, 506,000, in (By Amy Goldstein) Obama and news articles from The New which children faced ‘‘very low food secu- The nation’s economic crisis has cata- York Times and Washington Post on rity’’: up from 323,000 the previous year. pulted the number of Americans who lack the release of this report. President Obama, who has pledged to end enough food to the highest level since the childhood hunger by 2015, released a state- THE WHITE HOUSE, government has been keeping track, accord- ment while traveling in Asia that called the OFFICE OF THE PRESS SECRETARY, ing to a new federal report, which shows that finding ‘‘particularly troubling.’’ Washington, DC, November 16, 2009. nearly 50 million people—including almost The ungainly phrase ‘‘food insecurity’’ one child in four—struggled last year to get STATEMENT BY THE PRESIDENT ON THE RE- stems from years of political and academic enough to eat. LEASE OF THE ANNUAL HOUSEHOLD FOOD SE- wrangling over how to measure adequate ac- At a time when rising poverty, widespread CURITY REPORT cess to food. In the 1980s, when officials of unemployment and other effects of the reces- As American families prepare to gather for the Reagan administration denied there was sion have been well documented, the report Thanksgiving, we received an unsettling re- hunger in the United States, the Food Re- released Monday by the U.S. Department of port from the U.S. Department of Agri- search and Action Center, a Washington ad- Agriculture provides the government’s first culture that found that hunger rose signifi- vocacy group, began a survey that concluded detailed portrait of the toll that the fal- cantly last year. This trend was already otherwise. Over time, Congress had the Agri- tering economy has taken on Americans’ ac- painfully clear in many communities across culture Department oversee a similar sur- cess to food. our nation, where food stamp applications vey, which the Census Bureau administers. The magnitude of the increase in food are surging and food pantry shelves are Though researchers at the Agriculture De- shortages—and, in some cases, outright hun- emptying. partment do not use the word ‘‘hunger,’’ Mr. ger—identified in the report startled even It is particularly troubling that there were Obama did. ‘‘Hunger rose significantly last the nation’s leading anti-poverty advocates, more than 500,000 families in which a child year,’’ he said. who have grown accustomed to longer lines experienced hunger multiple times over the Analysts said the main reason for the lately at food banks and soup kitchens. The course of the year. Our children’s ability to growth was the rise in the unemployment findings also intensify pressure on the White grow, learn, and meet their full potential— rate, to 7.2 percent at the end of 2008 from 4.9 House to fulfill a pledge to stamp out child- and therefore our future competitiveness as percent a year earlier. And since it now hood hunger made by President Obama, who a nation—depends on regular access to stands at 10.2 percent, the survey might in called the report ‘‘unsettling.’’ healthy meals. fact understate the number of Americans The data show that dependable access to My Administration is committed to revers- struggling to get adequate food. adequate food has especially deteriorated ing the trend of rising hunger. The first task Rising food prices, too, might have played among families with children. In 2008, nearly is to restore job growth, which will help re- a role. 17 million children, or 22.5 percent, lived in lieve the economic pressures that make it The food stamp rolls have expanded to households in which food at times was difficult for parents to put a square meal on record levels, with 36 million Americans now scarce—4 million children more than the the table each day. But we are also taking collecting aid, an increase of nearly 4o per- year before. And the number of youngsters targeted steps to prevent Americans from ex- cent from two years ago. And the American who sometimes were outright hungry rose periencing hunger. Earlier this year, we ex- Recovery and Reinvestment Act, passed last from nearly 700,000 to almost 1.1 million. tended help to those hit hardest by this eco- winter, raised the average monthly food Among Americans of all ages, more than 16 nomic downturn by boosting SNAP benefits. stamp benefit per person by about 17 percent, percent—or 49 million people—sometimes And Secretary Vilsack is working hard to to $133. Many states have made it easier for ran short of nutritious food, compared with make sure eligible families are able to access those eligible to apply, but rising applica- about 12 percent the year before. The dete- those benefits as well as the School Lunch tions and staffing cuts have also brought rioration in access to food during 2008 among and Breakfast Program. In addition, a bill I long delays. both children and adults far eclipses that of signed into law last month invests $85 mil- Problems gaining access to food were high- any other single year in the report’s history. lion in new strategies to prevent children est in households with children headed by Around the Washington area, the data from experiencing hunger in the summer. single mothers. About 37 percent of them re- show, the extent of food shortages varies sig- Hunger is a problem that we can solve to- ported some form of food insecurity com- nificantly. In the past three years, an aver- gether, and I look forward to working with pared with 14 percent of married households age of 12.4 percent of households in the Dis- Congress to pass a strong child nutrition bill with children. About 29 percent of Hispanic trict had at least some problems getting that will help children get the healthy meals households reported food insecurity, com- enough food, slightly worse than the na- they need to grow and succeed—and help pared with 27 percent of black households tional average. In Maryland, the average was keep America competitive in the decades to and 12 percent of white households. Serious 9.6 percent, and in Virginia it was 8.6 per- come. problems were most prevalent in the South, cent. The full USDA Household Food Security followed equally by the West and Midwest. The local and national findings are from a report can be viewed here: www.ers.usda.gov/ Some conservatives have attacked the sur- snapshot of food in the United States that features/householdfoodsecurity/ vey’s methodology, saying it is hard to de- the Agriculture Department has issued every fine what it measures. The 18–item question- year since 1995, based on Census Bureau sur- [From the New York Times, Nov. 17, 2009] naire asks about skipped meals and hunger veys. It documents Americans who lack a de- pangs, but also whether people had worries pendable supply of adequate food—people liv- HUNGER IN U.S. AT A 14-YEAR HIGH about getting food. It ranks the severity of ing with some amount of ‘‘food insecurity’’ (By Jason DeParle) their condition by the number of answers in the lexicon of experts—and those whose WASHINGTON—The number of Americans that indicate a problem. food shortages are so severe that they are who lived in households that lacked con- ‘‘Very few of these people are hungry,’’ hunger. The new report is based on a survey sistent access to adequate food soared last said Robert Rector, an analyst at the con- conducted in December. year, to 49 million, the highest since the gov- servative Heritage Foundation. ‘‘When they Several independent advocates and policy ernment began tracking what it calls ‘‘food lose jobs, they constrain the kind of food experts on hunger said that they had been insecurity’’ 14 years ago, the Department of they buy. That is regrettable, but it’s a far bracing for the latest report to show deep- Agriculture reported Monday. cry from a hunger crisis.’’ ening shortages, but that they were never- The increase, of 13 million Americans, was The report measures the number of house- theless astonished by how much the problem much larger than even the most pessimistic holds that experienced problems at any point has worsened. ‘‘This is unthinkable. It’s like observers of hunger trends had expected and in the year. Only a ‘‘small fraction’’ were we are living in a Third World country,’’ said cast an alarming light on the daily hardships facing the problem at a given moment. Vicki Escarra, president of Feeding America, caused by the recession’s punishing effect on Among those with ‘‘very low food security,’’ the largest organization representing food jobs and wages. for instance, most experienced the condition banks and other emergency food sources.

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.002 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13007 ‘‘It’s frankly just deeply upsetting,’’ said ANIMAL WELFARE IS IMPORTANT Oprah Winfrey Show this week. I sim- James D. Weill, president of the Washington- FOR THE ENTIRE NATION ply cannot bring myself to display the based Food and Action Center. As the econ- The SPEAKER pro tempore. The picture on the floor of the House, but omy eroded, Weill said, ‘‘you had more and millions of viewers saw the tragic evi- more people getting pushed closer to the Chair recognizes the gentleman from cliffs edge. Then this huge storm came along Oregon (Mr. BLUMENAUER) for 5 min- dence for themselves. and pushed them over.’’ utes. It’s too late for this woman and her Obama, who pledged during last year’s Mr. BLUMENAUER. Mr. Speaker, it family, but it’s not too late for the presidential campaign to eliminate hunger seems the issues that face Congress fall other body to act so that we can make among children by 2015, reiterated that goal into two categories: the issues that are events like this less likely. It’s a sym- on Monday. ‘‘My Administration is com- so great, so expensive, so contentious, bol of the dysfunctionality of the other mitted to reversing the trend of rising hun- body that one Member—ironically a ger,’’ the president said in a statement. The so complex that they seem almost be- solution begins with job creation, Obama yond our ability to influence—war and doctor, of all people—has put a hold on said. And he ticked off steps that Congress peace, the economy, climate change this legislation, refusing to allow the and the administration have taken, or are and, more recently, health care—too Senate to even consider it, and planning, including increases in food stamp big and too controversial for effective, inexplicably, the other body goes benefits and $85 million Congress just freed quick, meaningful congressional ac- along. The reason, we’re told, is cost. up through an appropriations bill to experi- tion. The other category seems to be The Senator is concerned about cost. ment with feeding more children during the the simple and the mundane, almost Well, what is the cost to a woman summer, when subsidized school breakfasts too routine—housekeeping, like renam- whose eyes were torn out of her head so and lunches are unavailable. In a briefing for reporters, Agriculture Sec- ing a post office. she couldn’t see her daughter on prom retary Tom Vilsack said, ‘‘These numbers The truth is, we pursue both because night? What is the cost of the unbeliev- are a wake-up call . . . for us to get very se- they’re an important part of our job able reconstructive surgery, taking rious about food security and hunger, about and are important to the American flesh from her leg to try to replace part nutrition and food safety in this country.’’ public. We’re not going to give up on of the missing face? Vilsack attributed the marked worsening the big issues of the day no matter how Mr. Speaker, animal welfare is about in Americans’ access to food primarily to the complex, controversial and frustrating much more than concern for God’s rise in unemployment, which now exceeds 10 because, after all, they are the big percent, and in people who are under- creatures. It’s about human welfare. employed. He acknowledged that ‘‘there issues of the day. That’s why we’re It’s about environmental balance. And could be additional increases’’ in the 2009 fig- here when even modest impact can yes, to the good doctor from Okla- ures, due out a year from now, although he have a huge ripple effect on lives homa, it’s about saving money. said it is not yet clear how much the prob- around the world, the safety of Ameri- The millions of Americans who lem might be eased by the measures the ad- cans, protecting the public Treasury watched The Oprah Winfrey Show saw ministration and Congress have taken this and our soldiers. A post office may the tragic case and its consequences. year to stimulate the economy. seem mundane and trivial to some, but They should ask themselves why their The report’s main author at USDA, Mark to the family of that fallen hero and Nord, noted that other recent research by Senators are not speaking out, why the the agency has found that most families in community, it’s very important indeed, other body is not passing this simple which food is scarce contain at least one as it is to all Americans who honor and bill that can have such significant con- adult with a full-time job, suggesting that respect that sacrifice. There is a reason sequences. It may not change the the problem lies at least partly in wages, not for these items, low cost but high im- world, but if it prevents just a few entirely an absence of work. pact. Then there are vast numbers of cases like this, it will be another exam- The report suggests that federal food as- issues that are sort of in between. Ani- ple of simple legislation that we cannot sistance programs are only partly fulfilling mal welfare is often put in that cat- their purpose, although Vilsack said that afford not to pass. shortages would be much worse without egory, seemingly at times unimportant f or trivial, tangential—except, of them. Just more than half of the people sur- SUPPORT FOR THE AFFORDABLE veyed who reported they had food shortages course, when it has a devastating im- said that they had, in the previous month, pact on human health, safety and envi- HEALTH CARE FOR AMERICA ACT participated in one of the government’s larg- ronmental balance. The SPEAKER pro tempore. The est anti-hunger and nutrition programs: food I was recently touring the Everglades Chair recognizes the gentleman from stamps, subsidized school lunches or WIC, with my colleague DEBBIE WASSERMAN Virginia (Mr. CONNOLLY) for 5 minutes. the nutrition program for women with babies SCHULTZ. Part of the briefing materials Mr. CONNOLLY of Virginia. I rise or young children. Last year, people in 4.8 million households dealt with the problem of up to 100,000 today to commend those who have en- used private food pantries, compared with 3.9 pythons that started out as pets or ex- deavored to improve the provision of million in 2007, while people in about 625,000 otic curiosities and ended up in that quality, affordable health care for all households resorted to soup kitchens, nearly environment. Pets, farm animals, even Americans and to refute those who use 90,000 more than the year before. whole alligators have been attacked scare tactics to derail essential health Food shortages, the report shows, are par- and ingested. Earlier this summer, an insurance reform. ticularly pronounced among women raising infant in its crib was strangled by a During the more than 12 hours of de- children alone. Last year, more than one in python. Too expensive? Secondary? bate on the House floor on November 7, three single mothers reported that they struggled for food, and more than one in What’s the price of that baby’s life? we heard a number of speeches from seven said that someone in their home had And how much are we going to try to some forecasting various doom and been hungry—far eclipsing the food problem spend to reclaim the Everglade habitat gloom scenarios. Some of the material in any other kind of household. The report from tens of thousands of pythons that focused more on scaring the American also found that people who are black or His- have been described as the most lethal public than on presenting actual facts. panic were more than twice as likely as killing machine ever? We heard preposterous stories of death whites to report that food in their home was Earlier this year, I had legislation panels and prisons, denial of care and scarce. that overwhelmingly passed this House In the survey used to measure food short- dramatic cuts in services, but the pur- ages, people were considered to have food in- to ban the interstate transport of pri- veyors of fear ignored the hundreds of security if they answered ‘‘yes’’ to several of mates. It had been derided by one of groups across the Nation that saw a series of questions. Among the questions my colleagues as a ‘‘monkey bite bill,’’ through the scare tactics and who sup- were whether, in the past year, their food ironically at just the same time a port responsible health insurance re- sometimes ran out before they had money to woman in Connecticut had her face form. Those groups aren’t driven by buy more, whether they could not afford to ripped off by a neighbor’s pet chim- partisan ideology. They’re focused on eat nutritionally balanced meals, and wheth- panzee. I don’t use that term meta- the well-being of their members. I er adults in the family sometimes cut the phorically. Her face was literally size of their meals—or skipped them—be- would like to highlight just a few. cause they lacked money for food. The report ripped off. Indeed, Mr. Speaker, the The scare tactic said this bill will defined the degree of their food insecurity by woman who was so horribly disfigured harm seniors. In actuality, the Afford- the number of the questions to which they had the courage to take her story and able Health Care for America Act will answered yes. her mangled face to the public on The help seniors by closing the Medicare

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.005 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13008 CONGRESSIONAL RECORD — HOUSE November 17, 2009 part D prescription drug loophole that Street Alliance supports the Affordable lating derivatives, which caused our currently causes many seniors to pay Health Care for America Act. The Na- world collapse of the economy. thousands of dollars out of pocket, and tional Farmers Union supports the bill. But he thinks that infrastructure it will help keep Medicare solvent and The U.S. Women’s Chamber of Com- takes too long to spend out. What he able to continue paying benefits well merce supports the bill, as does the doesn’t understand is, when you have a into the future. Without reform, Medi- Small Business Majority. massive backlog, you have projects care part A will be insolvent by 2017. If The scare tactics said that the Amer- that can be put on the ground or to we do nothing, Medicare hospital reim- ican people would suffer. In actuality, work immediately. bursements will be cut by 2017. Without consumer advocacy groups know that I’ll use an example that’s kind of reform, premiums for Medicare part D this bill will provide Americans with close to home for the President. The doctor reimbursements are projected their choice of affordable health care Chicago Transit Authority, they have a to increase an average of 8.5 percent options. That’s why the Consumers $6.8 billion backlog in their transit sys- every year through 2013. That’s why Union supports it, the Consumer tem. They testified before my com- the National Committee to Preserve Health Coalition supports it, and the mittee that they could spend $500 mil- Social Security and Medicare supports National Patient Advocate Foundation lion tomorrow, tomorrow, produc- this bill. The Alliance for Retired supports it. tively, bringing that system back to- Americans and the Center for Medicare Mr. Speaker, there are hundreds ward a state of good repair. It would Advocacy both support this bill. The more State and national organizations still take another $6.5 billion, $6.3 bil- National Council on Aging and the that refused to fall prey to diver- lion, and it would take quite some Medicare Rights Center both support sionary scare tactics and supported time. this bill, as does the AARP. this ground-breaking legislation on Now, they got out of the stimulus The scare tactic said this bill would health care. The focus on these indi- $240.2 million for their transit backlog. harm the ability of caregivers to pro- vidual groups is disparate, but they They spent that money productively in vide lifesaving care. In actuality, doc- share a common agenda with the ma- 30 days. They bought buses. Guess tors and medical providers know that jority of Americans and the majority what? You buy a bus, people who make this bill will preserve their ability to of this House: Delivery now on the long buses have jobs. People who make properly treat their patients and be overdue need for responsible health in- parts for the buses have jobs. We have fairly compensated. That’s why the surance reform. a ‘‘Buy America’’ rule. Those jobs are American Academy of Family Physi- actually here in the United States of f cians and the Federation of American America, and then those people work Hospitals support this bill. The Amer- b 1045 and they pay taxes and there’s reve- ican Academy of Physicians Assistants WE CAN DO BETTER nues to the government; sort of a good and the American College of Surgeons old-fashioned way of stimulating the support this bill. The American Nurses The SPEAKER pro tempore. The economy and helping the deficit. Un- Association and the American College Chair recognizes the gentleman from fortunately, the President’s chief econ- of Physicians support this bill. And the Oregon (Mr. DEFAZIO) for 5 minutes. omist doesn’t believe in this. It’s time American Medical Association sup- Mr. DEFAZIO. Too many Americans for him to reorient his thinking. ports this bill. are out of work. The stimulus certainly We need a massive investment in our The scare tactic says this bill will preserved some public sector jobs and infrastructure. It is so degraded that deny care to those with life-threat- was of benefit to public education and we have projects ready to go all across ening conditions, like cancer. In actu- filled in some other gaps. But the rest the country in transit districts, in ality, the Affordable Health Care for of the spending has not been of great States with bridge replacement. These America Act will safeguard those with impact, particularly the $340 billion in aren’t things that require five to 10 previous existing medical conditions tax cuts insisted upon by three Repub- years of planning and a long spend-out and those in need of lifesaving proce- lican Senators. And unfortunately, the and those things that those ethereal dures. That’s why the American Heart Obama administration, at the urging of academic economists think about when Association and the American Stroke its chief economist, Larry Summers, they think about transportation infra- Association support this bill. The caved in to those demands for yet more structure. American Cancer Society’s Cancer Ac- ineffective tax cuts, something that No, when you’re in deficit, like the tion Network and the American Diabe- failed miserably during the Bush era to United States of America is today, tes Association both support this bill. put the economy back on track, and when you’re headed toward a Third The Consortium for Citizens With Dis- failed again. World transportation infrastructure, abilities and the National Alliance on If you don’t have a job, a tax cut while our competitors like China are Mental Illness both support this bill. doesn’t do you much good and doesn’t spending hundreds of billions of dollars The National Breast Cancer Coalition put you back to work, does it? So it’s for high speed rail, what are we doing? and the Depression and Bipolar Sup- time for a new approach, considered, We’re struggling to keep Amtrak run- port Alliance both support this bill, unfortunately by some, old school. ning at 19th century speeds. That’s and the Paralyzed Veterans of America That would be rebuilding the infra- kind of pathetic. support this bill. structure of America. We can do better. But it will take a The scare tactic said this will wreck According to the American Society commitment, a push by the White the economy. In actuality, this bill will of Civil Engineers, we have a $2.2 tril- House, a reorientation in the thinking help businesses—especially small busi- lion infrastructure deficit in this coun- down there, or perhaps ignoring some nesses—control the spiraling cost of try. One hundred sixty thousand bad advice they’re getting, and have health care in America. Mr. Speaker, bridges on the Federal highway system the President champion the creation of the Business Roundtable recently re- are either load-limited or functionally jobs and the rebuilding of our infra- leased a report that found that without obsolete. Our transit agencies across structure. And you know, we can do reform, by 2019, employer-based health America have an $80 billion backlog. this in a way that actually wouldn’t insurance payments will rise 166 per- Now, the chief economist for the have to add to the deficit. cent. Without reform, those dramatic President, Mr. Larry Summers, an aca- They’ve done a great job of bailing cost increases will endanger the econ- demic, doesn’t think that infrastruc- out Wall Street. Goldman Sachs is omy, leaving employers and employees ture investment’s a good thing. He cut going to be paying bonuses that aver- facing the untenable option of dropping it back in the stimulus last spring. But age $700,000 this year. Whoa, good coverage or laying off employees. The you know, actually, the 4 percent of times are here again, except not for an Business Roundtable’s report found that huge bill that went to infrastruc- America that is suffering very high un- that the legislative reforms in the cur- ture created 25 percent of the jobs. So employment. So maybe it’s time that rent health insurance bills could re- perhaps Mr. Summers was wrong yet Wall Street just gave back a little bit. duce employer costs by $3,000 per em- again, like he was when he prevented We could reinstitute a tax we had from ployee by 2019. That’s why the Main the Clinton administration from regu- 1916 to 1966, a modest transaction tax.

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.004 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13009 Congress, in the last Great Depression, The point of no quorum is considered firefighters just opened up their new they had the guts to actually double withdrawn. facility in Big Pine Key. This newly that tax. Disaster was predicted on f renovated fire station will help them Wall Street. Guess what? The economy better serve the needs of our commu- only went up from there, and tens of PLEDGE OF ALLEGIANCE nity. thousands, hundreds of thousands of The SPEAKER pro tempore. Will the I truly appreciate the hard work and people were put to work building a new gentleman from North Carolina (Mr. dedication of all of our firefighters. America, an infrastructure that needs COBLE) come forward and lead the Their professional and humanitarian rebuilding today. House in the Pledge of Allegiance. services are essential to the public f Mr. COBLE led the Pledge of Alle- health, safety, and well-being of all south Florida. Congratulations to all. RECESS giance as follows: I pledge allegiance to the Flag of the f The SPEAKER pro tempore. Pursu- United States of America, and to the Repub- PUTTING PATIENTS’ NEEDS FIRST ant to clause 12(a) of rule I, the Chair lic for which it stands, one nation under God, declares the House in recess until noon indivisible, with liberty and justice for all. (Mr. WALZ asked and was given per- today. mission to address the House for 1 f Accordingly (at 10 o’clock and 51 minute and to revise and extend his re- minutes a.m.), the House stood in re- CONGRATULATING EMBRY RIDDLE marks.) cess until noon. UNIVERSITY Mr. WALZ. I’m here today to applaud this House for fighting for working f (Mrs. KIRKPATRICK of Arizona Americans by last weekend passing 1200 asked and was given permission to ad- b comprehensive welfare reform. I want dress the House for 1 minute.) AFTER RECESS to recognize this legislation takes a Mrs. KIRKPATRICK of Arizona. Mr. huge step forward in addressing the The recess having expired, the House Speaker, on November 5, Embry Riddle issue of paying for value in our health was called to order by the Speaker pro University held their annual sympo- tempore (Mr. BLUMENAUER) at noon. care system. sium dedicated to issues in homeland The current payment system rewards f security on its Prescott, Arizona, cam- volume and quantity of care rather PRAYER pus. Unfortunately, the House held than quality of care. We spend hun- votes that day and I could not attend, The Chaplain, the Reverend Daniel P. dreds of billions of dollars every year but I heard that it was a fantastic Coughlin, offered the following prayer: on unnecessary tests and procedures event. Lord, some days we do not know how that do not improve a patient’s health. This year’s theme was ‘‘Challenges to pray. What are the greatest needs of We need to change the incentive sys- for Homeland Security in the 21st Cen- the Nation? Who needs Your attention? tem. We need doctors and hospitals to tury,’’ and panelists came from the To whom should we individually offer work together to coordinate care, put- FBI, the CIA, and TSA, the Arizona De- our slippery dollar? ting the patients’ needs first. partment of Public Safety, and from You alone know our personal needs. In my district of southern Minnesota, the world of academia, among other You see the depths I dare not confess the Mayo Clinic has created such a cul- places. Topics covered a wide range of to another. My most severe wounds are ture where doctors coordinate and look issues, such as cybersecurity, public- buried in my own fear. The whole truth for the best quality results. There are private partnerships, and coordination is difficult for us to face, humanly, so other institutions around the country between Federal, State, and local law we will live another day on the mar- who also provide high-quality, efficient enforcement. gins. care at low costs. These organizations I congratulate the faculty and ad- Lord, help Congress to do what it is all do it differently, but the one thing ministration of the Embry Riddle Pres- able to do. Anything more would be fic- they have in common is a culture of cott campus for putting together the titious. You alone know us through and patient-centered care. event and working to develop a new through. So, by placing all our trust in This culture needs to be replicated in generation of homeland security pro- You, we can now work as hard as we every hospital across the country, and fessionals. can and rest in peace. the way we get there is by changing Amen. f the incentive system. I’m very proud that the provisions in this bill will ad- f FIREFIGHTERS dress this very issue. If we’re to reform THE JOURNAL (Ms. ROS-LEHTINEN asked and was any part of health care this year, this The SPEAKER pro tempore. The given permission to address the House is the key. Chair has examined the Journal of the for 1 minute and to revise and extend f last day’s proceedings and announces her remarks.) to the House his approval thereof. Ms. ROS-LEHTINEN. I rise today to PROGRESSIVE BUT NOT Pursuant to clause 1, rule I, the Jour- commend some of our country’s finest PARTISAN? nal stands approved. heroes—our firefighters. These caring (Mr. COBLE asked and was given per- Ms. ROS-LEHTINEN. Mr. Speaker, individuals at our local fire depart- mission to address the House for 1 pursuant to clause 1, rule I, I demand a ments in the Florida Keys and Miami- minute and to revise and extend his re- vote on agreeing to the Speaker’s ap- Dade are first-rate examples of the marks.) proval of the Journal. selflessness and commitment required Mr. COBLE. Mr. Speaker, much has The SPEAKER pro tempore. The to be a firefighter. Every day, these been spoken and written about the question is on the Speaker’s approval brave folks work to better protect and White House snub of Fox News. We of the Journal. care for our communities. Their out- have heard little, however, about The question was taken; and the standing work allows all of us to live MSNBC. Anita Dunn, the departing Speaker pro tempore announced that with a greater peace of mind for the White House Communications Direc- the ayes appeared to have it. safety of our families. tor, was quoted in a recent New York Ms. ROS-LEHTINEN. Mr. Speaker, I The Miami-Dade Fire Rescue motto Times article claiming that Rachel object to the vote on the ground that a is: ‘‘Always Ready, Proud to Serve.’’ Maddow and Keith Olbermann, MSNBC quorum is not present and make the Recently, they were named Florida’s hosts, are ‘‘progressive but not par- point of order that a quorum is not 2009 EMS Provider of the Year. My tisan.’’ Well, they surely fooled me. present. heartfelt congratulations go out to Some may agree with Ms. Dunn by The SPEAKER pro tempore. Pursu- each of these remarkable heroes who concluding that these two are not ant to clause 8, rule XX, further pro- made this distinction possible. merely partisan, but rather fiercely ceedings on this question will be post- A bit further south in my district, in partisan, and Ms. Dunn insults our in- poned. the Florida Keys, the Monroe County telligence by claiming otherwise.

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.005 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13010 CONGRESSIONAL RECORD — HOUSE November 17, 2009 BRINGING DOWN HEALTH CARE WHAT’S IN IT FOR SMALL This is a bill, for those who care COSTS BUSINESSES? about Medicare, which will close the (Mr. YARMUTH asked and was given (Ms. WATSON asked and was given doughnut hole, the infamous 100 per- permission to address the House for 1 permission to address the House for 1 cent deductible for seniors who are minute.) minute and to revise and extend her re- paying for the part D benefit that Mr. YARMUTH. Mr. Speaker, critics marks.) doesn’t pay benefits after hitting $2,300 of the Affordable Health Care for Ms. WATSON. Mr. Speaker, I am so in care. It eliminates copayments for America Act have said we’re not doing proud of this House for getting the preventive services, cancer screenings. enough to control costs. In fact, a health reform bill out. And what is in But, most importantly, the actuaries great deal of what we have done in this it for small business? No entity fares for the Center for Medicare Services legislation is aimed at reducing costs better under reform than small busi- found on Friday that it extends the sol- in the system—not just costs to Medi- ness. That’s because the current health vency of the Medicare trust fund by 5 care and Medicaid, but also to the pri- insurance system is rigged against years. So instead of going in a negative vate system as well. small business, which now faces fewer direction, we are strengthening the For instance, one of the things we do choices, higher costs and, as a con- Medicare trust fund, which will ensure is move toward standardized forms, sequence, less stable coverage for their that Americans will have one of the standardized billing forms. One esti- workers. most successful health programs ever mate is that this could save the system Health insurance reform will level created—Medicare for themselves, $30 billion a year. That’s just one of the the playing field and provide more sta- their children, and their grandchildren. things that we put into motion to try bility and security to small business. AARP, the American Heart Associa- and change the cost structure of health Small business then will be able to tion, the American Cancer Society all care in this country. cover all of their employees. It’s all support this bill, and the Senate should As my colleague from Minnesota about jobs, and the reform will lead to- do the same and pass this measure and mentioned, we’re talking about chang- wards jobs. send it to President Obama for his sig- nature. ing the way we pay physicians so that f we pay for the quality of care and not f ADMINISTRATION DITHERS ON the quantity of care. In addition, we CMS REPORT move to reduce readmissions to hos- AFGHANISTAN pitals, because this is one of the great- (Mr. WILSON of South Carolina (Mr. PITTS asked and was given per- est factors in high medical care costs. asked and was given permission to ad- mission to address the House for 1 Time after time in this bill, from dress the House for 1 minute and to re- minute and to revise and extend his re- comparative effectiveness research to vise and extend his remarks.) marks.) investments in health care information Mr. WILSON of South Carolina. Back Mr. PITTS. Mr. Speaker, just a week technology, we do things that will in March, the President made it clear after the House passed Speaker bring costs down in health care, and we need a comprehensive approach to PELOSI’s health care reform bill, we’ve that is our commitment to the Amer- secure stability in Afghanistan. He received a report from the Centers for ican people. We will bring down costs stated that the safety of people around Medicare and Medicaid Services show- and make health care affordable for the world is at stake. I issued a state- ing what this bill will do to health care every American. ment in support. General McChrystal in America. If this bill were to become law, health care costs would increase f has requested more troops and re- sources in Afghanistan to do just that, by $289 billion over the next 10 years. GREAT LAKES GITMO? but this administration continues to Rising costs are devastating families and businesses, but this trillion-dollar (Mr. KIRK asked and was given per- dither. health care bill does nothing to stem mission to address the House for 1 Several weeks ago, former Vice the flood. minute and to revise and extend his re- President Dick Cheney used the term The same CMS report shows that pro- marks.) ‘‘dithering’’ to describe the President’s posed cuts to Medicare would reduce Mr. KIRK. Recently, the administra- indecision. I agreed with the former benefits for seniors. The $571 billion in tion announced it may move up to 215 Vice President because ‘‘dithering’’ cuts could cause many doctors and hos- al Qaeda terrorists to Illinois. This pro- means to hesitate and waste time. pitals to stop taking Medicare pa- posal imposes an unnecessary new risk. In the Los Angeles Times on Satur- tients, leading to lines for service and We should slow it down and answer day, Doyle McManus highlighted that degraded care. Further cuts to the pro- some basic questions. now some of the President’s own sup- gram mean a greater burden on private The facility is only 22 miles from a porters are beginning to wonder wheth- insurance, a higher rate for businesses nuclear reactor. What precautions are er Cheney was right. For the sake of and individuals, higher costs, more being taken? Commissions will be held American families at home, Congress government control, more taxes, and in Illinois. How do we protect the fami- and the President should not dither, less competition. lies of jurors and prosecutors? but listen to the commanders in the Here we have more evidence that Since the facility will replicate field. Speaker PELOSI’s bill is the wrong kind Gitmo’s military administration, how In conclusion, God bless our troops, of health care reform. will Great Lakes Gitmo improve Amer- and we will never forget September the ican PR? 11th in the global war on terrorism. f Yesterday, we learned that two- f b 1215 thirds of the jobs claimed to be created will be active duty military. The Bu- SUCCESSFUL HEALTH CARE HOLDING WALL STREET reau of Prisons will hire no one over 37 PROGRAM ACCOUNTABLE years old and will hire nationwide, not (Mr. COURTNEY asked and was (Mr. CARNAHAN asked and was just in Illinois. given permission to address the House given permission to address the House It’s ironic that the administration for 1 minute and to revise and extend for 1 minute and to revise and extend promised $200 million to Palau to ac- his remarks.) his remarks.) cept six terrorists—$33 million a ter- Mr. COURTNEY. Mr. Speaker, yes- Mr. CARNAHAN. Policies of poor rorist. But for 215 terrorists, Illinois terday, AARP, an organization of 40 regulation and lax oversight of our fi- would only get $120 million—$500,000 a million Americans over the age of 50, nancial system came to a head 1 year terrorist. That’s 66 times less than the announced the results of a poll regard- ago, greatly contributing to the worst rate paid to Palau. ing the Affordable Health Care for financial crisis this country has experi- The people of Illinois deserve to America Act. It found that by a two-to- enced since the Great Depression. Over know a lot more about this proposal one margin AARP supports this bill. the past year, we have made tough and how it would affect our safety. And what’s not to support? choices and taken firm steps to bring

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.007 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13011 our economy back from the brink, but HEALTH CARE FOR CHILDREN CLEAN ENERGY JOBS FOR there is still much more work to do on (Mr. GENE GREEN of Texas asked NEVADA the path to recovery, including enact- and was given permission to address (Ms. TITUS asked and was given per- ing comprehensive reform on how Wall the House for 1 minute and to revise mission to address the House for 1 Street works, to protect Main Street and extend his remarks.) minute and to revise and extend her re- and American families. Mr. GENE GREEN of Texas. Mr. marks.) As we move forward, we must hold Speaker, Members, recently this House Ms. TITUS. Mr. Speaker, for far too Wall Street accountable by making passed by 220–215 the historic health long Nevada’s economy has primarily commonsense reforms to our financial care reform bill, H.R. 3962, the Afford- been dependent on gaming and mining regulatory system that will help pre- able Health Care for America Act. This for job creation. Now it’s time to diver- vent such a crisis from ever happening legislation will have profound impact sify and take action to create clean en- again. As we rebuild our economy, we on the uninsured children in our coun- ergy jobs in Nevada, the sunniest State must assure Wall Street can’t take try. In 2008, an estimated 64.1 percent in the country with abundant geo- risks that jeopardize the whole econ- of all children in the Nation had pri- thermal and wind resources. We need omy: businesses, large and small, and vate coverage, 28.3 percent had public jobs in southern Nevada, and the key is family budgets, savings and retire- coverage, and 9.9 percent were unin- to focus on innovative new clean en- ments. sured. ergy technologies. Financial regulatory reform will put But in Texas, we have 1.5 million Just yesterday, a major solar devel- procedures in place to make sure tax- children uninsured, giving us the dis- oper in Nevada, Solar Millennium, an- payers will never again have to bail out tinction of having the highest number nounced that it plans to dry-cool its too-big-to-fail institutions who take on of uninsured children in the country. plant in the Amargosa Valley. That irresponsible risk. It also restores ac- This is largely due to the State’s re- means it will use 90 percent less water countability and transparency so that fusal to fund State matching funds for than originally anticipated. This is the problems are recognized and fixed the Children’s Health Insurance Pro- very exciting. I have offered a number before they threaten the entire econ- gram, or CHIP. In 2008, 26.8 percent of of amendments on the floor to improve omy as well as outlaw many of the the children in our district were unin- the water efficiency of solar tech- egregious practices that led to the sured, the third highest for uninsured nology, which is important because worst financial crisis in decades. children in the Nation. many of the sunniest States are also H.R. 3962 provides sliding scale sub- some of the driest. This smart, innova- f sidies to families with incomes of up to tive decision to use less water for this 400 percent of the poverty line, which major solar project will speed the ap- would not be dependent upon State proval process, help stimulate the local LIEUTENANT COLONEL RAYMOND budget decisions, as in the case of ERIC JONES, A MEMBER OF THE economy, and create needed jobs in SCHIP. Funding for the affordability southern Nevada. GREATEST GENERATION credits would not be capped and would (Mr. POE of Texas asked and was rise automatically when needed. f given permission to address the House We have an obligation to provide TERRORIST DETAINEES IN for 1 minute.) health benefits to our children and GUANTANAMO BAY H.R. 3962 will ensure that all plans pro- Mr. POE of Texas. Mr. Speaker, Ray- (Mr. BILIRAKIS asked and was given vide an essential benefits package that mond Eric Jones got married at the permission to address the House for 1 includes comprehensive benefits such tender age of 19 to Lucille, and then he minute.) as vision, hearing and dental care for was off to serve his country 2 years Mr. BILIRAKIS. Mr. Speaker, I rise children as well as well-baby and well- later in the great World War II. Ray- to express my outrage at President child care. mond flew B–17s over Germany, includ- Obama’s decision to bring terrorists ing bombing Normandy to prepare for f being held at Gitmo to American soil the D-day invasion. In 1944, before his WHERE ARE THE JOBS? for prosecution in our criminal justice 25th mission, he was informed that (Mr. REHBERG asked and was given system. This dangerous decision will upon completion of that mission, he permission to address the House for 1 grant these detainees, including the ad- would be taken back home to America minute.) mitted mastermind behind 9/11, con- as a hero and do public relations for Mr. REHBERG. When Congress stitutional rights to which they most the Air Force. passed the trillion-dollar so-called certainly are not entitled. But that was not meant to be. His B– stimulus, the national unemployment Prosecuting these detainees in our 17 on that 25th mission was shot up and rate was 7.6 percent. Some politicians criminal courts also will raise the risk quickly crashed in a German field. warned that without the stimulus, un- that they could be released on tech- Four members died on impact. Even employment could pass 8 percent. This nicalities and will force our soldiers to though he was wounded, Lieutenant month, unemployment blew past 10 worry about such things as reading Colonel Jones pulled the remaining two percent; and like you, I am wondering captured combatants their so-called from the wreckage, and he would re- where the jobs are. rights and preserving the chain of evi- main in a German prisoner of war camp In the infinite wisdom of the govern- dence. for the next 11 months. Fifty-eight ment, $18 million was spent on a Web Mr. Speaker, President Obama’s deci- years later, Lieutenant Colonel Jones site to track jobs. The just-released job sion is a gamble that we simply do not received the distinguished Flying Cross figures for Montana are listed by con- need to take. These detainees are for saving his two crew members. He gressional district. Montana, of course, enemy fighters who should be tried in has also received the Purple Heart, the has only one district. Yet the Federal the military justice system, not in Air Medal with six oak leaf clusters, Government spent $372,000 to create American courts. the POW medal and the Presidential one single job in Montana’s non- f Unit Citation. existent 8th Congressional District. Monday, in the presence of his fam- Our imaginary 16th Congressional Dis- HEALTH CARE REFORM’S IMPACT ily, Taps will be played at Arlington trict did better, with 32.5 jobs. Only a ON AMERICA’S SENIORS National Cemetery, where Lieutenant bureaucrat would count half a job in a (Mr. SIRES asked and was given per- Colonel Raymond Jones will be buried district that does not exist. The gov- mission to address the House for 1 with full military honors, another ernment spent $1 trillion to save and minute.) member of the Greatest Generation create jobs, and the opposite has hap- Mr. SIRES. Mr. Speaker, we have who made America proud. Amazing pened. Millions more Americans have heard how reforming our health care breed—a rare breed, these World War II lost their jobs, and now they want to system will benefit both those with and veterans. fix health care like they’ve fixed the without coverage. But what does re- And that’s just the way it is. economy. form mean for millions of our seniors?

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.009 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13012 CONGRESSIONAL RECORD — HOUSE November 17, 2009 It will mean a stronger and more im- sible health care to nearly 2 million now will provide unprecedented protec- proved Medicare program. More serv- students across the country. tions for American consumers through ices will be covered under the program, Students spend 5 days a week in the Consumer Financial Protection including free preventive services. The school. It’s the most logical place to Agency, put procedures in place to safety and quality of care will also be offer primary and preventive care. make sure taxpayers will never again improved through payment and deliv- Without this legislation, some students have to bail out too-big-to-fail institu- ery system reforms to encourage better may have no access to health edu- tions, restore accountability and trans- care. cation, screenings and other primary parency so that problems are recog- In addition, reform will bring tighter services. At the height of the flu sea- nized and fixed before they threaten oversight by creating new tools to son, there is a need for supporting the entire economy, outlaw many of fight waste, fraud and abuse within these clinics, these school-based health the most egregious practices, like Medicare, as well as save costs by clinics, now more than ever. This is subprime lending, and put our economy eliminating gross overpayments. Medi- just one more reason of why I urge my on a stable footing. care itself will be protected by extend- colleagues to help pass real health re- f ing the solvency of the Medicare trust form now. HEALTH CARE REFORM fund by 5 years. f Most importantly, our bill will mean (Mr. BACA asked and was given per- TRIBUTE TO LIEUTENANT THOMAS lower drug costs for seniors by allow- mission to address the House for 1 CLAIBORNE, UNITED STATES MA- ing the government to negotiate drug minute.) RINE CORPS prices on behalf of Medicare bene- Mr. BACA. Congress is only a few ficiaries and by closing the doughnut (Mr. COFFMAN of Colorado asked steps away from passing a health care hole that thousands of seniors just in and was given permission to address reform bill that is much needed for the my district alone hit each year. the House for 1 minute and to revise American people. If we lose sight of our Mr. Speaker, security and stability is and extend his remarks.) main goal to provide access coverage what reform means for seniors and why Mr. COFFMAN of Colorado. Mr. to everyone, especially the poor and most recently 63 percent of AARP Speaker, there are many heroes who the middle class that have already sac- members support the House version of have served our Nation from the Sixth rificed or contributed so much so this health care reform. Congressional District of Colorado. country, I say, Ask not what you can f Today I rise to pay tribute to one hero do for the insurance companies but ask in particular. Marine Corps First Lieu- what you can do for the American peo- HEALTH CARE BILL WILL tenant Thomas Claiborne of Parker, NEGATIVELY AFFECT SENIORS ple. Colorado. On October 29, 2009, First This is a humanitarian issue about (Mr. BUCHANAN asked and was Lieutenant Claiborne was lost when his responsible parents trying to provide given permission to address the House Marine Super Cobra collided with a for their families. The House bill ends for 1 minute.) Coast Guard C–130 during an escort the doughnut hole prescription drug Mr. BUCHANAN. Mr. Speaker, a new mission off the coast of California. The coverage, ends copayment for preven- report says the health care bill that lives of the crew of both aircraft were tive care, ends discrimination based on just passed the House will sharply re- lost in this tragic training accident. preexisting conditions, and provides duce benefits to seniors. This report First Lieutenant Claiborne graduated more health care for our youth. The was done by President Obama’s own ad- from the University of Colorado magna health bill means less red tape and less ministration. The Washington Post cum laude on a full Navy ROTC schol- paperwork, more time with your fami- says it all. You can see it right here: arship in May 2006 with a degree in lies and doctors, lower premiums for ‘‘This bill would sharply reduce bene- aerospace engineering and later earned older Americans. fits for some senior citizens and could his wings as a pilot in the United This is extremely important at a jeopardize access to care for millions of States Marine Corps. He is remembered time that the American families are others.’’ as a fine young man, an outstanding stretching their budgets to the brink My district has more than 267,000 sen- student and a dedicated Marine Corps to make ends meet their needs and iors, the oldest congressional district officer who had always dreamed of fly- may have lost their jobs. Access to in the country. I will not stand by ing. First Lieutenant Thomas Clai- health care is not a privilege. It’s a while we devastate Medicare and raise borne was a shining example of the Ma- human right. I urge my colleagues to taxes on individuals and small busi- rine Corps traditions. As a fellow ma- fight for the American family and pass nesses. The report also warns that hos- rine, my deepest sympathies go out to real health care reform. pitals and nursing homes could stop his family and to all that knew him. f taking Medicare all together. f I urge every Member of Congress to b 1230 read this report so we can focus on real FINANCIAL SERVICES REFORM FINANCIAL REGULATORY REFORM reform that does not punish our sen- (Mr. ELLISON asked and was given iors. permission to address the House for 1 (Mr. LANGEVIN asked and was given f minute and to revise and extend his re- permission to address the House for 1 marks.) minute and to revise and extend his re- SCHOOL-BASED HEALTH CLINICS Mr. ELLISON. Mr. Speaker, Presi- marks.) (Mrs. CAPPS asked and was given dent Bush’s policies of deregulation, Mr. LANGEVIN. Mr. Speaker, I rise permission to address the House for 1 poor regulation, and lack of oversight in strong support of the Financial minute and to revise and extend her re- of our financial system came to a head Services Committee’s work to overhaul marks.) a little more than a year ago, and they our financial system. Across the Na- Mrs. CAPPS. Mr. Speaker, I rise brought us the worst financial crisis tion, including my home State of today to remind my colleagues of just since the Great Depression. As my Rhode Island, predatory lending and one of the essential programs included friends on the other side of the aisle unregulated mortgage brokers led to in the Affordable Health Care for talk about unemployment and the unsustainable home loans and a drain America Act. This bill includes the stimulus package, it is their policies on our economy. Now, with unemploy- first dedicated Federal funding for that made all of this necessary in the ment at 13 percent, my constituents, school-based health clinics. School- first place. like many across the country, have had based clinics garner strong bipartisan But the Democratic Congress is roar- no other choice but to turn to credit support, and this provision is one of ing back to protect consumers, to cards to support their families and the many bipartisan initiatives in- make our financial system more safe small businesses. Now what’s hap- cluded in our health reform legislation. and sound, and to provide an orderly pening is these struggling Rhode Is- Today clinics in our schools are pro- resolution of financial firms that have landers are subjected to the deceptive viding comprehensive and easily acces- failed. Legislation being proposed right practices of credit card companies

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.011 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13013 greedily generating more profit before prescription drug doughnut hole that measurement regulations contained in annex new regulations go into effect. We’ve was created by the Republicans and 1 to the International Convention on Ton- all seen it. These practices include ris- their drug industry allies. The seniors nage Measurement of Ships, 1969. (7) INTERNATIONAL VOYAGE.—The term ing minimum payment amounts and that I talked to yesterday, they sup- ‘‘international voyage’’ means a voyage by a interest rates, decreasing limits and port the health care reform bill be- vessel entitled to fly the flag of one country closing accounts without proper notifi- cause it lowers their out-of-pocket ex- to or from a port, shipyard, offshore ter- cation. For these reasons and many penses in Medicare. It eliminates the minal, or other place under the jurisdiction more, consumer protection must be the doughnut hole, and it extends the life of another country. cornerstone of financial reform. Fur- of Medicare to make sure that it will (8) ORGANOTIN.—The term ‘‘organotin’’ ther, we must restore accountability be around for their kids and their means any compound or additive of tin and transparency of financial institu- grandkids. bound to an organic ligand, that is used or intended to be used as biocide in an tions and eliminate risks that contrib- And that’s why AARP supports the antifouling system. uted to the financial collapse. bill as well, with polling showing that (9) PERSON.—The term ‘‘person’’ means— I look forward to voting on legisla- their members also support health care (A) any individual, partnership, associa- tion which will address these past fail- reform by a 2–1 margin. Mr. Speaker, tion, corporation, or organized group of per- ures, strengthen regulation and over- seniors out there support health care sons whether incorporated or not; sight and put our country back on a reform because they, better than any- (B) any department, agency, or instrumen- path to economic stability. body, know what the status quo is, and tality of the United States, except as pro- vided in section 3(b)(2); or f they don’t like it. (C) any other government entity. HOW QUICKLY WE FORGET f (10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the department in (Ms. EDWARDS of Maryland asked ANNOUNCEMENT BY THE SPEAKER which the Coast Guard is operating. and was given permission to address PRO TEMPORE (11) SELL OR DISTRIBUTE.—The term ‘‘sell or the House for 1 minute and to revise The SPEAKER pro tempore. Pursu- distribute’’ means to distribute, sell, offer and extend her remarks.) for sale, hold for distribution, hold for sale, ant to clause 8 of rule XX, the Chair hold for shipment, ship, deliver for shipment, Ms. EDWARDS of Maryland. Mr. will postpone further proceedings Speaker, how quickly we forget. Last release for shipment, import, export, hold for today on motions to suspend the rules import, hold for export, or receive and (hav- year at this time the Nation faced the on which a recorded vote or the yeas ing so received) deliver or offer to deliver. worst financial crisis in decades, shed- and nays are ordered, or on which the (12) VESSEL.—The term ‘‘vessel’’ has the ding over 600,000 jobs a month. We vote incurs objection under clause 6 of meaning given that term in section 3 of title knew that unemployment was going to rule XX. 1, United States Code, including hydrofoil get worse before it got better. This is boats, air cushion watercraft, submersibles, Record votes on postponed questions floating craft, fixed or floating platforms, little consolation to the millions of will be taken later. Americans who are currently unem- floating storage units, and floating produc- f tion, storage, and offloading units. ployed, facing foreclosure, or forced to (13) TERRITORIAL SEA.—The term ‘‘terri- take multiple low-paying jobs to make CLEAN HULL ACT OF 2009 torial sea’’ means the territorial sea as de- ends meet. Mr. CUMMINGS. Mr. Speaker, I move scribed in Presidential Proclamation No. 5928 Earlier this year, we took unprece- to suspend the rules and pass the bill on December 27, 1988. dented action by passing the American (14) UNITED STATES.—The term ‘‘United (H.R. 3618) to provide for implementa- States’’ means the several States of the Recovery and Reinvestment Act. The tion of the International Convention impact of this legislation is growing United States, the District of Columbia, on the Control of Harmful Anti-Foul- Puerto Rico, Guam, American Samoa, the more evident each day across this ing Systems on Ships, 2001, and for Virgin Islands, the Commonwealth of the country, but it’s not enough, especially other purposes, as amended. Northern Marianas, and any other territory if you don’t have a job. The Clerk read the title of the bill. or possession over which the United States It’s time for us to focus on creating The text of the bill is as follows: has jurisdiction. jobs that enable Americans to take (15) USE.—The term ‘‘use’’ includes appli- care of themselves and their families. H.R. 3618 cation, reapplication, installation, or any We must engage in long-term job cre- Be it enacted by the Senate and House of Rep- other employment of an antifouling system. ation, continuing the Recovery Act to resentatives of the United States of America in SEC. 102. COVERED VESSELS. Congress assembled, (a) INCLUDED VESSEL.—Except as provided rebuild our roads, bridges, water, in subsection (b), after the Convention enters sewer, and energy infrastructure to SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Clean Hull into force for the United States, the fol- compete in a global economy. We must Act of 2009’’. lowing vessels are subject to the require- open credit markets to enable the real ments of this Act: TITLE I—GENERAL PROVISIONS job creators, small businesses, to grow (1) A vessel documented under chapter 121 and hire. SEC. 101. DEFINITIONS. of title 46, United States Code, or one oper- Mr. Speaker, as millions of Ameri- In this Act: ated under the authority of the United (1) ADMINISTRATOR.—The term ‘‘Adminis- cans continue to suffer, I ask us to get States, wherever located. trator’’ means the Administrator of the En- (2) Any vessel permitted by a Federal agen- busy creating jobs and move quickly to vironmental Protection Agency. cy to operate on the Outer Continental pass a bill that will create hundreds of (2) ANTIFOULING SYSTEM.—The term Shelf. thousands of new jobs and make crit- ‘‘antifouling system’’ means a coating, (3) Any other vessel when— ical investments in our infrastructure. paint, surface treatment, surface, or device (A) in the internal waters of the United f that is used or intended to be used on a ves- States; sel to control or prevent attachment of un- (B) in any port, shipyard, offshore ter- HEALTH CARE REFORM wanted organisms. minal, or other place in the United States; (Mr. MURPHY of Connecticut asked (3) CONVENTION.—The term ‘‘Convention’’ (C) lightering in the territorial sea; or and was given permission to address means the International Convention on the (D) to the extent consistent with inter- Control of Harmful Anti-Fouling Systems on national law, anchoring in the territorial sea the House for 1 minute.) Ships, 2001, including its annexes, and in- of the United States. Mr. MURPHY of Connecticut. Mr. cluding any amendments to the Convention (b) EXCLUDED VESSELS.— Speaker, there are a lot of special in- or annexes which have entered into force for (1) IN GENERAL.—The following vessels are terests out there that are making noise the United States. not subject to the requirements of this Act: about what the House health care bill (4) FPSO.—The term ‘‘FPSO’’ means a (A) Any warship, naval auxiliary, or other means for seniors. But seniors that I floating production, storage, or offloading vessel owned or operated by a foreign state, met with yesterday in Meriden, Con- unit. and used, for the time being, only on govern- necticut, they’re not falling for the (5) FSU.—The term ‘‘FSU’’ means a float- ment noncommercial service. ing storage unit. (B) Except as provided in paragraph (2), scare tactics. That’s because for years (6) GROSS TONNAGE.—The term ‘‘gross ton- any warship, naval auxiliary, or other vessel they’ve been dealing with the rising nage’’ as defined in chapter 143 of title 46, owned or operated by the United States and cost of health insurance, and they’re United States Code, means the gross tonnage used for the time being only on government the ones that have been paying for the calculated in accordance with the tonnage noncommercial service.

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(2) APPLICATION TO UNITED STATES GOVERN- platforms, FSUs, and FPSOs) must carry a monitoring pursuant to article 8 of the Con- MENT VESSELS.— declaration described in subsection (b) that vention and to promote the availability of (A) IN GENERAL.—The Administrator may is signed by the owner or owner’s authorized relevant information concerning— apply any requirement of this Act to one or agent. That declaration shall be accom- (1) scientific and technical activities un- more classes of vessels described in para- panied by appropriate documentation, such dertaken in accordance with the Convention; graph (1)(B), if the head of the Federal de- as a paint receipt or a contractor invoice, or (2) marine scientific and technological pro- partment or agency under which those ves- contain an appropriate endorsement. grams and their objectives; and sels operate concurs in that application. (b) CONTENT OF DECLARATION.—The dec- (3) the effects observed from any moni- (B) LIMITATION FOR COMBAT-RELATED VES- laration must contain a clear statement that toring and assessment programs relating to SEL.—Paragraph (1) shall not apply to com- the antifouling system on the vessel com- antifouling systems. bat-related vessels. plies with the Convention. The Secretary SEC. 206. COMMUNICATION AND EXCHANGE OF SEC. 104. ADMINISTRATION AND ENFORCEMENT. may prescribe the form and other require- INFORMATION. (a) IN GENERAL.—Unless otherwise speci- ments of the declaration. (a) IN GENERAL.—Except as provided in fied in this Act, with respect to a vessel, the SEC. 203. OTHER COMPLIANCE DOCUMENTATION. subsection (b), with respect to those Secretary shall administer and enforce the In addition to the requirements under sec- antifouling systems regulated by the Admin- Convention and this Act. tions 201 and 202, the Secretary may require istrator, the Administrator shall provide to (b) ADMINISTRATOR.—Except with respect vessels to hold other documentation consid- any party to the Convention that requests it, to section 301 (b) and (c), the Administrator ered necessary to verify compliance with relevant information on which the decision shall administer and enforce title III of this this Act. to regulate was based, including information Act. SEC. 204. PROCESS FOR CONSIDERING ADDI- provided for in annex 3 to the Convention, or (c) REGULATIONS.—The Administrator and TIONAL CONTROLS. other information suitable for making an ap- the Secretary may each prescribe and en- (a) ACTIONS BY ADMINISTRATOR.—The Ad- propriate evaluation of the antifouling sys- force regulations as may be necessary to ministrator may— tem. carry out their respective responsibilities (1) participate in the technical group de- (b) LIMITATION.—This section shall not be under this Act. scribed in Article 7 of the Convention, and in construed to authorize the provision of infor- SEC. 105. COMPLIANCE WITH INTERNATIONAL any other body convened pursuant to the mation the disclosure of which is otherwise LAW. Convention for the consideration of new or prohibited by law. Any action taken under this Act shall be additional controls on antifouling systems; TITLE III—PROHIBITIONS AND taken in accordance with treaties to which (2) evaluate any risks of adverse effects on ENFORCEMENT AUTHORITY the United States is a party and other inter- nontarget organisms or human health pre- SEC. 301. PROHIBITIONS. national obligations of the United States. sented by a given antifouling system such (a) IN GENERAL.—Notwithstanding any SEC. 106. UTILIZATION OF PERSONNEL, FACILI- that the amendment of annex 1 of the Con- other provision of law, it is unlawful for any TIES OR EQUIPMENT OF OTHER FED- vention may be warranted; person— ERAL DEPARTMENTS AND AGEN- (3) undertake an assessment of relevant en- (1) to act in violation of this Act, or any CIES. vironmental, technical, and economic con- regulation prescribed under this Act; The Secretary and the Administrator may siderations necessary to evaluate any pro- (2) to sell or distribute in domestic or utilize by agreement, with or without reim- posals for new or additional controls of international commerce organotin or an bursement, personnel, facilities, or equip- antifouling systems under the Convention, antifouling system containing organotin; ment of other Federal departments and agen- including benefits in the United States and (3) to manufacture, process, or use cies in administering the Convention, this elsewhere associated with the production organotin to formulate an antifouling sys- Act, or any regulations prescribed under this and use in the United States and elsewhere, tem; Act. of the subject antifouling system; and (4) to apply an antifouling system con- TITLE II—IMPLEMENTATION OF THE (4) develop recommendations based on that taining organotin on any vessel to which CONVENTION assessment. this Act applies; or SEC. 201. CERTIFICATES. (b) REFERRALS TO TECHNICAL GROUP.— (5) after the Convention enters into force (a) CERTIFICATE REQUIRED.—On entry into (1) CONVENING OF SHIPPING COORDINATING for the United States, to apply or otherwise force of the Convention for the United COMMITTEE.—On referral of any antifouling use in a manner inconsistent with the Con- States, any vessel of at least 400 gross tons system to the technical group described in vention, an antifouling system on any vessel that engages in one or more international article 7 of the Convention for consideration that is subject to this Act. voyages (except fixed or floating platforms, of new or additional controls, the Secretary (b) VESSEL HULLS.—Except as provided in FSUs, and FPSOs) shall carry an Inter- of State shall convene a public meeting of subsection (c), no vessel shall bear on its hull national Antifouling System Certificate. the Shipping Coordinating Committee for or outer surface any antifouling system con- (b) ISSUANCE OF CERTIFICATE.—On entry the purpose of receiving information and taining organotin, regardless of when such into force of the Convention, on a finding comments regarding controls on such system was applied, unless that vessel bears that a successful survey required by the Con- antifouling system. The Secretary of State an overcoating which forms a barrier to vention has been completed, a vessel of at shall publish advance notice of such meeting organotin leaching from the underlying least 400 gross tons that engages in at least in the Federal Register and on the State De- antifouling system. one international voyage (except fixed or partment’s Web site. The Administrator (c) LIMITATIONS.— floating platforms, FSUs, and FPSOs) shall shall assemble and maintain a public docket (1) EXCEPTED VESSEL.—Subsection (b) does be issued an International Antifouling Sys- containing notices pertaining to that meet- not apply to fixed or floating platforms, tem Certificate. The Secretary may issue the ing, any comments responding to those no- FSUs, or FPSOs that were constructed prior Certificate required by this section. The Sec- tices, the minutes of that meeting, and ma- to January 1, 2003, and that have not been in retary may delegate this authority to an or- terials presented at that meeting. dry dock on or after that date. ganization that the Secretary determines is (2) REPORT BY TECHNICAL GROUP.—The Ad- (2) SALE, MANUFACTURE, ETC.—This section qualified to undertake that responsibility. ministrator shall promptly make any report does not apply to— (c) MAINTENANCE OF CERTIFICATE.—The by the technical group described in the Con- (A) the sale, distribution, or use pursuant Certificate required by this section shall be vention available to the public through the to any agreement between the Administrator maintained as required by the Secretary. docket established pursuant to subsection (b) and any person that results in an earlier pro- (d) CERTIFICATES ISSUED BY OTHER PARTY and announce the availability of that report hibition or cancellation date than specified COUNTRIES.—A Certificate issued by any in the Federal Register. The Administrator in this Act; or country that is a party to the Convention shall provide an opportunity for public com- (B) the manufacture, processing, formula- has the same validity as a Certificate issued ment on the report for a period of not less tion, sale, distribution, or use of organotin by the Secretary under this section. than 30 days from the time the availability or antifouling systems containing organotin (e) VESSELS OF NONPARTY COUNTRIES.—Not- of the report is announced in the Federal used or intended for use only for sonar domes withstanding subsection (a), a vessel of at Register. or in conductivity sensors in oceanographic least 400 gross tons, having the nationality (3) CONSIDERATION OF COMMENTS.—To the instruments. of or entitled to fly the flag of a country extent practicable, the Administrator shall SEC. 302. INVESTIGATIONS AND INSPECTIONS BY that is not a party to the Convention, may take any comments into consideration in de- SECRETARY. demonstrate compliance with this Act veloping recommendations under subsection (a) IN GENERAL.—The Secretary may con- through other appropriate documentation (a). duct investigations and inspections regard- considered acceptable by the Secretary. SEC. 205. SCIENTIFIC AND TECHNICAL RE- ing a vessel’s compliance with this Act or SEC. 202. DECLARATION. SEARCH AND MONITORING; COMMU- the Convention. (a) REQUIREMENTS.—On entry into force of NICATION AND INFORMATION. (b) VIOLATIONS; SUBPOENAS.—In any inves- the Convention for the United States, a ves- The Secretary, the Administrator, and the tigation under this section, the Secretary sel of at least 24 meters in length, but less Administrator of the National Oceanic and may issue subpoenas to require the attend- than 400 gross tons engaged on an inter- Atmospheric Administration may each un- ance of witnesses and the production of docu- national voyage (except fixed or floating dertake scientific and technical research and ments and other evidence. In case of refusal

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.023 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13015 to obey a subpoena issued to any person, the (B) made a false, fictitious, or fraudulent SEC. 404. VESSEL CLEARANCE OR PERMITS; RE- Secretary may request the Attorney General statement or representation in any matter FUSAL OR REVOCATION; BOND OR to invoke the aid of the appropriate district in which a statement or representation is re- OTHER SURETY. court of the United States to compel compli- quired to be made to the Secretary under the If any vessel that is subject to the Conven- ance. Convention, this Act, or any regulations pre- tion or this Act, or its owner, operator, or (c) FURTHER ACTION.—On completion of an scribed under this Act, is liable to the United person in charge, is liable for a fine or civil investigation, the Secretary may take what- States for a civil penalty of not more than penalty under section 402 or 403, or if reason- ever further action the Secretary considers $50,000 for each such statement or represen- able cause exists to believe that the vessel, appropriate under the Convention or this tation. its owner, operator, or person in charge may Act. (2) RELATIONSHIP TO OTHER LAW.—This sub- be subject to a fine or civil penalty under (d) COOPERATION.—The Secretary may co- section shall not limit or affect the author- section 402 or 403, the Secretary may refuse operate with other parties to the Convention ity of the Government under section 1001 of or revoke the clearance required by section in the detection of violations and in enforce- title 18, United States Code. 60105 of title 46, United States Code. Clear- ment of the Convention. Nothing in this sec- (b) ASSESSMENT OF PENALTY.—The amount ance may be granted upon the filing of a tion affects or alters requirements under any of the civil penalty shall be assessed by the bond or other surety satisfaction to the Sec- other laws. Secretary or Administrator, as appropriate, retary. SEC. 303. EPA ENFORCEMENT. by written notice. SEC. 405. WARNINGS, DETENTIONS, DISMISSALS, (a) INSPECTIONS, SUBPOENAS.— (c) LIMITATION FOR RECREATIONAL VES- EXCLUSION. (1) IN GENERAL.—For purposes of enforcing SEL.—A civil penalty imposed under sub- (a) IN GENERAL.—If a vessel is detected to this Act or any regulation prescribed under section (a) against the owner or operator of be in violation of the Convention, this Act, this Act, officers or employees of the Envi- a recreational vessel, as that term is defined or any regulation prescribed under this Act, ronmental Protection Agency or of any in section 2101 of title 46, United States the Secretary may warn, detain, dismiss, or State designated by the Administrator may Code, for a violation of the Convention, this exclude the vessel from any port or offshore enter at reasonable times any location where Act, or any regulation prescribed under this terminal under the jurisdiction of the United there is being held or may be held organotin Act involving that recreational vessel, may States. or any other substance or antifouling system not exceed $5,000 for each violation. (b) NOTIFICATIONS.—If action is taken regulated under the Convention, for the pur- (d) DETERMINATION OF PENALTY.—For pur- under subsection (a), the Secretary, in con- pose of inspecting and obtaining samples of poses of penalties under this section, each sultation with the Secretary of State, shall any containers or labeling for organotin or day of a continuing violation constitutes a make the notifications required by the Con- other substance or system regulated under separate violation. In determining the vention. the Convention. amount of the penalty, the Secretary or Ad- SEC. 406. REFERRALS FOR APPROPRIATE ACTION (2) SUBPOENAS.—In any investigation under ministrator shall take into account the na- BY FOREIGN COUNTRY. this section the Administrator may issue ture, circumstances, extent, and gravity of Notwithstanding sections 401, 402, 403, and subpoenas to require the attendance of any the prohibited acts committed and, with re- 405, if a violation of the Convention is com- witness and the production of documents and spect to the violator, the degree of culpa- mitted by a vessel registered in or of the na- other evidence. In case of refusal to obey bility, any history of prior offenses, the eco- tionality of a country that is a party to the such a subpoena, the Administrator may re- nomic impact of the penalty on the violator, Convention, or by a vessel operated under quest the Attorney General to compel com- the economic benefit to the violator and the authority of a country that is a party to pliance. other matters as justice may require. the Convention, the Secretary, acting in co- (b) STOP MANUFACTURE, SALE, USE, OR RE- (e) REWARD.—An amount equal to not more ordination with the Secretary of State, may MOVAL ORDERS.—Consistent with section 104, than one-half of any civil penalty assessed refer the matter to the government of the whenever any organotin or other substance by the Secretary or Administrator under country of the vessel’s registry or nation- or system regulated under the Convention is this section may, subject to the availability ality, or under whose authority the vessel is found by the Administrator and there is rea- of appropriations, be paid by the Secretary operating, for appropriate action, rather son to believe that a manufacturer, seller, or Administrator, respectively, to any per- than taking the actions otherwise required distributor, or user has violated or is in vio- son who provided information that led to the or authorized by this title. lation of any provision of this Act, or that assessment or imposition of the penalty. SEC. 407. REMEDIES NOT AFFECTED. such organotin or other substance or system (f) REFERRAL TO ATTORNEY GENERAL.—If (a) IN GENERAL.—Nothing in this Act lim- regulated under the Convention has been or any person fails to pay a civil penalty as- its, denies, amends, modifies, or repeals any is intended to be manufactured, distributed, sessed under this section after it has become other remedy available to the United States. sold, or used in violation of this Act, the Ad- final, or comply with an order issued under (b) RELATIONSHIP TO STATE AND LOCAL ministrator may issue a stop manufacture, this Act, the Secretary or Administrator, as LAW.—Nothing in this Act limits, denies, sale, use, or removal order to any person appropriate, may refer the matter to the At- amends, modifies, or repeals any rights that owns, controls, or has custody of such torney General of the United States for col- under existing law, of any State, territory, organotin or other substance or system regu- lection in any appropriate district court of or possession of the United States, or any po- lated under the Convention. After receipt of the United States. litical subdivision thereof, to regulate any that order the person may not manufacture, (g) COMPROMISE, MODIFICATION, OR REMIS- antifouling system. Compliance with the re- sell, distribute, use, or remove the organotin SION.—Before referring any civil penalty that quirements of a State, territory, or posses- or other substance or system regulated is subject to assessment or has been assessed sion of the United States, or political sub- under the Convention described in the order under this section to the Attorney General, division thereof related to antifouling paint except in accordance with the order. the Secretary, or Administrator, as appro- or any other antifouling system does not re- SEC. 304. ADDITIONAL AUTHORITY OF THE AD- priate, may compromise, modify, or remit, lieve any person of the obligation to comply MINISTRATOR. with or without conditions, the civil penalty. with this Act. The Administrator, in consultation with (h) NONPAYMENT PENALTY.—Any person SEC. 408. REPEAL. the Secretary, may establish, as necessary, who fails to pay on a timely basis a civil pen- The Organotin Antifouling Paint Control terms and conditions regarding the removal alty assessed under this section shall also be Act of 1988 (33 U.S.C. 2401 et seq.) is repealed. and disposal of antifouling systems prohib- liable to the United States for interest on The SPEAKER pro tempore. Pursu- ited or restricted under this Act. the penalty at an annual rate equal to 11 per- ant to the rule, the gentleman from TITLE IV—ACTION ON VIOLATION, cent compounded quarterly, attorney fees Maryland (Mr. CUMMINGS) and the gen- PENALTIES, AND REFERRALS and costs for collection proceedings, and a tleman from New Jersey (Mr. quarterly nonpayment penalty for each quar- SEC. 401. CRIMINAL ENFORCEMENT. LOBIONDO) each will control 20 min- ter during which such failure to pay persists. Any person who knowingly violates para- utes. graph (2), (3), (4), or (5) of section 301(a) or That nonpayment penalty shall be in an section 301(b) shall be fined under title 18, amount equal to 20 percent of the aggregate The Chair recognizes the gentleman United States Code, or imprisoned not more amount of that person’s penalties and non- from Maryland. than 6 years, or both. payment penalties that are unpaid as of the GENERAL LEAVE SEC. 402. CIVIL ENFORCEMENT. beginning of that quarter. Mr. CUMMINGS. Mr. Speaker, I ask (a) CIVIL PENALTY.— SEC. 403. LIABILITY IN REM. unanimous consent that all Members (1) IN GENERAL.—Any person who is found A vessel operated in violation of the Con- may have 5 legislative days in which to by the Secretary or the Administrator, as vention, this Act, or any regulation pre- revise and extend their remarks and to appropriate, after notice and an opportunity scribed under this Act, is liable in rem for include extraneous material on H.R. for a hearing, to have— any fine imposed under section 18, United (A) violated the Convention, this Act, or States Code, or civil penalty assessed pursu- 3618. any regulation prescribed under this Act is ant to section 402, and may be proceeded The SPEAKER pro tempore. Is there liable to the United States Government for a against in the United States district court of objection to the request of the gen- civil penalty of not more than $37,500 for any district in which the vessel may be tleman from Maryland? each violation; or found. There was no objection.

VerDate Nov 24 2008 01:28 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.023 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13016 CONGRESSIONAL RECORD — HOUSE November 17, 2009 Mr. CUMMINGS. Mr. Speaker, I yield TBT is by the U.S. accession to the I look forward to working with you as we myself such time as I may consume. International Convention on the Con- prepare to pass this important legislation. Mr. Speaker, as chairman of the Sub- trol of Harmful Anti-Fouling Systems Sincerely, committee on Coast Guard and Mari- BENNIE G. THOMPSON, on Ships. The Convention was adopted Chairman. time Transportation, I rise today in by the International Maritime Organi- strong support of the Clean Hull Act of zation in October of 2001 to ban the use HOUSE OF REPRESENTATIVES, COM- 2009, H.R. 3618, as amended, which of hull coatings that contain TBT. The MITTEE ON TRANSPORTATION AND would institute the legal changes need- Convention came into force inter- INFRASTRUCTURE, ed to bring the United States into full nationally on September 17, 2008. The Washington, DC, November 12, 2009. compliance with the International Con- United States Senate gave its consent Hon. BENNIE G. THOMPSON, vention on the Control of Harmful Chairman, Committee on Homeland Security, to the Convention just a few days later, Ford House Office Building, Washington, Anti-Fouling Systems on Ships. I com- in September of 2008. mend the chairman of the full Com- DC. DEAR CHAIRMAN THOMPSON: I write to you mittee on Transportation and Infra- H.R. 3618 would finally implement in the United States the laws that will regarding H.R. 3618, the ‘‘Clean Hull Act of structure, Congressman OBERSTAR, for 2009’’. his hard work on this legislation, and bring our Nation into full compliance I agree that provisions in H.R. 3618 are of for his tireless commitment to ensur- with the Convention, thus completing jurisdictional interest to the Committee on ing that we do all that we can to mini- our ratification of the Convention. By Homeland Security. I acknowledge that by enacting H.R. 3618, the United States forgoing a sequential referral, your Com- mize the impact of our transportation mittee is not relinquishing its jurisdiction systems on our environment. I also can prohibit ships with TBT coatings from entering U.S. waters unless the and I will fully support your request to be commend the ranking member of the represented in a House-Senate conference on ships have overcoatings that prevent full committee, Mr. MICA, and the those provisions over which the Committee ranking member of the Coast Guard TBT from leaching from one under- on Homeland Security has jurisdiction in Subcommittee, Congressman lying anti-fouling system. H.R. 3618. This exchange of letters will be inserted in LOBIONDO, for their work on this legis- I also note that in order to prevent a the Committee Report on H.R. 3618 and in lation. compound like TBT from ever again the Congressional Record as part of the con- On June 10, I convened the sub- entering the environment through an sideration of this legislation in the House. committee to examine the impact on anti-fouling coating, the International I look forward to working with you as we the marine environment of the use of Convention on the Control of Harmful prepare to pass this important legislation. coatings on the hulls of ships con- Anti-Fouling Systems on Ships also es- Sincerely, taining the compound tributyltin, bet- tablished a system under which new JAMES L. OBERSTAR, ter known as TBT. Such coatings are anti-fouling coatings can be tested to Chairman. applied to prevent hull fouling. In the assess the effects on the marine envi- HOUSE OF REPRESENTATIVES, COM- maritime world, the term ‘‘fouling’’ is ronment. Coatings can be added to the MITTEE ON SCIENCE AND TECH- defined as the unwanted growth of bio- list of prohibited anti-fouling systems NOLOGY, logical material, such as barnacles and under the Convention if they are found Washington, DC, September 28, 2009. algae, on a surface immersed in water. to be harmful. H.R. 3618 authorizes the Hon. JAMES L. OBERSTAR, Because such material can slow a Environmental Protection Agency to Chairman, Committee on Transportation and ship’s movement through the water participate in international technical Infrastructure, House of Representatives, and can be transferred from one body Rayburn House Office Building, Wash- bodies convened to assess the safety of ington, DC. of water to another, ship owners and new anti-fouling systems. DEAR CHAIRMAN OBERSTAR: I write to you operators have attempted throughout I strongly believe that it is time for regarding H.R. 3618, the Clean Hull Act of the history of maritime transportation us to fully implement the Inter- 2009. This legislation was initially referred to both the Committee on Transportation and to eliminate the accumulation of such national Convention on the Control of materials through a variety of meth- Infrastructure and the Committee on Harmful Anti-Fouling Systems on Science and Technology. ods. Ships, and I urge the adoption of H.R. In the 1960s and 70s, hull coatings I recognize and appreciate your desire to 3618 by the House today. bring this legislation before the House in an were developed that had as their main HOUSE OF REPRESENTATIVES, expeditious manner, and, accordingly, I will ingredient the compound TBT. At that COMMITTEE ON HOMELAND SECURITY, waive further consideration of this bill in time, TBT was hailed as the best anti- Washington, DC, November 12, 2009. Committee. However, agreeing to waive con- fouling agent ever developed. Unfortu- Hon. JAMES L. OBERSTAR, sideration of this bill should not be con- nately, as so often happened in that pe- Chairman, Committee on Transportation and strued as the Committee on Science and riod, a product that showed promise Infrastructure, House of Representatives, Technology waiving its jurisdiction over Washington, DC. H.R. 3618, or any similar legislation. was rushed to market before the full Further, I request your support for the ap- range of its impacts on the environ- DEAR CHAIRMAN OBERSTAR: I write to you pointment of Science and Technology Com- ment was understood. Over the years, regarding H.R. 3618, the ‘‘Clean Hull Act of mittee conferees during any House-Senate it has become clear that TBT is highly 2009.’’ conference convened on this, or any similar toxic to marine life, including crusta- H.R. 3618 contains provisions that fall legislation. I also ask that a copy of this let- ceans, fish and even marine mammals. within the jurisdiction of the Committee on ter and your response be placed in the legis- TBT has caused alterations in oyster Homeland Security. I recognize and appre- lative report on H.R. 3618 and the CONGRES- ciate your desire to bring this legislation be- SIONAL RECORD during consideration of this shells, and has caused female dog bill. whelks, a type of snail, to begin devel- fore the House in an expeditious manner and, accordingly, I will not seek a sequential re- I look forward to working with you as we oping male sexual characteristics. ferral of the bill. However, agreeing to waive prepare to pass this important legislation. There’s even some evidence that TBT consideration of this bill should not be con- Sincerely, is bio-accumulative, meaning that strued as the Committee on Homeland Secu- BART GORDON, larger animals can ingest it as they rity waiving, altering, or otherwise affecting Chairman. consume smaller animals on the food its jurisdiction over subject matters con- HOUSE OF REPRESENTATIVES, COM- chain. Thus, the IMO reports that tained in the bill which fall within its Rule X jurisdiction. MITTEE ON TRANSPORTATION AND traces of TBT contamination have now INFRASTRUCTURE, been found even in whales. Further, I request your support for the ap- Washington, DC, September 29, 2009. I note that the use of TBT is already pointment of an appropriate number of Mem- Hon. BART GORDON, strictly regulated by U.S. law, specifi- bers of the Committee on Homeland Security Chairman, Committee on Science and Tech- cally, under the Organotin Anti-Foul- to be named as conferees during any House- nology, House of Representatives, Rayburn ing Paint Control Act of 1998. Under Senate conference convened on H.R. 3618 or House Office Building, Washington, DC. similar legislation. I also ask that a copy of this Act, the sale and most applica- DEAR CHAIRMAN GORDON: I write to you re- this letter and your response be included in garding H.R. 3618, the ‘‘Clean Hull Act of tions of TBT coatings are already pro- the legislative report on H.R. 3618 and in the 2009’’. hibited in the United States. However, Congressional Record during floor consider- I appreciate your willingness to waive the best way of controlling the use of ation of this bill. rights to further consideration of H.R. 3618,

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.014 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13017 notwithstanding the jurisdictional interest I started my service, of course, on 5,500 merchant vessels. We were num- of the Committee on Science and Tech- the Public Works Committee, as it was ber one in the world. Well, now the nology. Of course, this waiver does not preju- called then, but also on the Merchant Cosco, the Chinese shipping company, dice any further jurisdictional claims by Marine and Fisheries Committee, is the number one, they have the great- your Committee over this or similar legisla- tion. Further, I will support your request to which has jurisdiction over our waters est number of vessels. They have 25 be represented in a House-Senate conference and the water environment and the million dead weight tons of merchant on those provisions over which the Com- ocean environment. Many years ago I shipping. mittee on Science and Technology has juris- gave a talk to a maritime group and The SPEAKER pro tempore. The diction in H.R. 3618. quoted the poet Coleridge, citing our time of the gentleman has expired. This exchange of letters will be placed in ocean environment and the ocean itself Mr. CUMMINGS. I grant the gen- the Committee Report on H.R. 3618 and in- as deep, dark, heaving, endless and tleman an additional 3 minutes. serted in the CONGRESSIONAL RECORD as part mysterious. Mr. OBERSTAR. I thank the gen- of the consideration of this legislation in the tleman. House. Thank you for the cooperative spirit b 1245 And the Maersk fleet of Denmark in which you have worked regarding this Deep it is. Deeper than perhaps the now carrying 13,000 containers on ves- matter and others between our respective Himalaya chain. sels a thousand feet in length, and committees. Dark in its greatest depths, heaving I look forward to working with you as we other behemoths that ply the waters. prepare to pass this important legislation. in the worst of storms, mysterious, and And they are all accumulating these Sincerely, we are beginning to unlock the mys- organisms and this tributyltin mate- JAMES L. OBERSTAR, teries of the ocean. rial being applied to the hulls. And it’s Chairman. Endless it is not. Endless has given all being sloughed off into the oceans Mr. Speaker, I reserve the balance of rise to the notion we can discharge So while we are, as a flag-carrier na- my time. whatever refuge we have of humanity tion, small in the picture, our leader- into the ocean because it is endless. It Mr. LOBIONDO. Mr. Speaker, I yield ship is still huge. We have to take this myself such time as I may consume. is not. The drift nets that continue to step, this important step to prevent I’d like to start off by saying that I kill with no social redeeming purpose; the continued pollution of the oceans strongly support H.R. 3618, the Clean the trash of plastic that we discharge and of their marine life within it so Hull Act of 2009. I want to thank Mr. into the oceans and that gather in a that some day we can return to swirl where Pacific Ocean currents CUMMINGS and Mr. OBERSTAR for their Coleridge and find the ocean deep, help and cooperation in putting this meet and gather thousands of square dark, heaving, endless, and mysterious; miles of plastics that are ingested by bill together. The Committee on Trans- and clean, inhabitable, useful for itself whales, and one was found starving be- portation and Infrastructure first con- and for humanity. cause it had ingested so much sidered the topics addressed by this bill Mr. Speaker, I rise today in strong support Styrofoam it couldn’t process food. It in June, and I’m very pleased to see of H.R. 3618, the ‘‘Clean Hull Act of 2009’’. I is not endless. And neither are the that we’re considering legislation to thank the gentleman from Florida (Mr. MICA), chemicals that we discharge into it. implement these international rules so the Ranking Member of the Committee on They don’t just fall harmlessly into the quickly. Transportation and Infrastructure, and Coast bottom and go out of sight. They enter The bill would adopt the require- Guard and Maritime Transportation Sub- into the food chain. ments of the International Convention committee Chairman CUMMINGS and Ranking I learned in my earliest service on Member LOBIONDO for their bipartisan support on the Control of Harmful Anti-Foul- the Merchant Marine and Fisheries of this much needed legislation. ing Systems on Ships for purposes of Committee and on the Merchant Ma- Enacting H.R. 3618 will make the necessary U.S. law. Under the bill, use of toxic rine Subcommittee the need to protect changes in U.S. law to comply with the re- tin-based anti-fouling paints would be the hull and vessels from fouling, that quirements of the International Convention on prohibited. These compounds have had our large, deep, draft merchant vessels the Control of Harmful Antifouling Systems on a very negative significant impact on can accumulate up to 6,000 tons of Ships (Convention), which was adopted by the marine environments when they are plants—yes, plants that will grow and International Maritime Organization in October leached into the water column from the accumulation on the hulls—and 2001 and entered into force on September 17, vessels’ hulls. The United States has creatures and shellfish and, of course, 2008. already taken steps to prohibit the use the well-known and oft-referenced bar- Biological fouling is the unwanted accumula- of these compounds by prohibiting the nacles. And that accumulation can tion of microorganisms, plants, and animals on manufacture or sale of such marine slow down the vessel, can cause up to a structures that are exposed to the marine en- paints. The bill would complete the 40-percent reduction in speed and 40- vironment. Fouling can accelerate corrosion process by allowing the United States percent increase in fuel. on a vessel’s hull and on offshore and coastal to join as a party to the Convention in And science was enlisted to find a marine structures. Antifouling is the process of preventing foreign vessels treated with coating for hulls that would inhibit removing or preventing the accumulation of bi- tin-based paints from entering U.S. wa- plant growth, and they found one: ological fouling organisms. ters. tributyltin. And like so many of these In less than six months, a deep draft tank I appreciate the assistance that has great discoveries, it has terrible side vessel’s hull can accumulate up to 6,000 tons been provided by the Coast Guard and effects. It is causing shell deformation of fouling material if it is not treated with an the EPA during the process to craft in oysters, neurotoxic and genetic ef- antifouling application. Such fouling can cause this bill, and I urge all Members to sup- fects in other marine species, and it’s significant economic and environmental im- port the bill. been found in the fatty tissue of whales pacts by increasing a vessel’s fuel consump- I reserve the balance of my time. and dolphins and sharks and other sea tion by up to 40 percent. Biological fouling has Mr. CUMMINGS. Mr. Speaker, I now creatures. And it just goes on into the also been a conduit for the transfer of invasive yield 5 minutes to the distinguished food chain. It is like PCB on land. We species into ecosystems. chairman of the Transportation Com- have to stop this. Over the past 50 years, there have been a mittee, Congressman OBERSTAR of Min- There is happily an international number of antifouling substances used to treat nesota. convention on toxics in the marine en- structures, but the most toxic to date has been Mr. OBERSTAR. Mr. Speaker, I vironment, and we need to be a part of tributyltin (TBT). Over time, TBT has been thank the Chair of the subcommittee, that. We need to be a leader, even found in marine animals (including dolphins Mr. CUMMINGS, for his leadership on though our merchant fleet has gone and whales) and in the waters of marinas, this issue, and Mr. LOBIONDO for his downhill. From the time I was elected ports, harbors, open seas, and oceans. TBT participation in the hearings that and took office in 1975, we had 800 mer- has caused significant environmental and we’ve held and the markup in the chant vessels in the fleet. We were monetary impact by causing shell deforma- crafting of this very important legisla- eighth in the world’s fleets. That was tions in oysters, and neurotoxic and genetic tion. It’s an issue that I’ve been deal- dead last. effects in other marine species. ing with for 35 years, since I’ve served But at one time we had 25 million Since 2000, the Environmental Protection in the House. dead weight tons of shipping, we had Agency has prohibited the sale or application

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.016 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13018 CONGRESSIONAL RECORD — HOUSE November 17, 2009 of paints containing TBT in the United States or mind away from driving, including food GENERAL LEAVE by enforcing the Organotin Anti-Fouling Paint and beverages, traffic accidents, adjusting Mr. BISHOP of New York. Mr. Speak- Control Act of 1988 (OAPCA). In OAPCA, the radio, children, pets, objects moving in er, I ask unanimous consent that all organotin-based antifouling paints are prohib- the vehicle, talking or texting on a cell Members may have 5 legislative days phone, smoking, putting on makeup, shav- ited on some vessels less than 25 meters and within which to revise and extend their ing, and reading; remarks and include extraneous mate- the leaching rate of antifouling paints on larger Whereas the NHTSA researched driver dis- vessels is limited. traction with respect to both behavioral and rial on H. Res. 841. H.R. 3618 will ban all vessels using vehicle safety countermeasures in an effort The SPEAKER pro tempore. Is there antifouling paint containing TBT from entering to understand and mitigate crashes associ- objection to the request of the gen- the United States, further protecting our ma- ated with distracted driving; tleman from New York? rine environment from this dangerous chem- Whereas, on September 30, 2009, the De- There was no objection. Mr. BISHOP of New York. Mr. Speak- ical. It also prohibits a person from selling or partment of Transportation (DOT) Secretary er, I yield myself such time as I may distributing organotin or an antifouling system Ray LaHood announced new research find- ings by the NHTSA that show nearly 6,000 consume. containing organotin and from applying an people died in 2008 in crashes involving a dis- Mr. Speaker, I rise in strong support antifouling system containing organotin on any tracted or inattentive driver, and more than of H. Res. 841, a resolution that sup- ship to which H.R. 3618 applies. half a million were injured; ports the designation of November 29, H.R. 3618 will give the Coast Guard and Whereas distracted driving was reported to 2009, as Drive Safer Sunday, and en- Environmental Protection Agency the authority have been involved in 16 percent of all fatal courages the greater education and to ban foreign-flag ships from entering the crashes in 2008 according to data from the Fatality Analysis Reporting System (FARS); awareness of the growing dangers United States if they have their hulls covered caused by distracted driving on the Na- with paint containing TBT. The Convention will Whereas the age group with the greatest proportion of distracted drivers was the tion’s roadways. I thank the gentleman ultimately replace the OAPCA. under-20 age group, 16 percent of all under-20 from Pennsylvania (Mr. GERLACH) for I urge my colleagues to join me in sup- drivers in fatal crashes were reported to have introducing this resolution ahead of porting H.R. 3618, the ‘‘Clean Hull Act of been distracted while driving; the Thanksgiving holiday as part of a 2009’’. Whereas an estimated 22 percent of injury growing effort to combat this dan- Mr. LOBIONDO. Mr. Speaker, I yield crashes were reported to have involved dis- gerous trend. back the balance of my time. tracted driving, according to data from the Improving roadway safety is a top Mr. CUMMINGS. I yield myself such General Estimates System (GES); priority of our national transportation time as I may consume. Whereas crashes in which the critical rea- policy. Through the coordinated efforts son for the crash was attributed to the driv- Mr. Speaker, first of all, I want to of the Congress, the Department of just comment and associate myself er, approximately 18 percent involved dis- traction, according to the National Motor Transportation, States, local govern- with the words of Chairman OBERSTAR Vehicle Crash Causation Survey (NMVCCS); ments, and community leaders, we and add to them that this is our watch, Whereas during the 100-Car Naturalistic can—and we must—take steps to re- this is a time that we have responsi- Driving Study, driver involvement in sec- duce the alarming numbers of fatali- bility for this environment and it is ondary tasks contributed to over 22 percent ties on the Nation’s roadways each our duty to make it even better than of all crashes; year. what we found it. I want to thank the Whereas everyone traveling on the roads On average over the past 5 years, chairman for his words. They were very and highways needs to drive safer to reduce over 41,500 people annually have lost inspiring. deaths and injuries resulting from motor ve- their lives in vehicle crashes resulting hicle accidents; in yearly costs of $289 billion to the With that, I urge the Members to Whereas driver behavior can be effectively vote for H.R. 3618. changed through education and awareness; United States economy. Despite these Mr. Speaker, I yield back the balance and startling statistics, the public has in of my time. Whereas the Sunday after Thanksgiving is many ways come to accept traffic fa- The SPEAKER pro tempore. The the busiest highway traffic day of the year talities as unavoidable. question is on the motion offered by and would be appropriate to designate as Recently, a number of high-profile the gentleman from Maryland (Mr. ‘‘Drive Safer Sunday’’: Now, therefore, be it accidents have brought public scrutiny CUMMINGS) that the House suspend the Resolved, That the House of Representa- on the dangers of distracted driving, rules and pass the bill, H.R. 3618, as tives— particularly texting while driving. This amended. (1) encourages— attention has led to a growing con- The question was taken; and (two- (A) high schools, colleges, universities, ad- sensus that tasks that require drivers thirds being in the affirmative) the ministrators, teachers, primary schools, and to divert attention from the road—such rules were suspended and the bill, as secondary schools to launch campus-wide as dialing of a cell phone or sending educational campaigns to urge students to amended, was passed. text messages—undermine driver per- be careful about safety when driving; formance and must be combated. A motion to reconsider was laid on (B) national trucking firms to alert their the table. According to the National Highway drivers to be especially focused on driving Traffic Safety Administration, in 2008, f safely during the heaviest traffic day of the year, and to publicize the importance of the 5,870 people lost their lives and an esti- DRIVE SAFER SUNDAY day using Citizen’s Band (CB) radios and in mated 515,000 people were injured in po- Mr. BISHOP of New York. Mr. Speak- truck stops across the Nation; lice-reported crashes in which at least er, I move to suspend the rules and (C) clergy to remind their members to one form of driver distraction was cited agree to the resolution (H. Res. 841) ex- travel safely when attending services and on the crash report. Driver distraction pressing support for designation of No- gatherings; was reported to have been involved in (D) law enforcement personnel to remind vember 29, 2009, as ‘‘Drive Safer Sun- 16 percent of all fatal crashes in 2008, drivers and passengers to drive safer; and increasing from 12 percent in 2004. day’’. (E) all people of the United States to use Addressing this troubling number of The Clerk read the title of the resolu- this as an opportunity to educate themselves fatalities on our roadways will require tion. about the dangers of distracted driving and a comprehensive approach to highway The text of the resolution is as fol- highway safety; and safety. That is why it is important dur- lows: (2) supports the designation of ‘‘Drive Safer Sunday’’. ing periods of above-average risk that H. RES. 841 we do everything in our power to in- Whereas motor vehicle travel is the pri- The SPEAKER pro tempore. Pursu- form the driving public about the im- mary means of transportation in the United ant to the rule, the gentleman from portance of driving safety, remaining States; New York (Mr. BISHOP) and the gen- focused on the primary task at hand of Whereas the National Highway Traffic operating a vehicle, and avoiding the Safety Administration (NHTSA) estimates tleman from New Jersey (Mr. that 37,313 people, or more than 100 drivers a LOBIONDO) will each control 20 min- many distractions that have caused so day, were killed in motor vehicle traffic utes. many unnecessary accidents. crashes in 2008; This resolution brings much-needed Whereas the term ‘‘distracted driving’’ re- The Chair recognizes the gentleman awareness to the threats posed by road- fers to anything that takes your eyes, hands, from New York. way fatalities, particularly around the

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.011 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13019 busy Thanksgiving holiday. With driv- car accidents are caused by drivers not on the road. This year they are flying. ers from every region of the U.S. trav- paying attention according to the ad- My daughter Corrine and her husband, eling for the holidays, the Sunday after ministration. Steve, will come down from Pennsyl- Thanksgiving is one of the busiest Improving roadway safety is a top vania near Mr. GERLACH’s district and highway traffic days of the year, and priority not only for the Transpor- drive back, and it always bothers me one of the deadliest as well. tation and Infrastructure Committee there is so much traffic in the I–95 cor- During the 2008 Thanksgiving season but the House of Representatives as ridor which is so heavily traveled. alone, 389 passenger vehicle occupants well. While we are still in the forma- It takes me back to the beginning of were killed in motor vehicle accidents tive stages of establishing a Federal the interstate highway system, the nationwide. This Thanksgiving we can legislative policy consensus, it is im- driving force behind the interstate. Far all play a role in reducing these num- portant that we do not delay in deploy- more than congestion on the Nation’s bers through the commonsense rec- ing important educational and aware- roadways, movement of goods and peo- ommendations in this resolution. ness outreach efforts, and this resolu- ple, was the prospect in 1955, the rising I again thank the gentleman from tion attempts to do just that. number of highway fatalities, that if Pennsylvania (Mr. GERLACH) for high- This resolution, which we have called we didn’t do something, in less than a lighting this important issue, and I the Drive Safer Sunday resolution, decade, more than 100,000 people would urge my colleagues to join me in sup- simply designates November 29, the be dying on the Nation’s roadways. porting H. Res. 841. Sunday after Thanksgiving and the My predecessor, John Blatnik, who I reserve the balance of my time. busiest highway traffic day of the year, was one of the five coauthors of the Mr. LOBIONDO. Mr. Speaker, I rise in as Drive Safer Sunday and encourages interstate highway system, told me re- strong support of the resolution but at all people in the country to use this as peatedly when I was his administrative this point I would like to yield to the an opportunity to educate themselves assistant that that was the driving gentleman from Pennsylvania (Mr. and others about the dangers of dis- force, the fear that we would continue GERLACH) such time as he may con- tracted driving and highway safety. to have carnage on the Nation’s road- sume. This resolution would encourage ways, that drove the Congress, that Mr. GERLACH. Mr. Speaker, I thank schools, trucking firms, clergy, and law pushed the Eisenhower administration the gentleman for his support of the enforcement to launch educational to taking action to revive the study resolution and for yielding his time. campaigns to urge students, members, initiated under then-President Roo- A special thank you to my good and citizens to be careful about safety sevelt just before the end of World War friend from New York (Mr. BISHOP) for and driving. II that resulted in a recommendation his leadership on this issue and also for Motor vehicle travel is the primary of a 44,000-mile highway network for his words this afternoon in support of means of travel in the United States, the continental United States. this resolution, and also thanks to the and the administration estimates that Eisenhower then designated General chairman, Chairman OBERSTAR; the 37,315 people—or more than 100 drivers Lucius Clay to resurrect that study. ranking member, Mr. MICA; the sub- a day—were killed in motor vehicle The Clay Commission came back and committee chair, Mr. DEFAZIO; and crashes in 2008. As we approach the reported what became the National subcommittee ranking member, Mr. busiest traffic day of the year, every- System of Interstate and Defense High- DUNCAN, for their support of this reso- one traveling on the roads and high- ways. lution as well. ways needs to be aware of the risks as- Fatalities were in the range of 55,000 As my colleagues on the Transpor- sociated with distracted driving and a year. We brought that down over 50 tation and Infrastructure Committee drive safer to reduce deaths and inju- years to 43,000. Half of those are related and I have heard at recent hearings, ries resulting from motor vehicle acci- to alcohol. Half of the fatal accidents the issue of distracted driving has been dents. are urban residents driving on rural gaining a lot of attention recently, and This resolution is a reminder of the roads not accustomed to obstructed rightfully so. On September 30, 2009, personal responsibility each driver ac- line of sight, to blind intersections, to Secretary Ray LaHood announced new cepts every time they put their key in ground fog, to whiteouts at intersec- research findings by the National High- the ignition, and we can all do little tions during winter months. So half of way Traffic Safety Administration things to make the roads safer and be the fatalities occur in rural areas. Half that show nearly 6,000 people died in more considerate of the other motor- of those who die in rural areas are from 2008 in crashes involving a distracted ists. urban centers. or inattentive driver, and more than I thank the gentleman from New We are all engaged together in the half a million were injured. York (Mr. BISHOP) for his kind support need for a safer driving environment. It While the most recognized form of of this resolution. was bad enough to have alcohol and distracted driving is talking or texting drug abuse, but now distracted driving. on the cell phone, the term ‘‘distracted b 1300 Mr. BISHOP referenced the Sec- driving’’ actually refers to anything Mr. BISHOP of New York. Mr. Speak- retary’s summit, as did Mr. GERLACH, that takes your eyes, hands, or mind er, I yield such time as he may con- on distracted driving just a few weeks away from driving—including food and sume to the chairman of the Transpor- ago. The Secretary is on his way to a beverages, traffic accidents, adjusting tation Committee, the gentleman from conference in Moscow on safe driving. the radio, children and pets in the vehi- Minnesota (Mr. OBERSTAR). He left yesterday to lead the way cle, smoking, putting on makeup, shav- Mr. OBERSTAR. Mr. Speaker, I among industrialized nations of the ing and reading—all of these behaviors thank the gentleman for yielding. world to develop better information need highlighting. I want to thank Mr. BISHOP for his and take stronger action to improve As my colleague from Oregon, Chair- leadership on this issue, but especially safety on our roadways. man DEFAZIO, said during our commit- the gentleman from Pennsylvania (Mr. The European Commission, in 5 tee’s hearing on distracted driving, GERLACH) who had the foresight and years, has reduced their highway fatal- ‘‘More research needs to be done so we the tenacity of concern to draft this ity from 55,000 a year to 43,000 in just 5 can fully understand the extent of this resolution and call national attention years. A centerpiece of their action in problem, but the research that has to the subject of safe driving, particu- the European Transport Ministry was been done shows a growing consensus larly on this busiest travel weekend of to ban cell phone use. In Portugal, it is the tasks that require the driver to di- the year, the Thanksgiving holiday a crime to use a cell phone while driv- vert their eyes from the road and/or time. ing. Whether you are involved in an ac- their hands from the steering wheel It is particularly poignant to me as cident or not, traffic police are author- pose a serious distraction that under- nearly every year our daughter, Noelle; ized to arrest persons who can then be mines driver performance.’’ her husband, Todd; granddaughters, prosecuted as criminals for using cell The Department of Transportation’s Emma, Lily, and Coryn, drive from Ke- phones while driving. The European recent distracted driving summit put a nosha, Wisconsin, to Washington for community is serious about this, and spotlight on this issue as well. Most Thanksgiving and back, 13-plus hours we need to get serious as well.

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.019 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13020 CONGRESSIONAL RECORD — HOUSE November 17, 2009 This resolution will move us into a take a comprehensive approach to the issue I yield back the balance of my time. greater awareness, a broader general of distracted driving. We urge Congress to Mr. BISHOP of New York. Mr. Speak- awareness of the need for improved at- support funding for research, data collection, er, let me just close by thanking the tention to safety. public education, law enforcement and road- gentleman from Pennsylvania (Mr. Our transportation bill that has been way countermeasures. We support your goal of drawing public at- GERLACH) for his leadership on this reported from subcommittee and ready tention to the dangers of distracted driving issue. Let me also thank the chairman to come to the House floor will double and the importance of traffic safety. Thank of the committee, Mr. OBERSTAR, for the investment, over 6 years, in high- you for your leadership on this important moving this resolution through the way safety to $12-plus billion over 6 issue. committee so rapidly and bringing it to years. That is what we need to do. We Sincerely, the floor so quickly. Let me also echo have funding for awareness programs JILL INGRASSIA, the chairman’s comments with respect and we have funding for increased driv- Managing Director, Government Relations to the urgency and the desirability of and Traffic Safety Advocacy. er training and driver education re- passing a robust reauthorization of the AAA 10 TIPS TO MINIMIZE DISTRACTED sponsibility and more truck safety. highway transportation bill as quickly DRIVING There are a whole range of initiatives as we possibly can. that need to be undertaken and need to AAA and the AAA Foundation for Traffic Safety will be asking motorists to partici- I yield back the balance of my time. be funded. We need a 6-year transpor- The SPEAKER pro tempore. The tation bill to do that. This administra- pate by making Heads Up Driving Week a distraction-free week of driving. question is on the motion offered by tion needs to get on board with us, not Using a cell phone, text messaging, or the gentleman from New York (Mr. spend the next year dithering about emailing are just some of many possible dis- BISHOP) that the House suspend the what kind of bill we need to have. We tractions that divert drivers’ attention. Eat- rules and agree to the resolution, H. have got the bill. We have the ideas. ing, talking with passengers, reading maps Res. 841. We have the initiatives and the public or the newspaper, writing, personal groom- The question was taken. ing, and looking at things outside the vehi- support. We need to move ahead with The SPEAKER pro tempore. In the this bill. cle are among countless activities that could create a substantial crash risk. opinion of the Chair, two-thirds being Thank heavens for this resolution in the affirmative, the ayes have it. that will increase public awareness in Below are 10 quick and easy ways drivers can minimize distractions. Mr. BISHOP of New York. Mr. Speak- this very critical time of year. Many 1. Plan Ahead. Read maps and check traffic er, on that I demand the yeas and nays. millions of our fellow citizens take to conditions before you get on the road. The yeas and nays were ordered. the highways. They need to take to the 2. Stow Electronic Devices. Turn off your The SPEAKER pro tempore. Pursu- highways safely and come home safely. phone before you drive so you won’t be ant to clause 8 of rule XX and the Mr. LOBIONDO. Mr. Speaker, again I tempted to use it while on the road. Pull rise in strong support of the resolution over to a safe place to talk on the phone or Chair’s prior announcement, further and remind my colleagues that during to send and receive text messages or emails. proceedings on this motion will be this holiday season we have an oppor- 3. Prepare Kids and Pets for the Trip. Get postponed. tunity to help remind drivers of the the kids safely buckled in and situated with f snacks and entertainment before you start harmful consequences of distracted driving. If they need additional attention CRUISE VESSEL SECURITY AND driving and that harmful consequence during the trip, pull off the road safely to SAFETY ACT OF 2009 on loved ones and others. So I encour- care for them. Similarly, prepare and secure age all Members of Congress to join me pets appropriately in your vehicle before get- Mr. CUMMINGS. Mr. Speaker, I move in supporting this resolution. ting underway. to suspend the rules and pass the bill I would like to insert into the CON- 4. Satisfy that Craving Off the Road. Eat (H.R. 3360) to amend title 46, United GRESSIONAL RECORD correspondence re- meals and snacks before getting behind the States Code, to establish requirements ceived from the AAA organization. wheel, or stop to eat and take a break if to ensure the security and safety of driving long-distance. TRIPLE A, passengers and crew on cruise vessels, 5. Store Loose Gear and Possessions. Stash Washington, DC, November 2, 2009. and for other purposes, as amended. away loose objects that could roll around Hon. JIM GERLACH, and take your attention away from driving. The Clerk read the title of the bill. House of Representatives, 6. Get Your Vehicle Road-Ready. Adjust The text of the bill is as follows: Washington, DC. seat positions, climate controls, sound sys- H.R. 3360 DEAR CONGRESSMAN GERLACH: AAA sup- ports your resolution on distracted driving, tems and other devices before you leave or Be it enacted by the Senate and House of H. Res. 841, to designate November 29, 2009, while your vehicle is stopped. Make sure Representatives of the United States of America as ‘‘Drive Safer Sunday.’’ Your effort is in your headlights are spotless so you can see in Congress assembled, line with our own work to raise public everything on the road and every other driv- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. er can see you better. awareness of the dangers posed by distracted (a) SHORT TITLE.—This Act may be cited as 7. Dress for Success Before You Get in the driving. the ‘‘Cruise Vessel Security and Safety Act Car. Your car isn’t a dressing room. Brush Recently, AAA and the AAA Foundation of 2009’’. your hair, shave, put on make-up, and tie for Traffic Safety encouraged all drivers to (b) TABLE OF CONTENTS.—The table of con- your necktie before you leave or once you participate in ‘‘Heads Up Driving Week’’ tents for this Act is as follows: from October 5–11. We asked drivers to take reach your destination. Sec. 1. Short title; table of contents. a first step toward driving distraction-free 8. Get Your Brain in the Game. Focus on Sec. 2. Findings. by trying it for one week, and then con- the task at hand—driving safely. Scan the Sec. 3. Cruise vessel security and safety tinuing that good habit for life. Drivers were road, use mirrors and practice commentary requirements. urged to sign a pledge committing to dis- driving, identifying orally events and condi- Sec. 4. Study and report on the security traction-free driving, and were provided 10 tions you may have to react to. Really focus- needs of passenger vessels. tips on how to eliminate distractions from ing on maintaining your thoughts about the their daily travel. For your information, I road, when you’re on the road, can help en- SEC. 2. FINDINGS. am enclosing the 10 tips that support the hance your engagement, your overall aware- The Congress makes the following findings: campaign. ness and behavior as a driver, and help you (1) There are approximately 200 overnight AAA has also launched a state legislative see the importance of ‘‘being in the game.’’ ocean-going cruise vessels worldwide. The campaign to pass laws banning text mes- 9. Evaluate Your Own Behavior From the average ocean-going cruise vessel carries saging while driving in all 50 states by 2013. Other Side of the Road. When you’re on the 2,000 passengers with a crew of 950 people. Enacting texting while driving bans is an im- road as a passenger or a pedestrian, take a (2) In 2007 alone, approximately 12,000,000 portant step in reducing the incidence of this look around and honestly evaluate whether passengers were projected to take a cruise dangerous practice among motorists nation- you might have some of the same driving be- worldwide. wide. We’ll also continue our work through haviors as those who you’re a little worried (3) Passengers on cruise vessels have an in- public education, driver training, and other about as a passenger or pedestrian. adequate appreciation of their potential vul- safety programs to discourage motorists 10. Enlist Passengers. Ask a passenger to nerability to crime while on ocean voyages, from engaging in the broad range of distrac- help you with activities that may be dis- and those who may be victimized lack the in- tions that tempt them while behind the tracting. formation they need to understand their wheel. These tips and further information about legal rights or to know whom to contact for AAA and a number of other safety groups distracted driving are available at help in the immediate aftermath of the recently sent a letter urging Congress to www.AAAFoundation.org/HeadsUp. crime.

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.022 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13021 (4) Sexual violence, the disappearance of ‘‘(ii) time-sensitive key technology. human immunodeficiency virus and other passengers from vessels on the high seas, and ‘‘(D) The vessel shall integrate technology sexually transmitted diseases; and other serious crimes have occurred during that can be used for capturing images of pas- ‘‘(C) meets guidelines established by the luxury cruises. sengers or detecting passengers who have American College of Emergency Physicians (5) Over the last 5 years, sexual assault and fallen overboard, to the extent that such relating to the treatment and care of victims physical assaults on cruise vessels were the technology is available. of sexual assault; leading crimes investigated by the Federal ‘‘(E) The vessel shall be equipped with a ‘‘(4) prepare, provide to the patient, and Bureau of Investigation with regard to cruise sufficient number of operable acoustic hail- maintain written documentation of the find- vessel incidents. ing or other such warning devices to provide ings of such examination that is signed by (6) These crimes at sea can involve attacks communication capability around the entire the patient; and both by passengers and crew members on vessel when operating in high risk areas (as ‘‘(5) provide the patient free and imme- other passengers and crew members. defined by the Coast Guard). diate access to— (7) Except for United States flagged ves- ‘‘(2) FIRE SAFETY CODES.—In administering ‘‘(A) contact information for local law en- sels, or foreign flagged vessels operating in the requirements of paragraph (1)(C), the forcement, the Federal Bureau of Investiga- an area subject to the direct jurisdiction of Secretary shall take into consideration fire tion, the Coast Guard, the nearest United the United States, there are no Federal stat- safety and other applicable emergency re- States consulate or embassy, and the Na- utes or regulations that explicitly require quirements established by the Coast Guard tional Sexual Assault Hotline program or cruise lines to report alleged crimes to and under international law, as appropriate. other third party victim advocacy hotline United States Government officials. ‘‘(3) EFFECTIVE DATE.— service; and (8) It is not known precisely how often ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) a private telephone line and Internet- crimes occur on cruise vessels or exactly how subparagraph (B), the requirements of para- accessible computer terminal by which the many people have disappeared during ocean graph (1) shall take effect 18 months after individual may confidentially access law en- voyages because cruise line companies do the date of enactment of the Cruise Vessel forcement officials, an attorney, and the in- not make comprehensive, crime-related data Security and Safety Act of 2009. formation and support services available readily available to the public. ‘‘(B) LATCH AND KEY REQUIREMENTS.—The through the National Sexual Assault Hotline (9) Obtaining reliable crime-related cruise requirements of paragraph (1)(C) take effect program or other third party victim advo- data from governmental sources can be dif- on the date of enactment of the Cruise Ves- cacy hotline service. ficult, because multiple countries may be in- sel Security and Safety Act of 2009. ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT volved when a crime occurs on the high seas, ‘‘(b) VIDEO RECORDING.— EXAMINATION AND SUPPORT INFORMATION.— The master or other individual in charge of including the flag country for the vessel, the ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL- a vessel to which this section applies shall— country of citizenship of particular pas- LANCE.—The owner of a vessel to which this ‘‘(1) treat all information concerning an sengers, and any countries having special or section applies shall maintain a video sur- examination under subsection (d) confiden- maritime jurisdiction. veillance system to assist in documenting tial, so that no medical information may be (10) It can be difficult for professional crimes on the vessel and in providing evi- released to the cruise line or other owner of crime investigators to immediately secure dence for the prosecution of such crimes, as the vessel or any legal representative thereof an alleged crime scene on a cruise vessel, re- determined by the Secretary. without the prior knowledge and approval in cover evidence of an onboard offense, and ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner writing of the patient, or, if the patient is identify or interview potential witnesses to of a vessel to which this section applies shall unable to provide written authorization, the the alleged crime. provide to any law enforcement official per- patient’s next-of-kin, except that nothing in (11) Most cruise vessels that operate into forming official duties in the course and this paragraph prohibits the release of— and out of United States ports are registered scope of an investigation, upon request, a ‘‘(A) information, other than medical find- under the laws of another country, and in- copy of all records of video surveillance that ings, necessary for the owner or master of vestigations and prosecutions of crimes the official believes may provide evidence of the vessel to comply with the provisions of against passengers and crew members may a crime reported to law enforcement offi- subsection (g) or other applicable incident involve the laws and authorities of multiple cials. reporting laws; nations. ‘‘(c) SAFETY INFORMATION.—The owner of a ‘‘(B) information to secure the safety of (12) The Coast Guard has found it nec- vessel to which this section applies shall pro- vide in each passenger stateroom, and post passengers or crew on board the vessel; or essary to establish 500-yard security zones in a location readily accessible to all crew ‘‘(C) any information to law enforcement around cruise vessels to limit the risk of ter- and in other places specified by the Sec- officials performing official duties in the rorist attack. Recently piracy has dramati- retary, information regarding the locations course and scope of an investigation; and cally increased throughout the world. of the United States embassy and each con- ‘‘(2) treat any information derived from, or (13) To enhance the safety of cruise pas- sulate of the United States for each country obtained in connection with, post-assault sengers, the owners of cruise vessels could the vessel will visit during the course of the counseling or other supportive services con- upgrade, modernize, and retrofit the safety voyage. fidential, so no such information may be re- and security infrastructure on such vessels ‘‘(d) SEXUAL ASSAULT.—The owner of a ves- leased to the cruise line or any legal rep- by installing peep holes in passenger room sel to which this section applies shall— resentative thereof without the prior knowl- doors, installing security video cameras in ‘‘(1) maintain on the vessel adequate, in- edge and approval in writing of the patient, targeted areas, limiting access to passenger date supplies of anti-retroviral medications or, if the patient is unable to provide written rooms to select staff during specific times, and other medications designed to prevent authorization, the patient’s next-of-kin. and installing acoustic hailing and warning sexually transmitted diseases after a sexual ‘‘(f) CREW ACCESS TO PASSENGER STATE- devices capable of communicating over dis- assault; ROOMS.—The owner of a vessel to which this tances. ‘‘(2) maintain on the vessel equipment and section applies shall— SEC. 3. CRUISE VESSEL SECURITY AND SAFETY materials for performing a medical examina- ‘‘(1) establish and implement procedures REQUIREMENTS. tion in sexual assault cases to evaluate the and restrictions concerning— (a) IN GENERAL.—Chapter 35 of title 46, patient for trauma, provide medical care, ‘‘(A) which crew members have access to United States Code, is amended by adding at and preserve relevant medical evidence; passenger staterooms; and the end the following: ‘‘(3) make available on the vessel at all ‘‘(B) the periods during which they have ‘‘§ 3507. Passenger vessel security and safety times medical staff who have undergone a that access; and requirements credentialing process to verify that he or ‘‘(2) ensure that the procedures and restric- ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUC- she— tions are fully and properly implemented and TION, AND RETROFITTING REQUIREMENTS.— ‘‘(A) possesses a current physician’s or reg- periodically reviewed. ‘‘(1) IN GENERAL.—Each vessel to which this istered nurse’s license and— ‘‘(g) LOG BOOK AND REPORTING REQUIRE- subsection applies shall comply with the fol- ‘‘(i) has at least 3 years of post-graduate or MENTS.— lowing design and construction standards: post-registration clinical practice in general ‘‘(1) IN GENERAL.—The owner of a vessel to ‘‘(A) The vessel shall be equipped with ship and emergency medicine; or which this section applies shall— rails that are located not less than 42 inches ‘‘(ii) holds board certification in emer- ‘‘(A) record in a log book, either electroni- above the cabin deck. gency medicine, family practice medicine, or cally or otherwise, in a centralized location ‘‘(B) Each passenger stateroom and crew internal medicine; readily accessible to law enforcement per- cabin shall be equipped with entry doors that ‘‘(B) is able to provide assistance in the sonnel, a report on— include peep holes or other means of visual event of an alleged sexual assault, has re- ‘‘(i) all complaints of crimes described in identification. ceived training in conducting forensic sexual paragraph (3)(A)(i), ‘‘(C) For any vessel the keel of which is assault examination, and is able to promptly ‘‘(ii) all complaints of theft of property laid after the date of enactment of the Cruise perform such an examination upon request valued in excess of $1,000, and Vessel Security and Safety Act of 2009, each and provide proper medical treatment of a ‘‘(iii) all complaints of other crimes, passenger stateroom and crew cabin shall be victim, including administration of anti- committed on any voyage that embarks or equipped with— retroviral medications and other medica- disembarks passengers in the United States; ‘‘(i) security latches; and tions that may prevent the transmission of and

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‘‘(B) make such log book available upon re- ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA standards and curricula to allow for the cer- quest to any agent of the Federal Bureau of INTERNET.— tification of passenger vessel security per- Investigation, any member of the Coast ‘‘(A) WEBSITE.—The Secretary of Transpor- sonnel, crew members, and law enforcement Guard, and any law enforcement officer per- tation shall maintain a statistical compila- officials on the appropriate methods for pre- forming official duties in the course and tion of all incidents described in paragraph vention, detection, evidence preservation, scope of an investigation. (3)(A)(i) on an Internet site that provides a and reporting of criminal activities in the ‘‘(2) DETAILS REQUIRED.—The information numerical accounting of the missing persons international maritime environment. The recorded under paragraph (1) shall include, and alleged crimes recorded in each report Administrator of the Maritime Administra- at a minimum— filed under paragraph (3)(A)(i) that are no tion may certify organizations in the United ‘‘(A) the vessel operator; longer under investigation by the Federal States and abroad that offer the curriculum ‘‘(B) the name of the cruise line; Bureau of Investigation. The data shall be for training and certification under sub- ‘‘(C) the flag under which the vessel was updated no less frequently than quarterly, section (c). operating at the time the reported incident aggregated by— ‘‘(b) MINIMUM STANDARDS.—The standards occurred; ‘‘(i) cruise line, with each cruise line iden- established by the Secretary under sub- ‘‘(D) the age and gender of the victim and tified by name; and section (a) shall include— the accused assailant; ‘‘(ii) whether each crime was committed by ‘‘(1) the training and certification of vessel ‘‘(E) the nature of the alleged crime or a passenger or a crew member. security personnel, crew members, and law complaint, as applicable, including whether ‘‘(B) ACCESS TO WEBSITE.—Each cruise line enforcement officials in accordance with ac- the alleged perpetrator was a passenger or a taking on or discharging passengers in the cepted law enforcement and security guide- crew member; United States shall include a link on its lines, policies, and procedures, including rec- ‘‘(F) the vessel’s position at the time of the Internet website to the website maintained ommendations for incorporating a back- incident, if known, or the position of the ves- by the Secretary under subparagraph (A). ground check process for personnel trained sel at the time of the initial report; ‘‘(h) ENFORCEMENT.— and certified in foreign countries; ‘‘(G) the time, date, and method of the ini- ‘‘(1) PENALTIES.— ‘‘(2) the training of students and instruc- tial report and the law enforcement author- ‘‘(A) CIVIL PENALTY.—Any person that vio- tors in all aspects of prevention, detection, ity to which the initial report was made; lates this section or a regulation under this evidence preservation, and reporting of ‘‘(H) the time and date the incident oc- section shall be liable for a civil penalty of criminal activities in the international mar- curred, if known; not more than $25,000 for each day during itime environment; and ‘‘(I) the total number of passengers and the which the violation continues, except that ‘‘(3) the provision or recognition of off-site total number of crew members on the voy- the maximum penalty for a continuing viola- training and certification courses in the age; and tion is $50,000. United States and foreign countries to de- ‘‘(J) the case number or other identifier ‘‘(B) CRIMINAL PENALTY.—Any person that velop and provide the required training and provided by the law enforcement authority knowingly fails to record in a log book or to certification described in subsection (a) and to which the initial report was made. make a log book available in accordance to enhance security awareness and security ‘‘(3) REQUIREMENT TO REPORT CRIMES AND with subsection (g)(1), or to report in accord- practices related to the preservation of evi- OTHER INFORMATION.— ance with subsection (g)(3), shall be fined not dence in response to crimes on board pas- ‘‘(A) IN GENERAL.—The owner of a vessel to more than $250,000 or imprisoned not more senger vessels. which this section applies (or the owner’s than 1 year, or both. ‘‘(c) CERTIFICATION REQUIREMENT.—Begin- designee)— ‘‘(2) DENIAL OF ENTRY.—The Secretary may ning 2 years after the standards are estab- ‘‘(i) shall contact the nearest Federal Bu- deny entry into the United States to a vessel lished under subsection (b), no vessel to reau of Investigation Field Office or Legal to which this section applies if the owner of which this section applies may enter a Attache by telephone as soon as possible the vessel— United States port on a voyage (or voyage after the occurrence on board the vessel of ‘‘(A) commits an act or omission for which segment) on which a United States citizen is an incident involving homicide, suspicious a penalty may be imposed under this sub- a passenger unless there is at least 1 crew death, a missing United States national, kid- section; or member onboard who is certified as having napping, assault with serious bodily injury, ‘‘(B) fails to pay a penalty imposed on the successfully completed training in the pre- any offense to which section 2241, 2242, 2243, owner under this subsection. vention, detection, evidence preservation, or 2244 (a) or (c) of title 18 applies, firing or ‘‘(i) PROCEDURES.—Within 6 months after and reporting of criminal activities in the tampering with the vessel, or theft of money the date of enactment of the Cruise Vessel international maritime environment on pas- or property in excess of $10,000 to report the Security and Safety Act of 2009, the Sec- senger vessels under subsection (a). incident; retary shall issue guidelines, training cur- ‘‘(d) INTERIM TRAINING REQUIREMENT.—No ‘‘(ii) shall furnish a written report of the ricula, and inspection and certification pro- vessel to which this section applies may incident to the Secretary via an Internet cedures necessary to carry out the require- enter a United States port on a voyage (or based portal; ments of this section. voyage segment) on which a United States ‘‘(iii) may report any serious incident that ‘‘(j) REGULATIONS.—The Secretary of citizen is a passenger unless there is at least does not meet the reporting requirements of Transportation and the Commandant shall 1 crew member onboard who has been prop- clause (i) and that does not require imme- each issue such regulations as are necessary erly trained in the prevention, detection, diate attention by the Federal Bureau of In- to implement this section. evidence preservation and the reporting re- vestigation via the Internet based portal ‘‘(k) APPLICATION.— quirements of criminal activities in the maintained by the Secretary of Transpor- ‘‘(1) IN GENERAL.—This section and section international maritime environment. The tation; and 3508 apply to a passenger vessel (as defined in owner of such a vessel shall maintain certifi- ‘‘(iv) may report any other criminal inci- section 2101(22)) that— cation or other documentation, as prescribed dent involving passengers or crew members, ‘‘(A) is authorized to carry at least 250 pas- by the Secretary, verifying the training of or both, to the proper State or local govern- sengers; such individual and provide such documenta- ment law enforcement authority. ‘‘(B) has onboard sleeping facilities for tion upon request for inspection in connec- each passenger; ‘‘(B) INCIDENTS TO WHICH SUBPARAGRAPH (A) tion with enforcement of the provisions of ‘‘(C) is on a voyage that embarks or dis- APPLIES.—Subparagraph (A) applies to an in- this section. This subsection shall take ef- cident involving criminal activity if— embarks passengers in the United States; fect 1 year after the date of enactment of the ‘‘(i) the vessel, regardless of registry, is and Cruise Vessel Safety and Security Act of 2009 owned, in whole or in part, by a United ‘‘(D) is not engaged on a coastwise voyage. and shall remain in effect until superseded States person, regardless of the nationality ‘‘(2) FEDERAL AND STATE VESSELS.—This by the requirements of subsection (c). of the victim or perpetrator, and the inci- section and section 3508 do not apply to a ‘‘(e) CIVIL PENALTY.—Any person that vio- dent occurs when the vessel is within the ad- vessel that is owned and operated by the lates this section or a regulation under this miralty and maritime jurisdiction of the United States Government or a vessel that is section shall be liable for a civil penalty of United States and outside the jurisdiction of owned and operated by a State. not more than $50,000. ‘‘(l) OWNER DEFINED.—In this section and any State; ‘‘(f) DENIAL OF ENTRY.—The Secretary may section 3508, the term ‘owner’ means the ‘‘(ii) the incident concerns an offense by or deny entry into the United States to a vessel owner, charterer, managing operator, mas- against a United States national committed to which this section applies if the owner of ter, or other individual in charge of a vessel. outside the jurisdiction of any nation; the vessel— ‘‘(iii) the incident occurs in the Territorial ‘‘§ 3508. Crime scene preservation training for ‘‘(1) commits an act or omission for which Sea of the United States, regardless of the passenger vessel crew members a penalty may be imposed under subsection nationality of the vessel, the victim, or the ‘‘(a) IN GENERAL.—Within 1 year after the (e); or perpetrator; or date of enactment of the Cruise Vessel Secu- ‘‘(2) fails to pay a penalty imposed on the ‘‘(iv) the incident concerns a victim or per- rity and Safety Act of 2009, the Secretary, in owner under subsection (e).’’. petrator who is a United States national on consultation with the Director of the Fed- (b) CLERICAL AMENDMENT.—The table of a vessel during a voyage that departed from eral Bureau of Investigation and the Mari- contents for such chapter is amended by add- or will arrive at a United States port. time Administrator, shall develop training ing at the end the following:

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.006 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13023 ‘‘3507. Passenger vessel security and safety enforcement resources that are avail- Further, I request your support for the ap- requirements. able on land, often make the prosecu- pointment of an appropriate number of Mem- ‘‘3508. Crime scene preservation training tion of those accused of committing a bers of the Committee on Homeland Security for passenger vessel crew members.’’. crime on a cruise ship very difficult. As to be named as conferees during any House- Senate conference convened on H.R. 3360 or SEC. 4. STUDY AND REPORT ON THE SECURITY a result, though crime is infrequent on NEEDS OF PASSENGER VESSELS. similar legislation. I also ask that a copy of (a) IN GENERAL.—Within 3 months after the cruise vessels, so are prosecutions of this letter and your response be included in date of enactment of this Act, the Secretary those accused of crimes. the legislative report on H.R. 3360 and in the of the department in which the Coast Guard As chairman of the Subcommittee on Congressional Record during floor consider- is operating shall conduct a study of the se- Coast Guard and Maritime Transpor- ation of this bill. curity needs of passenger vessels depending tation, I held two hearings to examine I look forward to working with you as we on number of passengers on the vessels, and the issue of crime on cruise ships. I be- prepare to pass this important legislation. report to the Congress findings of the study lieve H.R. 3360 responds directly to the Sincerely, and recommendations for improving security problems we examined in our hearings BENNIE G. THOMPSON, on those vessels. by requiring reasonable alteration in Chairman. (b) REPORT CONTENTS.—In recommending vessel design, equipment, and construc- appropriate security on those vessels, the re- HOUSE OF REPRESENTATIVES, COM- port shall take into account typical crew tion standards to increase the physical MITTEE ON TRANSPORTATION AND member shifts, working conditions of crew safety and security of passengers. For INFRASTRUCTURE members, and length of voyages. example, H.R. 3360 requires that cruise Washington, DC, November 12, 2009. The SPEAKER pro tempore. Pursu- vessels install peepholes or similar fea- Hon. BENNIE G. THOMPSON, ant to the rule, the gentleman from tures in cabin doors so passengers can Chairman, Committee on Homeland Security, Washington, DC. Maryland (Mr. CUMMINGS) and the gen- identify who is at their door without DEAR CHAIRMAN THOMPSON, I write to you tleman from New Jersey (Mr. having to open it. H.R. 3360 also re- quires that cruise vessels have railings regarding H.R. 3360, the ‘‘Cruise Vessel Secu- LOBIONDO) each will control 20 min- rity and Safety Act of 2009’’. utes. that are at least 42 inches high to help I agree that provisions in H.R. 3360 are of The Chair recognizes the gentleman prevent passengers from falling over- jurisdictional interest to the Committee on from Maryland. board. Homeland Security. I acknowledge that by GENERAL LEAVE To ensure that those who are victims forgoing a sequential referral, your Com- Mr. CUMMINGS. Mr. Speaker, I ask of sexual assaults have immediate ac- mittee is not relinquishing its jurisdiction unanimous consent that all Members cess to state-of-the-art medical care, and I will fully support your request to be represented in a House-Senate conference on may have 5 legislative days in which to H.R. 3360 requires that cruise ships have onboard trained personnel who those provisions over which the Committee revise and extend their remarks and in- can provide treatment to assault vic- on Homeland Security has jurisdiction in clude extraneous material on H.R. 3360. tims, collect evidence to support pros- H.R. 3618. The SPEAKER pro tempore. Is there This exchange of letters will be inserted in objection to the request of the gen- ecutions, and administer antiretroviral the Committee Report on H.R. 3360 and in medications as soon as possible. The tleman from Maryland? the Congressional Record as part of the con- There was no objection. legislation also requires that a store of sideration of this legislation in the House. Mr. CUMMINGS. Mr. Speaker, I yield such medications be maintained on I look forward to working with you as we myself such time as I may consume. cruise vessels. prepare to pass this important legislation. Sincerely, Mr. Speaker, I rise today in strong H.R. 3360 also specifies certain crimes that must be reported to U.S. authori- JAMES L. OBERSTAR, M.C., support of the Cruise Vessel Security ties, and it requires the Secretary of Chairman. and Safety Act of 2009, H.R. 3360, as Transportation to maintain an Inter- I reserve the balance of my time. amended. Mr. LOBIONDO. Mr. Speaker, I rise in This legislation, authored by Con- net site that provides a numerical ac- counting of the crimes reported to U.S. support of H.R. 3360, the Cruise Vessel gresswoman DORIS MATSUI, would re- authorities. Such statistics will be ag- Security and Safety Act of 2009, and quire that cruise vessels calling on the gregated by individual cruise lines, and yield myself such time as I may con- United States take reasonable steps to cruise lines will be required to main- sume. improve the physical safety and secu- tain a link to the site on their own Web I would like to state that I believe rity of their vessels. The legislation pages. this language is a significant improve- also would require cruise vessels to re- Again, Mr. Speaker, I applaud the ment over legislation that was consid- port to U.S. authorities allegations of work of the gentlewoman from Cali- ered by the House in the 110th Congress specific crimes on cruise ships. fornia (Ms. MATSUI) who has worked Almost all of the nearly 200 cruise and mirrors language currently await- tirelessly on this issue and given it just ing final action in the Senate. vessels embarking and disembarking a tremendous, tremendous effort. I ap- passengers in the United States are plaud her and thank her on behalf of b 1315 registered in foreign countries. As a re- the Congress and a grateful Nation. sult, U.S. laws apply directly to these I urge all of the Members of the The provisions of this legislation vessels and to those sailing on these House to join me in passing H.R. 3360, were also included as part of H.R. 3619, vessels only when they are sailing in as amended. the Coast Guard Authorization Act of U.S. waters. 2010, which the House overwhelmingly HOUSE OF REPRESENTATIVES, approved last month. While available statistics suggest COMMITTEE ON HOMELAND SECURITY, that crime is infrequent on cruise ves- Washington, DC, November 12, 2009. For several years the Committee on sels, many Americans do not realize, Hon. JAMES L. OBERSTAR, Coast Guard and Maritime Transpor- when they step on a cruise ship, they Chairman, Committee on Transportation and tation has closely examined the factors are stepping on what becomes a float- Infrastructure, Washington, DC. impacting the safety and security of ing piece of some other country’s juris- DEAR CHAIRMAN OBERSTAR, I write to you American citizens aboard cruise ships diction as soon as it is more than 12 regarding H.R. 3360, the ‘‘Cruise Vessel Secu- that operate in and out of U.S. ports. rity and Safety Act of 2009.’’ miles from United States shores. H.R. 3360 contains provisions that fall H.R. 3360 makes commonsense im- Unfortunately, for those who are the within the jurisdiction of the Committee on provements which will enhance safe- victims of crime on cruise vessels, the Homeland Security. I recognize and appre- guards for passengers during a cruise. implications of this reality become ciate your desire to bring this legislation be- While no level of procedural or struc- clear only after they learn that the fore the House in an expeditious manner and, tural modifications can prevent all in- laws applying to the cruise vessels may accordingly, I will not seek a sequential re- cidents from occurring, I believe this not and often do not extend to them ferral of the bill. However, agreeing to waive bill will significantly enhance the ca- consideration of this bill should not be con- pabilities of both passengers and cruise the kinds of protections United States strued as the Committee on Homeland Secu- laws would extend. rity waiving, altering, or otherwise affecting lines in the future. Additionally, the unique cir- its jurisdiction over subject matters con- The bill will also codify an agree- cumstances of life at sea, particularly tained in the bill which fall within its Rule ment between the FBI and cruise lines if a vessel is far from the kinds of law X jurisdiction. which will require cruise operators to

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.006 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13024 CONGRESSIONAL RECORD — HOUSE November 17, 2009 immediately notify Federal law en- assaults. Security, safety, and account- She had not been in her room for 5 forcement agencies of major incidents ability must all be strengthened to days, and her absence had simply gone that occur aboard a vessel. hold criminals accountable and end the unreported and unacted upon. Her fam- I support the bill. cycle of serious crimes on cruise ships. ily hired a private investigator, and he Mr. Speaker, I reserve the balance of This has been a long, difficult road was resisted in his efforts to talk to my time. for all cruise victims and their fami- people on the ship. Ultimately, the law Mr. CUMMINGS. Mr. Speaker, I yield lies, and this legislation is truly a re- firm that they retained obtained a 4 minutes to the gentlewoman from sult of their courage, their dedication, court order to interview the steward California (Ms. MATSUI), who is the and their conviction to prevent further and other personnel responsible. sponsor of the bill and who has been so crimes from happening. These reforms This simply should not happen on helpful to our committee and our sub- are long overdue, common sense, and ships that call on American ports. It committee on this issue. are supported by the Cruise Line Indus- should never happen, and Americans Ms. MATSUI. I thank the gentleman try Association and was included in the need to be aware. Again, I compliment from Maryland, who has been such a Coast Guard Authorization Act that Ms. MATSUI. leader in all of this. passed this year. This legislation takes important and Mr. Speaker, I rise today in support I urge my colleagues to vote in sup- reasonable steps to protect Americans of H.R. 3360, the Cruise Vessel Safety port of this important legislation and and all citizens when they board these and Security Act, legislation that I in- join me in paving a path for a safer fu- ships. Cruise ships have a duty of re- troduced earlier this year. I want to ture for all cruise passengers. sponsibility to the people who board thank both Chairman OBERSTAR and Mr. LOBIONDO. Mr. Speaker, I am them. This will make those cruise Chairman CUMMINGS for the good work very happy to yield 5 minutes to my ships more accountable and safer. It their committees have done on this bill colleague from Arizona (Mr. SHADEGG). will, as has been mentioned, require and for their tremendous support to Mr. SHADEGG. I thank the gen- some video surveillance to monitor enact this critical legislation. tleman for yielding. crime onboard. It will require crime There is an urgent need for the re- Mr. Speaker, I rise in very strong scene investigation training and cer- form I have outlined in the Cruise Ves- support of this critically needed legis- tification for some cruise vessel crew sel Safety and Security Act. For far lation, the Cruise Vessel Security and members. It will require other provi- too long, American families have un- Safety Act; and I want to compliment sions to ensure that if one of our loved knowingly been at risk when embark- the author of the legislation, Ms. MAT- ones goes missing on a cruise ship, ing on cruise vacations. Unfortunately, SUI, for her efforts. Like her, I have a they are notified. the status quo has allowed cruise ships tragic story that has been brought to Importantly, it will require the pres- to operate under foreign flags of con- my attention which will be addressed ervation of evidence. Like Ms. MAT- venience, and they are not required by this legislation, and I want to make SUI’s constituent who was the victim of under U.S. law to report crimes occur- it clear how important I believe this a rape, this legislation will require ring outside of our territorial waters. legislation is to millions of potential that rape kits be kept onboard in case But leaving our territorial waters does victims who go unknowingly onto such a tragic event happens again. not mean that cruise ships should be cruise ships. This is critically needed legislation. allowed to operate without basic laws Merrian Carver, the daughter of one It has followed somewhat of a tortured that protect American citizens. my constituents, Ken Carver, was a vi- path. It came across this floor once be- My legislation requires that all brant young woman who had her entire fore, and its ultimate enactment into crimes that occur aboard cruise ships life ahead of her. Tragically, at the age law was jeopardized by being coupled be reported to the Coast Guard and to of 40, she disappeared from a cruise with other legislation. the FBI. Without proper screening ship in August of 2004 and was never I compliment the chairman of the processes and accountability, these found. That would be bad enough in subcommittee and the chairman of the reprehensible and violent acts will be itself, but it is the outrageous conduct full committee and the ranking mem- allowed to continue. Unclear lines of afterward which this legislation ad- ber. I think it is essential that this leg- jurisdiction are no longer an excuse for dresses. There have already been com- islation be enacted, and I compliment risking the safety of millions of Ameri- ments about the lack of supervision or you for separating it for a stand-alone cans who board cruise ships each year. safety or the lack of protection of the vote. I first became aware of the need for law, but in this instance there was cal- Mr. CUMMINGS. Mr. Speaker, I yield increased protections for Americans lous disregard. 21⁄2 minutes to the gentlewoman from when one of my constituents, Laurie The steward of the ship knew she was California (Ms. RICHARDSON). She is a Dishman, wrote to me for help in April onboard and that she had used her strong member of our subcommittee of 2006. Laurie was a victim of a sexual room the first night, and he conscien- and certainly one who has championed assault while on a cruise vacation. She tiously reported that she did not use this cause too. was given no assistance by the cruise her room again any of the subsequent Ms. RICHARDSON. Mr. Speaker, I line in properly securing evidence of nights. She had gone missing on the rise in strong support of H.R. 3360, the the assault, no assistance in identi- second day of the cruise, and nothing Cruise Vessel Security and Safety Act fying her attacker, no assistance in was done. No law enforcement officials of 2009, which will address cruise safety prosecuting the crime once back on were contacted. No family members in many of our communities. I would shore. were contacted. Nothing was done. In like to thank Chairmen OBERSTAR and Devastated, Laurie reached out to essence, the steward was told, Be quiet CUMMINGS and my colleague Ms. MAT- me, and I immediately called for hear- and mind your own business. SUI from California for bringing for- ings on this issue and began to work on At the end of the trip, Merrian’s per- ward this issue that we’ve all talked this legislation. Our hearings made ap- sonal effects were simply boxed up. The about and are now glad to see finally parent the gross inadequacies of cur- FBI was not notified. The family was come to the floor again. rent cruise safety provisions; and with not notified. Cruise ships are enjoyed by approxi- ongoing news coverage of recent rapes Ultimately, Merrian’s family, in a mately 10 million Americans every on cruise ships, it is clear that this leg- desperate effort, was forced to hire a year, and many of them come to my islation is urgent and necessary. law firm and a private investigator. district in the Ports of Long Beach and My legislation establishes stringent Again, however, they met with resist- Los Angeles. This bill will take many new standards to ensure the safety and ance and unnecessary delays in re- steps towards preventing crimes on security of passengers on cruise ves- sponse by the cruise ship. It took days cruise ships and ensuring that those sels. Its reforms include reporting that to confirm that Merrian had, in fact, crimes that are committed, the people vessel personnel be able to preserve boarded the ship, and video confirmed who do those deeds, will find justice. evidence of crimes committed on the that she had boarded the ship. And it By enacting measures such as install- vessels and provide appropriate med- took even more time to get permission ing peepholes on doors, basic things ical treatment to the victims of sexual to interview the steward. like increasing video surveillance, and

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.027 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13025 keeping better records of incidents cruise was over with, she met with the occurs aboard those vessels, as was said that do occur will make our seas safer FBI and explained her case, and after earlier by both Mr. CUMMINGS and Mr. and really cause the cruise to be a va- several days she later received a phone LOBIONDO, it’s on the high seas, beyond cation as advertised. call saying that the Department of the jurisdiction of the United States. I applaud the bill’s emphasis on safe- Justice would not prosecute her case But when that vessel comes into port, ty and health. It will ensure that a suf- and that the FBI had closed the inves- it is under our law. ficient number of physicians are aboard tigation and gave her no explanation. This is a law enforcement bill. And every ship and that ships have appro- So then she wrote a letter to Royal the gentleman from Arizona (Mr. SHAD- priate up-to-date supplies of anti- Caribbean Cruise Lines, and they wrote EGG) very well and thoughtfully and retroviral medications. Just a few her back, Mr. Speaker, thanking her with great feeling described the experi- weeks ago, I met with some of the for her business and even had the au- ence of his constituent, the family of members of the cruise ship industry dacity to send her a coupon for future constituents of a woman who was actu- and talked to them about what they’re trips on their cruise line. ally lost. This legislation, as he point- doing to prepare for the H1N1 virus. I commend Ms. Dishman for bringing ed out, and as Mr. CUMMINGS pointed Now is the time. We have long put this whole issue before Congress and out, provides a pathway to correcting people in jeopardy of not really having especially Ms. MATSUI, her Representa- those problems out into the future. But the appropriate safety regulations and tive from California, for exposing these we have to get a bill passed. That is measures, and I applaud this Congress atrocities to the American public and why we separated this bill from other and our chairmen for bringing it for- to this Congress. If these U.S.-based legislation. ward today. cruise ship companies who own and op- There is already a hold on this bill in Mr. LOBIONDO. Mr. Speaker, I am erate foreign flag passenger vessels the other body. A Member of the other now pleased to yield 5 minutes to my want to access the millions of Ameri- body is holding this bill up and insist- colleague from Texas (Mr. POE). cans who travel their cruise ships ing that a fee be imposed on cruise line Mr. POE of Texas. Mr. Speaker, I ap- every year, they should be required to passengers to pay for any Federal Gov- preciate the gentleman from New Jer- implement proper safety and security ernment involvement. This is law en- sey yielding time and his work on this improvements for all travelers. forcement. We don’t ask our fellow legislation and, of course, the chair- The U.S. Government also needs to citizens to pay a fee for their homes to man from Maryland and his work as ensure that American citizens and be protected against burglary. We don’t well, but also the gentlewoman from American families are safe when they ask victims of rape to pay a fee to be California (Ms. MATSUI), who has been travel on cruise ships departing from protected against future rape. That is a relentless advocate of protecting citi- our ports. And when crimes are re- just—well, it’s beyond description. I zens that are on cruise lines. ported on the high seas, the perpetra- shouldn’t say anything further. I recently was a cosponsor of similar tors should be accountable. But we have to get a bill passed. And legislation, H.R. 1485, the Cruise Vessel As chairman of the Victims’ Rights the Member of the other body who is Security Act of 2009, that was passed Caucus, I strongly support this legisla- insisting on those conditions needs to by this House. And this bill, H.R. 3360, tion. have a visit with reality. And the re- the Cruise Vessel Security and Safety ality are those victims of violence b 1330 Act of 2009, makes cruise lines more ac- aboard cruise ships. And this legisla- countable when passengers become vic- Mr. CUMMINGS. Mr. Speaker, I yield tion will bridge the gaps between the tims of crime at sea. 5 minutes to the distinguished chair- rights of victims and the actual experi- Every year cruise line companies man of our committee, the gentleman ences they encounter, provide protec- carry over 10 million American citizens from Minnesota (Mr. OBERSTAR). I want tion, provide access to assistance to to and from America’s ports, and these to thank him as he rises for all of his victims of crime and give them the cruise lines promise Americans safety, hard work. protection of U.S. law, extend that to security, fun, relaxation aboard their Mr. OBERSTAR. Mr. Speaker, I those 10.5 million of our fellow citizens ships. But sometimes that is not the thank the chairman, Mr. CUMMINGS, for who take a cruise vacation so it will be whole story. the prodigious work done, the hearing a pleasant experience and not a night- In 2007 the Los Angeles Times pub- preparation, not just the hearing, but mare. lished an article disclosing sexual as- preparation for the hearing, gathering Mr. Speaker and colleagues, I just sault data that was provided by Royal the information and steeping himself want to observe and thank the ranking Caribbean International as part of a in the subject of the hearing and gath- member of the subcommittee, Mr. civil lawsuit. The article’s disturbing ering all the data, and then working to LOBIONDO, that this particular bill, is and startling report showed that over a shape the ultimate legislation. He has the 200th bill of our committee in the 32-month period, Royal Caribbean re- done a superb job, as has Mr. LOBIONDO, 110th and now the 111th Congress, the ported over 250 incidents of sexual as- our ranking member, and former chair- 200th bill that we have moved through sault, battery, and harassment. Cruise man of the subcommittee. committee, and I expect soon through companies have been forced to pay mil- I especially want to thank Ms. MAT- the House and one veto override, in the lions of dollars in order to settle civil SUI for her work at the behest of her 21⁄2 years under my chairmanship. lawsuits filed in American courts for constituent, having heard this terrible The SPEAKER pro tempore. The failing to protect American passengers. experience her constituent went time of the gentleman has expired. Congressional testimony by victims of through on that cruise experience. She Mr. CUMMINGS. I yield the gen- sexual assault on cruise ships exposes then had the courage to testify at our tleman 11⁄2 additional minutes. so much more than the cruise lines committee hearing. That’s really ex- Mr. OBERSTAR. I want to thank my have really told us. traordinary. So determined was she to colleagues on the Democratic side and Most disturbing from this testimony see justice done, to change the culture particularly my colleagues on the Re- were from female victims that were aboard cruise ships, the indifference we publican side for the splendid partici- sexually assaulted by crew members on saw in this particular case, the indif- pation we have had and the partnership the high seas. Almost 40 percent of the ference spread throughout this indus- we have enjoyed in moving together a crimes were committed by cruise com- try, to the plight of the rare but none- legislative agenda for America, for the pany employees. And as the gentle- theless experiences that cruise pas- good of this country, a partnership woman from California has pointed sengers go through. Some 10.5 million that we extended during the years of out, her constituent Laurie Dishman in took a cruise vacation in 2007. That’s a the Republican majority from 1995 on- 2006 was sexually assaulted by a man very sizable number of our constitu- ward. It is a record of accomplishment on the cruise ship who was a security ency nationwide. that I think sets the standard for this officer. There is only one U.S.-flagged cruise body. And I appreciate the partnership This individual, Laurie Dishman, re- line, cruise vessel, I should say. There that we have had, in particular Mr. ported the incident, and the cruise line are over 200 cruise vessels that are reg- MICA, who is the leader on the Repub- did absolutely nothing. When the istered under foreign flags. When crime lican side, and all of our colleagues on

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I thank the distin- I want to make it very clear, Mr. stead of reporting her absence, the ship’s guished subcommittee Chair. Speaker, that this was an effort of the staffers packed up her belongings and I rise today in support of this bill and victim groups and the cruise ship in- cleaned up her cabin. They did nothing for five not just because of the tragic cases dustry. As Chairman OBERSTAR said, weeks and only filed a missing-persons report that we have been discussing, but spe- there was a lot of work that went into with the FBI after being questioned by a pri- cifically, in support of a more obscure this legislation with folks actually sit- vate detective.’’ section in the bill that requires pas- ting down and coming up with reason- This is not just wrong—it’s beyond wrong. senger vessels to be equipped with able and balanced solutions to these Cruise passengers deserve better. Their acoustic hailing devices. The Long problems. families deserve better. Range Acoustical Devices, LRADS, are I want to thank all of the folks that That’s why I want to encourage my col- the next generation of nonlethal coun- did that. And I also take a moment to leagues to support this legislation. termeasure devices. These acute, long- thank Mr. LOBIONDO and certainly Mr. Mr. CUMMINGS. Mr. Speaker, I yield range acoustic hailing devices are im- MICA and definitely our chairman, Mr. back the balance of my time. portant for both civilian and military OBERSTAR. This is one of those bipar- The SPEAKER pro tempore. The vessels. tisan efforts that has yielded a win- question is on the motion offered by Following the suicide attack on the win-win, a win certainly for this Con- the gentleman from Maryland (Mr. USS Cole while it was at port in Yemen gress, a win for those people who find CUMMINGS) that the House suspend the in 2000, the United States Navy estab- themselves taking a vacation on cruise rules and pass the bill, H.R. 3360, as lished a requirement for an acoustic ships, and certainly a win for law en- amended. hailing device. The intent of this AHD forcement as they try to make sure The question was taken. was to provide the Navy with a means that they address any kind of issues The SPEAKER pro tempore. In the to establish the intent of an approach- that may come up, and the industry. opinion of the Chair, two-thirds being ing vessel at a distance such that de- It’s a win-win-win-win. in the affirmative, the ayes have it. fensive measures could be taken should So I think that what we have done is Mr. CUMMINGS. Mr. Speaker, on the vessel not heed a warning. These hailing devices are not only approach this in a very balanced way, a that I demand the yeas and nays. used as an identifier of intent but also very measured way, but a way which The yeas and nays were ordered. can be used to repel possible attackers addresses all of the issues that we at- The SPEAKER pro tempore. Pursu- or to disperse unlawful mobs. An LRAD tempted to address. And certainly we ant to clause 8 of rule XX and the was used for this purpose for the first thank Ms. Dishman and the other vic- Chair’s prior announcement, further time in the United States in Pitts- tims who have had difficult cir- proceedings on this motion will be burgh during the time of the G–20 sum- cumstances happen to them for bring- postponed. mit on September 24–25 of 2009. ing their testimony. As Chairman f OBERSTAR said, this kind of testimony Last week I had the opportunity to HONORING COAST GUARD AND MA- is very difficult for someone to present witness an LRAD in action. Ultra Elec- RINE CORPS AIRCRAFT PILOTS themselves, not only to the Congress tronics, a high-tech manufacturer near LOST IN CALIFORNIA Columbia City, Indiana, demonstrated but on C–SPAN and for the world to their acoustic device, the Hyperspike, hear what they went through. But yet Mr. CUMMINGS. Mr. Speaker, I move both as a hailer and as a deterrent. The and still, the fact is that they sac- to suspend the rules and agree to the thumping pulsating sounds were im- rificed so that we can have this kind of resolution (H. Res. 891) expressing the pressive, and I now understand why the legislation. gratitude of the House of Representa- crowds were dispersed so quickly in With that, I would urge our col- tives for the service to our Nation of Pittsburgh. I was also impressed with leagues to vote for this legislation. the Coast Guard and Marine Corps air- the range of the Hyperspike. It is capa- Mr. MITCHELL. Mr. Speaker, as a member craft pilots and crewmembers lost off ble of emitting crystal clear audible of the House Committee on Transportation the coast of California on October 29, messages at distances of over 3 miles and Infrastructure, I rise today on behalf of 2009, and for other purposes, as amend- across the water. H.R. 3360, the Cruise Vessel Security and ed. This act is intended to improve the Safety Act of 2009. The Clerk read the title of the resolu- overall safety of cruise ship passengers. This is important legislation that will signifi- tion. It not only improves capabilities to cantly improve the safety and security of The text of the resolution is as fol- thwart external threats such as pirate cruise passengers. lows: attacks, but also to increase internal A Senate version of this bill has earned H. RES. 891 passenger safety through increased se- committee approval earlier this year, and in Whereas on the evening of October 29, 2009, curity measures. October, the House overwhelmingly approved a Coast Guard C–130 aircraft with two pilots It has been well publicized that pi- this measure by a bipartisan vote of 385–11, and five crewmembers on board was involved rate attacks on cargo vessels are con- as part of the Coast Guard Reauthorization in a search and rescue mission off the coast tinuing. As these vessels improve their Act of 2010. of California; Whereas at the same time, a Marine Corps security against such attacks, it is The bill will bring many of the same, com- monsense security measures to cruise ships AH–1W Super Cobra carrying two pilots was very likely that the pirates will look involved in a military escort mission nearby; for other vulnerable targets, such as that a lot of us take for granted in major ho- Whereas the two aircraft are suspected to cruise ships. This legislation will pro- tels—things like latches and peep holes for have collided while traveling east of San vide these vessels with the capability guest rooms and video surveillance to docu- Clemente Island, California; to establish vessel intent earlier and ment criminal activity. Whereas the following crew members of the escalate security measures to protect In addition, the bill will ensure that cruise Coast Guard C–130 are missing and presumed the ship, crew and passengers. ships are equipped to provide emergency as- to have lost their lives in the line of duty: Mr. CUMMINGS. May I inquire as to sistance to victims of sexual assaults. Lt. Cmdr. Che J. Barnes of Capay, California; Finally, and perhaps most significantly, the Lt. Adam W. Bryant, of Crewe, Virginia; how much time we have remaining? Chief Petty Officer John F. Seidman of The SPEAKER pro tempore. The gen- bill will require that serious criminal incidents Stockton, California; Petty Officer 2nd Class 1 tleman from Maryland has 4 ⁄2 minutes. on board are reported to the proper authori- Carl P. Grigonis of Mayfield Heights, Ohio; Mr. CUMMINGS. We have no addi- ties. Petty Officer 2nd Class Monica L. Beacham tional speakers. I yield to the gen- I want to thank Representative DORIS MAT- of Decaturville, Tennessee; Petty Officer 2nd tleman. SUI for her leadership on this legislation. Class Jason S. Moletzsky of Norristown,

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.029 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13027 Pennsylvania; and Petty Officer 3rd Class young daughter to mourn; Petty Offi- ture jurisdictional claims over similar meas- Danny R. Kreder II, of Elm Mott, Texas; cer 2nd Class Jason S. Moletzsky, an ures. Whereas the following crew members of the air crewmember survived by his fiance, I would appreciate the inclusion of this let- ter and a copy of your response in the Con- Marine Corps helicopter are missing and pre- parents and two sisters; and Petty Offi- sumed to have lost their lives in the line of gressional Record during consideration of duty: Maj. Samuel Leigh of Kennebec, cer 3rd Class Danny R. Kreder, II, drop the measure on the House floor. Maine, and 1st Lt. Thomas Claiborne of master, survived by his wife, parents Very truly yours, Douglas County, Colorado; and two brothers. IKE SKELTON, Whereas the men and women of the Coast b 1345 Chairman. Guard are ‘‘Always Ready’’ to safeguard the United States against all hazards and On board the Marine Corps AH–1 HOUSE OF REPRESENTATIVES, COM- threats at our ports, at sea, and around the Super Cobra were two pilots: Major MITTEE ON TRANSPORTATION AND world; and Samuel Leigh, who had served two INFRASTRUCTURE, Whereas the men and women of the Marine tours in Iraq and whose service in the Washington, DC, November 13, 2009. Corps are ‘‘Always Faithful’’ to their mis- Marine Corps maintained his family’s Hon. IKE SKELTON, Chairman, Committee on Armed Services, House sion of defending the United States on the long tradition of military service; and ground, in the air, and by sea, in every cor- of Representatives, Rayburn House Office ner of the globe: Now, therefore, be it First Lieutenant Thomas Claiborne, a Building, Washington, DC. Resolved, That the House of Representa- magna cum laude graduate of the Uni- DEAR CHAIRMAN SKELTON: I write to you re- tives expresses its gratitude for the service versity of Colorado. garding H. Res. 891, expressing the gratitude to our Nation of the Coast Guard and Marine These individuals dedicated their of the House of Representatives for the serv- Corps aircraft pilots and crewmembers lost lives to serving the United States of ice to our Nation of the Coast Guard and Ma- off the coast of California on October 29, 2009, America. They protected our Nation rine Corps aircraft pilots and crewmembers and extends its condolences to their family, from the many threats we face, and lost off the coast of California on October 29, 2009, and for other purposes. friends, and loved ones. they selflessly placed their lives in The SPEAKER pro tempore. Pursu- I agree that provisions in H. Res. 891 are of harm’s way to aid those in distress. jurisdictional interest to the Committee on ant to the rule, the gentleman from Their terrible loss is a reminder of the Armed Services. I acknowledge that by for- Maryland (Mr. CUMMINGS) and the gen- risks that the members of our Armed going further consideration, your Committee tleman from New Jersey (Mr. Forces face while conducting their is not relinquishing its jurisdiction. LOBIONDO) each will control 20 min- many missions. This exchange of letters will be inserted in utes. Our thoughts and our prayers are the Congressional Record as part of the con- The Chair recognizes the gentleman with the families of each of these serv- sideration of this legislation in the House. from Maryland. I look forward to working with you as we icemembers and with all the colleagues prepare to pass this important legislation. GENERAL LEAVE they have left behind in the United Sincerely, Mr. CUMMINGS. Mr. Speaker, I ask States Coast Guard and the Marine JAMES L. OBERSTAR, M.C., unanimous consent that all Members Corps. Our thoughts and prayers are Chairman. may have 5 legislative days in which to also with all of the members of our Mr. Speaker, I reserve the balance of revise and extend their remarks and to Armed Forces who are serving our Na- my time. include extraneous material on H. Res. tion now on the front lines in Iraq and Mr. LOBIONDO. Mr. Speaker, I yield 891. Afghanistan and with the families of myself such time as I may consume. The SPEAKER pro tempore. Is there the thousands who have given their I rise in strong support of this resolu- objection to the request of the gen- lives in defense of our great Nation’s tion, H. Res. 891, and thank the sponsor tleman from Maryland? freedom on those two battlefields in for the introduction. Our Nation suf- There was no objection. each of our Nation’s conflicts. fered a tragic loss last month when Mr. CUMMINGS. Mr. Speaker, I yield I commend Congresswoman SA´ NCHEZ, seven coastguardsmen and two marines myself such time as I may consume. the Chair of the Committee on Home- were killed when their military air- Mr. Speaker, today I rise in strong land Security’s Subcommittee on Bor- craft collided off the coast of Cali- support of H. Res. 891, as amended, a der, Maritime, and Global Counterter- fornia. These men and women died resolution expressing the gratitude of rorism, for her work on H. Res. 891. I while performing critically important the House of Representatives for the urge its adoption by the House today, missions for our Nation. service of the air crewmembers of and I express my gratitude for the serv- Mr. Speaker, this is a very tragic re- Coast Guard aircraft 1705 and a Marine ice of the members of the Coast Guard minder to the entire Nation of the sac- Corps AH–1 Super Cobra helicopter who and Marine Corps recognized by this rifices that our men and women are were lost when these aircraft collided resolution. making for all the rest of us. They put near San Clemente Island, California, COMMITTEE ON ARMED SERVICES, their lives on the line each and every on October 29 of this year. HOUSE OF REPRESENTATIVES, day. Some people think that only hap- On board the Coast Guard C–130 were Washington, DC, November 13, 2009. pens in the theater of war, but in re- seven Coast Guard members who were Hon. JAMES L. OBERSTAR, ality it happens every day with every conducting a search-and-rescue mis- Chairman, House Committee on Transportation man and woman who is serving our Na- sion at the time of the terrible acci- and Infrastructure, Rayburn House Office tion. Building, Washington, DC. dent. These crewmembers were Lieu- DEAR MR. CHAIRMAN: On November 5, 2009, We join their families and their tenant Commander Che J. Barnes, a 17- the House Resolution 891, ‘‘Expressing the friends and their loved ones in mourn- year Coast Guard veteran who com- gratitude of the House of Representatives for ing their passing and we pay tribute to manded Coast Guard 1705 and is sur- the service to our Nation of the Coast Guard the ultimate sacrifice they have made vived by his father and three brothers, and Marine Corps aircraft pilots and crew- in service to our country, another re- including a twin brother; Lieutenant members lost off the coast of California on minder that as they put on the uni- Adam W. Bryant, the copilot of CG–1705 October 29, 2009, and for other purposes,’’ was form, this is an all-volunteer Army, and a 2003 graduate of the Coast Guard introduced in the House. As you know, this Navy, Air Force, and Coast Guard and measure was referred to the Committee on Academy who is survived by his par- Transportation and Infrastructure, and in Marines that serve our Nation so ade- ents and brother; Chief Petty Officer addition to the Committee on Armed Serv- quately and so well, putting the Nation John F. Seidman, the flight engineer ices, for a period to be subsequently deter- first, putting the Nation before them- who had served more than 20 years in mined by the Speaker. selves. I can’t imagine the loss the the Coast Guard and is survived by his Our Committee recognizes the importance families must be feeling with what wife, parents and brother; Petty Officer of H. Res. 891 and the need for the legislation should have been just a routine mis- 2nd Class Carl P. Grigonis, the CG–1705 to move expeditiously. Therefore, while we sion. navigator who was the father of a have a valid claim to jurisdiction over this The investigation into the cause of legislation, the Committee on Armed Serv- young son and whose wife is expecting ices will waive further consideration of H. the accident has just begun, but I hope a daughter; Petty Officer 2nd Class Res. 891. I do so with the understanding that we will have the results soon and that Monica L. Beacham, the flight’s radio by waiving further consideration of the reso- we can take appropriate actions to en- operator, who leaves a husband and a lution, the Committee does not waive any fu- sure that our armed services have the

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.019 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13028 CONGRESSIONAL RECORD — HOUSE November 17, 2009 tools they need to prevent a similar I urge my colleagues to join me in learn lessons to avoid such incidents in tragedy from ever occurring again. honoring these brave individuals by the future. This incident occurred in I will now reserve the balance of my supporting this resolution. military-controlled airspace, airspace time. Mr. LOBIONDO. Mr. Speaker, I am controlled by the U.S. Navy from an Mr. CUMMINGS. Mr. Speaker, I yield pleased to yield such time as he may onshore facility at San Diego. 3 minutes to the distinguished sponsor consume to my colleague, the gen- The Coast Guard’s C–130 had a data of this legislation, the gentlewoman tleman from California (Mr. HERGER). recorder on board. Search is underway from California (Ms. LORETTA Mr. HERGER. I thank the gentleman to hopefully locate that data recorder SANCHEZ). from New Jersey. and gain useful information about the Ms. LORETTA SANCHEZ of Cali- Mr. Speaker, I rise today to express circumstances under which the colli- fornia. I thank both chairmen. Thank my support for House Resolution 891, sion occurred. It was at twilight, it was you so much for allowing me to put which honors the two marines and at dusk. Very hard to distinguish and forward this resolution and to pass it seven members of the Coast Guard who effectively operate under the rules of today on the House floor. lost their lives during a rescue mission see and avoid. But there must be more Mr. Chairman, as a member of both off the coast of California on October at stake here. That C–130 was loaded the Homeland Security Committee and 29. We’re grateful for their service and with electronic equipment for detec- the Armed Forces Committee here in sacrifice and express our heartfelt con- tion of vessels or persons in the water, the House of Representatives, I intro- dolences to all of their loved ones. and one has to assume it had equip- duced this resolution on the 1-week an- One of the fallen members of the ment to detect proximity of another niversary of the tragic events that oc- Coast Guard was Che Barnes. Che grew aircraft. curred off our coast of California. Let up on a family farm in Capay Valley, We have to unravel those facts and me remind you where this occurred was northern California, located in my dis- understand what occurred in order to maybe, at the most, an hour’s drive trict that I represent. From an early avoid such circumstances in the future from where I live. age, Che was fascinated with planes. He and engage the necessary training for On Thursday, October 29, the Federal worked hard to earn money to pay for personnel or install on board both heli- Aviation Administration reported that flight lessons. He flew his first solo copters and C–130-type aircraft traffic a Coast Guard C–130 plane and a Marine flight at the young age of 16. He joined collision avoidance systems, which the Corps AH–1W Cobra helicopter crashed the Coast Guard so that he could use Navy initiated 40 years ago and which off the coast while they were both con- his love of flying to rescue those is now aboard all commercial airliners. ducting separate missions. We honor stranded at sea. Unfortunately, the National Trans- the nine men and women who lost their It is tragic but fitting that he lost portation Safety Board, at least at the lives in that crash and we send our con- his life doing something he loved—fly- outset, will not be engaged in the in- dolences to their families and their ing in the Coast Guard and serving his vestigation. I’m of the view that the friends and their loved ones. Nation and fellow man. By all ac- NTSB should be a partner in any such As the motto states, ‘‘Always counts, he was an excellent pilot and investigations of military aircraft in Ready,’’ the Coast Guard defends the an even better person. U.S. territorial airspace. That is a mat- shores of this great country daily, and May God bless and comfort his fam- ter for another time, but as we pay we sometimes forget our unsung he- ily and friends. tribute to and acknowledge those who roes. Tasked with multiple missions Mr. CUMMINGS. I yield 5 minutes to gave their lives in service of this coun- every day, the Coast Guard relies on its the chairman of the committee, the try in pursuance of their mission, I skills and the expertise of the per- gentleman from Minnesota (Mr. OBER- think it’s important to recall that sonnel to stop drug runners, to perform STAR). there is more we can and must do to search and rescue operations, and to Mr. OBERSTAR. I thank the gen- improve safety in the domestic air- secure our ports and our waterways. tleman from Maryland again, the Chair space, including safety under the con- It saddens me that we lost seven of of the Coast Guard Subcommittee, for trol of our military units. these brave men and women last week his diligent work on this very tragic while on duty as they were conducting resolution. It is very important to pay b 1400 a search and rescue effort. In addition, recognition to those who lost their There will be further attention paid the two Marine Corps pilots that lost lives. I was very deeply touched by the to this issue. We will pursue the safety their lives fully lived their Corps remarks of the gentlewoman from Cali- issues engaged in this tragedy. But for motto of ‘‘Always Faithful.’’ Their sac- fornia, the gentleman from New Jersey the moment, we must mourn the loss rifice while on a military training ex- (Mr. LOBIONDO) and Chairman of those crew members whom Mr. ercise off the coast of California echoes CUMMINGS. CUMMINGS already noted in his re- the sacrifice and the risk that all our These are courageous servicemen and marks. men and women in uniform face in the -women, those in the U.S. Coast Guard, Mr. LOBIONDO. Mr. Speaker, I am armed services. those in the U.S. Marine Corps, our pleased to yield such time as he may Both the Coast Guard and the Marine oldest service unit, which predates the consume to the gentleman from North Corps serve globally and, let us not for- establishment of our own Nation. The Carolina (Mr. COBLE). get, locally to protect our communities Coast Guard itself was the third act of Mr. COBLE. I thank my friend from and to provide humanitarian aid when the first session of the first Congress New Jersey for yielding, and I com- it’s necessary. We must not forget by this committee, the Committee on mend the gentlelady from California those sacrifices, their missions, and Rivers and Harbors, that established for having introduced this very signifi- that at any time anything can go the Revenue Cutter Service to collect cant resolution. wrong. And we must always remember duties on inbound cargoes and repay Mr. Speaker, I would like to take a those that we have lost during their the debts of the Revolutionary War. moment or two to express our condo- time of service. The Revenue Cutter Service later be- lences to the families, friends and I know the Coast Guard had a memo- came the U.S. Coast Guard. That Coast members of our Armed Forces associ- rial service Friday in Sacramento Guard every year responds to over ated with the crew of the Coast Guard which, unfortunately, I was unable to 60,000 calls for help, every year saves C–130 and the Marine Corps AH–1W go to, but I felt that it was important over 5,000 lives. It is tragic that in the Super Cobra who collided on October to introduce this resolution at this course of their search and rescue serv- 29, 2009, off the California coast. time to honor those that died. These ice that Coast Guard men and women Mr. Speaker, it’s difficult to lose brave individuals fulfilled their com- should have lost their lives. servicemembers under any cir- mitment to serve and to defend the Now there is an investigation under- cumstances, and this accident is no ex- United States at any cost. Of course, way by the Navy and the Coast Guard ception. The seven members of the they sacrificed and gave the biggest jointly inquiring into the causes of this Coast Guard C–130 crew were in the cost, so our eternal gratitude and re- tragedy, hopefully for the purpose of midst of a search-and-rescue mission spect go to them. unraveling that collision, but also to while the Marine Corps Super Cobra

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.034 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13029 was involved in a military escort mis- The Marine pilots were conducting training bers may have 5 legislative days in sion. These servicemembers were an- about 15 miles off San Clemente Island when which to revise and extend their re- swering the call of duty to protect and they collided with the U.S. Coast Guard plane, marks and include extraneous material serve others and paid the ultimate sac- which was based out of the Coast Guard Air on H.R. 3305. rifice. As a former Coast Guardsman Station in Sacramento, CA. The SPEAKER pro tempore. Is there and a Member of Congress, I believe it These brave Marines and Coast Guardsmen objection to the request of the gen- is appropriate to recognize their serv- dedicated their lives to protecting our freedom tleman from Maryland? ice and honor their lives. This resolu- and safety. Such tragedies are a reminder of There was no objection. tion is a significant gesture of expres- the dangers all men and women of our armed Mr. CUMMINGS. Madam Speaker, I sion to show our gratitude for their forces face, whether they are stationed in Af- yield myself such time as I may con- service and sacrifice. ghanistan, California, or anywhere else in the sume. Mr. CUMMINGS. Madam Speaker, we world. H. Res. 891 offers Members of the House of I rise in support of H.R. 3305, a bipar- have no other speakers, so I will con- tisan bill supported by the entire Okla- tinue to reserve the balance of my Representatives an appropriate opportunity to express our thoughts and prayers to families homa delegation that would designate time. the United States courthouse at 224 Mr. LOBIONDO. Once again, Madam and friends of these service members. Our hearts are with them during this difficult pe- South Boulder Avenue in Tulsa, Okla- Speaker, we join with the Nation in homa, as the H. Dale Cook Federal our thoughts and prayers for the fami- riod. Mr. CUMMINGS. Madam Speaker, I Building United States Courthouse. lies and for those who have lost their yield back the balance of my time. H. Dale Cook was a veteran of World lives in honoring all those who serve. I The SPEAKER pro tempore (Ms. War II who served as a flight instruc- urge all of my colleagues to support CHU). The question is on the motion of- tor. After the war, he studied law at the resolution. fered by the gentleman from Maryland the University of Oklahoma and then I yield back the balance of my time. (Mr. CUMMINGS) that the House suspend embarked on a long legal career in Mr. CUMMINGS. Madam Speaker, I the rules and agree to the resolution, electoral politics. After being twice yield myself as much time as I may H. Res. 891, as amended. elected the chief prosecuting attorney consume. The question was taken. in his county, he went on to serve as Once again, I urge all of our Members The SPEAKER pro tempore. In the assistant U.S. attorney. He subse- to vote in favor of this very, very im- opinion of the Chair, two-thirds being quently alternated between govern- portant resolution. And I will say to in the affirmative, the ayes have it. ment service and private practice for the families of these service persons Mr. CUMMINGS. Madam Speaker, on several years before being nominated that they are in our prayers. We thank that I demand the yeas and nays. to the Federal judiciary by President all of our personnel for what they do The yeas and nays were ordered. Gerald Ford in 1974. Judge Cook served every day, so often putting their lives The SPEAKER pro tempore. Pursu- as a district court judge for some 34 on the line so that we might enjoy the ant to clause 8 of rule XX and the years until his death on September 23, freedoms that we do enjoy. Chair’s prior announcement, further 2008. Mr. RICHARDSON. Madam Speaker, I rise proceedings on this motion will be Judge Cook was an honorable and today in strong support of H. Res. 891 which postponed. well-respected civil servant and had a recognizes and honors the Coast Guard and f long and distinguished record of public Marine Corps aircraft pilots and crewmembers H. DALE COOK FEDERAL BUILDING service. The designation of the United who lost their lives off the coast of Southern AND UNITED STATES COURT- States courthouse at 224 South Boulder California on October 29, 2009. Let me take a moment to commend Con- HOUSE Avenue in Tulsa, Oklahoma, in his honor is a fitting memorial to his serv- gresswoman LORETTA SANCHEZ, who hails Mr. CUMMINGS. Madam Speaker, I from my home state of California, for her lead- move to suspend the rules and pass the ice, and I urge the House to adopt H.R. ership in bringing this resolution to the floor bill (H.R. 3305) to designate the Federal 3305. and giving us the opportunity both to mourn building and United States courthouse With that, Madam Speaker, I reserve our loss of these individuals and to thank the located at 224 South Boulder Avenue in the balance of my time. Coast Guard and the Marine Corps for their Tulsa, Oklahoma, as the ‘‘H. Dale Cook Mr. MARIO DIAZ-BALART of Flor- brave service to this country. Federal Building and United States ida. Madam Speaker, at this time I I was truly devastated when I heard the Courthouse’’. would like to recognize the impas- news on October 29, 2009, of a collision be- The Clerk read the title of the bill. sioned advocate and the sponsor of this tween a Coast Guard transport plane and a The text of the bill is as follows: legislation for 5 minutes, the gen- Marine Corps helicopter off the coast of H.R. 3305 tleman from Oklahoma (Mr. SULLIVAN), Southern California, not far from my district. At Be it enacted by the Senate and House of Rep- who has been pushing for this resolu- the same time, I was deeply grateful for those resentatives of the United States of America in tion. Congress assembled, members of the Coast Guard and the Navy Mr. SULLIVAN. Madam Speaker, it SECTION 1. DESIGNATION. is with great pleasure that I rise today who immediately went out and conducted an The Federal building and United States intense search and rescue mission to locate courthouse located at 224 South Boulder Av- to honor Judge H. Dale Cook. Judge any possible survivors of the crash. enue in Tulsa, Oklahoma, shall be known Cook was a World War II veteran who We are indebted to the men and women and designated as the ‘‘H. Dale Cook Federal spent nearly 50 years in public service who dedicate their lives to the Coast Guard Building and United States Courthouse’’. and more than 33 years as a United and the Marine Corps. Even in the face of a SEC. 2. REFERENCES. States district judge in Oklahoma. tragedy such as this one, one that affects Any reference in a law, map, regulation, Judge Cook began his career in public document, paper, or other record of the service in 1951 when he was elected members of their own community, these brave United States to the Federal building and men and women are ready and willing to United States courthouse referred to in sec- county attorney for Logan County and serve their country in whatever way nec- tion 1 shall be deemed to be a reference to Guthrie. He would hold several other essary. I support this resolution and urge my the ‘‘H. Dale Cook Federal Building and positions in public service in Okla- colleagues to do the same. United States Courthouse’’. homa, including first assistant U.S. at- Mr. ISSA. Madam Speaker, today the The SPEAKER pro tempore. Pursu- torney, chief trial attorney and legal House of Representatives recognizes the ant to the rule, the gentleman from counsel and adviser to Governor Henry service and sacrifice of the members of the Maryland (Mr. CUMMINGS) and the gen- Bellmon. United States Coast Guard and the United tleman from Florida (Mr. MARIO DIAZ- In the early 1970s, Judge Cook States Marine Corps who were tragically killed BALART) each will control 20 minutes. worked in Washington, D.C., for the during exercises off the coast of California The Chair recognizes the gentleman Social Security Administration until three weeks ago. from Maryland. beginning his career as a Federal judge On October 29, 2009, a Coast Guard C–130 GENERAL LEAVE in 1974 when he was sworn in as U.S. plane and a Marine AH–1 Cobra helicopter Mr. CUMMINGS. Madam Speaker, I district judge in the Northern, Eastern collided off the coast of Southern California. ask unanimous consent that all Mem- and Western Districts of Oklahoma.

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.036 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13030 CONGRESSIONAL RECORD — HOUSE November 17, 2009 Five years later in 1979, Judge Cook be- assistant U.S. attorney, counsel to the Gov- (B) by inserting ‘‘a minimum of’’ before ‘‘3 came chief judge of the Northern Dis- ernor of Oklahoma, and finally as a member of national executive committee members,’’; trict of Oklahoma and served in that the Federal judiciary. (C) by striking ‘‘a surgeon, a chaplain, a capacity for 13 years. Judge Cook was nominated to the Federal historian, a public relations officer,’’; and (D) by striking ‘‘as decided at the national In 1992, Judge Cook took senior sta- judiciary by President Gerald Ford in 1974. He convention’’ and inserting ‘‘specified in the tus to enable the appointment of an ad- initially served as a visiting Federal judge with constitution of the corporation’’; and ditional judge to the Northern District. a seat on the bench of each of Oklahoma’s (2) in paragraph (2)— As a senior judge, he continued to be Federal judicial districts. Judge Cook later be- (A) by inserting ‘‘and take office’’ after ‘‘be active and carried a full court docket came Chief Judge of the Northern District in elected’’; and for the next 12 years until a few 1979 and served in that position until 1992. In (B) by striking ‘‘and the national public re- months before his death on September addition, Judge Cook sat several times by lations officer,’’ and inserting ‘‘the judge ad- 22, 2008. designation with the U.S. Court of Appeals for vocate, and any other national officers speci- Judge Cook was adamantly com- fied in the constitution of the corporation,’’. the Tenth Circuit. (c) VACANCIES.—Section 190104(d)(1) of such mitted to his belief that politics should Judge Cook succumbed to cancer just over title is amended by striking ‘‘president and play no role in the dispensing of justice a year ago, on September 23, 2008. He con- last past president,’’ and inserting ‘‘presi- and demonstrated that belief in his ju- tinued to hear cases on the Federal bench dent, president elect, and last past presi- dicial rulings and the administration of until only a few months before he passed dent,’’. his responsibilities as chief judge. He away. Judge Cook was held in high esteem by (d) RECORDS AND INSPECTION.—Section 190109(a)(2) of such title is amended by strik- was a man of fairness and integrity his peers and served with distinction as a Fed- ing ‘‘national council;’’ and inserting ‘‘other who opened each court session with eral judge. It is both proper and fitting to honor national entities of the corporation;’’. ‘‘God bless the United States and save his civic contributions with this designation. The SPEAKER pro tempore (Mr. this honorable court.’’ I urge my colleagues to join me in sup- CUMMINGS). Pursuant to the rule, the Judge Cook’s greatest legacy may be porting H.R. 3305. gentlewoman from California (Ms. CHU) the restoration and the reopening of Mr. MARIO DIAZ-BALART of Flor- and the gentleman from North Caro- ida. Madam Speaker, at this time, I the original Federal courthouse in lina (Mr. COBLE) each will control 20 Tulsa, Oklahoma. When the Federal yield back the balance of my time. minutes. courts were moved to another building Mr. CUMMINGS. Madam Speaker, I The Chair recognizes the gentle- about 45 years ago, the old Federal urge the Members to vote in favor of woman from California. building sat largely unused. Judge this resolution, and I yield back the GENERAL LEAVE Cook saw this building as a solution balance of my time. Ms. CHU. I ask unanimous consent when there became a need for addi- The SPEAKER pro tempore. The that all Members have 5 legislative tional court space. He spearheaded the question is on the motion offered by days to revise and extend their re- effort to restore it to its original splen- the gentleman from Maryland (Mr. marks and include extraneous material dor. Judge Cook used his powers of per- CUMMINGS) that the House suspend the on the bill under consideration. suasion and his influence as chief judge rules and pass the bill, H.R. 3305. The SPEAKER pro tempore. Is there of the Northern District to insist on The question was taken; and (two- objection to the request of the gentle- conforming the courthouse to its origi- thirds being in the affirmative) the woman from California? nal design and decorum. Without his rules were suspended and the bill was There was no objection. involvement, the building would have passed. Ms. CHU. I yield myself such time as never been used for its current purpose, A motion to reconsider was laid on I may consume. and the beauty of a lost era would not the table. Mr. Speaker, S. 1599 amends the near- be visible as it is today in Tulsa, Okla- f ly 60-year-old Federal charter of the homa. Reserve Officers Association to reflect RESERVE OFFICERS ASSOCIATION simple changes that have already been By his direct efforts, the building is MODERNIZATION ACT OF 2009 now included in the National Register made to the organization’s structure. of Historic Places and is currently used Ms. CHU. Mr. Speaker, I move to sus- The Reserve Officers Association was for the courtrooms, judicial chambers, pend the rules and pass the bill (S. 1599) founded in 1922 and received a Federal the bankruptcy court and affiliated to amend title 36, United States Code, charter by Congress in 1950. As Congress observed at the time, the Federal offices of the Northern District to include in the Federal charter of the purpose of the corporation is to sup- of Oklahoma. Due to the vision and Reserve Officers Association leadership port and promote the development and hard work of Judge Cook, the building positions newly added in its constitu- execution of a military policy for the is now being used for its original pur- tion and bylaws. The Clerk read the title of the bill. United States that will provide ade- pose, as a Federal judicial courthouse. quate national security. The ROA rep- Preserving the beauty of a lost era as The text of the bill is as follows: resents the Reserve Components offi- a Federal judge, he conducted his du- S. 1599 Be it enacted by the Senate and House of Rep- cers for the Army, Air Force, Navy, ties in a nonpartisan manner. It is my Marine Corps, Coast Guard, the Air and hope that the naming of this Federal resentatives of the United States of America in Congress assembled, Army National Guard, Public Health building will be an equally bipartisan Service and the officers of the National effort to honor this exceptional man SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Reserve Offi- Oceanic and Atmospheric Administra- for his exemplary career in public serv- cers Association Modernization Act of 2009’’. tion. ice and bringing the Federal court- SEC. 2. INCLUSION OF NEW LEADERSHIP POSI- This bill makes a number of tech- house back to its original grandeur. TIONS IN THE FEDERAL CHARTER nical changes to the ROA’s Federal I urge the adoption of H.R. 3305. OF THE RESERVE OFFICERS ASSO- charter. For instance, the charter will CIATION. Mr. OBERSTAR. Madam Speaker, I rise in now include the newly created position support of H.R. 3305, a bill introduced by the (a) NATIONAL EXECUTIVE COMMITTEE.—Sec- tion 190104(b)(2) of title 36, United States of president-elect and there would be gentleman from Oklahoma (Mr. SULLIVAN), Code, is amended— more positions on the ROA’s National which designates the United States court- (1) by inserting ‘‘the president elect,’’ after Executive Committee. S. 1599 was in- house at 224 South Boulder Avenue in Tulsa, ‘‘the president,’’; troduced by Senators LEAHY, Oklahoma, as the ‘‘H. Dale Cook Federal (2) by inserting ‘‘a minimum of’’ before ‘‘3 CHAMBLISS and PRYOR and passed the Building and United States Courthouse.’’ national executive committee members,’’; Senate in September. Identical legisla- Judge Cook was a well respected jurist who and tion was introduced in the House by served as a Federal judge for well over 30 (3) by striking ‘‘except the executive direc- Representative HOWARD COBLE, my col- years. Judge Cook served as a lieutenant in tor,’’ and inserting ‘‘except the president league on the Judiciary Committee, elect and the executive director,’’. the U.S. Army Air Corps during World War II ARNEY ARY (b) OFFICERS.—Section 190104(c) of such and Representatives C and G and later as member of the U.S. Air Force Re- title is amended— G. MILLER. serve. During his long legal career, Judge (1) in paragraph (1)— I commend the House sponsors as Cook served as an attorney in private practice, (A) by inserting ‘‘a president elect,’’ after well as Chairman CONYERS and Rank- chief prosecuting attorney in his county, as an ‘‘a president,’’; ing Member SMITH for their leadership

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.038 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13031 in moving this bill swiftly to the floor. sent, and I’ve introduced a companion HONORING 40TH ANNIVERSARY OF It is important to point out that this House version in this body. SEARCH bill does not run afoul of the Immigra- I urge my colleagues to support this Ms. CHU. Mr. Speaker, I move to sus- tion Subcommittee’s policy to not cre- meritorious legislation, which will pend the rules and agree to the resolu- ate any new Federal charters. Rather allow the Reserve Officers Association tion (H. Res. 851) recognizing and hon- than create a new Federal charter, it to continue to play a vital role here in oring the 40th anniversary of SEARCH, merely amends a nearly 60-year-old ex- Washington. The National Consortium for Justice Mr. Speaker, I reserve the balance of isting charter. Information and Statistics, my time. This policy against new charters was headquartered in Sacramento, Cali- Ms. CHU. Mr. Speaker, I reserve the first adopted by the subcommittee of fornia. balance of my time. jurisdiction 20 years ago in the 101st The Clerk read the title of the resolu- Mr. COBLE. I have one speaker re- Congress and has strong bipartisan tion. maining, Mr. Speaker. I yield to the support. It is based on the considered The text of the resolution is as fol- distinguished gentleman from Cali- judgment that a congressional charter lows: fornia (Mr. GARY G. MILLER) such time is unnecessary to the operation of any H. RES. 851 charitable organization and may false- as he may consume. Mr. GARY G. MILLER of California. Whereas the Department of Justice’s Law ly imply to the public that an organi- Mr. Speaker, I want to thank Chair- Enforcement Assistance Administration cre- zation and its activities carry a con- ated SEARCH in 1969 as a 10-State project to man CONYERS and Ranking Member gressional seal of approval. demonstrate whether it was feasible to ex- Moreover, this policy reflects the SMITH for allowing S. 1599 to come to change criminal history records on an auto- subcommittee’s judgment that the in- the floor today. I want to also thank mated and nationwide basis; vestigation and monitoring of a char- my colleague, HOWARD COBLE, who just Whereas SEARCH not only demonstrated the feasibility of an automated nationwide tered organization takes congressional previously spoke before me, a retired U.S. Coast Guard captain, and CHRIS system of sharing criminal records, but also, time and resources that are better through partnership with the Department of spent on important policy and over- CARNEY, an active reservist Navy com- mander, for introducing the House Justice, the Federal Bureau of Investigation, sight efforts. That we are taking up State agencies and other organizations, this body’s valuable time today to rat- companion bill. I also wish to thank helped to establish the national criminal his- ify simple changes to the ROA’s leader- the committee staff for working so tory record information system; ship structure is evidence in itself that diligently behind the scenes to bring Whereas SEARCH is a nonprofit organiza- Congress should not be increasing the the bill to the floor today. tion created by and for the States, governed Founded in 1922, then chartered by by a Membership Group comprised of one gu- number of chartered organizations. Congress in 1950, the Reserve Officers bernatorial appointee from each of the b 1415 Association’s mission is to ‘‘support States and territories; Whereas SEARCH’s guiding vision is to en- That having been said, because S. and promote development and execu- tion of a military policy for the United sure ‘‘Accurate and timely information, sup- 1599 makes only technical amendments ported by well-deployed information and to an existing charter and does nothing States that will provide adequate na- identification technology, enables the jus- to create a new charter, I support this tional security.’’ ROA is a first-class, tice and public safety decision-maker to ad- legislation. member-oriented association which minister justice in a manner that promotes I reserve the balance of my time. provides the men and women who serve individual rights and public safety’’; Mr. COBLE. Mr. Speaker, I yield my- our Nation in the cause of freedom a Whereas SEARCH provides training and self such time as I may consume. voice in creating government policy. technical assistance to help the criminal jus- The gentlelady from California (Ms. ROA has a long list of policy accom- tice community combat high-technology crimes, gather valuable information in in- CHU) pretty well touched very thor- plishments and an ambitious long- range program for the coming decade vestigations, and link the Nation’s law en- oughly on this subject matter, and I’ll forcement agencies through policy and tech- add somewhat to that. I rise in strong and beyond. Today ROA is still proudly nical solutions; support of S. 1599. The Reserve Officers serving our Nation’s soldiers, sailors, Whereas SEARCH helps agencies effec- Association is well known and re- airmen, and Marines in so many ways. tively implement information sharing tech- spected in Washington, D.C. It was This legislation, once enacted into law, nology to make accurate, more informed, founded in 1922 by General ‘‘Black will allow ROA to make the necessary immediate, and appropriately secured deci- Jack’’ Pershing with a mission to ‘‘sup- technical changes within its organiza- sions about criminal justice and security issues, and to administer justice in an effi- port and promote the development and tion to stay effective as an association. In 2010, ROA will be celebrating its cient and effective manner; execution of a military policy for the Whereas SEARCH has pioneered the devel- United States that will provide ade- 60th year as a congressionally char- opment of both technology and policy solu- quate national defense.’’ tered organization. I wish them contin- tions for justice implementation of biomet- The Reserve Officers Association has ued success and thank them for their ric technologies, thereby enabling electronic as its goal to ensure adequate re- service to our country. fingerprints to become a rapid, reliable, and sources for the National Guard and the Mr. COBLE. Mr. Speaker, I have no cost-effective identification authentication various reserve components and ensure further requests for time, and I yield process and further supporting information sharing and collaboration among and be- that these entities play a key role in back the balance of my time. Ms. CHU. I urge my colleagues to tween agencies; the national defense. The Association support S. 1599, and I yield back the Whereas SEARCH has made a profound also is dedicated to the support of the balance of my time. contribution, working with the Department interests of our citizen soldiers, their The SPEAKER pro tempore. The of Justice, to develop successive generations families and their survivors. Member- of privacy and security policies that are now question is on the motion offered by reflected in both Department of Justice reg- ship is open to all federally commis- the gentlewoman from California (Ms. sioned military officers and warrant of- ulations and Federal legislation; CHU) that the House suspend the rules ficers and their spouses. There are cur- Whereas SEARCH has played a critical role and pass the bill, S. 1599. in the development of systems such as the rently about 65,000 members. The question was taken. Interstate Identification Index (III), the Na- The Reserve Officers Association re- The SPEAKER pro tempore. In the tional Instant Criminal Background Check ceived a Federal charter in 1950. The opinion of the Chair, two-thirds being System (NICS), commonly called the Brady Association would like to modify its in the affirmative, the ayes have it. check system, the National Fingerprint File charter to reflect technical changes Mr. COBLE. Mr. Speaker, on that I (NFF), the Integrated Automated Finger- made to its Constitution and bylaws, demand the yeas and nays. print Identification System (IAFIS), and key such as the addition of the position of The yeas and nays were ordered. standards for information sharing and inter- ‘‘president elect’’ and the allowance for The SPEAKER pro tempore. Pursu- operability, such as the National Informa- tion Exchange Model (NIEM); more than three executive committee ant to clause 8 of rule XX and the Whereas SEARCH’s work with the Depart- members. That is what this legislation Chair’s prior announcement, further ments of Justice and Homeland Security accomplishes. The Senate passed the proceedings on this motion will be helps the Nation’s justice and public safety bill in September by unanimous con- postponed. communities plan, develop, implement, test,

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.040 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13032 CONGRESSIONAL RECORD — HOUSE November 17, 2009 and manage interoperable communications tenance, sale, and dissemination of Law enforcement officials having quick solutions; and criminal history record information for access to a suspect’s complete history Whereas SEARCH has had many accom- employment screening and other pur- means less missing pieces of the puzzle. plishments over its 40-year history to help poses. SEARCH concluded the work of And through these technologies, practitioners in criminal justice, public safe- ty, and first response use information to the National Task Force on the Crimi- SEARCH has also helped agencies to do plan for, predict, prevent, and interdict nal Backgrounding of America in 2006. their jobs in a more time- and re- criminal events, terrorism, and disasters: This task force report was relied upon source-efficient manner. This increase Now, therefore, be it by the Department of Justice for its in efficiency and decrease in time wast- Resolved, That the House of Representa- own report on criminal history back- ed has proved critical in helping our tives recognizes and honors SEARCH, The ground checks. law enforcement agencies keep Amer- National Consortium for Justice Information SEARCH has played a critical role in ica safe. and Statistics, on the occasion of its 40th an- the development of systems such as the I support this resolution. niversary for accomplishments to promote information sharing and identification solu- Interstate Identification Index, the Na- I reserve the balance of my time. tions for first responders and law enforce- tional Instant Criminal Background Ms. CHU. Mr. Speaker, I yield 4 min- ment officers, and for the protection of pri- Check System, also known as the utes to the sponsor of this resolution, vacy and citizens’ rights. Brady check system, the National Fin- the gentlelady from California (Ms. The SPEAKER pro tempore. Pursu- gerprint File and the Integrated Auto- MATSUI). ant to the rule, the gentlewoman from mated Fingerprint Identification Sys- Ms. MATSUI. Mr. Speaker, I rise in California (Ms. CHU) and the gentleman tem. Over its 40-year history, support of House Resolution 851, which from North Carolina (Mr. COBLE) each SEARCH’s work has helped criminal would recognize and honor the 40th an- will control 20 minutes. justice, public safety and first-response niversary of SEARCH, the National The Chair recognizes the gentle- professionals use information to com- Consortium For Justice Information woman from California. bat crimes, acts of terrorism and disas- and Statistics, an organization that’s GENERAL LEAVE ters. headquartered in my hometown of Sac- Ms. CHU. Mr. Speaker, I ask unani- For all these reasons, I urge my col- ramento. For the last 40 years, mous consent that all Members have 5 leagues to support this important reso- SEARCH has been dedicated to admin- legislative days to revise and extend lution. istering justice and enhancing public their remarks and include extraneous I reserve the balance of my time. safety, and has been involved in numer- material on the resolution under con- Mr. COBLE. Mr. Speaker, I yield my- ous facets of our criminal justice sys- sideration. self such time as I may consume. tem. The SPEAKER pro tempore. Is there Mr. Speaker, in a post-9/11 world, we In 1969, SEARCH was established as a objection to the request of the gentle- understand the importance of 10-state pilot project by the United woman from California? technology- and information-sharing States Department of Justice to inves- There was no objection. between law enforcement agencies in tigate the feasibility of exchanging Ms. CHU. I yield myself such time as keeping this country safe. That is why criminal history records on an auto- I may consume. I support H. Res. 851, which recognizes mated and nationwide basis. Using the Mr. Speaker, House Resolution 851 and honors the 40th anniversary of information gathered from this dem- recognizes SEARCH, the National Con- SEARCH, the National Consortium for onstration project and utilizing its sortium For Justice Information and Justice Information and Statistics. partnership with the department, the Statistics’ 40th anniversary. SEARCH SEARCH was created by the Depart- FBI, and various state agencies and or- is a nonprofit membership organization ment of Justice’s Law Enforcement As- ganizations, SEARCH helped create the dedicated to improving the criminal sistance Administration in 1969 as a 10– national criminal history record infor- justice system through better informa- State project. Members of the non- mation system. This framework has tion management and effective applica- profit organization are primarily state- enabled State and local governments to tion of information and identification level justice officials appointed by the collect, maintain and disseminate val- technology. SEARCH members are pri- respective State governors. The group’s uable criminal justice information. marily State criminal justice officials original goal was to see whether it was Today, SEARCH continues to provide responsible for the management of possible to exchange and share crimi- law enforcement with the necessary criminal justice information, particu- nal history records on an automated tools to combat high-technology larly criminal history information. and nationwide basis. SEARCH not crimes. Specifically, the organization SEARCH was founded in 1969 when only succeeded in demonstrating the partners with the justice and public the Federal Law Enforcement Assist- possibility of such an information- safety communities to provide quality ance Administration created Project sharing program, but also, through training programs and hands-on assist- SEARCH to explore the feasibility, partnership with the Department of ance, and ensure that law enforcement practicality, and cost effectiveness of Justice, the Federal Bureau of Inves- agencies are well equipped to gather developing a computerized criminal tigation, State agencies and other or- key intelligence to effectively protect, history record system. Since its found- ganizations helped to establish the na- investigate and respond to such crimi- ing, SEARCH has sought to balance the tional criminal history record informa- nal actions. individual’s right to privacy with soci- tion system. For example, SEARCH recently as- ety’s need for criminal history infor- Specifically, SEARCH has played a sisted local authorities in northern mation. In 1970, for example, SEARCH major part in developing programs California to apprehend a band of first published findings and rec- such as biometric technologies like criminals after a reported crime. By ommendations regarding the security, electronic fingerprinting, the Inter- employing cyber technology to track privacy and confidentiality of informa- state Identification Index, National In- cell phone usage and location faster tion contained in computerized crimi- stant Criminal Background Check Sys- than ever before, these innovative tools nal history files. SEARCH has a long tem, National Fingerprint File, the In- help prevent further crimes from oc- history of involvement with criminal tegrated Automated Fingerprint Iden- curring. background checks, and has been in- tification System, and the National In- Time and time again, Mr. Speaker, valuable to the formulation of national formation Exchange Model. SEARCH SEARCH has not only demonstrated its and State policies that guide the scope also provides training and technical as- effectiveness in helping solve crimes and use of criminal records. sistance to law enforcement agencies that have already been committed but In 2005, SEARCH published the report when dealing with high-technology has also helped reduce the number of of the National Task Force on the crimes and information gathering. crimes being perpetrated in our neigh- Commercial Sale of Criminal Justice Through these various technologies, borhoods. Its unwavering commitment Record Information. This report was a SEARCH has helped agencies do their to ensuring our safety and the safety of comprehensive look at the role that jobs in a more thorough manner. Of- our children is truly impressive, and I commercial background screening fenders often have criminal histories commend the organization’s tireless ef- companies play in the collection, main- that cross state jurisdictional lines. forts toward this goal.

VerDate Nov 24 2008 02:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.010 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13033 b 1430 Bishop (NY) Fortenberry Lofgren, Zoe Rogers (AL) Shadegg Titus Bishop (UT) Foster Lowey Rogers (KY) Shea-Porter Tonko SEARCH employs 29 professional Blackburn Foxx Lucas Rogers (MI) Sherman Towns staff in my district and has representa- Blumenauer Frank (MA) Luetkemeyer Rooney Shimkus Tsongas tives in every State across this coun- Blunt Franks (AZ) Luja´ n Ros-Lehtinen Shuler Turner Boccieri Frelinghuysen Lungren, Daniel Roskam Shuster try. Upton Boehner Fudge E. Ross Simpson Van Hollen I ask that my colleagues join me Bonner Gallegly Lynch Rothman (NJ) Sires Vela´ zquez Roybal-Allard Skelton today in celebrating the 40th anniver- Bono Mack Garamendi Mack Visclosky Royce Slaughter Boozman Garrett (NJ) Maffei Walden sary of the National Consortium for Boren Gerlach Maloney Ruppersberger Smith (NE) Walz Justice Information and Statistics and Boswell Giffords Manzullo Rush Smith (NJ) Wamp Boucher Gingrey (GA) Marchant Ryan (OH) Smith (TX) in honoring its incredible contributions Wasserman Boustany Gohmert Markey (CO) Ryan (WI) Smith (WA) to our criminal justice system. Schultz Boyd Gonzalez Markey (MA) Salazar Snyder Mr. COBLE. Mr. Speaker, I have no Brady (PA) Goodlatte Marshall Sa´ nchez, Linda Souder Waters requests for time, and I yield back the Brady (TX) Gordon (TN) Massa T. Space Watson balance of my time. Braley (IA) Granger Matheson Sanchez, Loretta Speier Watt Sarbanes Spratt Waxman Ms. CHU. Mr. Speaker, I urge my col- Bright Graves Matsui Brown, Corrine Grayson McCarthy (CA) Scalise Stark Weiner leagues to support House Resolution Brown-Waite, Green, Al McCarthy (NY) Schakowsky Stearns Welch 851, and I yield back the balance of my Ginny Green, Gene McCaul Schauer Stupak Westmoreland Buchanan Griffith McClintock Schiff Sullivan Wexler time. Schmidt Sutton The SPEAKER pro tempore. The Burgess Grijalva McCollum Whitfield Burton (IN) Guthrie McCotter Schock Taylor Wilson (OH) question is on the motion offered by Butterfield Gutierrez McDermott Schrader Teague Wilson (SC) Schwartz the gentlewoman from California (Ms. Buyer Hall (NY) McGovern Terry Wittman Scott (GA) Thompson (CA) Calvert Hall (TX) McHenry Wolf CHU) that the House suspend the rules Scott (VA) Thompson (MS) Camp Halvorson McIntyre Woolsey and agree to the resolution, H. Res. 851. Sensenbrenner Thompson (PA) Campbell Hare McKeon Wu The question was taken; and (two- Cantor Harman McMahon Serrano Thornberry Sessions Tiberi Yarmuth Cao Harper McMorris thirds being in the affirmative) the Sestak Tierney Young (AK) rules were suspended and the resolu- Capito Hastings (FL) Rodgers Capps Hastings (WA) McNerney NAYS—4 tion was agreed to. Cardoza Heinrich Meek (FL) A motion to reconsider was laid on Carnahan Heller Meeks (NY) Broun (GA) Lummis the table. Carney Hensarling Melancon Flake Paul Carson (IN) Herger Mica NOT VOTING—14 f Carter Herseth Sandlin Michaud Cassidy Higgins Miller (FL) Barrett (SC) Deal (GA) Pingree (ME) ANNOUNCEMENT BY THE SPEAKER Castle Hill Miller (MI) Brown (SC) Delahunt Rohrabacher PRO TEMPORE Castor (FL) Himes Miller (NC) Capuano Jackson-Lee Tanner Chaffetz Hinchey Miller, Gary Davis (AL) (TX) Tiahrt The SPEAKER pro tempore. Pursu- Chandler Hinojosa Miller, George Davis (IL) Lewis (GA) Young (FL) Childers Hirono Minnick ant to clause 8 of rule XX, proceedings b 1458 will resume on questions previously Chu Hodes Mitchell Clarke Hoekstra Mollohan Mr. CONAWAY changed his vote postponed. Clay Holden Moore (KS) Votes will be taken in the following Cleaver Holt Moore (WI) from ‘‘nay’’ to ‘‘yea.’’ order: Clyburn Honda Moran (KS) So (two-thirds being in the affirma- H.R. 3360, by the yeas and nays; Coble Hoyer Moran (VA) tive) the rules were suspended and the Coffman (CO) Hunter Murphy (CT) bill, as amended, was passed. H. Res. 841, by the yeas and nays; Cohen Inglis Murphy (NY) The Speaker’s approval of the Jour- Cole Inslee Murphy, Patrick The result of the vote was announced nal, de novo; Conaway Israel Murphy, Tim as above recorded. Connolly (VA) Issa Murtha A motion to reconsider was laid on H. Res. 891, by the yeas and nays. Conyers Jackson (IL) Myrick The first electronic vote will be con- Cooper Jenkins Nadler (NY) the table. ducted as a 15-minute vote. Remaining Costa Johnson (GA) Napolitano f electronic votes will be conducted as 5- Costello Johnson (IL) Neal (MA) Courtney Johnson, E. B. Neugebauer DRIVE SAFER SUNDAY minute votes. Crenshaw Johnson, Sam Nunes Crowley Jones Nye The SPEAKER pro tempore. The un- f Cuellar Jordan (OH) Oberstar finished business is the vote on the mo- Culberson Kagen Obey CRUISE VESSEL SECURITY AND Cummings Kanjorski Olson tion to suspend the rules and agree to SAFETY ACT OF 2009 Dahlkemper Kaptur Olver the resolution, H. Res. 841, on which Davis (CA) Kennedy Ortiz the yeas and nays were ordered. The SPEAKER pro tempore. The un- Davis (KY) Kildee Owens The Clerk read the title of the resolu- finished business is the vote on the mo- Davis (TN) Kilpatrick (MI) Pallone tion. tion to suspend the rules and pass the DeFazio Kilroy Pascrell DeGette Kind Pastor (AZ) The SPEAKER pro tempore. The bill, H.R. 3360, as amended, on which DeLauro King (IA) Paulsen question is on the motion offered by the yeas and nays were ordered. Dent King (NY) Payne the gentleman from New York (Mr. The Clerk read the title of the bill. Diaz-Balart, L. Kingston Pence BISHOP) that the House suspend the The SPEAKER pro tempore. The Diaz-Balart, M. Kirk Perlmutter Dicks Kirkpatrick (AZ) Perriello rules and agree to the resolution, H. question is on the motion offered by Dingell Kissell Peters Res. 841. the gentleman from Maryland (Mr. Doggett Klein (FL) Peterson This will be a 5-minute vote. CUMMINGS) that the House suspend the Donnelly (IN) Kline (MN) Petri Doyle Kosmas Pitts The vote was taken by electronic de- rules and pass the bill, H.R. 3360, as Dreier Kratovil Platts vice, and there were—yeas 413, nays 1, amended. Driehaus Kucinich Poe (TX) not voting 20, as follows: The vote was taken by electronic de- Duncan Lamborn Polis (CO) vice, and there were—yeas 416, nays 4, Edwards (MD) Lance Pomeroy [Roll No. 893] Edwards (TX) Langevin Posey YEAS—413 not voting 14, as follows: Ehlers Larsen (WA) Price (GA) [Roll No. 892] Ellison Larson (CT) Price (NC) Abercrombie Bachus Bilirakis Ellsworth Latham Putnam Ackerman Baird Bishop (GA) YEAS—416 Emerson LaTourette Quigley Aderholt Baldwin Bishop (NY) Abercrombie Austria Bean Engel Latta Radanovich Adler (NJ) Barrow Bishop (UT) Ackerman Baca Becerra Eshoo Lee (CA) Rahall Akin Bartlett Blackburn Aderholt Bachmann Berkley Etheridge Lee (NY) Rangel Alexander Barton (TX) Blumenauer Adler (NJ) Bachus Berman Fallin Levin Rehberg Altmire Bean Blunt Akin Baird Berry Farr Lewis (CA) Reichert Andrews Becerra Boccieri Alexander Baldwin Biggert Fattah Linder Reyes Arcuri Berkley Boehner Altmire Barrow Bilbray Filner Lipinski Richardson Austria Berry Bonner Andrews Bartlett Bilirakis Fleming LoBiondo Rodriguez Baca Biggert Bono Mack Arcuri Barton (TX) Bishop (GA) Forbes Loebsack Roe (TN) Bachmann Bilbray Boozman

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.045 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13034 CONGRESSIONAL RECORD — HOUSE November 17, 2009 Boren Garrett (NJ) Maffei Rush Sires Turner [Roll No. 894] Boswell Gerlach Maloney Ryan (OH) Skelton Upton Boucher Giffords Manzullo Ryan (WI) Slaughter Van Hollen AYES—243 Boustany Gingrey (GA) Marchant Salazar Smith (NE) Vela´ zquez Abercrombie Harper Owens Boyd Gohmert Markey (CO) Sa´ nchez, Linda Smith (NJ) Visclosky Ackerman Hastings (FL) Pallone Brady (PA) Gonzalez Markey (MA) T. Smith (TX) Walden Adler (NJ) Heinrich Pascrell Brady (TX) Goodlatte Marshall Sanchez, Loretta Smith (WA) Walz Andrews Heller Pastor (AZ) Braley (IA) Gordon (TN) Massa Sarbanes Snyder Wamp Baca Herseth Sandlin Paul Scalise Souder Bright Granger Matheson Wasserman Baird Higgins Paulsen Schakowsky Space Broun (GA) Graves Matsui Schultz Baldwin Hill Payne Brown, Corrine Grayson McCarthy (CA) Schauer Speier Waters Barrow Hinchey Perlmutter Brown-Waite, Green, Al McCarthy (NY) Schiff Spratt Watson Bean Hinojosa Perriello Ginny Green, Gene McCaul Schmidt Stark Becerra Hirono Peters Schock Stearns Watt Buchanan Griffith McClintock Berkley Hodes Pitts Schrader Stupak Waxman Burgess Grijalva McCollum Berman Holden Polis (CO) Schwartz Sullivan Weiner Burton (IN) Guthrie McCotter Berry Holt Pomeroy Scott (GA) Sutton Welch Butterfield Gutierrez McDermott Bishop (GA) Honda Posey Scott (VA) Taylor Westmoreland Buyer Hall (NY) McGovern Bishop (NY) Hoyer Price (NC) Sensenbrenner Teague Wexler Calvert Hall (TX) McHenry Blumenauer Inslee Putnam Serrano Terry Whitfield Camp Halvorson McIntyre Boccieri Israel Quigley Sessions Thompson (CA) Wilson (OH) Campbell Hare McKeon Boswell Jackson (IL) Radanovich Sestak Thompson (MS) Cantor Harman McMahon Wilson (SC) Boucher Johnson (GA) Rahall Shadegg Thompson (PA) Cao Harper McMorris Wittman Boyd Johnson (IL) Rangel Capito Hastings (FL) Rodgers Shea-Porter Thornberry Wolf Brady (PA) Johnson, E. B. Sherman Tierney Reyes Capps Hastings (WA) McNerney Woolsey Braley (IA) Jones Richardson Carnahan Heinrich Meek (FL) Shimkus Titus Wu Brown, Corrine Kagen Shuler Rodriguez Carney Heller Meeks (NY) Tonko Yarmuth Butterfield Kanjorski Shuster Towns Rooney Carson (IN) Hensarling Melancon Young (AK) Capito Kaptur Simpson Tsongas Ross Carter Herger Mica Capps Kennedy Rothman (NJ) Cassidy Herseth Sandlin Michaud NAYS—1 Carnahan Kildee Roybal-Allard Castle Higgins Miller (FL) Carson (IN) Kilpatrick (MI) Ruppersberger Paul Castor (FL) Hill Miller (MI) Castle Kilroy Rush Chaffetz Himes Miller (NC) Castor (FL) Kind Ryan (OH) NOT VOTING—20 Chaffetz Kirk Chandler Hinchey Miller, Gary Salazar Barrett (SC) Deal (GA) Olver Chandler Kissell Childers Hinojosa Miller, George Sa´ nchez, Linda Berman Delahunt Pingree (ME) Chu Klein (FL) Chu Hirono Minnick T. Brown (SC) Jackson-Lee Rohrabacher Clarke Kosmas Clarke Hodes Mitchell Sanchez, Loretta Capuano (TX) Tanner Clay Kucinich Clay Hoekstra Mollohan Sarbanes Cardoza Larson (CT) Tiahrt Cleaver Lance Cleaver Holden Moore (KS) Schakowsky Davis (AL) Lewis (CA) Tiberi Clyburn Langevin Clyburn Holt Moore (WI) Schauer Davis (IL) Obey Young (FL) Cohen Larsen (WA) Coble Honda Moran (KS) Schiff Conyers Larson (CT) Coffman (CO) Hoyer Moran (VA) Schock ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cooper Latham Cohen Hunter Murphy (CT) Schrader Costello Lee (CA) Cole Inglis Murphy (NY) The SPEAKER pro tempore (during Schwartz Conaway Inslee Murphy, Patrick the vote). Members have 2 minutes re- Courtney Levin Crowley Lewis (GA) Scott (GA) Connolly (VA) Israel Murphy, Tim maining in this vote. Scott (VA) Conyers Issa Murtha Cummings Loebsack Dahlkemper Lofgren, Zoe Serrano Cooper Jackson (IL) Myrick Sestak Costa Jenkins Nadler (NY) b 1505 Davis (CA) Lowey Davis (TN) Luja´ n Shea-Porter Costello Johnson (GA) Napolitano Sherman Courtney Johnson (IL) Neal (MA) So (two-thirds being in the affirma- DeFazio Lynch DeGette Maffei Sires Crenshaw Johnson, E. B. Neugebauer tive) the rules were suspended and the Skelton Crowley Johnson, Sam Nunes DeLauro Maloney resolution was agreed to. Dent Markey (MA) Slaughter Cuellar Jones Nye Smith (WA) Culberson Jordan (OH) Oberstar The result of the vote was announced Dicks Massa Dingell Matheson Snyder Cummings Kagen Olson as above recorded. Space Dahlkemper Kanjorski Ortiz Doggett Matsui A motion to reconsider was laid on Doyle McCarthy (NY) Speier Davis (CA) Kaptur Owens the table. Spratt Davis (KY) Kennedy Pallone Dreier McClintock Stated for: Driehaus McCollum Stark Davis (TN) Kildee Pascrell Sutton DeFazio Kilpatrick (MI) Pastor (AZ) Mr. TIBERI. Mr. Speaker, on rollcall No. Edwards (MD) McDermott Edwards (TX) McGovern Teague DeGette Kilroy Paulsen 893, I was meeting with a constituent here in Thompson (MS) DeLauro Kind Payne Ellison McHenry the Capitol but was not able to make it back Engel McIntyre Tiberi Dent King (IA) Pence Tierney Diaz-Balart, L. King (NY) Perlmutter to the floor to cast a vote before time expired. Eshoo McMahon Tonko Diaz-Balart, M. Kingston Perriello Etheridge McNerney Had I been present, I would have voted ‘‘yea.’’ Towns Dicks Kirk Peters Farr Meek (FL) Tsongas Dingell Kirkpatrick (AZ) Peterson Fattah Meeks (NY) Van Hollen Doggett Kissell Petri f Filner Michaud Vela´ zquez Donnelly (IN) Klein (FL) Pitts Foster Miller (NC) Visclosky Doyle Kline (MN) Platts Frank (MA) Miller, George THE JOURNAL Walz Dreier Kosmas Poe (TX) Fudge Mollohan Wasserman Driehaus Kratovil Polis (CO) The SPEAKER pro tempore. Pursu- Garamendi Moore (KS) Schultz Duncan Kucinich Pomeroy Gerlach Moore (WI) ant to clause 8 of rule XX, the unfin- Waters Edwards (MD) Lamborn Posey Gonzalez Moran (VA) Watson Edwards (TX) Lance Price (GA) ished business is the question on agree- Goodlatte Murphy (CT) Ehlers Langevin Price (NC) ing to the Speaker’s approval of the Grayson Murphy, Patrick Watt Ellison Larsen (WA) Putnam Green, Al Murtha Waxman Journal, which the Chair will put de Green, Gene Nadler (NY) Weiner Ellsworth Latham Quigley novo. Emerson LaTourette Radanovich Grijalva Napolitano Welch Engel Latta Rahall The question is on the Speaker’s ap- Gutierrez Neal (MA) Wexler Eshoo Lee (CA) Rangel proval of the Journal. Hall (NY) Oberstar Wilson (OH) Halvorson Obey Woolsey Etheridge Lee (NY) Rehberg The question was taken; and the Fallin Levin Reichert Hare Olver Wu Farr Lewis (GA) Reyes Speaker pro tempore announced that Harman Ortiz Yarmuth Fattah Linder Richardson the ayes appeared to have it. NOES—177 Filner Lipinski Rodriguez RECORDED VOTE Flake LoBiondo Roe (TN) Aderholt Bilirakis Broun (GA) Fleming Loebsack Rogers (AL) Mr. CULBERSON. Mr. Speaker, I de- Akin Bishop (UT) Brown-Waite, Forbes Lofgren, Zoe Rogers (KY) mand a recorded vote. Alexander Blackburn Ginny Fortenberry Lowey Rogers (MI) A recorded vote was ordered. Altmire Blunt Buchanan Foster Lucas Rooney Arcuri Boehner Burgess Foxx Luetkemeyer Ros-Lehtinen The SPEAKER pro tempore. This is a Austria Bonner Burton (IN) Frank (MA) Luja´ n Roskam 5-minute vote. Bachmann Bono Mack Buyer Franks (AZ) Lummis Ross The vote was taken by electronic de- Bachus Boozman Calvert Frelinghuysen Lungren, Daniel Rothman (NJ) vice, and there were—ayes 243, noes 177, Bartlett Boren Camp Fudge E. Roybal-Allard Barton (TX) Boustany Campbell Gallegly Lynch Royce answered ‘‘present’’ 1, not voting 13, as Biggert Brady (TX) Cantor Garamendi Mack Ruppersberger follows: Bilbray Bright Cao

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.017 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13035 Cardoza Jenkins Pence The vote was taken by electronic de- Moran (VA) Rogers (AL) Speier Carney Johnson, Sam Peterson vice, and there were—yeas 419, nays 0, Murphy (CT) Rogers (KY) Spratt Carter Jordan (OH) Petri Murphy (NY) Rogers (MI) Stark Cassidy King (IA) Platts not voting 15, as follows: Murphy, Patrick Rooney Stearns Childers King (NY) Poe (TX) Murphy, Tim Ros-Lehtinen [Roll No. 895] Stupak Coble Kingston Price (GA) Murtha Roskam Sullivan Coffman (CO) Kirkpatrick (AZ) Rehberg YEAS—419 Myrick Ross Sutton Cole Kline (MN) Reichert Nadler (NY) Rothman (NJ) Taylor Conaway Kratovil Roe (TN) Abercrombie Culberson Johnson (IL) Neal (MA) Roybal-Allard Ackerman Cummings Johnson, E. B. Teague Connolly (VA) Lamborn Rogers (AL) Neugebauer Royce Terry Costa LaTourette Rogers (KY) Aderholt Dahlkemper Johnson, Sam Nunes Ruppersberger Thompson (CA) Crenshaw Latta Rogers (MI) Adler (NJ) Davis (CA) Jones Nye Rush Thompson (MS) Cuellar Lee (NY) Ros-Lehtinen Akin Davis (KY) Jordan (OH) Oberstar Ryan (OH) Thompson (PA) Culberson Lewis (CA) Roskam Alexander Davis (TN) Kagen Obey Ryan (WI) Davis (KY) Linder Royce Altmire DeFazio Kanjorski Olson Salazar Thornberry Diaz-Balart, L. Lipinski Ryan (WI) Andrews DeGette Kaptur Olver Sa´ nchez, Linda Tiberi Diaz-Balart, M. LoBiondo Scalise Arcuri DeLauro Kennedy Ortiz T. Tierney Donnelly (IN) Lucas Schmidt Austria Dent Kildee Owens Sanchez, Loretta Titus Duncan Luetkemeyer Sensenbrenner Baca Diaz-Balart, L. Kilpatrick (MI) Pallone Sarbanes Tonko Ehlers Lummis Sessions Bachmann Diaz-Balart, M. Kilroy Pascrell Scalise Towns Ellsworth Lungren, Daniel Shadegg Bachus Dicks Kind Pastor (AZ) Schakowsky Tsongas Emerson E. Shimkus Baird Dingell King (IA) Paul Schauer Turner Fallin Mack Shuler Baldwin Doggett King (NY) Paulsen Schiff Upton Flake Manzullo Shuster Barrow Donnelly (IN) Kingston Payne Schmidt Van Hollen Fleming Marchant Simpson Bartlett Doyle Kirk Pence Schock Vela´ zquez Forbes Markey (CO) Smith (NE) Barton (TX) Dreier Kirkpatrick (AZ) Perlmutter Schrader Visclosky Fortenberry Marshall Smith (NJ) Bean Driehaus Kissell Perriello Schwartz Walden Becerra Duncan Klein (FL) Foxx McCarthy (CA) Smith (TX) Peters Scott (GA) Walz Berkley Edwards (MD) Kline (MN) Franks (AZ) McCaul Souder Peterson Scott (VA) Wamp Berman Edwards (TX) Kosmas Frelinghuysen McCotter Stearns Petri Sensenbrenner Wasserman Berry Ehlers Kratovil Gallegly McKeon Stupak Pingree (ME) Serrano Schultz Biggert Ellison Kucinich Garrett (NJ) McMorris Sullivan Pitts Sessions Waters Bilbray Ellsworth Lamborn Giffords Rodgers Taylor Platts Sestak Watson Gingrey (GA) Melancon Terry Bilirakis Emerson Lance Poe (TX) Shadegg Bishop (GA) Engel Langevin Watt Gordon (TN) Mica Thompson (CA) Polis (CO) Shea-Porter Waxman Granger Miller (FL) Thompson (PA) Bishop (NY) Eshoo Larsen (WA) Pomeroy Sherman Weiner Graves Miller (MI) Thornberry Bishop (UT) Etheridge Larson (CT) Posey Shimkus Welch Griffith Miller, Gary Titus Blackburn Fallin Latham Price (GA) Shuler Westmoreland Guthrie Minnick Turner Blumenauer Farr LaTourette Price (NC) Shuster Hall (TX) Mitchell Upton Blunt Fattah Latta Putnam Simpson Wexler Hastings (WA) Moran (KS) Walden Boccieri Filner Lee (CA) Quigley Sires Whitfield Hensarling Murphy (NY) Wamp Boehner Flake Lee (NY) Radanovich Skelton Wilson (OH) Herger Murphy, Tim Westmoreland Bonner Fleming Levin Rahall Slaughter Wilson (SC) Himes Myrick Whitfield Bono Mack Forbes Lewis (CA) Rangel Smith (NE) Wittman Hoekstra Neugebauer Wilson (SC) Boozman Fortenberry Lewis (GA) Rehberg Smith (NJ) Wolf Hunter Nunes Wittman Boren Foster Linder Reichert Smith (TX) Woolsey Inglis Nye Wolf Boswell Foxx Lipinski Reyes Smith (WA) Wu Issa Olson Young (AK) Boucher Frank (MA) LoBiondo Richardson Snyder Yarmuth Boustany Franks (AZ) Loebsack Rodriguez Souder Young (AK) ANSWERED ‘‘PRESENT’’—1 Boyd Frelinghuysen Lofgren, Zoe Roe (TN) Space Young (FL) Gohmert Brady (PA) Fudge Lowey Brady (TX) Gallegly Lucas NOT VOTING—15 NOT VOTING—13 Braley (IA) Garamendi Luetkemeyer Barrett (SC) Delahunt Napolitano Bright Garrett (NJ) Luja´ n Barrett (SC) Deal (GA) Rohrabacher Brown (SC) Gordon (TN) Rohrabacher Broun (GA) Gerlach Lummis Brown (SC) Delahunt Capuano Green, Gene Tanner Tanner Brown, Corrine Giffords Lungren, Daniel Capuano Jackson-Lee Davis (AL) Israel Tiahrt Tiahrt Brown-Waite, Gingrey (GA) E. Davis (AL) (TX) Davis (IL) Jackson-Lee Young (FL) Ginny Gohmert Lynch Davis (IL) Pingree (ME) Deal (GA) (TX) Buchanan Gonzalez Mack ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burgess Goodlatte Maffei ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Granger Maloney The SPEAKER pro tempore (during The SPEAKER pro tempore (during Butterfield Graves Manzullo the vote). There are 2 minutes remain- Buyer Grayson Marchant the vote). There are 2 minutes remain- ing in this vote. Calvert Green, Al Markey (CO) ing in this vote. Camp Griffith Markey (MA) b 1520 b 1513 Campbell Grijalva Marshall Cantor Guthrie Massa So (two-thirds being in the affirma- Mr. LAMBORN changed his vote Cao Gutierrez Matheson Capito Hall (NY) Matsui tive) the rules were suspended and the from ‘‘aye’’ to ‘‘no.’’ Capps Hall (TX) McCarthy (CA) resolution, as amended, was agreed to. So the Journal was approved. Cardoza Halvorson McCarthy (NY) The result of the vote was announced The result of the vote was announced Carnahan Hare McCaul as above recorded. as above recorded. Carney Harman McClintock Carson (IN) Harper McCollum A motion to reconsider was laid on the table. f Carter Hastings (FL) McCotter Cassidy Hastings (WA) McDermott f Castle Heinrich McGovern HONORING COAST GUARD AND MA- Castor (FL) Heller McHenry REMOVAL OF NAME OF MEMBER RINE CORPS AIRCRAFT PILOTS Chaffetz Hensarling McIntyre AS COSPONSOR OF H.R. 3904 LOST IN CALIFORNIA Chandler Herger McKeon Childers Herseth Sandlin McMahon Mr. HINOJOSA. Mr. Speaker, I ask The SPEAKER pro tempore. The un- Chu Higgins McMorris unanimous consent to have my name finished business is the vote on the mo- Clarke Hill Rodgers Clay Himes McNerney removed as a cosponsor of H.R. 3904. tion to suspend the rules and agree to Cleaver Hinchey Meek (FL) The SPEAKER pro tempore (Mr. the resolution, H. Res. 891, as amended, Clyburn Hinojosa Meeks (NY) JACKSON of Illinois). Is there objection on which the yeas and nays were or- Coble Hirono Melancon to the request of the gentleman from dered. Coffman (CO) Hodes Mica Cohen Hoekstra Michaud Texas? The Clerk read the title of the resolu- Cole Holden Miller (FL) There was no objection. tion. Conaway Holt Miller (MI) f The SPEAKER pro tempore. The Connolly (VA) Honda Miller (NC) question is on the motion offered by Conyers Hoyer Miller, Gary INTERNATIONAL ATOMIC ENERGY Cooper Hunter Miller, George AGENCY REPORT ON IRAN the gentleman from Maryland (Mr. Costa Inglis Minnick CUMMINGS) that the House suspend the Costello Inslee Mitchell (Mr. QUIGLEY asked and was given rules and agree to the resolution, H. Courtney Issa Mollohan permission to address the House for 1 Crenshaw Jackson (IL) Moore (KS) Res. 891, as amended. Crowley Jenkins Moore (WI) minute and to revise and extend his re- This is a 5-minute vote. Cuellar Johnson (GA) Moran (KS) marks.)

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.025 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13036 CONGRESSIONAL RECORD — HOUSE November 17, 2009 Mr. QUIGLEY. Mr. Speaker, today House to suggest that somehow to sup- found in his apartment. Within an hour the International Atomic Energy Agen- port the decision to have a trial would of his terrorist attack on Fort Hood, cy released disturbing new information jeopardize family members of the the FBI quickly told us he is not a ter- about Iran. The U.N. watchdog said mayor of the city of New York is out- rorist. The authorities told us not to Iran could be constructing several rageous. Now that Member knows who jump to conclusions while they jump to more covert nuclear installations. The he is. That Member should apologize. conclusions. report also said that Iran lied about That Member then should be quiet. The news media has called Hasan ev- the facility we do know about, saying It is one thing to bring a baby to the erything but a terrorist. Hasan was construction began in 2007 when sat- floor of Congress and use it as a prop called a ‘‘lone gunman’’ or a ‘‘troubled ellite photos prove it was started in during the health care debate and quite individual’’ who somehow suffered from 2002. another to suggest that the family of post-traumatic stress disorder. The Most disturbing of all, the report in- the mayor of the city of New York main problem with that is he hadn’t dicates that Tehran has now produced might be in danger because they have a been deployed overseas, so how could 13⁄4 tons of low-enriched uranium. That different political view of how to carry he have post-traumatic stress disorder? is enough for two bombs if enriched out justice. Maybe it should be called pre-post- further. Four weeks ago, Iran was of- f traumatic stress disorder. fered a deal to ship its uranium over- They said Hasan’s terrorist rampage seas for processing, but instead of ac- CONFERRING U.S. CONSTITU- was an ‘‘isolated incident,’’ a ‘‘random cepting, it gave us more delays. To- TIONAL RIGHTS ON FOREIGN act of violence.’’ Hasan was ‘‘under day’s report makes it clear that we SOLDIERS stress,’’ ‘‘harassed’’ and was somehow can’t afford to offer any more deals or (Mr. CULBERSON asked and was forced to ‘‘snap.’’ And they even blame accept any more delays. given permission to address the House it on guns. But don’t call him a ter- This House took full action when it for 1 minute.) rorist. passed the Iran Sanctions Enabling Act Mr. CULBERSON. Mr. Speaker, for The day after Hasan’s terrorist at- and must now pass the Iran Refined Pe- the first time in American history, for- tack, reports leaked out that he had troleum Sanctions Act. The time for eign soldiers captured on foreign bat- yelled the standard terrorist ‘‘Allahu action is now. tlefields are being given U.S. constitu- Akbar,’’ Arabic for ‘‘God is great,’’ f tional rights. The bigger issue for me while gunning down innocent people. According to The Dallas Morning AMERICANS OPPOSE AMNESTY and my constituents and the people of Texas, what outrages us most about News, authorities are investigating (Mr. SMITH of Texas asked and was these terrorists being tried in New whether Hasan wired money to Paki- given permission to address the House York, is that now for the first time, stan terrorist groups in recent months. for 1 minute and to revise and extend this administration and this liberal b 1530 his remarks.) Congress are giving U.S. constitutional His apartment cost $350 a month and Mr. SMITH of Texas. Mr. Speaker, rights to foreign soldiers captured on with 15 million people unemployed, it’s didn’t have much furniture in it. He foreign battlefields. drove an old car, but he made over no wonder that Americans increasingly They are going to lawyer up at tax- are concerned about illegal immigra- $100,000 a year. Now people are asking, payer expense. They are going to all Where did all that money go? tion. A CNN/Opinion Research poll ask for every constitutional right that found that only 36 percent of Ameri- According to a colleague at Walter a regular U.S. criminal defendant gets, Reed Hospital, Hasan gave an hour- cans now approve of the President’s and they are going to get off on tech- handling of illegal immigration, and 58 long lecture there on what he called nicalities. Now think about that for a the ‘‘Koranic View of Military Service, percent disapprove. minute. Khalid Sheikh Mohammed and The poll also found that 73 percent of Jihad, and War.’’ Instead of the med- these terrorists are going to be freed on ical lecture he was supposed to talk Americans want to see the number of technicalities. illegal immigrants in the U.S. de- about, Hasan talked about punishment No U.S. soldier should be held to the visited upon infidels—consignment to creased. This is the highest percentage same standard as a police officer on the since the question was first asked in hell, decapitation, and having hot oil streets of New York. It’s wrong. It vio- poured down your throat. According to 2006. In addition, Gallup reported that lates our core principles as a Nation, a percentage of Americans supporting a his colleague at the hospital, this and it endangers our military. We can- ‘‘freaked a lot of doctors out.’’ Well, no decrease in overall immigration levels not give U.S. constitutional rights to increased from 39 percent to 50 percent kidding. But apparently not enough for enemy soldiers captured on foreign bat- anyone to break their politically cor- in the last year. tlefields, especially these murderers, The Obama administration should rect silence and report him. Why have these terrorists held at Guantanamo. put the interests of Americans ahead of the politically correct police made those of illegal immigrants. f those who report crime so timid? f SPECIAL ORDERS Hasan’s colleagues said that he was the kind of guy who the staff actually NEW YORKERS DEMAND JUSTICE The SPEAKER pro tempore (Mr. stood around in the hallway saying, Do (Mr. WEINER asked and was given BRIGHT). Under the Speaker’s an- you think this guy is a terrorist or is permission to address the House for 1 nounced policy of January 6, 2009, and he just odd? Nothing was done. And minute and to revise and extend his re- under a previous order of the House, why wasn’t he formally reported by marks.) the following Members will be recog- colleagues? There are no answers. Mr. WEINER. Mr. Speaker, earlier nized for 5 minutes each. Hasan exchanged emails with an al today, in an effort to scare people and f Qaeda recruiter in Yemen 20 times. Ac- to frighten them, a Member of this cording to the Wall Street Journal, the House came to the floor and suggested NIDAL HASAN, TERRORIST—AKA Pentagon said they were never told by that the idea of having the trial of ‘‘ALIEN UNLAWFUL BELLIG- intelligence agencies about the emails, Khalid Sheikh Mohammed in New York ERENT’’ which raises even more questions. might jeopardize the family of the The SPEAKER pro tempore. Under a The FBI, Army Intelligence, the CIA, mayor of the city of New York. previous order of the House, the gen- apparently they’re still not talking to Now putting aside for a moment that tleman from Texas (Mr. POE) is recog- each other. So we need congressional we have an opportunity in New York to nized for 5 minutes. investigations on this entire situation. have New Yorkers stand before the bar Mr. POE of Texas. Mr. Speaker, I’ve asked that the Terrorism Sub- of justice and serve on a jury to finally Major Nidal Malik Hasan is a terrorist. committee, which I serve on in Con- put Khalid Sheikh Mohammed to If anyone needs confirmation, it says gress, investigate this situation. death, and that is exactly the way it on his own business cards, Soldier of There were warning signs that were should be, for any Member of this Allah, and those business cards were ignored because he was a Muslim. Is

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.055 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13037 this a reflection on all Muslims in the health insurance. And, Mr. Speaker, ASTRONAUT ROBERT SATCHER Army? Absolutely not. We have those many veterans are out of work in this The SPEAKER pro tempore. Under a in the Muslim faith loyally serving in recession. previous order of the House, the gen- Iraq and Afghanistan. Many speak This Congress and President Obama tleman from Illinois (Mr. DAVIS) is rec- Farsi and help our troops in combat. and his administration recognize these ognized for 5 minutes. But it is a reflection on one person who problems and we made some good Mr. DAVIS of Illinois. Yesterday, as radicalized. progress in addressing them. This STS–129 lifted off, there was a very There were warning signs, and inter- House has passed new legislation that definite glint of pride in my eyes and ventions should have occurred much helps veterans. We have passed a spring in my step because one of the earlier. It’s a reflection on the Army’s strong health insurance reform bill astronauts on board was Mission Spe- ability to be decisive and take care of that will help veterans. In addition, cialist Robert Satcher, doctor, chem- business, take care of a threat when General Shinseki, the Secretary of Vet- ical engineer, and native of Oak Park, they see it. They missed the obvious. erans Affairs, has promised an all-out Illinois, and the Seventh Congressional The question is: Is this continuing to effort to end veterans’ homelessness. District. happen in the military? Are they going He has also launched a new effort to Dr. Satcher is the second astronaut to continue to ignore the obvious? strengthen housing, education, employ- to hail from Oak Park on the western Hasan had murdered 14 people, includ- ment, and medical care opportunities border of Chicago. Any community to ing a pregnant soldier and her unborn for our veterans. boast of such a record of producing as- We need to do all of this, Mr. Speak- child. She was sent back home from tronauts deserves a second look, but er, and we need to do more. But I have Iraq out of the war zone to have her for a community with just over 50,000 always believed that the best way to baby. residents to accumulate such a record, serve our veterans is to do everything Mr. Speaker, when it gets to the something must be going on that is we can to keep them out of harm’s way point where political correctness puts very right. But, of course, in the end, it in the first place. That means sending the lives of our troops in danger on is up to the individual to determine our troops to war only as a last resort, American soil at their home base, it’s what to do with the circumstances of when we have explored every other al- well past time to stop playing prepos- their lives. ternative. Dr. Robert Satcher has done some terous PC games. In Afghanistan, we haven’t met that amazing things with his life. An ortho- By the way, Mr. Speaker, do you test. We have relied almost exclusively pedic surgeon who practices at North- know what the military officially calls on the military solution for over 8 long western Memorial and Children’s Me- terrorists? We don’t use that term years. And we see where that’s gotten morial hospitals, teaches at North- ‘‘terrorist’’ anymore. They are offi- us—absolutely nowhere. cially called alien unlawful belliger- Mr. Speaker, we have learned that western University Medical School, ents. Now, isn’t that lovely. We can’t there is no military solution to Af- does research at the Lurie Comprehen- call them terrorist or killers or crimi- ghanistan, and we’ve learned that les- sive Cancer Center of Northwestern nals because that might hurt their feel- son the hard way. We have learned it and the Institute for Bioengineering ings. through the number of dead and and Nanotechnology in Advanced Medi- The American military, the FBI, and wounded. That’s why I urge President cine at Northwestern, Dr. Satcher is a the media must deal with the facts and Obama to say ‘‘no’’ to sending more nephew of former U.S. Surgeon General the truth without trying to mislead troops to Afghanistan. Our troops have David Satcher. He is married to Dr. the American public. already been stretched to the limit by D’Juanna Satcher, and they have a And that’s just the way it is. repeated deployments. Their families daughter, Daija. f have already suffered enough on the Dr. Satcher was a Schweitzer Fellow at the Albert Schweitzer Hospital in SMART POWER CAN SUCCEED homefront. Escalating the war will only help the violent extremists in Af- Lambarene, Gabon, completed numer- WHERE MILITARY POWER ALONE ous medical missions for outreach care HAS FAILED ghanistan to recruit more violent ex- tremists to attack our troops. to underserved areas in Nicaragua, The SPEAKER pro tempore. Under a Instead of pursuing the same failed Venezuela, Nigeria, Burkina Faso, and previous order of the House, the gentle- strategy of the past, I have called for a Gabon. He held internships at DuPont woman from California (Ms. WOOLSEY) new strategy that relies on all the ef- in the Textile Fibers Research Group is recognized for 5 minutes. fective tools of smart security. These and the Polymer Products Division. Ms. WOOLSEY. Mr. Speaker, last tools include diplomacy, humanitarian Growing up, he was a National Merit week on Veterans Day the American aid, economic development, education, Scholar and received the Monsanto people paid tribute to the heroic men civil affairs, and better intelligence Award and the Albert G. Hill Award and women who have and are serving in and police work to search out and cap- from MIT, fellowships from both the our military. Fortunately, most vet- ture extremists. At least 80 percent of Robert Wood Johnson Foundation and erans return home safe and sound. all further funding for Afghanistan the UNCF/Merck Research Foundation, They devote themselves to their fami- should be devoted to these smart power and is a member of the Tau Beta Pi En- lies. They become leaders in their com- efforts. gineering Honor Society. He is a Lead- munities. I know many veterans in my Mr. Speaker, the casualty figures are ership Fellow of the American Acad- district. They are among the most re- growing in Afghanistan. We owe it to emy of Orthopedic Surgeons, ABC Fel- spected and beloved neighbors. But too our courageous troops to protect their low of the American Orthopedic Asso- many veterans, Mr. Speaker, never get lives before we have another Iraq on ciation, Bloomberg Leadership Fellow, the chance to resume their lives. They our hands. Smart security must be and has completed 12 research grants die in battle or they return home with used because it can get us a lot farther and has 15 peer-review publications and terrible wounds that will never heal. in Afghanistan, much further than over 25 presentations at national and Their loving families feel scars of war, military power alone. international research meetings. too—especially the children. Mr. Speaker, let’s change our strat- He has been active in the Big Brother Today, American soldiers continue to egy before it’s too late. Let’s bring our for Youth at Risk Counseling Program; face danger in Afghanistan and in Iraq. troops home. Let’s bring them home Department of Corrections, San Fran- Nearly 5,300 have already died in those safe, sound, and successful. cisco, California; a tutor for the Black two conflicts. About 35,000 have been f Student Union tutorial program at wounded. And when the wounded re- The SPEAKER pro tempore. Under a MIT; the National Society of Black En- turn home, they often face many chal- previous order of the House, the gen- gineers; the American Institute of lenges. tleman from North Carolina (Mr. Chemical Engineering; a supervising According to a study by the Harvard JONES) is recognized for 5 minutes. adult for Cub Scout Camp for Boys in Medical School, over 130,000 veterans (Mr. JONES addressed the House. His Nashville, Tennessee; and he is a lay are homeless. Over 2,200 veterans died remarks will appear hereafter in the Episcopal minister with primary re- last year because they didn’t have Extensions of Remarks.) sponsibility for visiting the sick and

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.098 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13038 CONGRESSIONAL RECORD — HOUSE November 17, 2009 shut-in members of the church at St. and Iran. Iraq’s central government is marks will appear hereafter in the Ex- Edmonds Episcopal Church in Chicago now picking winners in the great oil tensions of Remarks.) and St. James Episcopal Church in prize bonanza—the ‘‘Iraqi Oil Con- f Houston. tracting Rush of 2009.’’ Oil has domi- HEALTH CARE REFORM He was selected for Astronaut Can- nated Iraq’s economy for generations. didate training by NASA in May of 2004 Oil has traditionally provided more The SPEAKER pro tempore. Under and completed training in February of than 90 percent of that country’s ex- the Speaker’s announced policy of Jan- 2006. On STS–129, Dr. Satcher is sched- change earnings, and that is likely to uary 6, 2009, the gentleman from Lou- uled to perform two EVAs—space be the case for a few decades to come isiana (Mr. CASSIDY) is recognized for walks—among other assignments. For until it’s all sucked dry. 60 minutes as the designee of the mi- those who want to follow Dr. Satcher According to the Washington Post, nority leader. on Twitter, he will be tweeting as the oil ministry is expected to hold a Mr. CASSIDY. Thank you, Mr. astrolbones and ZeroGlMD. new bidding round in December for un- Speaker. Although you called me ‘‘mis- Godspeed to you, Dr. Satcher. Bobby, developed fields. Those are also for ter,’’ I am actually a physician; and so you have a lot of fans back on Earth, service agreements. Oil giants hope the in my other life—I actually saw pa- and especially those in Oak Park, Illi- deals could one day lead to production- tients just yesterday at a public hos- nois. sharing deals, long a goal of energy pital in Louisiana, a safety net hos- firms that have been shut out of the f pital where I have worked for the last Middle East for years. 20 years. So caring for the uninsured The SPEAKER pro tempore. Under a has been my life’s work since com- previous order of the House, the gen- b 1545 pleting my residency and returning tleman from Indiana (Mr. BURTON) is The oil giants, Exxon-Mobil and home. I’ve learned that if you don’t recognized for 5 minutes. Royal Dutch/Shell, signed a $50 billion pay attention to costs that it doesn’t (Mr. BURTON of Indiana addressed deal with Iraq to extract oil from the matter how passionate you are for the the House. His remarks will appear Western Qurna oil field, one of Iraq’s uninsured; the fact is that you are un- hereafter in the Extensions of Re- largest oil fields located north of able to achieve your goals. marks.) Rumaila field, west of Basra in south- There are three goals of health re- ern Iraq. Western Qurna is believed to f form, and they’re commonly said to be hold 11 to 15 billion barrels of recover- The SPEAKER pro tempore. Under a controlling cost to provide access to able reserve. This prize of a deal gives previous order of the House, the gen- high-quality care. In the hospital Exxon-Mobil, Shell and their partners tleman from Oregon (Mr. DEFAZIO) is where I work, a safety net hospital, $1.90 per barrel above the current pro- recognized for 5 minutes. they are committed, they are so pas- duction rate of 2.5 million barrels per (Mr. DEFAZIO addressed the House. sionate for the underserved folks who day, and they hope to increase produc- His remarks will appear hereafter in are med techs, physical therapists, the Extensions of Remarks.) tion to 7 million per day over the next 6 years, meaning a windfall of $3.1 bil- ward clerks, physicians and nurses. But f lion per year. the problem is, if there is a budget The SPEAKER pro tempore. Under a Are the lives of our soldiers worth it? shortfall, then inevitably, services suf- previous order of the House, the gen- The giant Exxon Mobil/Shell consor- fer. tleman from Kansas (Mr. MORAN) is tium beat out the other oil giant con- So it doesn’t matter how passionate recognized for 5 minutes. sortiums, led by Russia’s LUKOIL, we are in our service. The fact is that (Mr. MORAN of Kansas addressed the France’s Total and a consortium led by if there are insufficient resources in House. His remarks will appear here- China’s CNPC. Dictators have come the State at the end of the budget year, after in the Extensions of Remarks.) and gone, foreign armies have come then services suffer. It may be that the f and gone, some still remain. nurse staffing has decreased and hos- pital beds are closed so that if some- THE SPOILS OF WAR One thing remains constant about Iraq. Oil is still the big prize. That is body comes to the emergency room, The SPEAKER pro tempore. Under a why American and European oil com- they have to wait in the emergency previous order of the House, the gentle- pany giants going all the way back to room before they’re admitted. And in- woman from Ohio (Ms. KAPTUR) is rec- the Ottoman Empire have coveted con- evitably when that happens, the hos- ognized for 5 minutes. trol of their crude. Cynics would even pital goes into what is called divert, Ms. KAPTUR. In Iraq, after thou- say they have been willing to go to war whereas instead of coming to our hos- sands upon thousands of lost lives and over it. As we observe the continuing pital, they will be diverted to another hundreds of thousands of disabling in- rush to the oil fields by a world that hospital. That’s because if you don’t juries, after a trillion dollars of U.S. must transition to a greener and sus- control cost, inevitably, access and treasure added to our Nation’s debt, tainable energy future, one must ask quality suffer. after an incalculable amount of U.S. the tough question, Are the lives of our Now, I was struck that President prestige being lost, one aspect about noble military going to be expended— Obama agrees with this. President Iraq remains defining: It’s all about oil for how long?—far away from home to Obama continually speaks about the and the spoils of oil across that region. access a resource that is diminishing need to bend the cost curve down, the Exxon, the largest U.S. oil company, globally while America’s Treasury is need to control costs because if we do with profits totaling $40.6 billion in emptied, supporting wars in foreign not control costs, then our economy 2008—a record—just got its first con- places to tap a resource that, by 2050, suffers and the ability to provide care tract inside Iraq. Foreign oil compa- will be gone, never to return again. suffers. Now, it’s one thing to say that nies like Exxon were thrown out of Civilized people should demand more we’re going to control cost in order to that country four decades ago when than fighting resource wars of the past expand access to quality care, but Saddam Hussein nationalized Iraq’s oil for an oil giant’s prizes, for limited re- you’ve got to have a plan on how to get fields. maining time on this planet. It’s time there. Michael Klare, in his prescient book to think hard about where we have ex- There is a company called McKinsey about resource wars, ‘‘Blood and Oil,’’ tended our most precious assets and to & Company, and on their Web site, connects the dots. What a shame our say, It’s time to come home. they have a great article that you can world is so primitive, people brutally f download called ‘‘The Three Impera- fight over diminishing resources as The SPEAKER pro tempore. Under a tives of Health Care Reform.’’ Without global energy extraction giants advan- previous order of the House, the gen- achieving these three imperatives, tage themselves, far from home, in the tleman from Florida (Mr. LINCOLN then, we cannot control cost in a way wake of our soldiers, tapping largesse DIAZ-BALART) is recognized for 5 min- which expands access to quality care. these oil giants covet. utes. Now the three imperatives that they Iraq ranks fourth in global oil re- (Mr. LINCOLN DIAZ-BALART of list are decreasing administrative serves behind Saudi Arabia, Canada, Florida addressed the House. His re- costs, how much money we put into the

VerDate Nov 24 2008 04:07 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.059 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13039 bureaucracy as opposed to patient care, that we have our financial house in Similarly, if someone joins an exer- incentivizing healthy lifestyle. Put dif- order. So to read the article from Reu- cise program or a dietary program if ferently, if people insist on smoking ters: ‘‘Guess what? It turns out the they are overweight and they lose and drinking and if they’re too heavy, Chinese are kind of curious about how weight—now, frankly, as I recall the it doesn’t matter how much we throw President Barack Obama’s health care way it’s structured, is that the person at health care; we will never control reform plans would impact America’s just has to join the smoking cessation cost because we are always try to catch huge fiscal deficit. Government offi- program. They don’t actually have to up with the disease as opposed to pre- cials are using his Asian trip as an op- stop smoking. But just as it turns out, venting it. And, lastly, cost trans- portunity to ask the White House ques- people, if exposed to information, act parency. Someone going in for knee tions. Detailed questions. Boilerplate on that information, and they adjust surgery needs to know how much her assurances that America won’t default their lifestyles. So either by an exer- bill will be before she goes in as op- on its debt or inflate the shortfall away cise program, a dietitian or by smoking posed to learning about it 2 months are apparently not cutting it.’’ cessation programs, by participating in later when she gets the bill. I think it’s important for us as an these, they will lose weight. And It is important for us, therefore, to American people and our country to Safeway has kept their costs for their achieve our goals of cost containment look at the bill that was just passed health insurance constant, whereas to provide access to quality care to that is going over to the Senate and to there has been about a 7 to 10 percent work through these three imperatives. analyze how well does it control costs. inflation rate over the United States. Now, the bill we just passed, H.R. 3962, Are the Chinese correct? The Wash- I just met with a company based in on the face of it does not achieve these ington Post, The New York Times, are my hometown of Baton Rouge, three imperatives. As an example, if their articles correct? Or does it, in- Edelmayer, and Edelmayer has been you are going to decrease administra- deed, actually control costs and every- having about a 10 percent inflation tive costs, you don’t achieve a decrease one else is a little bit confused about rate. But 2 years ago, they instituted a in administrative costs by creating 111 it? program where they first had all their Well, let’s go into that. First, re- new bureaucracies, boards, and com- employees come in for a health assess- member our three imperatives: you ment. Last year they had all their em- missions. It is just laughable to think have to decrease administrative costs, that we are going to put that much ployees come in for a health assess- you have to incentivize healthy life- ment—for example, do you smoke, are more money into administration, build styles, and you have to put in cost that many more buildings, hire that you overweight, but also a physical transparency. Let’s talk about exam. Next year they are putting in, as many more people and at the same incentivizing healthy lifestyles and time say we’re decreasing administra- a covered benefit, a smoking cessation how you do so. Now, as it turns out, program. tive costs. when the President talks about preven- There is very little in the bill that Then 2 years from now—this is a 4- tive medicine, one of the kinds of dirty year process—they are going to de- incentivizes a healthy lifestyle. You little secrets of this—and as a physi- can argue that those provisions in the crease premiums for those that partici- cian, I can say this—if you are talking pate in these smoking cessation pro- bill that address this weaken the cur- about things such as colonoscopy, ac- rent provisions that we’re finding effec- grams. Their premium costs, which tually, if we did a colonoscope on ev- have been increasing 7 percent to 10 tive. And, lastly, there is not a whole erybody over 50, as per the current rec- lot that provides cost transparency. In- percent per year, are projected to only ommendation, it actually costs the rise 3 percent per year when they insti- deed, one of the things that has been system a little bit more. Now, it’s a used to encourage cost transparency is tute the full program. So by putting in good cost. If you find a polyp, remove or incentivizing healthy lifestyles, the use of health savings accounts, and it, and prevent cancer, that is actually now health savings accounts are being they’re going to lower their inflation a very good thing; but it doesn’t save rate to 3 percent per year. taxed, as they have not been before. money. Now, H.R. 3962 actually weakens So it’s not surprising if these three But there are some things you can do these provisions. Republican amend- imperatives are not addressed that we that will save money. If you can get ments offered in committee would have can say that cost is not being con- someone to stop smoking, it actually increased the amount an employee trolled. Now, by the way, it’s not just saves the system money. It also helps could save if she participated in a me who says that costs are not being them in terms of their health. If you wellness program, but these were de- controlled. We have here a quote from can get someone to lose weight, it ac- feated basically on party-line votes. The Washington Post, and we also have tually saves the system money. Gen- Similarly, there is a disassociation in a quote from The Washington Times. eral Motors did a study—they have got H.R. 3962 from what a company can do The Post article says, speaking of this so many employees, they can do this to incentivize healthy lifestyles and bill: ‘‘It does not do enough to control sort of thing—and they found that for how this provision works. costs, and it is not funded in a sustain- every 10 pounds that an employee lost, As an example, H.R. 3962 requires able way.’’ The headline from The New that their health care costs went down that a company pay at least 72.5 per- York Times—I think this was Novem- significantly. If the person had high cent of an employee’s insurance pre- ber 10—‘‘Democrats raise alarms over blood pressure, and they lost 10 pounds, mium. Well, if you’ve got to pay at health bill costs.’’ Democrats are rais- their blood pressure got better. They least 72.5 percent, that limits the ing alarms over the cost of this health required less medicine. If they had dia- amount you can decrease in order to bill. That’s so important because if you betes, the diabetes became easier to incentivize somebody to participate in can look in any health care system, if control or in some cases the diabetes a wellness program. Now, the way you you don’t effectively control costs, would go completely away. could say it is, if someone participates eventually access to quality care suf- Now, there are ways that you can in a wellness program, you would pay fers. incentivize a healthy lifestyle. Under 72.5 percent, but if they do not, you are I have been living this for 20 years. In current law, companies are allowed to allowed to decrease your contribution my life, I know this to be true. So here decrease by up to 20 percent the pre- to 68 percent. we see from a couple different sources, miums they charge their employees if The Post and The Times, that this bill the employee participates in a wellness b 1600 does not do enough to control costs. program. So, for example, Safeway, Now, remember, I’m not saying they Now, it turns out it isn’t just The which is a large grocery store chain have to stop smoking; I’m just saying Post and The Times that have such across the United States, had a pro- they have to participate in the concerns. There is an article in Reu- gram where they will decrease their wellness program to stop smoking. So ters, and Reuters says that China is premiums by 20 percent for those em- there’s a key difference. Some people now questioning the cost of our U.S. ployees who participate and attend a will not be able to, but most people, if health care reform. Since China buys smoking cessation program. When they given the facts, will be able to do so. So so much of our debt, it turns out they do so, they find that people—surprise, if one of our three imperatives of low- have a vested interest in making sure surprise—stop smoking. ering health care cost is to incentivize

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.066 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13040 CONGRESSIONAL RECORD — HOUSE November 17, 2009 healthy lifestyles, we actually see In addition, the CMS study gives a end of the year, if you have money left some of the programs which are now clearer cost estimate than the one pre- over, instead of losing it, it rolls over working well are gutted or made less viously given by the Congressional until the next year. Or, if you have a able to work effectively under the bill Budget Office. According to the CBO, family member whose costs are exces- that we just passed. the 10-year cost of the plan was $894 sive, you can donate portions of your Now, we’re never going to control billion. But the analysis included ear- health savings account to your family cost if we do not incentivize a healthy lier years of very little government member. lifestyle. As a physician, I will tell you spending. According to the Center for And so, with that money, it is money that part of what is driving the cost of Medicaid and Medicare Services, the that you are incentivized to spend health care in the United States is the House approach will cost $1 trillion wisely. I’ll give you an example. Two cost associated with diabetes, high from 2013 to 2019, or some $140 billion a patients come to mind, or three pa- blood pressure, heart attack and year when put into effect. tients. There’s one patient who’s got a stroke. The prevalence of these dis- So, in 7 years, it will cost $1 trillion. traditional insurance policy, and a eases is so much more in our country Clearly, if the goals of health care re- very nice woman. And she’s got an ex- relative to Europe that there’s at least form are to control costs so that we pensive policy but she’s a woman of one article out there that suggests that can expand access to quality care, ac- means and she can afford it. And she the entirety of the cost differential be- cording to our government, the Chinese says, I never look at the bill. If the tween the United States and Europe is government, two prestigious news- doctor writes me a generic or a name because the increased expense of treat- papers, this bill did not do so. What brand drug I don’t care. My insurance ing these diseases such as diabetes, hy- does it do? Well, one thing it does is it pays for it. When I get a bill from the pertension, high cholesterol, stroke, takes power away from patients and it hospital, I don’t look at it. The insur- heart disease; they all kind of go under turns it over to the Federal Govern- ance pays for it. the term of a metabolic syndrome, if ment. Now, it’s going to sound like And so, because the insurance pays I’m allowed to speak like a physician. rhetoric, so let me elaborate. Again, as for everything, she likes her insurance And so if we’re not going to get a a physician who’s worked for 20 years policy, but she’s got the money to pay handle on these, if we’re not going to with the uninsured, I’ve learned that for it. Contrast that with someone like incentivize a healthy lifestyle so that when you put the patient in the middle the gentleman I’m about to describe. we’re not treating the disease on the of process, if you say the most impor- We’re talking about health savings ac- back end, as opposed to preventing it tant person here is the patient, then counts. He goes, I have a health sav- on the front end, then we will never actually, you tend to lower costs and ings account. I went to my doctor and achieve one of our principle three have healthier patients. my doctor wrote me a prescription for goals, which is to control cost, because, If you think about it, that program a medicine that I knew by experience again, working in a public hospital for which lowers someone’s premiums 20 would cost $159. Now, notice, he didn’t 20 years, I’ve learned, if you do not percent if she participates in a wellness say $160. He said $159, because he’s pay- control cost, you do not have the ade- program, it puts the responsibility for ing for this out of his account. And he quate resources to expand access to someone’s health on the person with said, my doctor wrote me for this medi- quality care. And according to the the greatest ability to make a change— cine for $159. I said, Doc, I have a independent sources, The Washington that is the patient. If she is financially health savings account. Do you mind Post, The New York Times, China, this rewarded for having a healthier life- writing me for something cheaper? And cost, this bill before us has significant style, as it turns out she’ll have a the physician said, I’m sorry. You have issues as regards its ability to control healthier lifestyle. We, as a society— an HSA, and he tore up that prescrip- costs. not only will she be healthier, she will tion and he wrote him for a generic. Indeed, Centers for Medicare and have lower costs and, frankly, those Now, you can say, why didn’t the Medicaid Services, called CMS, the lower costs, among millions of pa- doctor write for the generic in the first Federal government’s already paying tients, if you will, lowers the cost for place? He probably should have. On the for Medicare, which is the health care the system. other hand, who is most responsible for program for folks 65 and above, and a There’s one way to explain this. an individual’s health? The person large amount of money for Medicaid, There’s something in the Republican most responsible for an individual’s which is the State Federal program for proposals called health savings ac- health is that individual. And so, just the poor in each State. And there is a counts. Now, in a health savings ac- like if I were to go to Target or Wal- new study, the Centers For Medicare count, you put the patient in the mid- Mart and say, okay, I’m going to buy and Medicaid Services, that finds that dle of the process in the following fash- school uniforms for my children, it’s the health care reform bill recently ion: A health savings account takes the really not Target’s responsibility to passed in the House of Representatives money that a family would normally prove to me that they are cheaper than will increase health care spending to spend for a health care premium. It Wal-Mart. It’s my responsibility to see 21.3 percent of our Gross Domestic sluices off a portion of it and puts it who’s cheaper and then to go to the Product, compared to 20.8 percent into a bank account. So if with a tradi- place that gives me the best value for under current law, bending the curve tional insurance policy, at the begin- my money. the wrong way. ning of the year, a family of four puts So it puts the responsibility where If the President says that if we do up $12,000, if at the end of the year probably it most rightfully should be. nothing the status quo is such that they’ve not seen a doctor, well, they’ve And frankly, with that responsibility, costs will double, as it turns out, under put up another $12,000 for the next the man responded. Instead of getting a the reform package passed a week ago year. At the end of the year they put medicine that costs $159, he got a medi- in this Chamber, costs more than dou- up another 12,000, and every year they cine that cost $20. The system saved ble. As crazy as it sounds, the reform put up another 12,000. In a health sav- $139. If you multiply that across the bill we passed, according to the inde- ings account you sluice off a portion, millions of transactions, then this sys- pendent Centers For Medicare and and you put it into an account. tem saves millions and even billions of Medicaid Services, the reform bill costs Now, that money comes from the dollars. more than the status quo. And I keep money you’d ordinarily be spending for Now, we have just gone from the saying that because the President said a premium. But instead of spending it anecdote of an individual patient. Let’s we’ve got to have reform to control for a premium, you put it in this bank talk about a study. Kaiser Family costs. And according to the Federal account. And instead of asking the in- Foundation, a little bit of a left of cen- Government, our reform costs more surance company to pay for a flu shot, ter group, but a good group, did a study than the status quo. At a minimum, re- you pay for it out of your bank ac- where they compared the cost for a form should not cost more than the count. Instead of asking for the insur- family of four which had a health sav- status quo. We shouldn’t bend the ance company to pay for your arthritis ings account with a catastrophic policy curve the wrong way. We should bend medicine, you’d pay for it out of your on top, so if they have a terrible illness the curve the right way. bank account. The advantage is, at the like a liver transplant that exceeded

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.068 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13041 the amount of money in their account, and that is a health savings account, percent of people with HSAs and cata- the catastrophic policy picks it up on where you lift the deductible of the strophic policies were previously unin- the top end. They compared it with the policy to a higher level, saving a pre- sured. cost of a traditional insurance policy mium cost, but then, in turn, put the And so as I know—and I’ll yield back for a family of four. They found that incremental increase that comes up to now—your business is a service busi- the family of four, with the HSA, the what the premium would be into a ness so I assume that people are of health savings account, and the cata- health savings account. So we began moderate income, and yet this is the strophic policy on top, they found that that about 6 years ago. We brought the policy that they have all chosen. So that family’s cost of that HSA and cat- deductible up to about $3,000. And em- unless you tell me that all of these astrophic policy was 30 percent cheaper ployees would get as much as $50 a folks are wealthy, I will assume indeed than the cost of the traditional insur- month put into their health savings ac- this is something that works for mid- ance policy for a family of four. And counts where they could purchase any dle America. they found that both families used pre- health care service or item they need- Mr. FLEMING. This is a fast food ventive services as frequently. ed, pretax. business. It’s a steep pyramid which So what we have here, if our goals of means you have a wide base of entry- b 1615 health care reform are to control cost, level employees and then middle man- to expand access to quality care by In explaining this to my employees, agement and then just a few high-in- lowering premiums, the Kaiser Family however, as we gathered together, I come folks. Remember, the employer is Foundation found that the family with wanted to make sure everyone was on putting the money into the health sav- the HSA and catastrophic policy, their the same page. I suggested to them ings account. That doesn’t mean that policy costs were 30 percent cheaper that this was the way we probably the patient or employee can’t also put compared to traditional insurance. would want to go, but I wanted to get some money in, but the lion’s share They also found that 27 percent of the input as to what their concerns was put in by us. And now after 6 years those people who had an HSA and a might be. or so, those who have taken good care catastrophic policy were previously un- We had a lady who said, ‘‘Well, you of their health and not wasted the insured; that 50 percent of people with know, the problem with this is my in- health care dollars now have saved as these sorts of policies had family in- halers. If I have to pay for them out of much as $15- to $20,000 in their family comes of $50,000 or less, and that about my pocket or my health savings ac- health savings account which is triple, 60 percent of such families had family count each month, it is going to cost if not quadruple, what the deductible is incomes of $70,000 or less. me $100, maybe $150 a month. And true on their health policy. So, by controlling cost, the HSA cat- enough, this would come out of my Mr. CASSIDY. So what you’ve told astrophic policy, 30 percent cheaper, by health savings account, but I don’t me is that families have been controlling cost, those people who were know that my health savings account incentivized to be wise with their previously uninsured, 27 percent of the would be able to withstand that.’’ health care dollars, and at the end of folks with these HSAs were previously So I said to her, ‘‘Well, let’s think every year, instead of losing that dol- uninsured, were able to now purchase this through. Perhaps you should con- lar, it rolls over and it accumulates. insurance, and with this insurance sider doing a smoking cessation pro- Now they put that much less money for they access preventive services as fre- gram, stop smoking altogether. You the following year. For those par- quently as those with traditional poli- could throw away all of your inhalers; ticular families, their cost of insur- cies. So the goals of reform were you would save money on the ciga- ance, if you will, is decreasing annu- achieved. Lowered cost, expanded ac- rettes; you would save money on the ally, I would assume. cess to quality care. money accumulating in your health Mr. FLEMING. Of course the pre- I’ve been joined by a colleague of savings account.’’ miums stay even. But what happens is mine who is also a physician, a family Mr. CASSIDY. If the gentleman will the cash accumulates and it accumu- physician, also a small businessman. yield. lates to the point where there is essen- And Dr. FLEMING, we’re discussing Mr. FLEMING. Sure. tially no deductible, no copayment. costs and how control of cost is so es- Mr. CASSIDY. By connecting her Whatever health care needs you have, sential to expanding access to quality with costs, if you will, you are there is always plenty of money in the care. Do you mind sharing the anec- incentivizing a healthy lifestyle. bank. dote of that employee, when your Mr. FLEMING. Basically, you’re ab- What’s also interesting is for what- group went to HSAs, because I want to solutely right, Dr. CASSIDY. What we ever reason you get out of that plan show how the two things I’ve discussed are really doing is saving her money and went to something else—let’s say so far have been how you can and saving her life because there is no you hit 65, you went to Medicare; let’s incentivize healthy lifestyles and con- question there is direct correlation, an say you just decided you didn’t want to trol costs by decreasing premiums, if inverse correlation, between the use of have insurance anymore, whatever rea- you will, and also how health savings tobacco and health. By the same con- son—you still keep that money. It is accounts, by directly connecting peo- text, if you stop smoking, then life still there for you for health care ple with costs, can also be cost savings. span increases. needs. And you can use it indefinitely Your anecdote combines those two. So we found in very real terms that no matter what other health plan you Can I ask you to share that? it saved premium costs—both to the might be on. Mr. FLEMING. Sure. I thank the employer and to the patient—by in- Mr. CASSIDY. If I can contrast your gentleman, Dr. CASSIDY, my colleague stilling the health savings account and patient-centered approach where you from Louisiana for doing a Special attaching behavior with costs. And put the patient responsible, the person Order today, an opportunity to speak even today, we received notice on our most responsible—the patient, your on that very subject. Yes. What you’re most recent new policy for the coming employee—in charge of the dollars she referring to is a case in which my com- year. The increase was 31⁄2 percent, would spend for her health care and in panies, my nonmedical companies, see- which is really amazing when it comes so doing she responded in rational eco- ing health care premiums rising an av- to health insurance policies. nomic way. She didn’t want to spend erage of 10 to 15 percent per year, we Mr. CASSIDY. If the gentleman will money on inhalers so she stopped found that to be an unsustainable in- yield. smoking, so therefore she stopped crease. And we began to analyze what You said that all of your employees needing inhalers and the whole system are the choices, what are the options. in your group are on health savings ac- saved money. Maybe we would pay less of the pre- counts now? Contrast that with the bill that we miums, perhaps we would just stop in- Mr. FLEMING. Yes. passed a week ago in which now there surance all together. We really weren’t Mr. CASSIDY. We sometimes hear is going to be a tax on health savings sure what we could do. that health savings accounts are only accounts. And then I recall something that at for the wealthy, yet you’ve heard me So the example I gave, if I may con- that time was a brand new concept, quote that study that found that 27 tinue, is where the patient asked for an

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.069 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13042 CONGRESSIONAL RECORD — HOUSE November 17, 2009 over-the-counter generic instead of the employer-mandate tax; $33 billion indi- Mr. CASSIDY. I see we’ve been joined prescription medicine knowing that vidual mandate tax. You mentioned by Congressman SCALISE. I will yield to the one was as good as the other, and how you are a small businessman as the gentleman from Louisiana. one costs $20, one cost $39, and yet now well as a physician. Before doing so, I’ll say we have been by the bill that was passed by our col- I am going to yield to you and ask discussing costs; how the Washington leagues on the Democratic side of the you if you can comment on how these Post, New York Times, the Chinese aisle, we are now going to tax the pur- taxes would affect you as a small busi- Government, Centers for Medicare & chase of over-the-counter medicines ness person. Medicaid Services have all expressed when that purchase is made with a Mr. FLEMING. It would have a tre- doubts that this bill will control costs. health savings account. It seems like mendous negative impact. First of all, And frankly in fairness there were 39 we’re going backwards in terms of if for whatever reason—let me back up Democrats that voted against this bill. incentivizing people to use less costly a second. Some of them also expressed concerns drugs. This health care bill provides that regarding this cost. I yield to the gentleman. whether it is a public option, a govern- I’d like to yield to you for your Mr. FLEMING. Congressman ment-run insurance, or whether it’s a thoughts, please. CASSIDY, I have looked at this for many private insurance plan, they all have to Mr. SCALISE. I want to thank my years in terms of being a family physi- go through an exchange and meet cer- colleague from Baton Rouge—in fact, cian figuring out how to get the best tain minimum requirements and cer- both doctors from Louisiana who have cost care to a patient delivered—and I tifications. Every constituency out exhibited so much leadership on this am sure you have in your specialist there is going to be knocking on our broader issue of health care reform. role—but also as a business. And I have doors in Washington wanting their But I think, as you’ve pointed out, concluded over the years there are only aroma therapies, their massage thera- what so many Americans are finding two ways to control costs in a health pies, and everything else which is going out now as they are looking at more care system: either you do as we just to make the minimum requirements go and more of the details of that 1,990- discussed, you have the doctor and the up and, therefore, the cost. page bill that we opposed but unfortu- patient have a stake in the cost con- I, as a small business owner, when I nately passed the House a week and a trols for themselves or at least particu- am having to decide about purchasing half ago, is they’re realizing not only larly for the patient, in which case as these required minimums and man- all of the taxes, as you pointed out, a dividend; you have cost savings dates, at some point I may say I can’t over $700 billion new taxes that would throughout the system; or you create a afford it, in which case I will have to cripple small businesses and families, giant, highly bureaucratic system that opt out of the health care plan but I the $500 billion in cuts to Medicare engineers, micromanages life behaviors will still have to pay an 8 percent of that our seniors know will lead ulti- from top to bottom in which there is payroll tax or up to 8 percent payroll mately to rationing of health care and no connection between a patient and tax. other devastating consequences. his or her behavior—or cost, for that So even not covering my employees When this whole debate started, it matter—and for that system to be ef- will lead to higher costs. And as soon was about lowering costs of health fective—because we see an exponential as my costs go up, my profits go down, care. Now they’re realizing that Speak- growth in consumer purchase behav- my ability to sustain business will er PELOSI’s 1,990-page government ior—and the infinite desire for value fade, and the first thing I will have to takeover of health care will actually coming out of the system, whoever is do is lay people off or certainly not lead to increased cost for health care, putting the money in it, we as con- hire people. which is the ultimate irony and really sumers always want to get as much out Mr. CASSIDY. So lay people off. It is the ultimate kick in the teeth to the of a system as we can, especially when projected, I see, using the methodology American people who want—as we we are not putting anything into it. of the White House Council on Eco- want—real health care reform to lower When you have that scenario, then it nomic Advisors, that the tax hike, $730 cost. puts an intense demand on the control- billion in tax hikes to address this In fact, the alternative bill that we ling entity which in this case is the cost—which, by the way, inadequately presented here on the House floor Federal Government. It puts an intense addresses it—would kill 5.5 million where we had a record vote here on the pressure and burden to figure out ways American jobs. House floor that same day that Speak- of controlling costs, and there is only Mr. FLEMING. If the gentleman er PELOSI’s bill passed, our bill actu- one way at that point to do it: that is would yield for one other point on that. ally would have reduced health care long lines and rationing. That is the The taxes on the business doesn’t cost by 10 percent scored by the Con- only way any system of that size has stop there. With the Bush tax cuts ex- gressional Budget Office, would have been able to control costs. piring very soon, the marginal tax had no absolutely no tax increases, no Mr. CASSIDY. Now, on the other rates will go up from 35 to 39 percent cuts to Medicare; but on the other side, hand—let’s be fair to this bill—it does and then this bill provides for another we’re seeing more and more now how attempt to pay for its exploding costs. excise tax of over 5 percent. So mar- many costs are now increasing. In fact, Before you walked in, I mentioned ginal tax rates on small business own- we just saw a report come out earlier the Centers for Medicare and Medicaid ers will increase from 35 percent to 45 this week that showed that prescrip- Services found that the bill that was percent plus the 8 percent that we tion drug prices have increased this passed—although 39 Democrats joined talked about, taxes that will occur on year by 10 percent because some of Republicans in opposing it, it still payroll even if the employer does not these drug companies that supposedly passed on basically a party-line vote— have or are able to purchase health are going to help out with lowering that because of that bill, health care care insurance. costs, what they did was they jacked spending will increase to 21.3 percent of So just an explosion of costs without up their costs 10 percent this year to our GDP compared to current law; 20.8 any return on investment. And there- accommodate for the increased cost percent would be under current law. fore, the business owner, in order to re- down the road by Speaker PELOSI’s And bending the cost curve the wrong main competitive, will have to reduce government takeover. way, if you will, or bending the cost his workforce. So not only are all of our families curve up, we are yanking on that thing. Mr. CASSIDY. So there’s mandates across this country that have health But on the other hand, they do attempt on businesses and individuals, there is care that they like, realizing that the to pay for it. a loss of freedom; there’s $730 billion in bill will actually take away, poten- If the gentleman will allow me to go new taxes, and there’s 5.5 million tially, their health care, it will also forward. They are creating $730 billion American jobs lost. lead to higher health care costs overall in tax hikes. Some people have called Mr. FLEMING. Yes. and even higher prescription drug this a tax bill disguised as a health Mr. CASSIDY. That is a trifecta of costs. So it is really a double whammy care bill: $460 billion tax on small busi- disaster. for American families who were expect- nesses and high earners; $135 billion Mr. FLEMING. Absolutely. ing something completely different

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.071 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13043 from this Democratically controlled One is to do what this bill that just that doesn’t exist. And all of a sudden Congress. passed does, and that is to say we are we have a mandate by increasing Med- Unfortunately what they’re seeing is going to cover as many people as we icaid from 100 percent of poverty to 150 a 1,990-page government takeover of can and we will worry about costs later percent of poverty. health care that raises taxes, cuts on. Another would be to attack cost Mr. CASSIDY. Reclaiming my time, Medicare, and they’ll increase costs for first, create a more efficient system, just for those watching who are not fa- health care, which is just the opposite such as we talked about a little earlier, miliar with Medicaid, Medicaid is the of what Americans were promised. and then organically you are able to program where States put up some So it is a very big disappointment as cover more people because there is money and the Federal Government more details come out. Hopefully, we more money to go around. puts up other money and it covers the can stop this from actually becoming So I really am concerned that we poor. Right now in many States they law so that we can do real health care have started off in the wrong direction are either having to raise taxes to reform to address pre-existing condi- here. Of course, the Senate has some cover the cost of it or cut back services tions, to bring in more competition so kind of bill, although we haven’t seen to the poor. And yet what this bill does families can buy across State lines, the details of it from the majority is says that you shall, the States shall have true competition, have port- leader, but I think it still attacks this increase the percent of their popu- ability to take their health care with whole problem in a sort of government lation that they are paying for medical them, and have medical liability re- takeover way. services with Medicaid. The Federal form which we actually put in our bill If you look at the statistics, Mr. Government will pay for a portion of which would have reduced costs saving Speaker, what you find is that the that, but not all, and the State tax- American families millions and mil- American people oppose, and it depends payer has to pay the rest. lions of dollars every year. on which poll you look at, but either In our State, Louisiana, it is esti- by a slim margin or by a large margin, mated that will cost $610 million extra b 1630 they oppose the government takeover State dollars that will come out of Mr. CASSIDY. There are a couple of of health care. The American people roads and highways and schools. I ironies here. One irony is that we were get it. Republicans in the House and in think Schwarzenegger in California told we had to do this to control costs, the Senate get it, so why can’t the said $6 billion for California. yet we see it does not do enough to White House and the Democrats in Mr. FLEMING. Yes, and that money control costs. The GDP amount going Congress get that government has is not going to come off the backs of to health care will be more under this never proven to run anything well our children and grandchildren as it bill. when it comes to a business-like, cost- does here in Washington. That is going The other irony, we were told we had effective, and efficient manner. So why to come directly out of taxpayer pock- to do this to preserve jobs, yet it is es- are we going to take over one-sixth of ets. That is going to be roads that timated that we will lose 5.5 million the economy and do just that? aren’t going to be built, bridges that jobs related to the $730 billion in taxes Mr. CASSIDY. I think that was the aren’t going to be built, projects that in this bill. message from the town hall meetings aren’t going to go forward, things that Mr. SCALISE. On that issue of jobs, in August. In August, the people spoke. would stimulate job production. That we are seeing more and more on the They came out in droves to say we is money sucked out of the economy. stimulus bill, the so-called stimulus want reform, but we want reform that And remember, as you expand Med- bill that we also opposed, a bill that doesn’t concentrate power in Wash- icaid to higher and higher income lev- added another $787 billion to our na- ington, DC, doesn’t raise taxes by $737 els, you are pulling people off of pri- tional debt, was completely financed billion and still does not do enough to vate insurance where premiums are on the backs of our children and grand- control costs, doesn’t kill 5.5 million being paid by employers and the fami- children. I noticed and I am sure my jobs. No, we want something which you lies, to some extent. You are pulling colleagues from Louisiana will be and I would call patient centered, them into Medicaid which is now 100 happy to find out, when you go to the something which recognizes there is a percent government paid for. And White House’s Web site, Louisiana has heck of a lot of money in the system again, we are concentrating power in 15 different congressional districts and now. If we just create the economic the government and cost on top of the they talk about the jobs that were cre- model in which people are incentivized, taxpayer, really a terrible combination ated by the stimulus bill in Louisiana’s as your employee was, to live a of things in an era where we are look- Eighth Congressional District, and the healthier lifestyle, thereby saving her ing at pushing above a $12 trillion limit only problem, and you are laughing and the system money, thereby saving where our deficit spending has quad- and it is almost comical, while they small businesses money, we can accom- rupled within 1 year, where even the talk about on the White House’s Web plish something. Chinese who lend us the money we live site all of the jobs created by the stim- So I think the American people spoke off, our credit card, if you will, have ulus bill in Louisiana’s Eighth Con- loudly and clearly in August. The only become terrified of our spending as gressional District, Louisiana only has question is will they be heard. well. I don’t know where this ends, Mr. seven congressional districts. In fact, I will compliment my Democratic Speaker. when we looked across other States, we colleagues. Thirty-nine of them heard Mr. CASSIDY. I think people back were seeing the same exact thing. and joined with Republicans voting home are concerned that in this Cham- So there is a whole lot of not only de- against this bill which sacrifices per- ber we are too partisan. That is why I ception, but fraudulent numbers being sonal freedom, which increases taxes am trying to make it a point to not reported on the White House’s own Web by $737 billion, which is estimated to speak from a Republican viewpoint, site about jobs that were created in cost 5.5 million jobs and still does not but to quote The Washington Post and districts that don’t even exist in this control costs. So I think the American The New York Times, which says that country. And it was using money that people are, frankly, where you and I this bill does not do enough to control doesn’t exist because it was borrowed are. costs. To quote the Centers for Medi- from our children and grandchildren. Mr. FLEMING. We covered the cost care & Medicaid Services, which is a Mr. FLEMING. I want to add that ap- that is going to occur to small busi- Federal agency: In aggregate, we esti- parently Puerto Rico and, I believe, nesses and to individuals, perhaps mate that for the calendar years 2010 Guam or Northern Mariana Islands had those who opt out of insurance, having through 2019, national health expendi- the 99th District, which I don’t think to pay 2.5 percent of their adjusted tures will increase by almost $290 bil- they have but one district, but they are gross income or a $250,000 fine or 5 lion. already up to 99th District with all of years in prison. But what about the Most of the provisions in H.R. 3962 the jobs, the fake jobs, the artificial States? You know, the States, Mr. that were designed in part to reduce jobs that were created. Speaker, cannot have legal counter- the rate of growth and health care There is really, again, a two-tiered feiting of money the way we in Con- costs would have relatively small sav- approach to increasing aspects to care. gress do. They can’t create a currency ings.

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.073 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13044 CONGRESSIONAL RECORD — HOUSE November 17, 2009 Again, some of my colleagues, Demo- one and expands the other. So two seek value. In so doing, you lower the crats, said: I fear this bill will not re- going bankrupt or bankrupting will be administrative costs. You kind of cut duce long-term costs and our debt and saved by a third which builds upon the insurance company out of the deal deficits will suffer and balloon in the those first two. because now she has her own account, years ahead. To go back to Scripture, you are and she doesn’t have to submit a pay- Another Democrat colleague: My pri- building a house upon a foundation of ment claim. She just pays for it with a mary concerns have been that the leg- sand. In this case, it is a fiscal founda- debit card. islation does little to bring down out- tion of sand which should concern us, You can control costs in a patient- of-control health care costs, which is as it concerns newspapers like the Post centered way, one that incentivizes a what burdens families and small busi- and the Times which wonder if it does healthy lifestyle. And in so doing, the nesses and also leads to our sky- enough to control costs. patient becomes healthier; and by be- rocketing budget deficits. Mr. FLEMING. It is clear that all of coming healthier, you control costs, The Congressional Budget Office, an these things—Medicare that exists not by 111 different bureaucracies, independent agency, says that the cost today, running out of money; Social boards, and commissions. It stays with has grown at about 8 percent per year, Security that exists today, running out conservative values of individual re- which more than doubles cost. If you of money; Medicaid already out of sponsibility, limited government, and compound 8 percent per year, when the money and bankrupting States; jobs, free enterprise. It actually works in President says the cost of doing noth- killing jobs, and jobs are what keep our this segment of our economy as it does ing is that the cost will double, in this current health plans in place; $13 tril- in every other segment. case the cost of doing this something, lion in debt and rising—many, many I yield. costs will more than double, according dollars spent right here in this House Mr. FLEMING. I thank the gen- to the Congressional Budget Office. that we have absolutely no way of pay- tleman. I absolutely agree. And, again, On balance, during the decade fol- ing for, and we see a confluence of it looks like, from what you’ve pre- lowing the 10-year period, the bill events here, costs that are coming rap- sented today, The New York Times, would increase Federal outlays for idly together that very quickly just The Washington Post, and I read today health care and the Federal budgetary the interest alone will begin to squeeze from Reuters, and CMS just came out— commitment to health care relative to out all of the other services that we all of these groups, very nonpartisan in the current amount. That does not in- look to government to help us with, many cases, and certainly no one can clude the State dollars that we have like common defense. say that The New York Times is a Re- been referring to. What are we going to do when we publican or even conservative publica- Mr. FLEMING. What we are talking don’t have the money to protect our tion—all of these groups, these publica- about may sound theoretical, but we country both internally and exter- tions, these boards, editors are coming actually have a model by which, on a nally? What are we going to do when out with great anxiety over the cost of much more microscopic level—we actu- we don’t have money for some of the this. ally have many, but one that I think is programs that we use as kind of a safe- And you might say, well, why are the best is Medicare itself. Medicare is ty net for Americans today who don’t they complaining after the fact? Well, a government-run health care program. make enough to live off of, or used to remember that we debated for weeks Those who are served by it like it, but be employed but became unemployed on H.R. 3200, but we only had 1 day there is a good reason why they like it, because of our spending? What are we really to vote on H.R. 3962, which real- because they get a lot more out of it going to do? We have to change direc- ly doubled in size and doubled the num- than what they actually put into it. It tion. ber of bureaucracies virtually over- is heavily subsidized in different ways. I just spoke at a TEA party this night. And I think now that all the It is running out of money. I believe weekend, and people are absolutely— celebration is over in the House, we the estimate today is that it will be they are past angry. They are actually may have a little hangover going for- completely out of money in 8 years. terrified at this point. ward. The cost today, the annual cost of You mentioned, Dr. CASSIDY, this Mr. CASSIDY. I think that people Medicare is exponentially greater, summer, all of the town halls, and of are waking up. Again, if we’re going to magnitudes greater than the estimates course TEA parties have sprung up dur- achieve our goals of reform for all, ever were in the past. It has always run ing that period of time. I think we have health care accessible and at affordable much higher in cost than was ever pre- to look at that as sort of the canary in costs, you can’t have it with a program dicted. And yet, we somehow think we the mine shaft. That is the early warn- which drives up costs and drives up are going to be able to take a much ing sign that the citizenry out there is costs despite the high taxes and the larger health care system controlled by fed up with the irresponsible spending loss of jobs. So we’re not through yet. a much larger governmental set of that we are doing here. It is time we The American people still have time to agencies, 111 new bureaucracies and begin to look at reinstating individual weigh in on this, to weigh in as the bill mandates, and that what we couldn’t choice and individual freedom rather goes through the Senate side and then do with a much smaller system that than the government controlling and comes back to conference. was a lot less complex, somehow we are micromanaging our individual lives But what I challenge the American going to miraculously do with a much and taking our own money away from people to do is to do as they did in Au- bigger, more costly system. And even if us to give back to us in order to con- gust, to contact those Representatives it didn’t, we don’t have the money as it trol us. that voted for this bill and express is. We are living on our future, our de- Mr. CASSIDY. I think the point just their concern regarding the cost, the scendants, if you will. We are living off hit upon, we all want reform and we taxes, the loss of jobs, but also to con- their dime at this point. know the goals of reform are to control tact their Senators and to say that Mr. CASSIDY. We have spoken about cost and to expand access to quality they want reform, but they want re- the irony, about how the bill we have care. form that doesn’t kill jobs, raise taxes, to pass in order to control costs is Now, there are some who think that or deprive us of personal freedom. I more expensive than status quo. We to do that you have to sacrifice free- think in that way we can have a bill spoke about the irony about the bill we doms, you have to raise taxes, kill jobs which serves the American people had to pass to rescue jobs will cost 5.5 and still not control costs. without sacrificing our values. million American jobs. f There is another irony here. Medi- b 1645 care, a great program but going bank- But you and I know from our prac- REPORT ON RESOLUTION PRO- rupt in 7 years, according to the folks tice and our life experience that you VIDING FOR CONSIDERATION OF that run it; Medicaid, another Federal can do it differently. You can actually H.R. 2781, MOLALLA RIVER WILD program which is bankrupting States, increase freedom by giving that person AND SCENIC RIVERS ACT is now going to be rescued by a third the ability to control her account that Mr. ARCURI, from the Committee on public program which is based upon the she can use to spend or not spend, to Rules (during the Special Order of Mr.

VerDate Nov 24 2008 04:51 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.075 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13045 CASSIDY), submitted a privileged report all in this together. I recognize that. the following year. And we will con- (Rept. No. 111–339) on the resolution (H. But you can’t cause all these problems, tinue down a road where this continues Res. 908) providing for consideration of because the Republicans controlled the to eat up the whole family budget. the bill (H.R. 2781) to amend the Wild House, Republicans controlled the Sen- I have a member of my staff who has and Scenic Rivers Act to designate seg- ate, Republicans controlled the White an Aetna 7–D health care plan. In 2007 ments of the Molalla River in Oregon, House, Republicans controlled the Su- his copay was $237 a month. In 2008 it as components of the National Wild preme Court. They pulled every lever went up 22 percent. In 2009 it went up and Scenic Rivers System, and for of government, ran up the deficit, ran 9.7 percent. And in 2010 it went up 80 other purposes, which was referred to up the debt, started two wars, blowing percent. Now, this is a Federal em- the House Calendar and ordered to be money left and right, giving tax cuts to ployee; and this is happening all printed. the wealthiest, and then we wonder throughout our economy, all through- f why we ended up where we are today. out our country. So from 2007 to 2010, a 142 percent increase for Gene Crockett REPORT ON RESOLUTION PRO- No regulation of Wall Street. The econ- from Niles, Ohio. VIDING FOR CONSIDERATION OF omy collapses. Tax revenues go down. Now, I’m not saying that what we Now, our friends on the other side: H.R. 3791, FIRE GRANTS REAU- have done over the last 8 or 9 months just keep doing what we’re doing, THORIZATION ACT OF 2009 has been to wave some magic wand and things are okay, things are fine, we’ll Mr. ARCURI, from the Committee on all of these problems have gone away. I get to it. Rules (during the Special Order of Mr. represent northeast Ohio. Our unem- This is change. And this is obviously CASSIDY), submitted a privileged report ployment rate is at 15 percent in some a difficult process, but we are moving (Rept. No. 111–340) on the resolution (H. of our cities. But we can say very ob- forward, and it passed the House in a Res. 909) providing for consideration of jectively that the money that was historic vote here a couple of weeks the bill (H.R. 3791) to amend sections 33 spent going to Wall Street, the stim- ago, and we will continue moving in and 34 of the Federal Fire Prevention ulus package has at least stepped us that direction so that the Gene Crock- and Control Act of 1974, and for other away from the cliff that we were on— etts of the world and the average peo- purposes, which was referred to the and we were on a cliff ready to fall off ple around the country who see this House Calendar and ordered to be as a country—as an economy we have eating up more and more of their budg- printed. been able to stabilize that. et will get some relief. f Now, I’m not happy with what the I was amazed over the last week I HEALTH CARE REFORM banks are doing. I don’t think anybody was home when I’d be at a restaurant is. I think it’s important to move more and people, real quiet, would kind of The SPEAKER pro tempore (Mr. money back to community banks and look at me and say, Thanks for your MCMAHON). Under the Speaker’s an- let’s stimulate lending at the local vote on health care, Congressman. You nounced policy of January 6, 2009, the level. That’s how we’re going to re- know, real quiet. And that’s how this gentleman from Ohio (Mr. RYAN) is rec- debate has been in this country. And ognized for 60 minutes as the designee charge and revive our economy. And the polls are bearing it out. The AARP of the majority leader. that would be the direction that ulti- poll that just came out showed signifi- Mr. RYAN of Ohio. Mr. Speaker, I ap- mately we need to go in. preciate the opportunity to try to clear But you certainly can see that we cant support for this. Another poll I the record here a bit and talk a little were losing jobs at 700,000 a month and was just looking at a little bit earlier, bit about our health care reform pro- now we’re still losing jobs, still too significant support for some of these posal that passed the House of Rep- many; but it’s at 200,000-plus a month. provisions, because we take care of the resentatives a little more than a week So we’re at least trending in the right bread-and-butter issues of the health ago and talk about the benefits to the direction. care situation we have in this country. American people. But I’ve got to tell you, Mr. Speaker, If you’re a kid or you’re 27 years old I would like to respond to a couple of I get a real kick out of these fellows on or younger, if this reform passes, if the concerns that were made by the the other side who caused all of these some of these provisions in the House other side over the course of the last problems and then now complain how version stay in, if you’re 27 years old or hour. It’s very interesting to me be- we’re trying to fix them. under, you can stay on your parents’ cause I was here over the last 7 years And make no mistake: this discus- insurance. If you have ever been denied and was here during the last part of the sion about health care, as our friends insurance coverage because you have Bush administration. I was here 2002, earlier were talking about, their as- some preexisting condition, this reform 2003, 2004, 2005, 2006, 2007, 2008 and sumption and presumption was that will end that practice. That will no watched as our friends on the Repub- the health care system is working just longer happen to anyone in the United lican side cut taxes for the top 1 per- fine. It’s not costing us a lot of money, States of America ever again. And our cent, the wealthiest 1 percent of Amer- not really hurting many people, every- friends on the other side voted against icans, continued to spend money with a one has access, no rationing today, all it. reckless disregard for the national of which is not true. I was getting my hair cut last week debt, for deficits, started two wars, We have health care growing at a 9 and was talking to the owner of the borrowed the money from China to pay percent clip. We have the GDP growing hair salon, and she said, you know, you for the wars, borrowed money from at a 3 percent clip. You continue to do need to pass this health care reform. China to compensate for tax cuts that the math, and you’ll find out that in 10 We need help. I heard the story about went to the top 1 percent of the years, $1 of every $5 in our economy her daughter who just started working wealthiest Americans. And here we are will be spent on health care. You will with her and the daughter had asthma a couple of years later, and our friends find out that if you take that out an- growing up, went to get insurance, and on the other side are concerned about other couple of decades, 30 years, $1 in she had to sign basically an agreement the deficit and the debt. every $3 will be spent on health care. with the insurance company saying It was President Bush’s appointees to That is unsustainable. Unsustainable. that if she goes to the hospital because the SEC that gave a blind eye to what And to think if we do nothing, which is of asthma that the insurance company was happening on Wall Street. Wall basically what the Republican proposal will not pay for that hospital visit. So Street collapses, and the $780 billion was, to just keep kind of doing what the girl has asthma. She’s paying a lot and $800 billion that we had to spend to we’re doing, it doesn’t cover more peo- of money a month, hundreds and hun- stabilize the economy was under Presi- ple, doesn’t take care of a lot of the dreds and hundreds of dollars a month, dent Bush’s watch. It wasn’t under human rights issues that were involved to get insurance. And the one thing President Obama’s watch. We’ve spent here—if we continue doing what we’re that she is probably going to need her the last 9 months cleaning up the mess doing, the average family in America insurance for the insurance won’t that was made over the last 8 years. will pay another $1,800 a year in health cover. Now, this is not to assess blame. care next year and then another $1,800 Now, does that make any sense, to We’re all in this boat together. We’re the following year and another $2,000 continue with a system that takes your

VerDate Nov 24 2008 04:51 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.079 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13046 CONGRESSIONAL RECORD — HOUSE November 17, 2009 money but will not cover you? That health insurance exchange and all of a ers that desperately want to get health doesn’t sound very fair. And that proc- sudden have a lot more bargaining care for their employees but they ess, that provision, that practice will power than they had before, because can’t. be eliminated. Done. No more. My they would call their health care folks They can’t in part of because of the friends on the other side voted against up and say, what do you got? What’s margins that they have. They can’t that. the package? How many employees do also because they, on average, as you Also in the House version, the 27 you have? Ten, 15, 20. An average in- pointed out, Mr. RYAN, are paying years old and the preexisting condition crease, or the increase over the last 6 about 15 to 20 percent more in pre- provisions happen as the bill is passed; or 7 years, has been about 120 percent miums than large businesses are. It is so that will start immediately. The ex- increase for small businesses. This al- just a matter of simple economics. If change and some other things start in lows these small businesses, Mr. MUR- you’re bargaining with the insurance 2013, but those two provisions start im- PHY, to go into the exchange, to pool companies on premiums for only a mediately. So the American people will their numbers, to get better negoti- handful of employees, you’re just going see the benefits of that rather quickly. ating power, more negotiating power to get a worse deal and have to pay a Another provision in this bill says and better rates, because of their abil- higher price than you will if you’re a that there will be limits to the amount ity to pool with each other. And that big business that has a couple hundred of money a person or family can spend will reduce health care costs for small employees. a year. In the House bill it was about 12 businesses. And so he and his group see the ge- percent of your income, which is still a At the end of the day, it’s going to be nius in what we are trying to do here, lot. So if you make $50,000 or $60,000 a the small business folks who will see which is to not erase the private mar- year, if you have a health care catas- this health care reform as a real step ket, not substitute our current health trophe in your family, after you pay into trying to help them control health care system with some other country’s $5,000 or $6,000 out of pocket in health care costs so they can reinvest back health care system, not engage in what care, you’re done paying for the rest of into their company. the cable news talk show hosts claim is that year. So families in America will I yield to the gentleman from Con- a government takeover, but simply to no longer go bankrupt because they necticut. make the existing market work better, have a health care catastrophe in their Mr. MURPHY of Connecticut. Thank to allow Kevin Galvin and his handful family. you, Mr. RYAN. I thank you for con- of employees to join together with all vening us down here again. And I think of those other small businesses who are b 1700 you’re right to focus on the issue of in the same position with all of those Now, if that is not a human rights small businesses because that is where other uninsured individuals and sole issue, I don’t know what a human the problem has laid for a very long proprietors who are negotiating on be- rights issue is. And that is exactly time. Small business men and women half of only themselves, to put them all what this bill does. So, no matter with a couple of employees, maybe 10, in a pool and to allow them to nego- what, families in this country will not 15, 20 employees, they want to do the tiate for lower premiums against the go bankrupt because of health care sit- right thing. They want to provide in- insurance companies with the kind of uations in their family. surance for their employees, but with bulk purchasing power that we know And if you look at my district alone, the kind of margins that they face nor- works. 17th Congressional District, it mally, and in particular with the kind So we have small businesses through- stretches from Akron through Kent, of margins they are facing in this out Connecticut that are standing up Ravenna in Portage County, Warren tough economy, combined with their and screaming for health care reform and Niles in Trumbull County, and inability to access capital from the because they want to provide health Youngstown, Ohio, in Mahoning Coun- lenders in their community who might care for their employees. And those ty, the old Steel Belt. Just last year, in be providing them with loans, means that already are are being crushed by my district, 1,700 families went bank- they don’t have the room to provide the weight of those premiums. So when rupt because of health care, 1,700 fami- health care. they look at this bill, when they see lies. And what this provision will do is In my district, it prompted one indi- the health care exchange pooling all of eliminate that. That will no longer vidual, a brave small businessman their purchasing power together, when happen as it happens here today in the named Kevin Galvin who had had his they see the tax credits in the bill, that United States of America. own experience with confronting our in my district alone, Mr. RYAN, are So, our friends on the other side are very backwards health care system going to mean that 17,000 small busi- three for three now. They voted when his daughter got very sick, and it nesses will now pay lower taxes be- against extending insurance to kids or forced that family to go through layers cause they are going to be able to off- allowing kids to stay on their parents’ of bureaucracy and layers of appeals to set their health care expenses against insurance until they are 27 years old, try to get their own insurance com- their tax obligation, they see a tremen- they voted against that. We said that pany to cover her. He runs a small dous benefit. you can no longer be denied coverage business in Connecticut, a maintenance And if we want to point the way for- because of a preexisting condition, dia- company that employs a handful of ward on the economic revitalization of betes, cancer, heart disease, asthma. people. And their margins are so small this country, if we want to start to plot We put an end to that practice. Repub- that he can’t afford to provide insur- a real strategy about how we grow jobs, licans on the other side, except for one ance for his employees. Now he has jobs in this country, small businesses courageous soldier down in Louisiana, gone through it, the tragedy of trying are the solution. And picking up off of all voted against it. And those two pro- to cobble together the money and the their shoulders the crushing weight of visions will start immediately upon insurance claims in order to pay for health care costs is one of the most ef- this bill’s going into effect. The lim- the care of a sick loved one. And so, it fective strategies in allowing them to iting of 12 percent of your income that has ripped him apart that he can’t pro- start growing jobs again, Mr. RYAN. could be paid out of pocket per year on vide insurance for his employees. Mr. RYAN of Ohio. I appreciate that. health care expenses, so that we don’t So he decided to go out and do some- The gentleman makes the point that have people go bankrupt, passed in the thing about it. He decided to go out in what this is all about is jobs. This is an health care reform. Every Republican, Connecticut and organize small busi- economic development bill. This is save one courageous soldier down in nesses around the State for health care about allowing these businesses to re- Louisiana, voted against it. reform. And his group, Small Busi- invest back into their small businesses. Our friends on the other side were nesses for Health Care Reform, cen- It is not a coincidence that as health talking about small business, small tered in Connecticut, has thousands, care is eating up more and more of the businesses being affected by this. thousands of members amongst the businesses’ budget, that wages have Eighty-six percent of small businesses Connecticut small-business commu- been stagnant over the last decade or will be exempted from this legislation. nity, all rallied around our effort to two because the small business owner But they will be able to go in to the provide relief for those small employ- does not have the ability to both eat

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.078 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13047 the increases in health care and give Mr. RYAN of Ohio. Yes. And it has bills, if we get health care costs under the requisite amount of pay increases all been fear-based. One of our col- control, imagine the amount of money to the workers. It’s either or. leagues on the other side said the tea these families and small businesses are So over the last decade, it has been baggers are beyond, they’re beyond going to have to spend in buying dura- all health care, all the time. And some- scared; they’re terrified now. They are ble industrial goods. times they have passed on a smaller terrified because of the budget. Where Mr. MURPHY of Connecticut. This is portion of that on to their employees were these people when President Bush not my line; I think others have said where they are asking for more of a co- and the Republican Congress and House this, but this is a consumer takeover of pay, higher premiums and the whole and Senate were cutting taxes for mil- the health care system. That is what nine yards. But now, what we are say- lionaires and starting two wars and this is. This is putting consumers and ing is if we can get these costs under spending money left and right and run- patients and regular, average, ordinary control, those small businesses can re- ning up the deficit? And now they’re Americans back in charge. And people invest back into technology, back into terrified because we’re saying we want were angry about a lot of things when the new machines, back into the wages, to help small businesses, we want to President Bush was in charge and the back into the training, back into more help citizens in the United States be Republicans controlled the House and benefits and other kinds of benefits, able to afford health care? Senate. They were angry that it maybe retirement benefits, for their We’re taking on the insurance indus- seemed like the oil companies were workers instead of being stuck in this try, Mr. Speaker. What is so difficult running our energy policy. They were cycle of health care, health care, about this to understand? They have angry that the banks seemed to get health care, health care and no rein- been ruling the roost in the country for whatever they wanted when it came to vestment back into the business. how long? And we’re stepping in after financial policy. And they were angry Mr. MURPHY of Connecticut. Mr. an election in 2006 where the American that the insurance companies and drug RYAN, in Connecticut alone, our largest people were fed up, an election in 2008 companies seemed to get everything insurer, which insures over half the in- where President Obama won, and basi- they wanted when it came to health dividuals in the State, announced ear- cally, a huge election, and he talked as care policy. lier this year that they were going to a centerpiece of his campaign about And they had a pretty good exam- be passing down a 30 percent premium health care reform. And here we are. ples, Mr. RYAN, why that happened. I increase to small businesses, small I’m sure our districts aren’t that will add to your list of all of the deficit group plans and individuals—30 per- much different, manufacturing, a lot of increases over the course of the Repub- cent. It’s beyond me to figure out how immigrants came over the last 100, 150 lican control of this Congress. Medi- on Earth health care costs changed so years to our States, and a lot of middle care part D, the one time that this much from last year to this year that class people, and our people don’t get House of Representatives woke up and you can justify a 30 percent increase, on a bullhorn and scream about their decided to legislate on health care, but from a small business standpoint, problems that they have in their fam- they did it in a way that guaranteed that causes thousands of small busi- ily. They have a lot of pride, but they enormous profits for the insurance and nesses to walk away and say, that’s too just want to muscle through it. But drug industry, in particular by insert- much. they want an element of fairness in the ing a provision into the Medicare part My business in a recession is drop- system. And so they will, as I said, and D law that specifically prohibited the ping, and you’re asking me to pay 30 I don’t know if you were here or not, Federal Government from negotiating percent for one of my biggest line they will grab me at the restaurant deep discounts on behalf of all Medi- items? It causes individuals who were and thank me for my vote and say, I care beneficiaries against the drug just being able to cobble together the hope it passes, or I hope it pulls companies. And they paid for it all by money that they could to pay for in- through. borrowing. surance to walk away and say, listen, I But they are not going to call Rush So this sudden conversion to fiscal have had my wages held flat this year. Limbaugh and call in and talk about responsibility by the Republicans is I can’t go out and pay a 30 percent in- how their daughter is sick and the pretty transparent to people that have crease. problems they had and go on and on. been caring about health care for long And it causes our Republican friends But when I stood at the Canfield Fair enough to remember when Republicans to shutter their ears and close their or, this weekend, going into a res- came here, proposed and passed a Medi- eyes and pretend that all of those peo- taurant or getting my hair cut, what- care drug benefit that was written by ple and all of these employees who lose ever the situation was, they would grab the drug and insurance industry and their health care because of the 30 per- me and they would quietly say, thank paid for by borrowing. cent increase are going to suddenly you. God, is this going to pass? Is this b 1715 spend the rest of the year really, really really going to happen? That’s what super healthy and never need to get average people are saying here today. So for all of those TEA baggers out health care. They are going to get sick. These situations that go on all across there and all of those non-TEA partiers Those employees are going to get sick. our country, and to turn a blind eye to who are concerned about the deficits, Those individuals who had to walk it, and the Republican proposal doesn’t this health care bill isn’t just deficit away from care because the premium even cover everybody. It was like, here neutral; it brings down the deficit by increase was too high are going to get is our proposal. Great. You cover an- $30 billion over the course of 10 years. sick. And they are going to get so sick other million people. Boy, that is real- You can argue about the policy, but that they are going to end up in our ly going to bring down the pressure on you can’t argue with the CBO score. emergency rooms. And then we are all the emergency rooms. The Congressional Budget Office says going to pay for it. We are going to pay And this is pretty simple. I talked that this bill, over the course of 10 for it in higher taxes to subsidize emer- about the reforms. If you make $89,000 years, will bring down the deficit, and gency room care. We are going to pay a year or less, you are going to get actually tells us that in the second 10 for it in higher private premiums to credits, subsidies, to help you pay for years will bring down the deficit by make up for the uninsured that walk your insurance so that family will have even more, standing in contrast to the into the doors of those hospitals. And more money to spend in other parts of Republicans’ sole effort at health care we are going to end up perpetuating the economy. Instead of health care reform when they controlled this place, our current system of sick care where eating a huge chunk of the economy which handed more power to the indus- we force people to go without insur- up, they will have money to pay for tries that were running the joint to ance, wait until they are so sick that their kids’ college education, to make begin with, and did it all by borrowing. they show up at the emergency room investments to buy a new car, to keep So, Mr. RYAN, it’s the war, it’s the for the most expensive, and frankly, the auto industry going, buy a new re- tax cuts, but it’s also the Republicans’ most inhumane type of care, crisis frigerator, buy a new house. policy on health care. And I don’t have care, which costs us all a lot more Literally, if you think about just an a lot of sympathy for our Republican money in the long run, Mr. RYAN. $1,800 increase next year in health care friends who come down here and talk

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.081 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13048 CONGRESSIONAL RECORD — HOUSE November 17, 2009 to us about the health care implica- Since we have gotten in office and hausted all of it, changing their plans tions for the deficit. Our bill lowers the with President Obama, but before that, forever. So layer on top of all of the deficit. Their one attempt at health we took on the banks and yanked them bankruptcies the hundreds of thou- care reform massively increased the out of the student loan business be- sands of families who were ruined with- deficit. cause they had a sweetheart deal. As out bankruptcy because of the crip- Mr. RYAN of Ohio. It’s not just CHRIS you said, with Medicare part D, where pling cost of medical care. MURPHY from Connecticut or me or all of this money is going to the phar- So this is being celebrated by all of NANCY PELOSI. Here’s from the Busi- maceutical companies, we are reform- these families out there who have had ness Roundtable. CEOs of the Nation’s ing that provision as well. Now we’re their lives change for so many different largest businesses released a report on taking on the insurance companies. reasons, because they do see that the impact of health care legislation With the energy bill, we took on the they’re actually going to get some moving through Congress and that, oil companies, where they’re getting wages back from their employer who ‘‘Key components of health care reform subsidies. And just a couple of years doesn’t have to spend every dime on could slow the growth of health care ago we spent $115 or $120 billion dollars health care. But they also see that this costs and offer real savings for compa- in escorting ExxonMobil ships in and bill is going to give them some security nies and their employees.’’ out of the Middle East so that they that a lot of people thought just came According to the Business Round- would be safe to further supplement with being a citizen of the most power- table Hewitt study, many of the legis- and subsidize the oil industry. We took ful, the most affluent country in the lative reforms currently in the health on the oil industry. world. reform bill could reduce costs by as Increased minimum wage, increased You’re right, Mr. RYAN. That does in- much as $3,000 per employee by 2019. Pell Grants. We made steps to make in- volve taking on the insurance industry. This is the Business Roundtable. This vestments. But the bottom line is this That does involve stepping up to the is not the Democrats. This is the CEOs health care reform bill is about eco- plate and telling them that they’re of the Nation’s largest businesses. nomic development in the United wrong. For the life of me, it’s beyond As you said, CBO, Business Round- States of America. me why this Congress hasn’t been able table, this is what we’re trying to fix. Mr. MURPHY of Connecticut. And to do that. And I get that that invites And when you have the CEOs of the Na- people have been crying out for it, Mr. the ire of the health care industry that tion’s largest businesses saying that RYAN, and I think that’s why you and has had their way for so long. I get this reform will save us $3,000 per em- I both have families coming up to us that that means there’s going to be a ployee by 2019, and you have hundreds and, as you said, kind of quietly ex- lot of commercials on the air criti- and hundreds and hundreds, if not pressing to us their stories. Folks in cizing Members who voted in favor of thousands of employees, that money is my district do it the same way. But this and those that might vote in favor going to go to wages, investments, you find them. You hear from them. of it in the Senate. But it’s been a long technology. On and on and on these in- I remember knocking on somebody’s time coming for those families that we vestments will be made, not sit around door this summer as I was going both know and those small businesses and do nothing. around a couple of neighborhoods to that have been calling for it. Republicans just came—in the last check in and hearing a guy talk about Mr. RYAN of Ohio. Think about it. week, finally, they had a proposal. his illness. He had actually, I think, Just in the 17th Congressional District, We’ve been debating about health care been injured, and his worker’s comp 14,000 small businesses will now be bet- for all this time and they were in con- didn’t pay for the entirety of the care ter off because they’re going to be ne- trol of every major branch of govern- that he needed, so he had to go to his gotiating with more and other small ment from 2000 to 2006. Didn’t do any- primary insurer. He had to pay for businesses to try to bring down prices. thing about health care. Now we’re some of it out of his own pocket. And 12,300 small businesses in my con- coming to try to fix it. It got so bad and his expenses got so gressional district will be getting tax Mr. KING of Iowa. Will the gen- high that the only place he could go credits as an incentive to compensate tleman yield? without losing his house was the one for this; 43,000 people will now have in- Mr. RYAN of Ohio. I’d be happy to main savings account he did own, and surance that didn’t have insurance. yield. that was his child’s college fund. And We have, in Youngstown, a hospital Mr. KING of Iowa. I thank the gen- so he planned at first to only take a that just filed bankruptcy. Now all of a tleman from Ohio. little bit out from his child’s college sudden every single person that walks I just recall that we were here to- fund because he figured he could get through that door will have health in- gether when we passed the litigation his insurer to pitch in a little bit, fig- surance instead of that cost being lawsuit abuse reform out of the House ured the economy might turn, he passed on to everyone else. and it got stalled up in the Senate. might be able to get a little better job, I can’t help but to think about the That would be one thing I would point and then he had to go back again. And gentleman that you were just talking out that I think is important from an he had to go back again. By the time I about who had to spend through his objective standpoint. saw him this summer, that college fund kid’s college fund. If these reforms Mr. RYAN of Ohio. Reclaiming my was gone. He had no money saved for were in place, that person’s amount of time, litigation has been projected to college. The only way that his son, who out-of-pocket expenditures would be have only 1 percent effect on the costs by this time was in his teenage years limited to 10 or 12 percent of that fam- of overall health care spending. and only a few years from going to col- ily’s income. So they wouldn’t have Mr. KING of Iowa. If the gentleman lege, the only way he was going to be had to go into the college fund. Our would yield, $54 billion was the score able to go to college was if he got a full friends on the other side voted against on the bill introduced this year. ride somewhere. His son’s dreams have that. Mr. RYAN of Ohio. Over 10 years. evaporated because of health care So we have got to go back to our con- Mr. KING of Iowa. Yes. costs, because of illnesses. stituents and defend every vote that we Mr. RYAN of Ohio. One percent of Now, this particular family had that have made here. And that is, to me, cost. And there is no real way to quan- money saved away for college and so significant. The preexisting condition, tify—reclaiming my time—no real way it’s not one of the thousands of fami- not being kicked off your insurance be- to quantify this number. But when lies that went into bankruptcy. So we cause you get sick, being able to stay you’re talking about billions and bil- should remind ourselves that when we on your parents’ insurance until you’re lions and billions of dollars, again, hear all these statistics about the 27 years old, all of those are significant that’s to my point, is that the Repub- thousands and thousands of families steps in the right direction, not to lican plan is to just kind of nibble who go into bankruptcy every year just mention on Medicare part D by extend- around the edges and maybe we’ll try because Mom got cancer, that doesn’t ing and having consistent drug cov- to do this a little bit here and a little count all the families who did the re- erage throughout the course of the en- bit there, but at the end of the day sponsible thing and were able to squir- tire year instead of interrupted cov- here’s the reality. rel away a little bit of money and ex- erage, which is happening now.

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.083 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13049 I got a letter from a doctor this sum- b 1730 with bankruptcies caused by medical mer who was telling me about a pa- Mr. RYAN of Ohio. The idea here is costs on the rise. I just figured that tient that he had that met her limit on that this is how this bill will extend there would be a way for Republicans part D. And I can’t remember at this Medicare’s life an additional 5 years, in and Democrats to get together on this point exactly what the issue was with part because of cost savings and a vari- to say, Let’s do something. I think for her, but they had to take her from the ety of others. But we are going to have the longest time, I believed that there drug of choice to a cheaper drug be- healthier people going into the Medi- was still going to be a chance for Re- cause she couldn’t afford it. So, in June care program. Right now we have peo- publicans to come to the table here. I or July when she met her cap, they had ple that are 55, 60 years old, and we see don’t want to believe that the Repub- to switch prescriptions because she a lot of them in our communities, the licans’ opposition to this bill is just couldn’t afford the one that he had her older manufacturing communities. You about political gain. I don’t want to be- on. She ended up getting sick. They work until you’re 55, you work until lieve that the reason that Members switched prescriptions again and again, you’re 60, and then all of a sudden, the come down here and oppose every sin- and she ended up in the hospital for a company goes bankrupt or they lay gle thing the Democrats want to do week or two. you off or they move the factory to and then propose an alternative bill It’s the perfect example of why would Mexico or to China or whatever the that was a joke—which actually left you not just—how much cheaper would case may be. more people uninsured at the end of its it have been for the taxpayer to con- I have met several of them, have life than had the bill not gone into ef- sistently pay for those prescriptions talked to them on telephone town fect—I just don’t want to believe that, throughout the course of the year in- halls. One woman I remember in par- but there is mounting evidence of that stead of her going into the hospital for ticular was 60 years old. She did not case. a week or 10 days or 2 weeks and hav- lose her job, but lost her health care So listen, this thing is not over, Mr. ing Medicare pay for that? It just coverage. The company could no longer RYAN. We’re going to continue to come doesn’t seem like a very smart invest- afford it. So now she is 60. She makes down here and press the case for re- ment on behalf of the taxpayer. $32,000, $35,000 a year, can’t make it, form. We’re going to continue to come Mr. MURPHY of Connecticut. Listen, can’t afford health care coverage. She down here and press the need for both it’s the reason, Mr. RYAN, why AARP said, I’m going to wait until I get on parties to be part of this compromise, has come out so strongly in favor of Medicare. So here you have someone to be part of this solution. But it is in- this bill, because they know that this who is 60 years old, probably has some creasingly apparent that there is only is a good bill for seniors. Now, a lot of issues because everybody at 60 has one piece of this House and one piece of Democrats disagreed with the fact that issues. Now a physician won’t manage the Senate that is really pushing to get AARP came out and supported the those problems that she has. She is this done for the American people. I Medicare prescription drug bill when it going to go without any care, any wish that wasn’t the case, and we’ll did, but it, frankly, shows that this is treatment, any kind of management continue to try to press for a change, a group that, when they think it’s whatsoever. So she is going to go into Mr. RYAN. right for seniors, is going to support it Medicare at 65 much sicker than she Mr. RYAN of Ohio. The bottom line whether it’s a Republican or Democrat would have went in if she had decent is this, the Business Roundtable, the proposal. Because I’ve heard a lot of health care where her problems could top CEOs in the United States, say that Republicans and conservative talk have been managed and not become our provisions in this bill will save show hosts come out and say, Well, the chronic to the point where they could them as much as $3,000 per employee by AARP endorsement doesn’t mean any- cost the Medicare system thousands 2019. The top CEOs in our country are thing. They’re friendly to Democrats. and thousands, tens of thousands of saying that this is going to be the case. But as we wrap things up here, Mr. Well, they endorsed the Medicare pre- dollars, hundreds of thousands pos- MURPHY, let’s use some good common scription drug benefit, which was, I sibly, depending on what the issue is. So you have a healthier person going sense here. We’re going to take 30 mil- think, voted on almost solely by Re- into the Medicare program that’s going lion people who wait until they get ab- publicans. So whether we agree or dis- to extend the life of Medicare. What solutely deathly sick and then go to agree with their support for that, kind of system is this, 60 years old, you the emergency room off and out of the they’ve played both sides of this de- have worked your whole life, and they emergency room rolls, get them pre- bate. say, Sorry, you’re on your own; we will ventive care, solve problems of $20 pre- But AARP supports this bill because pick you up at 65. Thanks for every- scriptions instead of nights in the hos- it gets rid of the doughnut hole. Now it thing. You lost your health care. That pital, and reduce health care costs takes a little while to fully get rid of is not right. That is not right, Mr. overall. Eliminate costs for preventive it, but on day one after this bill is Speaker, and that is what this whole coverage so people in Medicare and passed, the size of the doughnut hole program is trying to fix. others actually get preventive cov- gets reduced by $500, and for every sen- Mr. MURPHY of Connecticut. I will erage as well. ior that walks into the pharmacy when just add one last thing, Mr. RYAN. The Help by raising taxes on millionaires you’re in that moment of exposure, the people we’re talking about—you know, and take some of that money to give cost of a brand name drug is going to the stories that we’re telling, I don’t health care credits and subsidies to be cut in half. Every single brand name think you or I know whether these peo- middle class people so that they can af- drug for seniors in the doughnut hole ple that have approached us are Repub- ford their health care, get preventive gets cut by 50 percent immediately licans or Democrats. I have no idea care, stay healthier and become more with the passage of this bill. whether that guy who had to drain his productive. It all makes a great deal of When you walk in to get your check- entire college savings watches MSNBC sense. We’re saying to parents that up, no longer does any senior have to or watches FOX News. I have no idea your children can stay on your insur- come up with money out of their pock- because health care crises, health care- ance until they’re 27 years old. We’re et. Medicare is going to pay for that caused bankruptcies strike Repub- saying that you can never be denied in- now, because we know it just makes licans and Democrats, liberals and con- surance coverage because you have a sense to have no barriers to preventa- servatives, people on the left and peo- preexisting condition. You can’t be tive health care for seniors. ple on the right. This is a nonpartisan, kicked off your insurance because you So AARP, joining the American Med- nonpolitical issue. get sick. You can only spend out of ical Association, joining Consumer Re- Maybe I was naive when I came here pocket 12 percent of your annual in- ports, joining dozens of other specialty a couple of years ago, but I just come so that you don’t go bankrupt physician groups out there, has sup- thought that there was going to be a like 1,700 families went bankrupt in the ported this legislation because they see way with 50 million people uninsured, 17th Congressional District of Ohio last the benefit for that senior that you’re with health care costs rising 120 per- year. talking about on Medicare part D and cent for the average small business in Extend prescription drug coverage to millions more. this country over the last 10 years, seniors throughout the year, not any

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.084 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13050 CONGRESSIONAL RECORD — HOUSE November 17, 2009 kind of stoppage in the middle of the amendment that is a pro-life amend- cost of unnecessary tests and proce- year, and make sure that we extend the ment and is very valuable to me and dures that are undergone by patients in life of Medicare by 5 more years be- many others. this country directed by doctors in this cause of these reforms. This is basic However, there are grave concerns country to avoid lawsuits, to protect bread-and-butter commonsense reform. about the broad implications of this themselves in the event of lawsuits, to This is not the radical kind of reform bill and the components of it that run minimize the risk and to also hold our friends on the other side want peo- anathema to the American Dream. down their premiums for malpractice. ple to believe. It’s not what Glenn Beck I will just address some of the things So the cost overall of medical mal- and Rush Limbaugh and all the scare that the gentlemen spoke of in the pre- practice, the abuse of lawsuits for med- tactics, ‘‘The government is coming to vious hour. One of them is that Repub- ical malpractice in America, the cost take you over.’’ licans allegedly sat around and did of the malpractice premiums coupled It’s not any of that. It’s basic reforms nothing while they were in the major- with the cost of the litigation, coupled that the American people want. And, ity. We had a narrow majority, and we with the cost of settlements both in lastly, let me just say that people still did something. We pushed an agenda and out of court, coupled with the un- continue to talk about this being an that was seeking to improve health necessary test tests, the defensive med- issue of freedom, and our friends on the care in this country and reduce or icine that nearly every practitioner other side keep saying that this is eliminate the necessary burden on practices, whether it is something they about liberty and freedom. You know health care. can actually identify or whether it’s a what, I agree with them. The person I made the point that we passed law- subliminal shift in their policy, all of that goes bankrupt because they can’t suit abuse reform in this Congress. I those things together, the lowest num- afford health care is not free in the believe the year was 2005. The lawsuit ber that can be applied is not 1 percent, United States of America, and the per- abuse that was passed was worked to the gentleman from Ohio. The low- son who pays tons of money into the through the Judiciary Committee est number I can find out there by any- insurance industry and doesn’t get any where I sat and where I participated in one’s logical representation is 5.5 per- coverage, that doesn’t seem like you’re that language, and we modeled this cent. The number that I trust the most very free. When you’re sick and you after, of all places, a California initia- is the 8.5 percent number that comes can’t afford a doctor, you are not free. tive. Since that time, Texas has taken from the health insurance underwriters Let’s talk about freedom in 2009 and up the charge of reducing lawsuit abuse representative. And 8.5 percent is a low 2010. It means being healthy, produc- on medical malpractice in Texas. The number. tive, getting what you pay for and doctors that were exiting the State Some of those numbers go up to 10.1 being able to support your family and have now turned around, and many of percent and on up into the 20s, 24, 25, 28 your business. That’s freedom. How them have moved back to Texas and and even 35 percent of overall health free is a businessman who has got to started their practices and other med- care costs. Now I won’t range up in pay a 30-percent increase in health care ical providers and practitioners have there into that one-fourth to one-third costs every year? It doesn’t seem very come into Texas. of the overall costs because I think free to me. Now they do have an adequate supply that’s a harder number to defend, al- So, Mr. Speaker, we’ll continue to of doctors, nurses and other medical though it may be true. But I do believe talk about this and jobs and other practitioners that are there. But the that I’m on very solid ground defending issues that are facing this country. We cost that was diminished by the gen- 8.5 percent of overall health care costs appreciate the opportunity to be here. tleman from Ohio, the cost of lawsuit going to either premiums for mal- f abuse, even though the bill that was of- practice, trial lawyers, those settle- fered by leadership scored at only $54 HEALTH CARE ments or defensive medicine. Out of billion, to the gentleman from Ohio—1 the overall costs of providing health The SPEAKER pro tempore (Mr. percent, he said, of the overall health care to America, 8.5 percent comes to TEAGUE). Under the Speaker’s an- care costs—I don’t know about that $203 billion a year. That’s only 1 year. nounced policy of January 6, 2009, the number. I didn’t run those numbers. It This bill gets scored over 10 years. gentleman from Iowa (Mr. KING) is rec- doesn’t seem to me, Mr. Speaker, that ognized for 60 minutes. $54 billion is a minuscule amount. It b 1745 Mr. KING of Iowa. Thank you, Mr. doesn’t seem to me that $54 billion is So, that $203 billion over 10 years ex- Speaker. It’s my privilege to be recog- loose change. It doesn’t seem to me ceeds $2 trillion, $2 trillion in the ag- nized to address you on the floor of the that $54 billion is pencil dust. gregate costs of premiums and litiga- House of Representatives here tonight Mr. Speaker, $54 billion is real tion and settlements, unnecessary set- along with my colleagues that I have money, and $54 billion is, though, a tlements. We’re going to keep every- had this great honor and privilege to small percentage of the overall cost of body whole. Those who are the unfortu- serve with throughout these years and lawsuit abuse when it comes to pro- nate who are, I’ll say, victims of med- this 111th Congress. I sat and listened viding health care in America. Here are ical malpractice, we’re going keep to my friends on the other side of the the numbers that emerged when one them whole. We’re going to make sure aisle as they began to talk through looks into the underlying costs of the that their medical costs are paid for this health care debate, which we have lawsuit abuse. And the score that could and their loss of income are paid for addressed, I think, quite a great deal come from the Congressional Budget and there’s pain and suffering there, over the last couple of months. No Office cannot include all of this be- but not the noneconomic damages, not longer is it a legitimate point that we cause they simply can’t score some of that component that goes off into $7 haven’t had an adequate time to de- the actual costs that don’t index di- million for spilling a cup of coffee on bate, although I don’t know that there rectly into the lawsuits themselves. one’s lap at McDonald’s as happened, is anyone in this Congress that can It works like this: there are high and I understand that that was nego- read and digest 1,990 pages and then costs in premiums that doctors and tiated down and reduced after the fact. read the amendment that was 40 pages providers are paying, especially OB/ So, 81⁄2 percent of our overall health long that turns this into a 2,030 pages GYN doctors, and access to those doc- care costs going for lawsuit abuse. And national health care act that affects tors and services is getting more and we can reform a lot of that. We can re- every aspect of our lives. more limited. There are also costs in- form a lot more than $54 billion of it, This is not just nanny state, cradle volved with the litigation, costs in- and it totals in its aggregate over $2 to grave. This is conception to natural volved with the settlements, whether trillion, which in and of itself is death or euthanasia, depending on they are in-court or out-of-court settle- enough to, according to the CBO, pay which component of the bill one choos- ments. for NANCY PELOSI’s socialized medicine es to apply. There are carve-outs for One might think that that’s all the plan, Mr. Speaker. euthanasia. There is at this point a costs of the lawsuit abuse that is part I think this puts it in a perspective Stupak amendment that is part of the and parcel of the overall costs of health that’s far more legitimate than was of- bill, a Stupak-Pitts-Chris Smith care. But an even greater cost is the fered by the previous gentlemen in the

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.085 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13051 previous hour, who also announced miums for their children who also paid the White House has said, well, we that if you make less than $89,000 a the rich man’s tax, the alternative know it’s there. We are going to go in year, you’re going to get a subsidy for minimum tax; 70,000 families in Amer- and help pay for socialized, I put that your health insurance; $89,000 a year. ica would have health insurance pre- in quotes when I say it, Mr. Speaker, And we’re going to subsidize health in- miums for their children paid for by ‘‘their socialized medicine plan,’’ by re- surance for people making $89,000 a the taxpayer. ducing and perhaps eliminating waste, year? Are they also going to be paying Meanwhile, they’re writing an extra fraud and abuse in Medicare reimburse- the alternative minimum tax, I won- check for the alternative minimum tax ment. der, Mr. Speaker? I suspect there will because they make too much money in So what do they do? They cut $500 be many families if that is the case. the eyes of Uncle Sam. Seem a little billion, a skosh less, but $500 billion, We saw what happened when the ma- paradoxical, Mr. Speaker? Does it seem half a trillion dollars, out of Medicare jority sought to change the SCHIP leg- a little bit inconsistent? Does it seem a reimbursement rates, and then have islation, that State Children’s Health little illogical? Well, it is government, not put their finger on where the abuse Insurance Program that provides after all, and it’s getting more and is, where the fraud is, where the waste health insurance premiums for low in- more illogical as time unfolds. But the is. It’s just, trust us, we know what come—kids in low-income families. statement that Republicans did noth- we’re doing. That passed in about 1997. I remember ing is not a factual statement. It’s not It reminds me of a Saturday night implementing it in about 1998, when I even an opinion. It’s a fact that Repub- sitcom that I used to watch occasion- was in the Iowa State Senate, at 200 licans in this House passed reform leg- ally. And it was called Sledge Hammer! percent of poverty. The States could islation in several different categories, Sledge Hammer was a detective, and he have adjusted that to some degree. Two and it was fought every step of the way had a sidekick named Dori Doreau. hundred percent of poverty is the part by Democrats. And they would go through a half-hour that I supported. And I come to this And by the way, when it did get out routine of criminals doing bad things, Congress and the first effort on the of this House, in spite of them, then it investigating them, and near the end of part of Speaker PELOSI was to change was blocked in the Senate. I said at the the show, something would happen the SCHIP program to 400 percent of time on the malpractice, the lawsuit such as Sledge Hammer would fall poverty, to fund health insurance pre- abuse reform, that the block that took down the escalator, something would miums for children in families of four place in the Senate was the result of go up the escalator, tip off the railing, that are earning at 400 percent of pov- the Senate being a wholly owned sub- and it would go through this Rube erty in my State, with the exemptions sidiary, presumably, of the Trial Law- Goldberg menagerie of calamities, and that were directed by Governor Culver, yers Association in America. Since when the dust had settled, somehow that meant that families of four mak- that time, that investment seems to Sledge Hammer was laying on top of ing $102,000 a year could have their have paid off in the House of Rep- the criminal and somehow there was a health insurance paid for by the tax- resentatives, and today, we have a miraculous ending. And he would get payers, the taxpayers who presumably, House of Representatives that does not up and say, Well, I told you, trust me; many of them are making less than have one dollar worth of lawsuit abuse I knew what I was doing. $102,000 a year. reform in a 1 to $2 trillion socialized Well, I have about that level of con- And that seemed to me to be an out- medicine plan. fidence in an administration that rageously high income to have the Now, how could any group have such would tell us they’re going to find tens health insurance premium subsidized influence on the House of Representa- of billions of dollars in waste, fraud by the taxpayers and the Federal Gov- tives and presumably still, and I think and abuse, but they can’t point their ernment. Since that time this vora- even more so, in the United States Sen- finger at it. And they just simply say, cious appetite to share the wealth, to ate, that $2 trillion in the aggregate of Trust us, we know what we’re doing. take from those who have earned and abuse and cost in our health care in And if you pass this national health invested and established capital, those, America, over this period of 10 years, care act then we will go into action a lot of them whose investments are more than $2 trillion, and we can’t find and save this money to pay for it. But the investments that facilitate the cre- one dollar worth of savings in lawsuit if we don’t, do we actually have an ad- ation of jobs, or they create the jobs abuse reform, not one dollar in this bill ministration that’s willing to tolerate themselves, scoop from that capital that is a bill that was sent to this floor tens of billions of dollars on their al- and distribute that to those who make by Speaker PELOSI. Not one dollar. And leged waste, fraud and abuse in Medi- less, takes away the incentive from yet, the same people can advocate for care? Are they holding the right to a those who make less to make more. cutting Medicare reimbursement rates legitimate integrity and fiscal respon- Why would anyone go out and take a by half a trillion dollars, almost $500 sibility in our government? Are they risk and invest capital and start a busi- billion, taken out of our Medicare re- holding that right to a legitimate re- ness and employ people and create imbursements, Medicare reimburse- sponsible government hostage to a bill, goods and services that have value to ments that only pay 80 percent of the a bill that’s socialized medicine? this economy, if they’re just going— cost of delivering the services. And so if we pass this socialized med- the Federal Government’s just going to And the cost of delivering the serv- icine bill, the Senate and the con- go in and tax your income, keep you ices is not a cost that’s calculated by ference report, and it goes to the Presi- from establishing a capital base so that the providers, by the health care prac- dent, whom I believe will sign anything you could grow that kind of a business titioners, by the doctors and the nurses that says national health care in the and grow the jobs and take the money and the hospitals and the clinics. No, title—if we do all of that, then we get that you earn and funnel it over here, this cost of delivering the services is a to find out this great secret in the and to take the position that if you number that’s produced by Medicare White House: Where is all this waste, make $88,999 a year, Uncle Sam will cut itself. And then it gets a .8 multiplier fraud and abuse in Medicare? I can tell you a check. And that check will go across that number, and that’s what you it’s not in any significant amount to—as long as you invest it in health they pay at Medicare. And so the White in my district, Mr. Speaker. And I can insurance for your family, health in- House has taken the position that tell you that because the providers surance for your kids—they’re already there is waste, fraud, and abuse in our that I have are getting significantly covered, aren’t they? Because this Con- Medicare, and they’re going to ferret less than it costs to deliver that serv- gress passed ultimately at 300 percent that out. And they found some 10s and ice. of poverty, so that lowered that num- 20s and more billion dollars they’ve In Iowa, we not only are the lowest ber down to $70,000, something like said of savings. State in the union in Medicare reim- that, in my State. These billions of dollars of savings bursements rates, but we also provide But speaking of 70,000, that happens that they can provide to reduce and consistently some of the highest qual- to be exactly the number of families in eliminate waste, fraud, and abuse in ity outcomes by the consistent meas- America that would qualify for Federal Medicare seem to be a bit amorphous. ures that come out. Iowa ranks in the funding for the health insurance pre- It’s hard to identify this and, in fact, top five time after time after time in

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.088 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13052 CONGRESSIONAL RECORD — HOUSE November 17, 2009 practice after practice and then in the around $1,000. And yes there is a dif- ups, and be able to save those costs, aggregate and the composite. Often ference in mandates. And that’s part of those high costs of health maintenance number one, more often number two. the difference. But they have put so by good health practices, see their pre- But we’re in the top five consistently many mandates on the health insur- miums lowered because of it and see in the outcomes, medical outcomes. ance premiums in New Jersey that you them rewarded by a growing health And yet, we’re the lowest in the Na- don’t have those kind of options. And savings account so they can arrive at tion in reimbursement rates. And Iowa because of the regulations and the bur- retirement with, let’s just say, $950,000 is, and I can say this with great con- den and the cost, and maybe, just in that account. fidence, the very best combination of maybe, the White House could be right Now, the liability that the Federal cost and quality of health care deliv- on some waste, fraud, and abuse up Government has today in today’s dol- ered in the State, but the lowest reim- there. I’m looking forward to working lars, to be fair, Mr. Speaker, when bursements rates in the Nation. And with their Governor-elect as he be- someone arrives at Medicare eligibility now the White House wants to cut half comes Governor and maybe we can help age, that means the cost of that enti- a trillion dollars from Medicare reim- root out some of the waste, fraud, and tlement for the balance of their life ac- bursement rates. And my State, I be- abuse. And I’d like to see New Jersey tuarially is about $72,000 per indi- lieve, is the most senior State in the rewarded for doing that. vidual. union. We have the highest percentage But, if people in America can buy in- So, if you have a couple that arrive of our population over the age of 85 of surance across state lines, and that at retirement today, the liability that all of the States in the union. That in- $6,000 policy for the 25-year old man in the government accepts—which is tax- cludes my mother. New Jersey becomes a $1,000 policy for payers’ money in Medicare costs—is And in my district, the 32 counties in the 25-year old man in Kentucky, that about $144,000 for that couple to take western Iowa, of the 99 counties in dramatically reduces the cost of health care of their health care needs for the Iowa, and among the 32 that I rep- insurance premiums in America. balance of their life starting at age 65. resent, 10 of the 12 most senior coun- Another thing that dramatically re- So the difference is roughly $800,000 ties in Iowa are in the Fifth Congres- duces the cost of health insurance pre- and then adjusted for inflation of that sional district, the district I represent. miums in America is when people have liability itself. And so I believe I represent the most access to, and can afford to purchase But Mr. Speaker, why wouldn’t this senior congressional district in Amer- safely, catastrophic health insurance. Congress want to encourage people to ica. Punished, presumably, by a half a Catastrophic is an essential component invest in their health savings account trillion dollar cut in Medicare, based of health insurance, and that works in and grow that health savings account upon the very questionable and doubt- this way, especially when we have and provide incentives for healthy ful allegation that there are tens of bil- health savings accounts. Those health practices, both exercise and diet and lions of dollars of waste, fraud, and savings accounts that when we passed checkups, so that that health savings abuse in Medicare. the HSAs in 2003 in this Congress, and account became a retirement fund? I’m convinced it exists, Mr. Speaker. it was enacted into law, if a young cou- And why wouldn’t we at least, at a I think it exists in some of the large ple—and I did this in round numbers— minimum, offer them that if you can cities in the country, and I think it so at age 20 had invested the maximum arrive at retirement and Medicare eli- should be relentlessly and persistently amount into their HSA for that annual gibility and be able to purchase a Medi- rooted out. And we should take those year, $5,150 for a couple, say, at age 20, care replacement policy that would criminals and we should do the perp and they maxed out each year—it’s in- take that individual or couple off of walk with them, and we ought to get dexed to inflation—and spent $2,000 in the entitlement rolls, why wouldn’t we them locked up in prison where they real dollars out of that in legitimate then tell them, Keep the change, Mr. belong. But you don’t hold a principle health care costs and accrued that at 4 Speaker? Why wouldn’t we say to the that the American people have a right percent, and when I did this math it American people, Take this nest egg to, which is legitimate law enforce- was a logical thing, and it will be a log- that you have managed and earned ment and the elimination of waste, ical thing again to accrue those invest- throughout your working life and use fraud, and abuse, you don’t hold that ment HSAs at 4 percent. it to travel the world, retire on, give hostage to an ultimatum that we’ve yourself a monthly pension to add to got to pass a national health care act, b 1800 the other pension plans you might socialized medicine, in order to have Throughout the 45 years of their have—presuming Social Security is good government. working life when they arrived at still there—add that to Social Security Good government is a right of the Medicare eligibility rate having in- or will it to your children. You own it. American people, and the American vested the maximum into the HSAs for Why would we want to keep people de- people need to demand that right. With that period of time and spent $2,000 a pendent upon a government program the promise that, or the allegation, year out, they arrive at retirement that will end up rationing health care? made by the gentlemen in the previous with a health savings account of By the way, we are already there, Mr. hour, that Republicans don’t have any $950,000. Maybe it accrues it a little bit Speaker. It was announced today that solutions—in fact the President him- better. Maybe they spend a little bit there’s a government directive that self has said Republicans don’t have so- less. But I am thinking in terms of went out. A panel, a health care advi- lutions. That statement was never sup- well, sure, $1 million; a million dollars sory panel, that women should delay portable by fact. There have been at in an HSA. their mammograms until age 50 and least 42 pieces of legislation, some of And what is the Federal Govern- then have those mammograms not them comprehensive, introduced by Re- ment’s investment in that, Mr. Speak- every year but every other year, be- publicans in this 111th Congress alone. er? Well, the Federal Government cause there’s too much anxiety in- And the difference is we have logical, wants to tax that million dollars. The volved in having those tests done every rational, free market freedom solu- government doesn’t want people to year and that anxiety is a factor that tions that do not interfere and, in fact, have that money for any use of their factors in. heal up to some degree, the relation- own discretion when they arrive at Think about this, Mr. Speaker. Is ship between doctors and patients. Medicare eligibility age. that really it? Or is this a Federal di- And here are some of them. I talked I will submit that we want people to rective that ends up rationing health about ending lawsuit abuse. The next invest in a retirement account. We care? What about that 41-year old one is to provide for people to buy want them to manage that retirement woman who ends up with breast cancer health insurance across state lines. For account to include the whole con- and doesn’t get a test until its too example, a young man, 25 years old in tinuum of their life, through an HSA, late? What about the difficulty of New Jersey, would pay approximately into a pension fund. I’d like to see treating that disease of breast cancer $6,000 for a health insurance policy them make that investment and man- when it goes beyond that point where that, if he could buy it in Kentucky, age their health and watch their diet, it can be handled without radical sur- across the state lines, would cost him get their exercise, do the annual check- gery?

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.089 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13053 We have a directive that came out Now, why would it be that in Amer- placement from that provider in San from the Federal Government that de- ica, a corporation that’s hiring people Francisco should pay the same price. layed by 10 years a recommendation can offer them a package of salary and They should be billed the same price that women get mammograms and benefits plan, write off that salaries and there should be a legitimate at- spaced those mammograms out from 1 and benefits plan as if it were wages, tempt to collect the same price. I be- year to 2 years. So now 50-year-olds 100 percent before taxes, an above-the- lieve that if Bill Gates goes into the getting a mammogram on their 50th line write-off. I mean, that’s all right. hospital and gets a hip replacement birthday, their 52nd, 54th, 56th, and on. But why, then, would it not be the case and Steve King goes in and gets a hip That cuts more than half of the costs for a sole proprietor, for a partnership, replacement, and Joe the Plumber goes of the mammogram tests, breast can- for an LLC—unless they took a salary in and gets a hip replacement, it’s all cer tests, that are going on in this out and incorporated in order to take a the same procedures from all of the country if everybody follows that di- salary out and deduct those pre- same providers; it all ought to be the rective. miums—an individual or partnership same bill. I would suggest that the Federal cannot deduct in the same fashion 100 If we did that, if we had trans- Government ought not be giving those percent of the overall health insurance parency, that will bring together and kinds of recommendations. But I will premiums like a corporation that has reduce the cost-shifting because the submit, Mr. Speaker, that this is a lit- employees can? American people will understand that tle preview, a little window into what Now I am going to suggest—and I they have to go shopping, they have to the Federal Government would be think it is a fundamental principle negotiate, they have to advocate, and doing if this socialized medicine bill here in America—that if anything is if they have their health savings ac- should find its way through the Senate, deductible for any entity, it ought to count that they’re managing, they will through conference, and off the floor of be deductible for every entity. I can’t have an incentive then to negotiate for the House and Senate and to the Presi- think of a single exception that tells a health care cost and outcome that’s dent’s desk, where I am convinced he me that that would be wrong. favorable to them and consistent. will sign anything that has a title on it So I will take this position—and I But instead, we patients in America, that says ‘‘national health care.’’ This have—that if corporation X, Y, or Z we are a lot like sheep. We get led into is just a little preview of what we will can deduct a premium for a Cadillac health care, and when we get sick, see. plan or an average run-of-the-mill most of the time, much of the time, the We will also see rules and regulations health insurance plan, if they can de- patient in America doesn’t pay the bill. that will come down that are hard duct a hundred percent of that pre- They’re not concerned about the cost. rules, not just recommendations. It mium, so should self-employed Joe the They simply show up at the clinic and will be the Federal Government is pay- plumber, or John and Mary the farm the doctor examines them and says, All ing for this so that means you don’t get operation, or the gas station people, right. Now you need to go to a spe- a hip replacement if you’re over a cer- anybody else that’s out there; or an in- cialist here, here, and here. Run these tain age, or a knee replacement, or cer- dividual who is working for a wage for tests. You show up at the hospital, the tain tests, or certain cancer treat- an employer that’s not providing surgery is performed, if that happens ments. They will declare ‘‘end of life’’ health insurance and wants to go out to be what is ordered. And they gen- to be something different than the fam- on the market and buy their own. I be- erally heal up, they get great care and ilies and the individuals consider it to lieve that that premium should be 100 go home. And some don’t address the be. It has happened in every country percent deductible. If we did that, just bill at all. Some of them look at it but that has socialized medicine. And simply provided full deductibility, they know somebody else is paying the many of the people there just simply that, Mr. Speaker, will insure another lion’s share of that bill, and they’re not capitulate. million Americans. And that gives us concerned about the overall cost of A number was published the other equity in this deductibility. their health care. day that 4,000 babies are born in Great I talked about HSA expansion. We Therefore, if an aspirin costs 20 Britain in the hallway and not in the also need, Mr. Speaker, transparency bucks, they’re not going to raise the OB section because they don’t have in billing. issue. But if it is coming out of their room because the rationing of health We have today cost-shifting going on pocket, if they’re negotiating this, if care and the lack of practitioners in the health insurance industry and they’re trying to hold together the causes women in labor to back up in the health care industry, and when you nest egg of a health savings account, the hallways and have their babies have Medicare reimbursements that then they’re going to look at the cost; there rather than in the delivery room. are coming in at significantly less than and they will look at the transparency That is just one piece of data for one the cost of delivering that service, the in billing, and just the transparency country that is significantly lower in cost of delivering the service at a min- itself will be a restraint from the cost- population than we are here in the imum, along with some profit from shifting. And the cost-shifting is kind United States. profit margin—which is a good thing; of a big, not much spoken—not com- So I have suggested two things the it’s an incentive for people to do well pletely unspoken—but not much spo- Republicans are for: ending lawsuit and a reward for those who are out ken problem that we have with health abuse, allowing for the purchase of in- there providing some of the best serv- care in America. surance across State lines. ices and especially the innovative serv- Four, association health care plans. The third thing is to provide for port- ices—but the cost-shifting takes place This is Republicans. And this is legisla- ability. Let people own their policy so when Medicare doesn’t pay it all, it tion that we moved also through this when they leave their job or move from goes off onto some other entity, wheth- Congress—that was blocked by Demo- their State or whatever that change in er it be a private health insurance pro- crats—that allows people of professions their life might be, that it is their pol- vider or whether it be an individual to join together and bargain and nego- icy, they get to take it with them, and that might be self-insured. There are tiate and buy insurance packages with- they own it, and that will give them also the cases, I understand, of those in their professions. So let’s say the the freedom and mobility from job to that are uninsured. plumbers get together and they nego- job; freedom to be independent, to start But we need transparency. We need tiate; the accountants get together and a business, freedom to manage their to be able to take a look at these bil- they negotiate. In a similar fashion own health care. lings, and I am not interested in the where credit unions exist and they Another component of this, Mr. names of the patients. But I am inter- have a membership that fits the defini- Speaker, is 100 percent full deduct- ested in the names of the institutions tion, we can let people buy health in- ibility of everybody’s health insurance and the consistency or lack of consist- surance in the same way, by associ- premiums. That’s also something that ency in the billing procedures. ating and buying health insurance. I’m confident would be ridiculed by the I believe that if you’re going to get a And a piece of this that I have briefly other side of this argument. A hundred hip replacement in San Francisco, then mentioned that needs to also be strong- percent full deductibility. those people who would get that hip re- ly sustained in this health insurance

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.091 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13054 CONGRESSIONAL RECORD — HOUSE November 17, 2009 debate is catastrophic insurance. Cata- some of them. Democrats have blocked and we have too many uninsured. Now, strophic insurance is that insurance all of them. Why did they do that? Why we spend too much money is the alle- that as our health savings accounts did Democrats block logical, free mar- gation because it is being pointed out grow, we end up with a nest egg. ket, freedom-loving solutions to health that a lot of the industrialized world I gave you a description, Mr. Speak- care? Because their crown jewel is so- will spend an average of about 9.5 per- er, of how a young couple arrives at cialized medicine, 1,990 pages of social- cent of their gross domestic product on $950,000 in their HSA at the age of re- ized medicine that took months to le- health care. We will spend about 14.5 tirement. But let’s just manage this in verage and arm-twist to get just barely percent. Some will give you a number terms of $5,000, $10,000, $20,000, maybe enough votes to squeak by in the House that it goes up to 16 percent and maybe $50,000 in an HSA. Now, if I am a young of Representatives. a little more. I am comfortable with family and I happen to have been Those are the facts. And this bill pro- the 14.5 percent number. maybe working for 5 years and have vides some really ugly things that hap- I am not here to argue that we do not been able to accumulate $20,000 in my pen to the American people. For exam- spend too much on health care. I think health savings account, I am pretty ple, here are some real numbers, Mr. we spend somewhere around $203 billion comfortable to negotiate the lower pre- Speaker. A healthy, 25-year-old male in a year unnecessarily when it comes to mium with a $5,000 deductible or even a Indianapolis today would pay about $84 lawsuit abuse in America. So that is a $10,000 or a $15,000 or a $20,000 deduct- for a health insurance plan. This is a number that I would subtract a large ible. That takes the premiums down typical plan. The same plan under the share of that from the cost of our over- dramatically and it provides an incen- bill that passed the House, the pre- all health care before I get down to we tive for an individual to pay out-of- mium would go to $252 a month. That are not spending too much. But we also pocket for their minor health care is a 300 percent increase in the pre- make more than those countries that costs, or pay out of the health savings mium. It triples the premium for that are spending 9.5 percent. account for the minor health care costs young man. We have the best health insurance in- but to keep that nest egg intact. And Now, why would we triple the cost for dustry in the world, and we have the instead of paying that higher premium, people who don’t have a lot of risk and best health care delivery system in the that premium that, by the way, if a lot of liability, especially if they are world with the best individual out- you’re 40 years old in a family of four at the entry level of their income? And comes for practices in the world. And in Indianapolis, for example, that fam- we are raising the costs on people at they will argue that there are civiliza- ily would today be paying about $535 a the lowest level of their income. You tions, societies, countries, cultures month for their health insurance. go around to the other end of this, and with policies where people live longer Now, if you could raise that deduct- if you take a couple that is roughly 60 than they do in the United States. ible and raise the copayment compo- years old that have some marginal They don’t seem to want to dig down nent of it, then that premium would go health, I will say a less healthy 60- and ask why. down and the savings would be some- year-old couple in Indianapolis, they First, just a couple of months ago we thing that goes back into—and at least would be paying about $1,169 a month got the announcement that the life ex- figuratively if not literally and may be for a similar health insurance plan. pectancy of Americans has been read- literally—the health savings account. That adds up pretty good over a year. justed upwards 2 years. Two years. Now The incentive for people to manage And their premium under this bill the numbers that are being quoted by their health insurance premiums and would actually be reduced about 11 per- the other side, by the Democrats that the incentive for people to grow their cent down to $1,043. Now maybe that are pushing socialized medicine, they health savings account needs to be ex- makes a difference to that older cou- don’t take into account that adjust- panded, not eliminated. ple. Presumably, though, someone at ment in the extension of the life ex- But I haven’t met anybody who can 60, they will be making more money pectancy. point to this health care bill, this 1,990- than they did when they were 25. They They will argue that our infant mor- page monstrosity with a 40-page will be making more money than that tality rates are higher than a lot of the amendment, that can tell me that 25-year-old that sees his premiums tri- rest of the industrialized world. I will health savings accounts can even sur- pled so we can reduce the 60 year olds argue, Mr. Speaker, that we count the vive this bill in itself. by 11 percent. babies that die. We have a more accu- This is a transfer of wealth in Amer- rate data system and reporting system b 1815 ica, a transfer of risk and liability. And than most, if not all, of the other coun- Mr. Speaker, I have listed through by the way, that 40-year-old family tries, so our infant mortality is going here Republican solutions, and STEVE with two children, a family of four, to be higher than it is going to be in KING solutions for health care. Some of mom and dad around 40 years old that countries that don’t record the infant these we have passed out of this House. are paying $535 today in Indianapolis, deaths. It is false to say Republicans have done would be paying $1,187 under this new These are not measures of the health nothing. The record is replete with leg- bill. That is a 221 percent increase in care system unless you drill down into islation that has passed the House of the premium. it and come up with a reason as to why, Representatives and legislation that That should tell us what is going on, if there is a society that lives longer, has been introduced into the House of Mr. Speaker. These are bad things for who are they and why. Do they abuse Representatives, at least 42 bills in this America. substances less? When you subtract the Congress, all blocked by Democrats, all I am going to go down through a lit- fatalities from car accidents and sui- blocked by the Speaker of the House. tle bit of this. Here are the principles cides, perhaps, and those that are These logical solutions that I have that have been laid out by the Presi- dying from other kinds of accidents, listed, including ending lawsuit abuse, dent. are we a more active society? Once you buying insurance across State lines, He argues that the economy has been make those adjustments, I don’t be- providing for portability, providing for and remains and he would argue that it lieve it holds that Americans don’t full, 100 percent deductibility of health has stabilized somewhat in a downward have the kind of life expectancy that insurance premiums, expanding health spiral, that we are in an economic cri- competes with any country in the savings accounts, providing for trans- sis. This is part of the dialogue that we world. I believe we do. parency in billing, providing for asso- have heard over the last year and a And I believe we have, again, the best ciation health care plans, and pro- half or so. He has said that we can’t fix health insurance industry in the world tecting catastrophic insurance, all of the economy unless we first fix health and the best health care delivery sys- those are Republican principles. Many care. Does anybody remember that? We tem in the world. But the President of those have been blocked by this can’t fix the economy unless we first has been very critical of our costs and Democrat Congress. fix health care. our uninsured. And I think it is not a question of What is the problem with health So aside from the costs, the other whether Republicans have ideas. We care? Two things. According to the point is too many uninsured. Well, the have all kinds of ideas. We have moved President, we spend too much money uninsured in America are on this chart,

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.092 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13055 Mr. Speaker. It comes out to be this. program. But that is what these slivers going to call that person that is yet to Their number is 47 million; 47 million are here, the yellow and the black. be named, and we don’t know what uninsured. Then this orange piece here, these that office will do, what their respon- Now, if we just accept that number, are the individuals earning over $75,000 sibilities will be, but here is what we that sounds like a lot. We have to ask a year. I think they can find another do know. We do know we passed a 2,000- the question: Who are these 47 million? solution other than a subsidy from tax- page bill and it goes over to the appro- Well, first of all, it does include 9.7 mil- payers in the market system. priate Federal agencies and all of the lion who qualify for a government And the green are those eligible for a rulemaking starts. health insurance program, mostly Med- government program, these 9.7 million b 1830 icaid, but don’t bother to sign up. So who just didn’t bother to sign up for that is 9.7 million. Medicaid. We don’t need to provide for Think back to 1996 when this Con- The second number are there are them. It is already there. They will get gress passed a bill called HIPAA, and those who qualify for an employer- coverage whether they sign up or HIPAA was supposed to give us port- based plan but don’t bother to sign up. whether they don’t, but we can’t solve ability in health insurance. And it was That number is somewhere around 6 it with this solution. a good thing. People needed to have million. Then those eligible for employer- portability in health insurance. But a And then those who make over $75,000 sponsored plans, about 6 million, and little paragraph in the bill that re- a year, that is around 6 million. they don’t bother to sign up or opted quired some privacy provisions to be Those eligible for government pro- out. included in the bill turned into, what, grams, 9.7 million. It shows 10 here. So you are down to this 4 percent. 10,000 pages in the Federal Register, Eligible for employer-sponsored, 6 This red one here is the only one that and every doctor’s office across the million. I am concerned about, 12.1 million land in early 2000 had to start com- Then you have those undocumented, Americans out of 306 million, less than plying with these. noncitizens, about 6 million, and then 4 percent of our population, and for You know, you go to the doctor’s of- there is another 4 million who are legal that, for this red sliver, Mr. Speaker, fice now and the first thing you’ve got immigrants but are barred by law from Democrats have a magical solution for to do is sign three forms. You’ve got to government programs. So altogether, too many uninsured. Socialized medi- sign them every time you go in, and illegal aliens and immigrants are cine, a single-payer plan, incremen- they are the HIPAA disclosure forms. around 10.1 million. tally imposed upon America by setting Congress, your Congress, required your When you subtract these numbers, il- up a health choices administration czar doctor to do that. And to be perfectly legal aliens and immigrants, from the that writes new rules. And in the bill, honest, doctors’ offices were never the 47 million, those who qualify for Med- the result is, reading the language, the problem with disclosure of sensitive in- icaid from the 47 million, those who cancellation of every health insurance formation in the first place. But we are qualify under their employer and don’t policy in America, whether it be 2011 or the recipients of that. sign up, and those who make over 2013, they all have to go back and Okay. Now we’ve got a 2,000-page bill. $75,000 and don’t bother to buy any reboot, push the reset button, push It is going to go over to the Depart- kind of health insurance program, now control, alt, delete and see if they can ment of Health and Human Services, you are down to Americans without in- write a health insurance policy that and all of the rules and regulation are surance who do not have affordable op- would comply with the new regulations going to be written regarding that tions. That is 12.1 million. I like my that will be written by the new health 2,000-page bill. Remember a single choices administration czar. That’s other chart better. The number is 12.1 paragraph led to thousands of pages in where we are. So 1,300 companies, million. the Federal Register and thousands of So 12.1 million Americans without 100,000 policies, none of them can be comments on the rule-making. health insurance and those without af- guaranteed under this bill that a single Well, we do have a Secretary of policy qualifies with the whims or the fordable options is less than 4 percent Health and Human Services, Secretary regulations that would be written by of the overall population of the United Sebelius. Part of that agency that will the new czar yet to be appointed even States. This is how this breaks down in be charged with writing these rules and though he would be confirmed by the these categories, and this yellow-or- regulations is the Center for Medicare Senate. and Medicaid Services. We do not have ange segment is the segment of the I see my friend from Texas has ar- overall 47 million uninsured that don’t an administrator in the Center for rived. Congressman MIKE BURGESS is a Medicare and Medicaid Services. CMS have affordable options. medical doctor. He has lived this. He Now, this piece right here, Mr. sees this agenda and sees how this ac- has lacked an administrator since a Speaker, I will put this on the broader tually happens in real life. He has been week before inauguration when the chart of the overall American popu- a fighter for freedom, and I yield to the previous administrator who was under lation. This is the population of the gentleman from Texas. the Bush administration said thank United States at about 306 million. You Mr. BURGESS. I thank the gen- you very much and left. And that agen- can see that 84 percent of Americans tleman for leading this important dis- cy has been without an administrator are insured, and 85 percent of Ameri- cussion tonight because it is critical since that time. cans are happy with the policy and the that people understand not only what Now, why is that important? Because program that they have. is at stake but what realistically is this is the individual who is going to So it is the vast majority of Ameri- possible. have to sift through all of the legisla- cans, these little pie slivers up here go The programs that are talked about tive language in this bill, match it up down through this category. The yel- in the bill that was passed here late on with the Social Security Act and Medi- low and black are illegal immigrants Saturday night by the slimmest of care Act, put all of these things to- and aliens. And, Mr. Speaker, I am not margins, none of those programs are gether and write the rules and regula- for providing health insurance pro- going to be available the day after the tions under which your doctor’s office grams for illegals. If they broke into bill is signed, or the day after the day will have to practice. And we don’t the United States and violated our after the bill is signed. In fact, it is even know who that individual is. It laws, I am not going to set a carrot out going to take time to construct this may be someone quite competent. It there and reward them for breaking massive new government entitlement may be someone who is just a political our laws and giving them taxpayers’ program/insurance program. And as a appointee. We don’t know, and therein money and handing them a health in- consequence, it will be some 4 years be- is the problem. surance policy. That is what some peo- fore those programs are available to Now, the gentleman has done a very ple like LUIS GUTIERREZ and others are help the people that were in the 4 per- eloquent job of talking about the 4 per- for, and MIKE HONDA of California are cent margin of folks who are unin- cent of the people that we actually for. STEVE KING is opposed, and I will sured. likely set out to help when we started stand in opposition of socialized medi- Now, the gentleman talked about the down this road. And I’m sure the gen- cine and funding illegals under that health benefit czar, whatever we are tleman heard it in Iowa during the

VerDate Nov 24 2008 04:51 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.095 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13056 CONGRESSIONAL RECORD — HOUSE November 17, 2009 summer. I certainly heard it in north Mr. KING of Iowa. Reclaiming my The list of the colossal magnitude of Texas in my town halls. At that time it time, I would like to pose a question this socialized medicine bill goes on was only a 1,000-page bill. I can only and ask your response. and on: 111 new agencies, 2,030 pages al- imagine what they’re saying about a In the previous hour, the gentleman together, and the bottom line of it is, 2,000-page bill. We don’t want a 1,000- from Ohio alleged that that $54 billion Mr. Speaker, the dramatic reduction of page bill to take care of a problem that that would be saved by the lawsuit Americans’ choices and thereby our actually could be taken care of with abuse reform would only be 1 percent of freedom and liberty under assault by simple reform within the insurance in- the overall cost of our health care; people who believe that we have to dustry. therefore, it’s of small consequence and have a nanny state and live under so- The problem that needed to be cor- apparently not worth the trouble to cialized medicine. And I stand in oppo- rected was the individual who had a take on the trial lawyers for that 1 per- sition and I will fight this all the way. tough medical diagnosis, a preexisting cent. And I’ve made a response to that, And I do believe the American people condition, who loses their job, loses but I would offer to the gentleman for will rise up and kill this socialized their insurance, doesn’t get coverage his viewpoint since that is a field of medicine bill. within the appropriate timeframe and your expertise. Kill the bill, Mr. Speaker. Mr. BURGESS. Well, in fact, that is therefore is excluded from coverage for f a fairly narrow window that they’re time immemorial because of this tough looking at. They’re only looking at in COMMUNICATION FROM THE medical diagnosis. the Federal system Medicare, Med- CLERK OF THE HOUSE Someone my age loses their job, has icaid, SCHIP, Indian Health Service. The SPEAKER pro tempore (Mr. a heart attack, their insurance cov- The Federal Government pays about 50 erage lapses. They’re going to have a KISSELL) laid before the House the fol- cents out of every health care dollar lowing communication from the Clerk tough time getting back in. These are that’s spent in this country; so in ef- the people we heard from during the of the House of Representatives: fect you could double that number to OFFICE OF THE CLERK, summer. Yes, we didn’t want the $100 billion that you would save over Democrats’ bill, but we do need some HOUSE OF REPRESENTATIVES, all persons who are insured, covered, Washington, DC, November 12, 2009. help for this segment of population cash customers, and those covered by Hon. NANCY PELOSI, who falls into that category. They Federal programs. Office of the Speaker, H232 Capitol, Wash- want insurance. They would even be In Texas we did pass significant li- ington, DC. willing to pay a little more for the in- ability reforms back in 2003. It has DEAR MADAM SPEAKER: Pursuant to section surance because they recognize their made a substantial difference in Texas. 1(k)(2) of H.Res. 895, One Hundred Tenth Con- human vulnerability is now on display. I will just tell you from the standpoint gress, and section 4(d) of H.Res. 5, One Hun- Yet they cannot find it at any price. dred Eleventh Congress, I transmit to you of a practicing OB/GYN doctor, in 1999 notification that Paul J. Solis, Nathaniel And some of the things that we could the cost of a policy for a million dol- Wright, Kedric L. Payne, and Jon Steinman have talked about, had we been reason- lars of liability coverage in the Dallas/ have signed an agreement to not be a can- able about this, had we been truly bi- Fort Worth market was around $25,000. didate for the office of Senator or Represent- partisan about this, is we could have It had more than doubled to $57,000 by ative in, or Delegate or Resident Commis- talked about what type of insurance re- 2002. It is back down now to $35,000 in sioner to, the Congress for purposes of the form. And, in fact, the President, when the years since this bill was passed. So Federal Election Campaign Act of 1971 until he stood here before the House of Rep- there is an immediate substantial ben- at least 3 years after they are no longer a resentatives in September acknowl- efit in premiums, but the big savings member of the board or staff of the Office of Congressional Ethics. edging that it’s going to be 4 years be- come in the backing out of defensive Copies of the signed agreements shall be fore any of this stuff becomes avail- medicine that is practiced. retained by the Office of the Clerk as part of able, he referenced JOHN MCCAIN’s dis- Mr. KING of Iowa. Reclaiming my the records of the House. Should you have cussion during the campaign a year ago time, I thank the gentleman from any questions regarding this matter, please where perhaps something like an Texas. contact Ronald Dale Thomas at (202) 226–0394 upper-limits policy or a high-risk pol- In the minute or so that we have left, or via email at Ronald. icy would possibly bridge that gap dur- I have in here in my hand a list of the [email protected]. ing those few years until their new new Federal agencies that are created Sincerely, LORRAINE C. MILLER. policies are available. Well, I would by this bill. just simply submit if we would have This is the old chart for H.R. 3200. f spent the effort working on that bridge That’s pretty scary. This is the new AFGHANISTAN policy, if you will, maybe the rest of chart, and in the middle of that is the old chart. Now, here are all the new The SPEAKER pro tempore. Under this stuff would not have been nec- the Speaker’s announced policy of Jan- essary. agencies that are created. Well, actu- ally maybe not all of them. I’ve just uary 6, 2009, the gentleman from Cali- There are ways to get at this, with highlighted a few of them on the front. fornia (Mr. ROHRABACHER) is recognized high-risk pools, with reinsurance, sub- The program of administrative sim- for 60 minutes. sidize those States that are willing to plification, I think they know they’ve Mr. ROHRABACHER. President participate in that. The Congressional got something complicated. Health Obama will soon make a decision that Budget Office estimated it would cost choices administration, that is the will chart the course for America’s in- $20 billion over the 10-year budgetary scary part, this guy right here. That’s volvement in Afghanistan for years to cycle in order to beef up those high- the new commissar-isioner, referenced come. risk plans to be able to accommodate by the gentleman from Texas. The I personally am not upset that it has those individuals who are involved, qualified health benefits plan ombuds- taken President Obama this long to de- even make it a little more generous man, which tells you no one can deal termine his response to General than that if you want. For heaven’s with this bureaucracy so you have to McChrystal’s request for an additional sakes, $20 billion over 10 years is a far have an intermediary already written 35,000 U.S. combat troops to be sent to sight less than a trillion-plus dollars into the bill. I don’t know if you have Afghanistan. This is a monumental de- over that same 10-year interval. to have somebody to deal with the om- cision, and it comes when the radical And I would suggest that this Con- budsman. Islamic Taliban and al Qaeda move- gress, if they were willing to pass the The health insurance exchange, ments seem to be gaining momentum. liability reform the gentleman ref- where all of these policies and insur- It also comes when our troops through- erenced, save that $54 billion that the ance companies would have to be ap- out the world are stretched to the Congressional Budget Office said we proved. The State-based health insur- breaking point and when our economy could save, and put all of that money ance exchanges as well. Public health is frayed. It comes when the debt that toward helping those people with pre- insurance option, well, that’s the one America is piling up is not just alarm- existing conditions, we could go a long that will squeeze out the private insur- ing but suicidal. This is not the time way towards solving these problems. ance companies. for business as usual, nor is it the time

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.099 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13057 for brash decision-making. A decision U.S. forces under Ronald Reagan, yes, were people who were totally incon- to send U.S. troops to Afghanistan will were sent in to the small island nation sistent with our outlook and our views cost money, lots of it; and it will cost of Grenada, which was in the throes of on respect and on freedom and indi- lives. a Marxist military clique’s murderous vidual rights. Many of them were, by In the past, powerful nations were rampage. Grenada was a limited oper- the way, very, very supportive of treat- humbled in the rugged terrain of that ation, but it was significant because it ing people decently and were not rad- desolate country. Yes, a desolate coun- proved America was willing to use its ical Muslims in that regard. But they try, dotted by thousands of small vil- military forces after suffering a demor- were flawed people who we supported lages, populated by tribal people so alizing national malaise which is best to fight the Soviet Union that we independent and so ferocious that they remembered in history as the ‘‘Viet- brought down. That’s how the Soviet have never been conquered. Through- nam Syndrome.’’ Union was brought down, not by send- out history, attempts to conquer Af- Another deployment President ing in U.S. troops, but not trying to be ghanistan have met with bloody fail- Reagan agreed to make was sending perfectionists in who we would then ure. War there is not defeating an marines into Lebanon, which resulted support, but to try to defeat our pri- enemy; it is conquering a people. And in a catastrophic attack on our ma- mary enemy. these people have never been con- rines which left 290 of them dead and During those years, I worked in the quered. many others severely injured. After Reagan White House as a senior speech British writer Rudyard Kipling once that, Reagan was reluctant to deploy writer and, yes, as a special assistant wrote: ‘‘When you lie wounded on the our troops. And during his administra- to President Reagan. I worked with a Afghan plain and the women are com- tion, if you take a look at the records, small cadre of patriots who made the ing to cut the remains, roll to your he deployed troops into combat many Reagan Doctrine real. In fact, the right and blow out your brains and go fewer times than most other Presidents speech-writing department is actually to your God like a soldier.’’ did during the last century. Yet, he is given credit by many to actually have The British Army dominated vast ex- portrayed as a Cold Warrior and is developed that doctrine and made it pansions of India for two centuries, but branded, and was branded then, by the into a doctrine rather than a loose it was never able to subdue the Af- liberal left as a warmonger. Yet, he de- strategy. ghans. Thousands of British troops lost ployed our troops fewer times than Well, those people in the White House their lives trying to do just that. In most other American Presidents. who made it real and turned it into a 1842 a British force of 16,000 withdrew Yes, Ronald Reagan, more than any policy, into actual strategies that were from their fortress in Kabul. That force other leader, was one who we should being put in place and put to use dur- was then beset upon by Afghan tribes- basically praise for the defeat of Soviet ing the Cold War were a very, as I say, men who cut them to pieces. Only one communism. That enemy threatened small group of patriots; Constantine member of the original contingent of our security and the freedom of our Menges, who came from the CIA and 16,000 made it to the city of Jalalabad. people and the freedom of people then over into the National Security That one person who survived was the throughout the world, yet he did not Council, Bill Casey of the CIA, Colonel regimental surgeon, Dr. W. Brydon. It send our troops into hostile action Oliver North, Admiral Poindexter, Dr. was thought that perhaps he was per- after the Beirut debacle resulted in the Paula Dobriansky, Vince Canistrano, mitted to survive. death of so many of our marines. Well, Ken DeKrafenty, all of those on the Russia too has had its comeuppance if he didn’t send in our troops to var- White House team, on Reagan’s team, in the hostile Afghan countryside. It ious places, how, then, was our country the administration team, who played a was one of the Soviet Union’s most so well defended during that time, and crucial war role in defeating Soviet telling chapters, and it was also one of how was the evil power of Soviet com- communism, not by orchestrating the Soviet Union’s last chapters. munism defeated? moves to send more troops here or After America’s inglorious conclu- Well, the answer is what is called the more U.S. troops here, but instead to sion of its military operations in Viet- ‘‘Reagan Doctrine.’’ This strategy was try to support those people throughout nam, our Soviet global adversary was based on the concept of helping others the world who were fighting against emboldened. Then with the fall of the fight their battles when their foe was Soviet tyranny themselves. Shah of Iran, a power vacuum was cre- our foe. Rather than sending U.S. And, of course, we had support, and ated that the Soviets hoped to fill. troops into Central America, for exam- we had an initiation of such ideas and They were then engaged in a post-Viet- ple, when the Soviets armed its stooges concepts and support of the policy by nam War offensive throughout the who were in the process of establishing Dr. Jack Wheeler, who is also a person world. So when chaos and volatility a Marxist dictatorship in Nicaragua, who worked with us in the White House erupted in Afghanistan as a result of a and the Soviet Union sent a billion and but was independent and went into blood rift between two Afghan com- a half dollars worth of military equip- these various places around the world munist factions, Soviet leaders sent in ment to back up that Marxist regime, and met the leaders of various anti-So- the Red Army. They did that to unify no, Reagan didn’t send U.S. troops viet insurgencies throughout the world the communist factions and to pacify down there to fight the Sandinistas. He and reported directly back to us and the countryside in Afghanistan, which armed those Nicaraguans who were re- the White House as to what was going was already hostile to the communist sisting that regime, the so-called on in those insurgencies. ideology and very hostile to foreign ‘‘Contras.’’ Yes, of course, we need also to thank troops. Perhaps as a payback for the In Africa, America helped arm Jonas Members of Congress who were sup- massive Soviet aid provided the North Savimbi and his Unita group as they portive of those efforts. Let us note during our conflict in Vietnam or per- fought a Soviet-backed regime in An- that Ronald Reagan has often said that haps just as a means of weakening the gola. And neither of these two groups it was bipartisanship that ended the Soviet global military power, during were perfect. They had many imperfec- Cold War. But I remember very clearly Ronald Reagan’s administration, dur- tions. These were flawed allies. But Ronald Reagan being called a war- ing his Presidency, our government they were fighting for their own coun- monger. I remember very clearly those provided weapons and other support for try, and they were fighting their own efforts to defeat the expansion of So- the Afghan insurgent forces who were countrymen. We did not rely on send- viet power in Central America being battling Soviet occupation troops. ing in U.S. troops. We supported those undermined directly by people in this people locally who were fighting their Congress who wanted to label Ronald b 1845 adversary as long as their adversary Reagan as the problem rather than As compared with other 20th-century was our adversary as well. communist tyranny as the problem. Presidents, Reagan rarely depended on And, of course, most importantly, we But there were other people on the a policy of deploying U.S. troops to armed and we supported the Mujahe- other side of the aisle and on the Re- solve problems and to combat enemies. deen in Afghanistan who directly took publican side of the aisle who were ac- I know that goes against what a lot of on the military might of the Soviet tive in support of the Reagan Doctrine, people think about Ronald Reagan. Union. Again, many of the Mujahedeen the concept of helping freedom fighters

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.101 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13058 CONGRESSIONAL RECORD — HOUSE November 17, 2009 throughout the world instead of send- torn country as we encouraged them to That backfired on us then, and, in ing U.S. troops. fight, bleed and sacrifice in order to de- fact, during the gulf war, the first gulf The most prominent name nowadays feat the Soviet Army. war, it is significant that the Mujahe- is Charlie Wilson. Yes, Charlie Wilson The Afghans paid a monstrous price deen radicals that we had supported, as an appropriator, who helped get the for their victory: 1 million killed, even Hekmatyar Gulbuddin in particular, money for the Afghan freedom fighters, more wounded, and devastation sided with Saddam Hussein. This after played a significant role, as his book throughout their society. These brave we had provided him with more than a and subsequent movie suggests. But he and heroic people stood up and defeated mountain of weapons. No. I argued was not the only one. Charlie deserves our mutual enemy. against this stupid strategy based on credit, but so do those other people, I was blessed with not just meeting empowering religious fanatics. It was some of the ones I just mentioned, and the leaders of the anti-Soviet Mujahe- totally unjustified, especially when others, people who made sure that deen when they visited Washington there was a moderate alternative. Dur- those people who are fighting for free- back in the 1980s. I actually went into ing the war with the Soviets, there was dom in various countries did get those Afghanistan with a Mujahedeen com- a moderate alternative in that we had supplies and that the Reagan Doctrine, bat unit and participated for a short groups of Mujahedeen fighters who the concept was implemented. time in the battle of Jalalabad, which were not the radical Islamists that We made sure that the Russians was the last major battle in which So- eventually became the Taliban. learned the lesson that we learned in viet troops were present. b 1900 Vietnam. The introduction of U.S. I do not recount these moments in combat troops in Vietnam did not history to bring praise upon myself, It is a mistake many people make. work. And it was that war that tremen- but instead to lend personal authority They think the Mujahedeen were the dously weakened us. But it was the in- to the battles we endured then and to Taliban. The Taliban came later. But I troduction of combat troops, I believe, the issues that confront us today. That could see that empowering religious fa- into Vietnam that weakened us be- weeklong exposure to that Afghan bat- natics when there was a moderate al- cause the dynamics were changed. Hav- tle gave me a lasting admiration for ternative was not the right way to go. And after the Soviets had been driven ing massive troops deployed in a to- these unconquered people. It was the out, there was a moderate alternative. tally foreign culture did not work for courage of the Afghan people, more The moderate alternative was King our side in Afghanistan. And here we than any others, that broke the will of Zahir Shah. He was an exiled king had our troops in a totally foreign land the communist leadership in Moscow right before the Soviets took over. The on the other side of the planet, and by and, yes, brought about the collapse of fact is he had ruled that country for 40 introducing those troops, rather than the Soviet communist threat that had years. He was the only leader who ever focusing perhaps on helping the people loomed over our heads for decades. gave Afghanistan a time of tranquility in Vietnam to fight their battle, we set When Soviet troops moved out of Af- and progress. And he did that by not up a dynamic that worked itself out, ghanistan, instead of fulfilling our promise to help rebuild their war-torn trying to impose his rule on the rest of yes, and as it worked itself out, it de- the people of Afghanistan, but instead feated our efforts and left the United land, we left those brave people to sleep wounded in the rubble. We did not ruled as a monarch, as a symbol, as a States with 50,000 dead, a world humil- father of his country. even provide them the resources they iation and a country in retreat. Well, he was available. He was living needed to clear their country of land I spent some time in Vietnam in 1967, in exile in Rome. I argued that case although I was not in the military. mines that we had given them during that he should be the one brought back Part of my experience was in the Cen- their war against the Soviet Army. to unify the country, not some radical tral Highlands, where I hooked up with Thus, we left them with a country in Muslim sect like the Taliban, but the a special forces unit that was operating which, for a decade, the legs were Saudis and the Pakistanis were insist- out of an old French fort near the Viet- blown off their children as they walked ent. They thought they could control namese city in the Central Highlands through the countryside. We didn’t the Taliban and they would use the by the name of Pelku. It was there that even provide them the help to clear Taliban—control of the Taliban to con- I first saw a strategy that worked. Our their mines at that time. trol Afghanistan. Of course, America special forces teams had turned the Now that decision to walk away from just went long with it. montagnards, Vietnams’s indigenous Afghanistan was the decision not of President Bill Clinton and his admin- mountain people, into an American Ronald Reagan, but of President istration signed on to that deal. Well, ally in this bloody, elongated conflict. George Herbert Walker Bush. And, of it is was an easy way out. We’re going Yes, our military forces in Vietnam course, as we walked away, the anti- to provide so much money and assist- were never defeated—our military likes Soviet Mujahedeen broke into warring ance, and the Pakistanis were there. Of to say that. They were never defeated factions. The chaos and misery was course, then people didn’t realize that on the battlefield, not in one major predictable. But, of course, we just the Pakistani military and the ISI, battle. But we lost the war. The strat- walked away. We let them just go down who we have since proven were actu- egy was wrong. into the depths of misery and of con- ally radical Islamists themselves, they In the Central Highlands, the flict and of self-mutilation of that soci- were the allies of the worst anti-Amer- montagnards were with us. In fact, I ety. ican radicals in that region. felt very secure, and I knew the Eventually, during the Clinton years, So, in reality, America, in the mid- montagnards would put a high priority our government made a secret pact 1990s, was covertly supporting the on protecting me while I was with with Saudi Arabia and Pakistan to end Taliban. We covertly supported its cre- them, even though I was an American. the chaos in Afghanistan by intro- ation and we made sure that our aid Yes, in the Highlands, the montagnards ducing a new force called the Taliban. was channeled into those areas that were with us. Those were the people Now I had seen the strategies before of supported the Taliban, but we short- that occupied the Highlands in Viet- assisting forces in Afghanistan who are changed all the other nonradical nam. And had the war been decided radical Islamists. I, in fact, spent con- Islamists like Masood and others who there, with those montagnards and siderable time in the White House were there and didn’t get that same those people, our enemies would have pounding on people’s desks saying, why level of aid. been defeated instead of an American are we providing military support for Most importantly, the people of Af- defeat. people like Hekmatyar Gulbuddin, ghanistan believed then, as they do In Afghanistan, America gave the Sayaff and others of the radical now, that the United States helped cre- people of Afghanistan the weapons Islamists, who were fighting, yes, the ate and was behind the Taliban. If they they needed to fight the Soviet Army. Soviets, but who were also killing believed it, and they are living with it, And when we provided them Stinger other elements within the anti-Soviet the American people should know this missiles, we gave them the means not Mujahedeens, killing them because as well. just to fight, but to win. By the way, they were not as radical in their Is- Well, the fact that the Clinton ad- we also promised to help rebuild their lamic tradition? ministration was covertly supporting

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.102 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13059 the Taliban did not stop a number of us ance—Afghans themselves, not U.S. peace was abysmal. We could have done from doing something else, from trying combat troops—that drove the Taliban what we did in Afghanistan and let the to create another alternative. Ben Gil- out of Afghanistan after 9/11. Many Iraqis liberate themselves from Sad- man, chairman of the House Foreign people now are very loose in their dam Hussein’s tyranny. Affairs Committee, along with a small words when they discuss how the The human and financial cost of the team of activists—and I’m very proud Taliban was defeated and driven out Iraq liberation and how it was accom- to have been one of them—struggled to after 9/11. When we drove them out. plished, all of the incompetence that change U.S. policy and went out to You can hear that over and over again. went with it, will be the subject of support those who opposed the Taliban. Well, it was a magnificent victory, but scrutiny for years to come. However, I was in and out of Afghanistan per- America only had 200 troops on the we have moved forward and there are sonally. Our team was working to build ground, Special Forces, when the some signs or every sign of success in an anti-Taliban coalition by uniting Taliban were driven out of Afghani- Iraq. That success—it’s clear that that ethnic and tribal leaders, especially stan. success was brought about not nec- those in the non-Pashtun areas of Af- So when you hear people say, Oh, essarily by large numbers of U.S. ghanistan. It should be noted that we well, the only thing wrong in Iraq was troops, but instead, not just the surge also worked with Pashtuns who are we didn’t come in with enough boots on of troops, but General Petraeus’s abil- anti-Taliban; leaders like Abdul Haq, the ground, we only had 200 boots on ity to use financial resources to win who was a terrific leader and one of the the ground in Afghanistan, and, in fact, the loyalty of Sunnis and other tribal great leaders in the Mujahedeen effort those 200 boots gave us a tremendous leaders in Iraq. to fight the Soviet army during their victory, and it also gave us a tremen- But what is also clear is that our Iraq occupation. He was a Pashtun leader dous opportunity to rebuild that na- focus after the defeat of the Taliban that we were working with. tion and to demonstrate the benefit of prevented us from doing what was Yes, there was King Zahir Shah, who being America’s friend. It gave us the right by the Afghan people. And there was also Pashtun, but by and large we opportunity to make up for breaking is a cost to that as well. There is a cost were trying at the very least to get our word after the war with the Soviets that we will pay for not doing what was those in the northern part of the coun- and to regain the trust and admiration right to the Afghan people and just try and those ethnic groups other than of moderate Muslims throughout the rushing off to commit our treasure and Pashtuns, because in Afghanistan, yes, world. We had that chance. our troops into Iraq by stretching our- not all Pashtuns are Taliban, but al- Afghanistan, which, by the way, is selves too thin so we couldn’t do the most all Taliban are Pashtuns. about the same size as Iraq, we had right thing in Afghanistan. During that time, during the 1990s driven out a force of tens of thousands Now, what is that price that we’re when we were working trying to create of Taliban soldiers and their al Qaeda paying? Now, after years after the ini- that coalition, I met with General allies, not by U.S. troops—only 200 U.S. tial success of driving the Taliban out, Dostum, Commander Masood, Ishmael troops were there—but instead by pro- the Taliban’s radical Islamic threat is Khan, and many others. Our team viding air support and supplies and growing. And the response to this brought together all the leaders of the communications to those people in Af- threat? Send in more U.S. combat ethnic groups of the Afghan ethnic ghanistan who were fighting against troops. Whenever that’s been tried as groups and the significant tribes. We this radical Islamic gangsters who had just a simple answer, it’s failed. When- brought them together in Frankfurt oppressed them. ever there’s been unconventional war- and Bonn in 1997, and Istanbul in 1998. Well, after the Taliban was defeated, fare that we have had to deal with, Then, in December of 2000, I and instead of focusing on Afghanistan, in- that strategy of sending in more U.S. Chairman Gilman brought the key Af- stead of keeping our promise, going combat units has not worked, whether ghan players right here to Washington, D.C., to our Foreign Affairs Committee back to keep our word, which we had in Vietnam or Afghanistan or any- room in the Rayburn Building. As a re- given so long ago—and, I might say, we where else. Foreign troops in a foreign sult of that meeting, organized by renewed that promise when we asked land fighting as combat units will al- Chairman Gilman and myself, what re- them to drive out the Taliban—instead, most always end up in hostile terri- sulted from that meeting was a phone President Bush rushed the United tory, and even those locals inclined call made during that meeting from States into an invasion/liberation at- otherwise will eventually turn against the participants here, who were anti- tack of Iraq. The battle for Iraq, how- foreign troops to side with their own Taliban people that we brought here. ever, was fought by U.S. combat countrymen. That dynamic is very That telephone call was made to King troops, a totally different strategy easy to identify. Zahir Shah, who was then living in from what had worked in Afghanistan. President Obama is being asked by exile in Rome. By the way, we could well have im- General McChrystal, who I deeply ad- During that phone call an agreement plemented a similar strategy in Iraq by mire, to send 35,000 more U.S. combat was reached that the king would return arming the Kurds and the Shiites, by troops into Afghanistan. If my experi- to Afghanistan into Masood’s territory making deals and cutting deals with ence tells me anything, it is that the and lead a loya jirga, which is a gath- Shiite leaders, by reaching out to dif- introduction of more U.S. combat units ering of leaders of Afghanistan, in July ferent people in their military and in into Afghanistan will be counter- of 2001. When that agreement did not their government. Instead, no, we sent productive and perhaps disastrous. And bear fruit, when that meeting did not in large numbers of U.S. troops in com- the likely downside to sending more occur, Ben Gilman and I dispatched bat units. Only when we pulled our U.S. combat troops is recognized by committee staff in late August and forces back and used our financial re- our own U.S. Ambassador, General early September of 2001 to Rome and to sources to buy the goodwill of people in Eikenberry, who is now our U.S. Am- Pakistan to find out why that loya Iraq did the Iraq war turn in the right bassador to Afghanistan. General jirga had failed to materialize. direction. Eikenberry is a career military officer So whatever the Clinton administra- We have heard a lot about the surge. with impeccable credentials and an ex- tion was doing, whatever their tilt to I voted for the surge and I have tried be emplary record. He has told President the Taliban, there were others of us as supportive as I could, realizing a de- Obama that more U.S. troops will trying to do what was right, and, yes, feat in Iraq would have been a horrible mean that the Afghans will remain de- all of that activity paid off. Eventu- and demoralizing event for the people pendent on our military rather than ally, after 9/11, the Afghan tribal and of the United States, and it would have stepping forward and fighting their ethnic leaders on our team and basi- emboldened terrorists and radical own battle. cally those people that we had been en- Islamists throughout the world. I tried By sending more U.S. combat troops, couraging to get together and form a be supportive, but we were obviously we will encourage exactly the wrong coalition, that coalition emerged after doing the wrong thing. We obviously behavior by the Afghans. And, obvi- 9/11 as the Northern Alliance. used the wrong strategy. The com- ously, the Afghans have proved time Most important for Americans to un- petence of the last administration in and again that they are willing to derstand now, it was the Northern Alli- carrying out that war and building fight. They’re willing to fight for their

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Yet the easy are wonderfully courageous people of Yes, we do need to use our military answer for America’s decision-makers integrity, sharing their bread because forces in places; but if we do this, if we is to send more U.S. combat troops. they were part of this national effort. send them off to missions that can’t be Well, easy answers have a great deal of We do not want that power and accomplished, we are not doing our appeal to power brokers, but easy an- strength and integrity turned against duty by them. And how do we know swers usually don’t solve the problems. us. We want them on our side, and we that? If there are two military truisms, Yes, sending more U.S. combat must be on their side. Sending more history lessons that should have been troops sounds less complicated than U.S. combat troops will not accomplish learned in the last century, they are: having to deal with Afghan ethnic, that mission. Don’t march on Moscow, and don’t in- tribal, and village leaders on the U.S. Army Major Jim Gant has writ- vade Afghanistan. ground. Sending more troops sounds a ten a booklet entitled ‘‘One Tribe At a Afghanistan will not fall to the lot easier and less complicated than Time.’’ In it, he details his account of Taliban if we support those brave peo- undoing the horrendous strategic mis- being embedded with Afghan villagers, ple who defeated the Taliban. Our takes our State Department has made and he lays out a strategy to defeat the State Department, in their rush to cen- in forcing a foreign structure onto Af- Taliban from the bottom up, not from tralize power in Kabul, actually orga- ghan society since 9/11. the top down. Certainly we will defeat nized the effort and pushed the policy In short, our government has tried to them not by sending in more American of disarming the anti-Taliban Northern force the people of Afghanistan to ac- combat units to do the fighting but, in- Alliance after their initial victory. cept centralized rule from Kabul. And stead, let these ferocious people do They have then pushed not to develop even if that government wasn’t cor- their own fighting with our support. the militias. Every village in Afghani- rupt, even if Karzai’s brother wasn’t a It’s a cost-effective plan; and even stan, every male child is considered to drug dealer, the centralized power and though it’s more complex than simply be part of the militia and is expected to decision-making that we have tried to sending more troops, it’s the only plan learn how to use the weapons of the force on the Afghan people—or at least that can succeed. It’s focused on send- day. supported that being put on them—is ing our teams, combat teams, to live Now through that militia, we can totally contrary to the Afghan history with the Afghans in their villages, mobilize that. And when they say to and culture. These people are brave. helping them build their militia struc- us—and I have read these accounts They will not be subdued and pacified ture, providing them guns and ammo over and again. They are afraid that by a Kabul army or especially by a for- and, yes, buying goodwill of their lead- America might abandon them again. eign army, even if it’s our Army. ers and perhaps helping them rebuild Well, why are they afraid? Because we No, we must make allies of the brave their country’s infrastructure. Perhaps haven’t given them the means to de- people of Afghanistan, not send in a clinic in a region, perhaps helping fend themselves. We should not only more U.S. combat troops to fight them. them get a clean water supply. give them the means, but we should Even if our troops fight against their Afghanistan has the third highest in- help them, support them, provide them enemies, it is still wrong because even fant mortality rate of any country in the air support, give them the financial if we’re fighting against the Taliban, the world. Yet we want to spend our resources, the communication gear so who are our enemies, it is still wrong money sending troops. After we prom- that they will win a victory against because it creates a dependency of the ised we would help them rebuild their radical Islam. other Afghans on us to do their fight- society, they still lose their children That is the only way that radical ing. And in the long run, the brave, not just to land mines that weren’t Islam will be defeated—not by sending courageous people of Afghanistan will cleared off but to dirty water that de- U.S. troops all over the world and espe- not appreciate that we have made them stroys their children’s lives, makes cially into Afghanistan. Yet our for- dependent upon us. That will not be ap- them sick and makes them die of diar- eign service continues to rely on more preciated. rhea. It’s a terrible, terrible thing. U.S. troops and, yes, on building a na- They are a people of tremendous in- And what is the cost of the 35,000 tional army in Afghanistan that will be tegrity. I walked through Afghanistan troops that is being suggested that we controlled by the government in Kabul, that one week that I spent at the bat- send to Afghanistan? Already I am say- a corrupt government that is not trust- tle of Jalalabad, and I remember seeing ing that the strategy doesn’t work. But ed by the people of Afghanistan and is these people. If they got wounded, if what is the actual financial cost? The not even trusted by our own leaders. they were wounded, they were gone. cost is $35 billion, $1 billion for every This is exactly the wrong approach. There was no medical evacuation 1,000 troops annually. We can buy all Instead, as I say, we should arm every there. If they stepped on a land mine, the goodwill we need, and we can help village militia which will align with they were gone. And when they were rebuild Afghanistan for far less than it us. Any village militia that will align wounded, they didn’t cry out in pain. will cost for just 1 year’s worth of with us, we should be on their side. We You had young people there fighting 35,000 combat troops. For $1 billion, we should give them guns, ammo, supplies, right alongside elderly people. could buy the goodwill of the tribal and and communications gear. We should These people were a country, a brave ethnic leaders. back them up with air support, and, and courageous country. I remember as For a very small amount of money, yes, let’s have Special Forces teams we walked through the countryside, we can help them build up their own embedded in the villages, like Major the southern part of that country had militias by which they can then defend Jim Gant has told us would be an effec- been blown asunder by Soviet air- themselves and not worry, Is the U.S. tive strategy. planes. People were living in caves, and going to go away and leave us vulner- That strategy and buying the good- they would come out. They didn’t able? Americans cannot patrol, subdue will of tribal leaders, people who were know that I wasn’t an Afghan. They and pacify every area of the globe there leading their—this is a naturally didn’t know that I was American. I had where hostile forces lurk, especially in democratic society from the bottom a beard and an AK–47 strapped across Afghanistan. It will break our bank. up. By the way, our country would my shoulder, and they came and they Our young men and women in our serv- have failed had we insisted that all the would say, Please let us, Mujahedeen, ices will be unnecessarily killed and political power in our country would our brothers, let us give you some tea maimed; and in the end, the same thing have been decided by the central gov- and bread. The people would come out will happen to us that happened to the ernment. It’s the States in our country of their caves where their families were Soviet empire: it will break our bank, that control the education. It’s the living to give us tea and bread. And as and the American people will not be States that basically control the police we left, some of the Mujahedeen lead- willing to shoulder responsibility any- and the justice of our people. Had we

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It was something that was a trying to push a simple government on this time to do the right thing and not risky proposition and had very little them which they don’t even know. just to place ourselves in a position to chance of success. I knew that, and I Well, that strategy of buying the good- end up with a military, diplomatic, fi- actually mentioned it to a lot of peo- will of tribal leaders will carry the day. nancial, and human embarrassment ple. We can go in and identify with these that we will have lost so many people But what especially caught my eye leaders there, work with them, work and so many lives for nothing, for an when I was looking at that was that with their people. That is the strategy. outcome, another quagmire. the State Department had initiated a Yes, as Major Gant says, there is risk I have one last story that I would policy, a rule of engagement, that was in this; but the greater risk is a strat- like to end my speech on tonight, and accepted by the military, forced on egy of sending more combat units it is a story that I want to make sure them by the State Department, that which rumble through the countryside. people understand. What I am saying the marines would not be permitted to I met with a group of Afghan veterans today is not in any way a bad reflec- have bullets in their guns. Their clips just last week, and they told me that tion on our military. The fact is, I met would not be in their rifles, would be in what they were told to do by their with our veterans from Afghanistan pouches because the State Department commanding officers was, you just last week in my office. They support was so afraid they might get trigger take hikes through the countryside this strategy. Just because I’m saying happy if they were shot at. Yeah. So we until they get shot at, and then they they can’t do everything and fight sent our marines in. I went around to start firing back. Or they drive their every battle doesn’t mean that I don’t offices in the White House and I trucks and their vehicles through the respect them. In fact, I believe they are pounded on the desk and I said, what Afghan countryside and through Af- heroes. Every one of those people will- are we doing here? How could we send ghan villages until they are either shot ing to put their lives on the line, they our people in to try to defend us and at or they run over some kind of an ex- are heroes. They are willing to risk tell them they can’t, our soldiers, our plosive device, and then they retaliate. their lives for us. We owe them our marines, can’t have bullets in their That is not a strategy for victory, best judgment not just an easy answer guns? This is insane. and that’s what happens when you send of sending more military people into a And I was told over and over again, major combat units into a country conflict. don’t worry, Dana. Don’t worry. Bud rather than trying to defeat the enemy My family was a military family. I McFarlane, George Schultz, Jim Baker, in that country from the bottom up, grew up in a Marine family. My father they’re all former marines. They’re rather than inserting something from was a lieutenant colonel in the Ma- going to take care of this. And it didn’t the top down. Such a strategy of help- rines. We were stationed in Marine get taken care of because after I left ing the villagers there in Afghanistan bases until I was 16. and was assured it would be taken care who have lived under the Taliban— b 1930 of, that piece of paper ended up on the they hate the Taliban. They have seen My brother graduated from Camp bottom of the stack, on the bottom of their schoolteachers beheaded. They Lejeune High School in 1963. His best the stack, and our troops, our marines have seen their young girls being treat- buddy, his very best buddy, graduated continued for weeks to be in harm’s ed like dirt and like animals. They do from high school with him and imme- way, without bullets in their guns. not want to live that way, and they diately joined the Marine Corps when And again, I assumed that these peo- will not submit to the Taliban—unless, he was 17 years old, David Battle. ple were going to handle it. I was told of course, they aren’t given any chance David Battle joined the Marine Corps that they would. And then that hor- to defend themselves. right after he graduated with my rible day when an Islamic terrorist The strategy of helping those people brother, and he was my brother’s best drove a truck filled with explosives who are willing to fight against that friend. Well, years later, when I went through the guard gate outside our Ma- form of radical Islam that they know to the White House with Ronald rine compound, and the Islamic ter- and despise, that is a cost-effective way Reagan, I went to the inaugural cere- rorist smiling because he knew our of dealing with the challenges that we mony, and then I had off for about a guards could not stop him because confront in Afghanistan. It will cost week before, or a couple of weeks be- their guns were unloaded, and he drove less in blood. We won’t be putting our fore, I would actually start on the pay- that truck into the Marine barracks people in harm’s way. And, yes, some roll in the White House. My family, my and blew 290 marines to hell—290 ma- teams that go there—yes, some of mother and my father and my brother, rines. And I looked desperately. I these teams that will be embedded with came to the inauguration in 1980, and looked to see who it was, and the first those villagers, some members of those then we rented a car and traveled down name on the list of casualties was Ser- teams will lose their lives. to Camp Lejeune to see where we used geant David Battle, my brother’s best But I would dare say, and Major Gant to live, to see if we could remake old friend. I went into my office and wept says so as well, that far fewer Amer- acquaintances. that day. ican military personnel will lose their And we found my brother’s best and And then I stopped crying because I lives that way than if we continue the dearest friend, Sergeant David Battle. said, I’m going to make a resolution strategy, which is basically alienating He was well on his way to retirement. right here and now that I will never the people of Afghanistan who eventu- He’d already bought himself—only a cease to be pushing and pushing and ally will rise up against us because the couple of years away, and he’d bought trying to correct a situation that I strategy is not something that takes himself a boat that he was going to dig know is wrong. If it takes me being ob- into account their own needs at the vil- clams and mussels out in the inlets in noxious, I will do that, because we owe lage and tribal level. It will cost us less North Carolina and sell it to the local it to the people who defend us, the Ser- in blood. It will cost us less in treasure fish markets. He would have his retire- geant David Battles, they salute and than sending more combat troops to ment. He had served two tours of duty march off and put themselves in harm’s use Major Gant’s strategy and a strat- in Vietnam, a wonderful man with a way. They are doing their duty. It is up egy of working at the bottom level wonderful family. His parents were to us to do our duty by them, and not rather than just sending in more there. His lovely wife was there with send them on a mission that they can- troops. their two children, and we had an not accomplish, and not send them into And to help them rebuild their coun- evening that I will never forget, a great harm’s way to lose their lives for noth- try at long last. Rebuild their country North Carolina evening. ing. after we promised them what we would And then the next day my family Today, we have a major decision to do after they defeated the Soviet Army drove to Washington, and I entered the make in Afghanistan. It is up—I would

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But we American citizen, which shouldn’t be are, and if they agree with me that the were just Americans. true, but until some court says it’s approach being taken of sending more Well, after 9/11 we realized that for true, and at that time, since we believe troops in, that we stand up and we pre- the first time in our history the oceans in following the law, even though some vent this policy, like the policy of did not provide the protection that courts do not, they create it instead of sending our troops into Beirut without they once did. As an old history major follow it, we follow even the renegade bullets in their guns. And we should at Texas A&M, and continuing to be a courts when it’s the law of the land. not assume that just sending those student of history since, I don’t know So, we had to deal with this issue. guys there will be accomplished be- of another Nation in the history of the Following all of the precedents, and I cause other people will watch over and world that has been so blessed and pro- believe Justice Scalia does a phe- make sure the job’s done correctly and tected as we were with the Atlantic nomenal job of discussing precedents, that our troops are safe. and the Pacific oceans. Even Australia, as does Chief Justice Roberts in the It is up to us, each and every one of which was surrounded by water, always Bimidian case. But we had to deal with us, to insist that this strategy of sim- had to fear invasions. But after the people like Khalid Sheikh Mohammed. ply sending in more troops, at $35 bil- War of 1812, for the most part, we Khalid Sheikh Mohammed was cap- lion, a strategy that’s more likely to didn’t have to worry about external tured in Pakistan on March 1, 2003, by work and accomplish what we want to threats so much as we were able to the Pakistani ISI. It may have been a accomplish, is put into place, a strat- think about Manifest Destiny, moving joint action with agents of the Amer- egy that will keep faith with the Af- and settling the continent, the Indus- ican Diplomatic Security Service, but ghan people, instead of just simply re- trial Revolution, having the effort to he’s been in U.S. custody ever since lying on Americans doing more of the make the Constitution mean the same that time. In September of 2006 the fighting, help them rebuild their coun- for all people, no matter what race, U.S. government announced it had try, rearm them, arm them so they can creed, color, gender. moved Mohammed from a secret prison do their own fighting. We owe it to our But 9/11 sent a message that the to the facility at Guantanamo Bay de- troops. We owe it to our marines, we oceans no longer protected us, that we tention camp. owe it to the Sergeant David Battles were going to have to take more meas- Now, some came to believe that who have given their lives over the ures to protect ourselves. I recall back Guantanamo is such a horrible place. years for our country, to make sure we in the 1980s it being said that one of That is where we waterboard people do our duty by them as they do their the great things about the Atlantic and and things like that. The duty by us. Pacific, if somebody intended to be a waterboarding that apparently oc- f suicide bomber, they would lose their curred, never occurred at Guantanamo. nerve crossing the ocean. And cer- That was elsewhere. Guantanamo Bay 9/11 CHANGED EVERYTHING tainly, anybody that moved here and is a place I’ve been a couple of times. The SPEAKER pro tempore. Under lived among the American people And, having been a judge, I’ve had the the Speaker’s announced policy of Jan- would begin to see how much freedom opportunity to explore and tour many uary 6, 2009, the gentleman from Texas we had here, and they would come to different types of prisons. (Mr. GOHMERT) is recognized for 60 min- love America as we do, and they would utes. not want to blow up their friends and b 1945 Mr. GOHMERT. Mr. Speaker, it’s a neighbors. Again, 9/11 changed all that. Attending a tour of the Guantanamo pleasure to be here on the House floor, So if someone doesn’t know the les- Bay facility was not unusual except especially when you know the history sons from history, then they are des- that it is unusual to get there. You of this floor and all that’s been done to tined to repeat it, as the old saying don’t take a commercial flight to keep Americans safe, the reactions on goes. Well, the Constitution, and I have Guantanamo Bay, which is one of the this floor by great American leaders a pocket Constitution here, article one, reasons it’s such an ideal spot for peo- after tragedies such as we had after section 8, says that Congress shall have ple who are a threat to our way of life. Pearl Harbor, when the President of power to—and one of the things that We have also Ramzi bin Al-Shib who the United States spoke from that lec- we have the power to do in Congress is was captured by Pakistani forces in tern right there after Pearl Harbor. Be- constitute tribunals inferior to the Su- Pakistan around September of 2002. He fore 9/11 that was the worst attack on preme Court. And you get over to arti- was transferred to Guantanamo Bay, American soil. But 9/11 changed things cle three, section one, the judicial Cuba, on or about September 26 where substantially. For one thing, I never power of the United States shall be he also has remained. thought during my 4 years in the vested in one Supreme Court, and in You have other people being detained Army, going back to the 1970s, that such inferior courts as the Congress there that we know have been self-con- we’d ever see patriotism at a level that may from time to time ordain and es- fessed terrorists and under the pleading it is today, where people actually ap- tablish. that was filed by Khalid Sheikh Mo- preciate people being in the service. Even the Supreme Court, over in sec- hammed, as he said, ‘‘We’re terrorists The Vietnam Vets knew what it was tion two, where it’s talked about, it to the bone, and if we terrorize you, like to come home and to be spit at and says in all of the other cases before kill you,’’ basically, ‘‘thanks be to ridiculed. I know when I went through mentioned the Supreme Court shall God.’’ basic at Fort Riley, there was an order have appellate jurisdiction, but it’s the These are people who do not believe not to wear our uniforms off post be- law in fact, with such exceptions and we should have the freedoms that we cause there was supposedly violence under such regulations as the Congress do in America because they think free- that was done. There were people beat shall make. So the Supreme Court dom ultimately leads to degradation of up who were in the service. owes its existence to the Constitution. the individual and the country. There- But somehow, for a while there, 9/11 Every single other court in America, fore, people should not be allowed free- brought this Nation together, where Federal court that is, owes its exist- dom, they should be told what they can people began to take notice and care ence to the Congress. We create the or can’t do; and they believe that they about first responders, and they began courts. We establish their jurisdictions. get a special place in Paradise if they to care about each other. And on Sep- We have the right to establish their are able to go out in this life having de- tember 12, there on our courthouse venues. And when we dealt with this stroyed and killed what we consider in- square in Smith County, Texas, we had issue back in 2005 and 2006, of having to nocents and what they consider people of all walks of life join together, deal with terrorists who are captured infidels. a huge group came, and it culminated on the foreign battlefield, what do you So we come to the announcement by in everyone holding hands and singing do with them? You certainly don’t the U.S. Attorney General when he an- God Bless America. And as I looked want to bring them onto American nounced that the Department of Jus- around, there was not one single hy- soil, because if you did that, there’d be tice will pursue prosecution in Federal

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Unfortunately, the Attor- subject to trial by military commis- previously charged in the USS Cole ney General has elected to bring self- sion as set forth in this chapter, words bombing. The 9/11 cases that will be confessed terrorists to New York City. along that line, so that it is not an op- pursued in Federal court have been I did want to walk people through tion for people who do not understand jointly assigned to prosecutors from what it takes to prepare a case for trial the risk to which they put American the Southern District of New York and from a judge’s standpoint, from a citizens. the Eastern District of Virginia and logistical standpoint. All evidence has Once you gather the evidence, once will be brought in Manhattan in the to be transported by different individ- you have the terrorists in New York Southern District of New York.’’ uals, whoever may have it, to the City, I would expect that is probably He goes on and ends up saying, ‘‘In courthouse so it can be used as evi- strategically when the defense attor- each case, my decision as to whether to dence there—sometimes it’s held in dif- neys would file a motion to change proceed in Federal court or military ferent places—but eventually to the venue. Of course, the terrorists may commissions was based on a protocol courthouse. Normally you have to keep want to keep it in New York City even that the Department of Justice and De- a very careful chain of custody on any though they might allege they couldn’t fense developed, and it was announced evidence, but unfortunately, this is get a fair trial because perhaps every in July. Because many cases could be from a battlefield where in order to get single person in New York City eligible the official chain of custody started, prosecuted in either Federal courts or for jury duty might have heard about 9/ our soldiers in harm’s way would have military commissions, that protocol 11 and may have drawn opinions about to walk out in the middle of hos- sets forth a number of factors, includ- what happened that day, it is a better tilities—perhaps there are bullets fly- ing the nature of the offense, the loca- place for terrorists to remain and be tion in which the offense occurred, the ing—and say, ‘‘Time out. I want to gather evidence that we may need to held and drag out a very long, sus- identity of the victims, and the manner tained trial. Because as you find if you in which the case was investigated that use some day in a civilian court be- cause we have a President or Attorney have been around the judicial system, must be considered. In consultation if a defendant has access to tremendous with the Secretary of Defense, I have General who wants me to go out in harm’s way and gather fingerprint, the amounts of money, then you can ex- looked at all of the relevant factors pect them to call expert after expert and made case-by-case decisions for forensic evidence that may be used in establishing the chain of custody, after expert. And yes, Federal judges each detainee.’’ can rein in the number of experts, but Well, it wouldn’t seem that he has never mind that it may get me killed if they’re creative enough, they may be considered the safety and the best in- trying to gather such evidence able to come up with enough experts to terests of the people that survived the forensically on a battlefield,’’ which we have never done before. It’s never been drag this thing out. attack on 9/11 in New York City, the And, of course, we have the rules in most densely populated area in our necessary because people who were leaders in this country knew enough Federal court as State courts as well country. that the judge has to be the gatekeeper In 2005, 2006, this Congress considered about the history of the country to of what experts will be allowed to tes- these issues—and I would submit gave avoid putting our men and women at tify. They have to be found to be com- it better consideration than our cur- additional risk in order to try people rent Attorney General—and when the who wanted to kill us and destroy our petent in the area to which they are Bush administration had formulated a way of life into a civil court, a civilian going to testify. And so the judge may military tribunal system without the court. It just hasn’t been done. It was have weeks and weeks and weeks of input from Congress, it was struck not appropriate. hearings on whether an expert will be down, and rightfully so. So Congress Now this is an unusual war, of allowed to testify. There may be weeks got involved. Now we have the Military course, because although the individ- and weeks and weeks of hearings re- Commissions Act that was passed in uals who have planned, participated in garding change of venue evidence and 2006. killing American citizens through the whether the case should be transferred, The Obama administration did not 9/11 terrorist attacks, they declared and if so, where it could be transferred like the term applied to the enemy war on us but we didn’t officially de- where a fair trial could be had. combatants that were captured on the clare war on them because they’re not Amazing, but some of these things I battlefield around the world who had actually a country, which makes it do not believe got adequate consider- made efforts and participated in the more difficult. But make no mistake, ation before action was taken. murder and destruction of American war has been declared on the United So we have terrorists who are going lives and American property. So, the States, and either we respond by fight- to be brought to New York, perhaps way that bill was amended, it now ing back in this war or the war with some to Illinois. As they’re awaiting reads ‘‘any alien unprivileged enemy terror goes on from the terrorists until trial, the thing gets dragged out, per- belligerent is subject to trial by mili- they win. It becomes a very one-sided haps the friends of the terrorists—be- tary commission as set forth in this war until eventually we either lose the cause we know people can get into this chapter.’’ country out of fear or terror or the country illegally. We know people have You have to look back. American citizens decide, Gee, the risk come in legally, overstayed their visas, Alien. The term ‘‘alien’’ means an in- is so great, let’s just make our Presi- and we are not enforcing visa termi- dividual who is not a citizen of the dent king and go to a dictatorship be- nations adequately. So they could have United States. You look at cause so often in history, people prefer friends here illegally. They could have unprivileged enemy belligerent. The a dictatorship or a king or a Caesar if people here legally. But you can bet term ‘‘unprivileged enemy belligerent’’ they can assure that they’re going to they are going to be testing out the means an individual other than a privi- be better protected. adequacy of the court system in which leged belligerent who, A, has engaged That is why I decided since it didn’t their terrorist buddies are being tried. in hostilities against the United States appear that the best of judgment had And having read the pleading by Khalid or its coalition partners; B, has pur- been used in wanting to bring terror- Sheikh Mohammed that they intend to posefully and materially supported ists who said they participated and terrorize us, they intend to defeat us, hostilities against the United States or planned the 9/11 attacks—they just to destroy us, then their friends will be its coalition partners; or C, was a part hoped to kill a lot more than 3,000 peo- looking for such a way to do that. of al Qaeda at the time of the alleged ple and perhaps had hoped to kill tens What better way than in the most offense under this chapter. of thousands of people if the buildings densely populated area in this country The term ‘‘hostilities’’ means any had collapsed sooner—it seems to me to have some terrorist threats go on? conflicts subject to the laws of war. we needed to fix this. And what you normally have when the

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So selves with charity, humility and pa- the most densely populated area in what better opportunity. cific temper of mind, which were the America, as the threats will likely be During the course of the trial, of characteristics of the divine author of coming. course, it is a daily thing to transport our blessed religion, and without an I have seen them happen in my own prisoners back and forth from the humble imitation of whose example in courthouse when I was a judge. I nor- courtroom. You have people all over these things, we can never hope to be a mally didn’t evacuate. I had that lux- the courthouse. It may be more re- happy Nation.’’ ury since I could order the deputies to stricted during the trial, but it is real- And he signed, ‘‘I have the honor to leave me alone. But you will have ly difficult to restrict the ongoing busi- be with great respect and esteem Your those types of things. ness in New York City. And especially Excellency’s most obedient and very Can we be sure that there will not be since, as I read, the Attorney General humble servant, George Washington.’’ a truck, a vehicle, loaded with explo- says they intend to have them brought That was our first President, our sives to perhaps commit some act of in Manhattan in the Southern District first Commander in Chief. Those were terrorism in one of the tunnels? Or a of New York, to Manhattan itself. Un- his words. That is what he thought. He vehicle. You could have a number of believable. Unbelievable. thought we had a divine author of our vehicles coming through the tunnel, So there are a lot of people who are blessed religion. He didn’t know what coming across the bridges, loaded with at risk, including the people in New our current President knows, appar- explosives. Things to instill fear in the York City. And in case someone, Mr. ently. minds of American citizens. Speaker, is tempted to think, ‘‘Well, Out here we have a painting right this is 2009; that occurred September of outside, a massive painting of the Con- b 2000 2001. I am sure those people have got- stitutional Convention. After nearly 5 Apparently these terrorists enjoy ten over the panic, the fear, the trau- weeks of accomplishing virtually noth- seeing Americans flee in fear. We have ma, the tragedy of that horrible day on ing, Benjamin Franklin, 80 years old, had an evacuation here a couple of 9/11,’’ well, you don’t have to go very about 2 and a half years away from times since I have been in Congress. far back and recall the insensitivity of meeting his maker, brilliant, witty, My brother called after the first time this administration in having Air charming, quite the man, stood up and since I have been here and said, I didn’t Force One fly over New York, accom- he was recognized. see you running out of the Capitol on panied by a fighter jet, which caused a He said we have been going for nearly video. I said, Perhaps that is because I sheer panic, as some may have seen on 5 weeks. We have more noes than ayes was the last one out. I would rather be You Tube, among citizens in New York know. He said, ‘‘In this situation of killed by a terrorist than to have them because they thought it is happening this assembly,’’ and we know these see legislators running in fear because again and a fighter may have to shoot were his words taken by James Madi- there is some terrorist threat to the down Air Force One. It was unbeliev- son, ‘‘groping as it were in the dark to Capitol. Just take me out. I know able insensitivity, and as some may re- find political truth, and scarce able to where I am going when this life is over, call, at least one person lost their job distinguish it when presented to us, so I am not terribly worried about over it. how does it happen, sir, that we have what happens in the interim. It won’t take much to start the panic not hitherto once thought of humbly Back to the trial. Those kinds of all over again. The insensitivity is just applying to the Father of Lights to il- acts, those kinds of threats could nor- amazing, just amazing. luminate understanding? In the begin- mally be expected during the course of So we are told, in addition, not only ning contest with Great Britain, when a trial. And as the trial goes on, you should we bring these terrorists to New we were sensible of danger, we had think about the jailers who are main- York City, the most densely populated daily prayer in this room for the divine taining a watch on the terrorists in area in the country, but we should protection. Our prayers, sir, were heard New York City. Think about their fam- keep in mind that we are one of the and they were graciously usually an- ilies. Maybe their immediate family, largest Muslim Nations in the world, swered. their wife, their children, or if it is a that we are not a Christian Nation. ‘‘All of us who were engaged in the female, their husband and their chil- I can’t help but in this hallowed Hall, struggle must have observed frequent dren. Think about perhaps even their this incredible historic building, go instances of a superintending provi- mother or father, siblings. Who will be back to the painting of George Wash- dence in our favor. To that kind of safe, because you know as much re- ington down the hall as he extended his providence we owe this happy oppor- search as went in so carefully to the resignation, and the end of it, the res- tunity of consulting in peace on the planning and the destruction of the ignation, after he had won the revolu- means of establishing our future na- World Trade Centers, that planning tion, as he resigned, which was some- tional felicity. And have we now for- will likely go into the next terrorist thing which had never before or since gotten that powerful friend? Or do we attack, and what better time than been done in the history of mankind, imagine we no longer need his assist- when terrorists are on trial in New lead a revolution and military, win, ance?’’ York, because to their warped, dis- and then just go home after you did See, this was during the founding, torted way of thinking, what a great your job. Washington was an extraor- the creation of the Constitution. The time to be blown up with all of these dinary man. Founders felt like it was okay to pray infidels surrounding them in New York At the end of his resignation, he says, to God for divine protection and they City—infidels to them, innocents who ‘‘I now make it my earnest prayer’’— were not worried if that insulted some- deserve protection to the rest of us. that’s right, prayer—‘‘that God would one because it is what they believed. So as you get through the trial, you have you and the State over which you Franklin stated, ‘‘All of us who were have not only the jailers, you have preside, in his holy protection, that he engaged in the struggle must have ob- bailiffs, you have jailers who transport would incline the hearts of the citizens served frequent instances of a super- them. You have people working on the to cultivate a spirit of subordination intending providence in our favor.’’ He vehicles that will transport them. You and obedience to Government, to enter- believed God was answering our pray- have people working on perhaps air tain a brotherly affection and love for ers. cover and working on the aircraft that one another, for their fellow citizens of Anyway he goes on and says, ‘‘I have will provide air cover, if any. You will the United States at large, and particu- lived, sir, a long time, and the longer I have people who will be in those vehi- larly for their brethren who have live, the more convincing proofs I see cles and aircraft. You have people all served in the field,’’ which is what we of this truth—that God governs in the along the way, and every single person just did on Veterans Day. These are affairs of men. And if a sparrow cannot

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.111 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13065 fall to the ground without his notice, is and fifty years of unrequited toil shall But you go back to Thomas Jeffer- it probable that an empire can rise be sunk, and until every drop of blood son. He said, ‘‘The natural progress of without his aid? We have been assured, drawn with the lash shall be paid by things is for liberty to yield and gov- sir, in the sacred writing, that ‘except another drawn with the sword, as was ernment to gain ground.’’ You had the Lord build the house, they labor in said three thousand years ago, so still John Adams, who said, ‘‘Property must vain that build it.’ it must be said ‘the judgments of the be secured or liberty cannot exist.’’ ‘‘Firmly believe this,’’ Benjamin Lord are true and righteous alto- We helped secure property when we Franklin said. He went on and said, ‘‘I gether.’ kept the terrorists who want to destroy also believe that without his concur- ‘‘With malice toward none, with our way of life off of American soil ring aid we shall succeed in this polit- charity for all, with firmness in the over in the Middle East and then in the ical building no better than the Build- right as God gives us to see the right, last 2 or 3 years at Guantanamo Bay. ers of Babel. We shall be divided by our let us strive on to finish the work we Of course, Washington said, ‘‘Govern- little partial local interest; our are in, to bind up the Nation’s wounds, ment is not reason. It is not eloquence. projects will be confounded, and we to care for him who shall have borne It is force. Like fire, it is a dangerous ourselves shall become a reproach and the battle and for his widow and his or- servant and a fearful master.’’ bye word down to future ages. I there- phan, to do all which may achieve and Of course, Abraham Lincoln went on fore beg leave to move that henceforth cherish a just and lasting peace among to say, ‘‘We have been the recipients of prayers imploring the assistance of ourselves and with all nations.’’ the choicest bounties of heaven.’’ Lin- Heaven, and its blessings on our delib- ‘‘To bind up the Nation’s wounds’’? coln went on and he said, ‘‘We have erations, be held in the assembly every Does anyone think that we do that by grown in numbers, wealth, and power morning.’’ bringing terrorists back to instill more as no other nation.’’ Lincoln finished It was seconded and unanimously terror in an area where the wounds his comment by saying, ‘‘But we have adopted. From that day to this, we do have not yet been bound up and have forgotten God.’’ not begin in this Chamber, or prior not yet healed? It’s a terrible mistake We are creating self-inflicted wounds when the Congress met in other cham- being made. A terrible mistake being and it’s time to stop. And hopefully we bers, we don’t meet without starting made. And it may gain some knowing will have enough people on both sides with prayer, without apologies. nods and smiles at some international of the aisle who will sign on to this bi- You go on to Abraham Lincoln, one cocktail party where members of this partisan bill. I’m hoping it will be very of the greatest theological discussions, administration may go and say, see, we bipartisan because Congress, as I have and this came from a man who basi- brought terrorists back to New York already read, has the obligation to set cally was self-educated, well read, self- City, back to the most densely popu- up all the courts inferior to the Su- taught, voracious reader, but he loved lated area. We inflicted upon ourselves preme Court to set out their jurisdic- reading the Bible. He believed in God even more terror. Aren’t we wonderful? tion, set out their venue in the collec- as indicated throughout his writings. Self-flagellation, aren’t we great? We tive wisdom of this place. And as he tried to reconcile the hor- beat ourselves up. Don’t you love us? And if we have a Chief Executive rible, bloody Civil War that had gone We’ve seen there is no appreciation who’s not aware of the coming damage on, profound words he wrote. As he in the world when the United States and destruction that may occur by wrestled—you can feel the inner con- hurts itself either by spending too bringing people to the most densely flict in himself when he tries to rec- much money or by opening its doors to populated area in the country in which oncile the North and South fighting, terrorists who want to destroy our way to try them and have their friends try brother against brother, family mem- of life and we do nothing about it until to destroy the trial itself, then it is the ber against family member—he said it’s too late. duty of this body to step up and say, these words that are inscribed on the We’re dealing with the PATRIOT you know, hey, under the Constitution north side of the Lincoln Memorial, Act. And I’ve had severe concerns this is our job. We’re supposed to cre- ‘‘Both read the same Bible and prayer about the national security letters ate the courts so you know where to to the same God, and each invokes His when we found out that they were try them. And we’re going to eliminate aid against the other. It may seem being abused under Director Mueller’s the choice that you now have so that strange that any men should dare to watchful eye. But it needs to be reau- you put them in the right place. That’s ask a just God’s assistance in wringing thorized. There needs to be greater what should be done. That’s what we their bread from the sweat of other oversight than there was. There have need to pass. That’s what the Congress men’s faces, but let us judge not, that been corrections made, but there are was supposed to do according to the we be not judged. The prayers of both some protections in that act that have Constitution. could not be answered. That of neither afforded us the ability to stay without But we have already seen this year has been answered fully. The Almighty a major terrorist attack for 8 years. when Congress punted and when the has His own purpose. ‘Woe unto the This is no time to open ourselves up to Supreme Court punted. And so world because of offenses; for it must additional terror by bringing terrorists unelected, unconfirmed people meeting needs be that offenses come, but woe to on our soil, potentially allowing them in secret as part of the White House de- that man by whom the offense cometh.’ to go free on our soil, potentially al- cided what businesses would fall in the ‘‘If we shall suppose,’’ Lincoln said lowing them to go free anywhere. auto business, what would gain. They ‘‘that American slavery is one of those They declared war. The tradition and destroyed all the years of bankruptcy offenses which, in the providence of the history of mankind is when you are law, all the incredible wisdom that God, must needs come, but which, hav- from a group that declares war on an- came together in the bankruptcy law, ing continued through His appointed other people, another country, and and turned it upside down. time, He now wills to remove, and that you’re captured, you remain captured. Secured creditors were treated like He gives to both North and South this You remain a prisoner until such time dirt. Unsecured creditors were cata- terrible war as the woe due to those by as your friends cease the war. And pulted, because it involved unions, to whom the offense came, shall we dis- there is no intent to cease the war on the top. Turned the law upside down. cern therein any departure from those behalf of the terrorists, as we have Well, that shouldn’t have been al- divine attributes which the believers in seen. lowed to stand. The Founders wanted a living God always ascribe to Him? There are those who think that this us to step up and utilize the power that ‘‘Fondly do we hope, fervently do we administration is trying to create a they gave this body. So you had dealer- pray, that this mighty scourge of war situation where there is more damage ships, and in some places they had bor- may speedily pass away.’’ and destruction financially, perhaps, rowed millions of dollars to buy the through terrorists so they have to de- dealership, and all of a sudden some b 2015 clare martial law and take over. I don’t people that didn’t even own cars were Lincoln continued: ‘‘Yet, if God wills believe that for a moment. I just think saying, you know what, close their that it continue, until all the wealth there is a terrible lapse in judgment dealership, maybe even give it to some- piled by the bondman’s two hundred that may allow those things to happen. body down the road. And those people

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.113 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13066 CONGRESSIONAL RECORD — HOUSE November 17, 2009 were left owing their banks the money on him, actually lost his temper and Mr. YOUNG of Florida (at the request they borrowed because some unelected, yelled at the inmate, and for that he of Mr. BOEHNER) for from 2 p.m. until unconfirmed bureaucrat said this is the received an article 15 punishment for 3:15 p.m. today on account of official way we’re going to do it. Oh, yes, well, losing his temper after he had body ex- business. of course, they did have to run into a crement thrown on him. f lazy bankruptcy court’s judge. Maybe When I have tried to find out if there SPECIAL ORDERS GRANTED he’s not lazy; maybe he’s just ambi- wasn’t some way to punish the pris- tious, who would sign off on that and oners who commit those types of as- By unanimous consent, permission to give it the color of law. saults on our guards, I’m told that be- address the House, following the legis- But some may not know bankruptcy cause there are so many international lative program and any special orders judges have to stand for reappoint- visitors, including Red Cross or what- heretofore entered, was granted to: ment, and many bankruptcy judges ever groups, come, Amnesty Inter- (The following Members (at the re- hope that they will invoke the favor of national, the groups that come, they quest of Ms. WOOLSEY) to revise and ex- a President who will elevate them to a come often enough that the people at tend their remarks and include extra- Federal district bench for life rather Guantanamo did not want for these neous material:) than on the bankruptcy court. And groups to come and find they put some- Ms. WOOLSEY, for 5 minutes, today. that has happened before many, many body in solitary confinement, despite Mr. DAVIS of Illinois, for 5 minutes, times. the physical assaults. So there is no today. But Congress stood mute and let the real punishment that is inflicted upon Mr. DEFAZIO, for 5 minutes, today. Constitution be turned upside down, let inmates that commit assaults on Ms. KAPTUR, for 5 minutes, today. the laws that this body passed be guards. f But, in fact, they may take a couple turned upside down. So then the last ENROLLED BILLS SIGNED hope of all the checks and balances put of their 4 hours of movie watching in place by our Founders was the Su- away; and if it’s a bad enough assault Lorraine C. Miller, Clerk of the preme Court. And Justice Ruth Bader on one of our guards, they may take House, reported and found truly en- Ginsberg, to her credit, put a 24-hour away some of their time outside, which rolled bills of the House of the fol- hold on that fiasco, that abomination the inmates enjoy, of course, very lowing titles, which were thereupon under the laws of the United States much, and they get more of than most signed by the Speaker: and the Constitution. But she withdrew any prison that I’ve been to, maximum H.R. 955. An act to designate the facility of it, or it died at the end of the 24 hours, security prison. the United States Postal Service located at 10355 Northeast Valley Road in Rollingbay, and all checks and balances on power b 2030 Washington, as the ‘‘John ‘Bud’ Hawk Post were avoided, and we did exactly what A maximum security prison, that is Office.’’ the Founders hoped would never hap- what we are dealing with in Guanta- H.R. 1516. An act to designate the facility pen: we ignored the power of all the dif- namo. People are well taken care of. of the United States Postal Service located ferent branches so that one unelected, But they are dangerous, and they want at 37926 Church Street in Dade City, Florida, unappointed group could just run as the ‘‘Sergeant Marcus Mathes Post Of- to destroy our way of life. And until fice’’. things as they wanted. their buddies declare that the war is We can’t let that type of action hap- H.R. 1713. An act to name the South Cen- over, we ought to continue to maintain tral Agricultural Research Laboratory of the pen again here. We created the mili- them and keep them locked up away Department of Agriculture in Lane, Okla- tary commissions in this Congress from American soil. And if the admin- homa, and the facility of the United States under our authority of the Constitu- istration is absolutely intent on trying Postal Service located at 310 North Perry tion. It is our obligation as a Congress them before their buddies cease this Street in Bennington, Oklahoma, in honor of to step in and protect the people of war upon America, then it ought to be former Congressman Wesley ‘‘Wes’’ Watkins. H.R. 2004. An act to designate the facility New York from the terrorism that will before a military commission, as Con- in all likelihood flow. And if you don’t of the United States Postal Service located gress created in 2006 and has been at 4282 Beach Street in Akron, Michigan, as believe it, then go read the unclassified amended even this year at the request the ‘‘Akron Veterans Memorial Post Office’’. pleading filed by Khalid Sheikh Mo- of this administration. H.R. 2215. An act to designate the facility hammed. If you don’t believe that they So that’s why I’m going to be filing a of the United States Postal Service located mean harm, then you can check out bill and asking, Mr. Speaker, col- at 140 Merriman Road in Garden City, Michi- the accounts of what goes on at Guan- leagues on both sides of the aisle to gan, as the ‘‘John J. Shivnen Post Office tanamo. please join in. Let’s protect the fami- Building’’. H.R. 2760. An act to designate the facility What we have seen, found out in trips lies of victims of 9/11 in New York from to Guantanamo Bay, shows that these of the United States Postal Service located having to endure this insufferable blow at 1615 North Wilcox Avenue in Los Angeles, guys are being treated better than pris- of having smirking, happy terrorists California, as the ‘‘Johnny Grant Hollywood oners I’ve ever seen in State or Federal come to New York and gloat over this Post Office Building’’. prison in Texas and in other Federal destruction and death they caused H.R. 2972. An act to designate the facility prisons in the country, maximum secu- there. They do not deserve to gloat of the United States Postal Service located rity prisons, that is. They’re fed well. over the deaths and destruction they at 115 West Edward Street in Erath, Lou- They get several hours a day outside. brought to New York City. They do not isiana, as the ‘‘Conrad DeRouen, Jr. Post Of- fice’’. They are given movie hours to watch deserve to gloat over the destruction movies. H.R. 3119. An act to designate the facility and death in Washington, D.C. of the United States Postal Service located In fact, one of the biggest problems They deserve to be kept confined for at 867 Stockton Street in San Francisco, at Guantanamo is not for the prisoners the rest of their natural lives, but at California as the ‘‘Lim Poon Lee Post Of- but comes from the prisoners. They are least until their buddies say they are fice’’. so brilliant and innovative, they figure no longer at war, and they all give up, H.R. 3386. An act to designate the facility out ways to throw urine and feces on and then we can pound our swords into of the United States Postal Service located our guards. But the standing order at plowshares. Until that time, this body at 1165 2d Avenue in Des Moines, Iowa, as the ‘‘Iraq and Afghanistan Veterans Memorial Guantanamo, as told by the com- owes a duty to American citizens to mander to me, the standing order is Post Office’’. protect it, to see that the administra- H.R. 3547. An act to designate the facility whoever has urine or feces thrown on tion doesn’t subject it to unnecessary of the United States Postal Service located them from one of the inmates may go harm. at 936 South 250 East in Provo, Utah, as the and shower and change and take the So with that, Mr. Speaker, I will ‘‘Rex E. Lee Post Office Building’’. rest of the day off. But to my knowl- yield back the balance of my time. f edge, nobody has taken the rest of the f day off. They go shower, clean up, and SENATE ENROLLED BILLS SIGNED then they come back to duty. LEAVE OF ABSENCE The Speaker announced her signa- I was told that there was one service- By unanimous consent, leave of ab- ture to enrolled bills of the Senate of member who, from having feces thrown sence was granted to: the following titles:

VerDate Nov 24 2008 03:20 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.114 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE November 17, 2009 CONGRESSIONAL RECORD — HOUSE H13067 S. 748. An act to redesignate the facility of 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the forcement (RIN: 0991-AB55) received Novem- the United States Postal Service located at Committee on Armed Services. ber 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 2777 Logan Avenue in San Diego, California, 4665. A letter from the Director, Defense to the Committee on Energy and Commerce. as the ‘‘Cesar E. Chavez Post Office’’. Procurement and Acquisition Policy, De- 4675. A letter from the Secretary, Depart- S. 1211. To designate the facility of the partment of Defense, transmitting the De- ment of Health and Human Services, trans- United States Postal Service located at 60 partment’s final rule — Defense Federal Ac- mitting a report entitled ‘‘FDA Amendments School Street, Orchard Park, New York, as quisition Regulation Supplement; Steel for Act of 2007 Section 904: Communicating to the ‘‘Jack F. Kemp Post Office Building’’. Military Construction Projects (DEFARS the Public on the Risks and Benefits of New S. 1314. An act to designate the facility of Case 2008-D038) (RIN: 0750-AG16) received No- Drugs’’; to the Committee on Energy and the United States Postal Service located at vember 2, 2009, pursuant to 5 U.S.C. Commerce. 630 Northeast Killingsworth Avenue in Port- 801(a)(1)(A); to the Committee on Armed 4676. A letter from the Director, Regu- land, Oregon, as the ‘‘Dr. Martin Luther Services. latory Management Division, Environmental King, Jr. Post Office’’. 4666. A letter from the Director, Defense Protection Agency, transmitting the Agen- S. 1825. An act to extend the authority for Procurement and Acquisition Policy, De- cy’s final rule — Approval and Promulgation relocation expenses test programs for Fed- partment of Defense, transmitting the De- of Air Quality Implementation Plans; Mary- eral employees, and for other purposes. partment’s final rule — Defense Federal Ac- land; Clean Air Interstate Rule [EPA-R03- quisition Regulation Supplement; Senior OAR-2009-0034; FRL-8975-2] received October f DoD Officials Seeking Employment with De- 29, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to ADJOURNMENT fense Contractors (DFARS Case 2008-D007) the Committee on Energy and Commerce. 4677. A letter from the Director, Regu- Mr. GOHMERT. Mr. Speaker, I move (RIN: 0750-AG07) received November 4, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- latory Management Division, Environmental that the House do now adjourn. mittee on Armed Services. Protection Agency, transmitting the Agen- The motion was agreed to; accord- 4667. A letter from the Director, Defense cy’s final rule — Approval and Promulgation ingly (at 8 o’clock and 32 minutes Procurment and Acquisition Policy, Depart- of Implementation Plans; Corrections to the p.m.), the House adjourned until to- ment of Defense, transmitting the Depart- Arizona and Nevada State Implementation ment’s final rule — Defense Federal Acquisi- Plans [EPA-R09-OAR-2009-0435; FRL-8976-3] morrow, Wednesday, November 18, 2009, received October 29, 2009, pursuant to 5 at 10 a.m. tion Regulation Supplement; Pilot Program for Transition to Follow-On Contraction U.S.C. 801(a)(1)(A); to the Committee on En- f After Use of Other Transaction Authority ergy and Commerce. 4678. A letter from the Director, Regu- (DFARS Case 2008-D030) (RIN: 0750-AG17) re- EXECUTIVE COMMUNICATIONS, latory Management Division, Environmental ceived November 4, 2009, pursuant to 5 U.S.C. ETC. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Armed cy’s final rule — Revisions to the California Under clause 2 of Rule XXIV, execu- Services. State Implementation Plan, California Air tive communications were taken from 4668. A letter from the Deputy Secretary of Resources Board Consumer Products Regula- Defense, Department of Defense, transmit- the Speaker’s table and referred as fol- tions [EPA-R09-OAR-2009-00353; FRL-8979-9] ting authorization of 19 officers to wear the lows: received October 29, 2009, pursuant to 5 authorized insignia of the grade of brigadier 4659. A letter from the Congressional Re- U.S.C. 801(a)(1)(A); to the Committee on En- general, pursuant to 10 U.S.C. 777; to the view Coordinator, Department of Agri- ergy and Commerce. Committee on Armed Services. 4679. A letter from the Director, Regu- culture, transmitting the Department’s final 4669. A letter from the Chief Counsel, De- latory Management Division, Environmental rule — Importation of Tomatoes From partment of Homeland Security, transmit- Souss-Massa-Draa, Morocco [Docket No.: Protection Agency, transmitting the Agen- ting the Department’s final rule — Suspen- cy’s final rule — Revisions to the California APHIS-2008-0017] (RIN: 0579-AC77) received sion of Community Eligibility [Docket ID: November 6, 2009, pursuant to 5 U.S.C. State Implementation Plan, Northern Sierra FEMA-2008-0020; Internal Agency Docket No. Air Quality Management District and San 801(a)(1)(A); to the Committee on Agri- FEMA-8097] received October 29, 2009, pursu- culture. Joaquin Valley Unified Air Pollution Control ant to 5 U.S.C. 801(a)(1)(A); to the Committee District [EPA-R09-OAR-2009-0371; FRL-8970-6] 4660. A letter from the Director, Regu- on Financial Services. latory Management Division, Environmental received October 29, 2009, pursuant to 5 4670. A letter from the Chairman and Presi- U.S.C. 801(a)(1)(A); to the Committee on En- Protection Agency, transmitting the Agen- dent, Export-Import Bank, transmitting a cy’s final rule — Ulocladium oudemansii (U3 ergy and Commerce. report on transactions involving U.S. exports 4680. A letter from the Director, Regu- Strain); Exemption from the Requirement of to Dominican Republic pursuant to Section a Tolerance [EPA-HQ-OPP-2008-0760; FRL- latory Management Division, Environmental 2(b)(3) of the Export-Import Bank Act of 1945, Protection Agency, transmitting the Agen- 8436-6] received October 29, 2009, pursuant to as amended; to the Committee on Financial 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Lead; Amendment to the Services. Opt-out and Recordkeeping Provisions in the Agriculture. 4671. A letter from the Secretary, Depart- Renovation, Repair, and Painting Program 4661. A letter from the Director, Regu- ment of Education, transmitting the Depart- [EPA-HQ-OPPT-2005-0049; FRL-8795-9] (RIN: latory Management Division, Environmental ment’s final rule — American Recovery and 2070-AJ55) received October 29, 2009, pursuant Protection Agency, transmitting the Agen- Reinvestment Act of 2009 (ARRA); Title 1, to 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Certain Polyurethane Poly- Part A of the Elementary and Secondary Energy and Commerce. mer; Tolerance Exemption [EPA-HQ-OPP- Education Act of 1965, as Amended (ESEA); 4681. A letter from the Director, Regu- 2009-0478; FRL-8796-3] received November 2, Part B, Section 611 of the Individuals With latory Management Division, Environmental 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Disabilities Education Act (IDEA) [Docket Protection Agency, transmitting the Agen- Committee on Agriculture. ID: ED-2009-OESE-0011] (RIN: 1819-AB05) re- cy’s final rule — National Priorities List, 4662. A letter from the Director, Regu- ceived November 6, 2009, pursuant to 5 U.S.C. Final Rule No. 48 [EPA-HQ-SFUND-2009-0062, latory Management Division, Environmental 801(a)(1)(A); to the Committee on Education EPA-HQ-SFUND-2009-0066, EPA-HQ-SFUND- Protection Agency, transmitting the Agen- and Labor. 2008-0584; FRL-8977-5] (RIN: 2050-AD75) re- cy’s final rule — Methamidophos; Tolerance 4672. A letter from the Secretary, Depart- ceived November 2, 2009, pursuant to 5 U.S.C. Actions [EPA-HQ-OPP-2007-0261; FRL-8796-1] ment of Education, transmitting the Depart- 801(a)(1)(A); to the Committee on Energy and received November 2, 2009, pursuant to 5 ment’s final ‘‘Major’’ rule — General and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Ag- Non-Loan Programmatic Issues [Docket ID: 4682. A letter from the Secretary of the riculture. ED-2009-OPE-0005] (RIN: 1840-AC99) received Commission, Federal Trade Commission, 4663. A letter from the Director, Regu- November 6, 2009, pursuant to 5 U.S.C. transmitting the Commission’s final rule — latory Management Division, Environmental 801(a)(1)(A); to the Committee on Education Fair Credit Reporting Affiliate Marketing Protection Agency, transmitting the Agen- and Labor. Regulations; Identity Theft Red Flags and cy’s final rule — Pesticide Inert Ingredients; 4673. A letter from the Assistant General Address Discrepancies Under the Fair and Revocation of Tolerance Exemption for Counsel for Legislation, Regulation and En- Accurate Credit Transactions Act of 2003 Sperm Oil [EPA-HQ-OPP-2007-1125; FRL-8350- ergy Efficiency, Department of Energy, (RIN: 3084-AA94) received November 6, 2009, 6] received November 2, 2009, pursuant to 5 transmitting the Department’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Ag- Energy Conservation Program: Test Proce- mittee on Foreign Affairs. riculture. dures for Fluorescent Lamp Ballasts (Stand- 4683. A letter from the Under Secretary of 4664. A letter from the Director, Defense by Mode) [Docket No.: EERE-2008-BT-TP- Defense, Department of Defense, transmit- Procurement and Acquisition Policy, De- 0007] (RIN: 1904-AB77) received November 2, ting notice that the Department’s Fiscal partment of Defense, transmitting the De- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Year 2009 Agency Financial Report will be partment’s final rule — Defense Federal Ac- Committee on Energy and Commerce. published electronically; to the Committee quisition Regulation Supplement; Competi- 4674. A letter from the Program Manager, on Oversight and Government Reform. tion Requirements for Purchases from Fed- Department of Health and Human Services, 4684. A letter from the Management Ana- eral Prison Industries (DFARS Case 2008- transmitting the Department’s final rule — lyst, Regulatory Products Division, Depart- D015) (RIN: 0750-AG03) received November 2, HIPAA Administrative Simplifiction: En- ment of Homeland Security, transmitting

VerDate Nov 24 2008 04:51 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.014 H17NOPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H13068 CONGRESSIONAL RECORD — HOUSE November 17, 2009 the Department’s final rule — Common- credit for property used to fabricate solar en- tives for the prompt payments of debts owed wealth of the Northern Mariana Islands ergy property, and for other purposes; to the to the United States and the victims of Transitional Worker Classification [CIS No. Committee on Ways and Means, and in addi- crime by imposing late fees on unpaid judg- 2459-08; DHS Docket No. USCIS-2008-0038] tion to the Committee on Energy and Com- ments owed to the United States and to the (RIN: 1615-AB76) received October 29, 2009, merce, for a period to be subsequently deter- victims of crime, to provide for offsets on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mined by the Speaker, in each case for con- amounts collected by the Department of Jus- mittee on the Judiciary. sideration of such provisions as fall within tice for Federal agencies, to increase the 4685. A letter from the Management Ana- the jurisdiction of the committee concerned. amount of special assessments imposed upon lyst, Regulatory Products Division, Depart- By Mr. KIRK: convicted persons, to establish an Enhanced ment of Homeland Security, transmitting H.R. 4086. A bill to require that certain Financial Recovery Fund to enhance, supple- the Department’s final rule — Application of conditions be met before the transfer of an ment, and improve the debt collection ac- Immigration Regulations to the Common- individual detained at Naval Station, Guan- tivities of the Department of Justice, to wealth of the Northern Mariana Islands tanamo Bay, Cuba; to the Committee on amend title 5, United States Code, to provide [EOIR Docket No.: 169 AG Order No. 3120- Armed Services. to assistant United States attorneys the 2009] (RIN: 1125-AA67) received November 2, By Mr. NUNES (for himself, Mr. same retirement benefits as are afforded to 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the CONAWAY, and Mr. REHBERG): Federal law enforcement officers, and for Committee on the Judiciary. H.R. 4087. A bill to extend temporarily the other purposes; to the Committee on the Ju- 4686. A letter from the Clerk of the House suspension of duty on nylon woolpacks used diciary, and in addition to the Committee on of Representatives, transmitting annual to package wool; to the Committee on Ways Oversight and Government Reform, for a pe- compilation of financial disclosure state- and Means. riod to be subsequently determined by the ments of the members of the board of the Of- By Mr. CARTER (for himself, Mr. Speaker, in each case for consideration of fice of Congressional Ethics, pursuant to PETRI, Mr. CONNOLLY of Virginia, Mr. such provisions as fall within the jurisdic- Rule XXVI, clause 3, of the House Rules; (H. RUPPERSBERGER, Mr. HUNTER, Mr. tion of the committee concerned. Doc. No. 111—76); to the Committee on ROE of Tennessee, Ms. MCCOLLUM, By Ms. DELAURO: Standards of Official Conduct and ordered to Mr. RYAN of Wisconsin, Mr. COLE, Ms. H.R. 4092. A bill to allow Americans to re- be printed. BALDWIN, Mr. KIND, Mr. DOYLE, Mrs. ceive paid sick time so that they can address 4687. A letter from the Cheif, Publications BIGGERT, Ms. FALLIN, Mr. DONNELLY their own health needs, and the health needs and Regulations Branch, Department of of Indiana, Mr. HOLDEN, Mr. ELLISON, of their families, related to a contagious ill- Treasury, transmitting the Department’s Mr. CONAWAY, Ms. ROS-LEHTINEN, Mr. ness; to the Committee on Education and final rule — LMSB Division Director Memo- OLSON, Mrs. LUMMIS, Mr. PIERLUISI, Labor, and in addition to the Committees on randum — Industry Director Directive IDD Mrs. BLACKBURN, Ms. CHU, Mr. ED- House Administration, and Oversight and U.S. Outer Continental Shelf Activity WARDS of Texas, Mr. MCCAUL, Ms. Government Reform, for a period to be sub- [LMSB-4-0909-037] received November 3, 2009, NORTON, Ms. GRANGER, Mr. THORN- sequently determined by the Speaker, in pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- BERRY, Mrs. MCMORRIS RODGERS, Mr. each case for consideration of such provi- mittee on Ways and Means. NEUGEBAUER, Mr. FRANKS of Arizona, sions as fall within the jurisdiction of the f Mr. BRADY of Texas, Mr. SMITH of committee concerned. Texas, Mr. DAVIS of Tennessee, Mr. By Mr. MANZULLO: REPORTS OF COMMITTEES ON KING of New York, Mr. WESTMORE- H.R. 4093. A bill to authorize the Director PUBLIC BILLS AND RESOLUTIONS LAND, Mr. WAMP, Mr. BROUN of Geor- of the Bureau of Prisons to purchase the Under clause 2 of rule XIII, reports of gia, Mr. AL GREEN of Texas, Mr. CAN- Thomson Correctional Center in Thomson, TOR, Mr. PRICE of Georgia, Mr. committees were delivered to the Clerk Illinois, and for other purposes; to the Com- LAMBORN, Mr. HENSARLING, Mr. for printing and reference to the proper mittee on the Judiciary. GOHMERT, Mr. KING of Iowa, and Mr. By Mr. MELANCON: calendar, as follows: DAVIS of Kentucky): H.R. 4094. A bill to prohibit insurers from Mr. CARDOZA: Committee on Rules. H.R. 4088. A bill to ensure that the mem- canceling or refusing to renew homeowners House Resolution 908. A resolution providing bers of the Armed Forces and civilian em- insurance policies because of the presence of for consideration of the bill (H.R. 2781) to ployees of the Department of Defense who certain types of drywall in the home; to the amend the Wild and Scenic Rivers Act to were killed or wounded in the shootings at Committee on Financial Services. designate segments of the Molalla River in Fort Hood are treated in the same manner as By Mr. MOORE of Kansas (for himself, Oregon, as components of the National Wild members who are killed or wounded in com- Mr. TIAHRT, Mr. MORAN of Kansas, and Scenic Rivers System, and for other pur- bat zones or civilian employees who are and Ms. JENKINS): poses (Rept. 111–339). Referred to the House killed or wounded in a terrorist attack or H.R. 4095. A bill to designate the facility of Calendar. while serving with the Armed Forces in a Ms. PINGREE of Maine: Committee on contingency operation; to the Committee on the United States Postal Service located at Rules. House Resolution 909. A resolution Armed Services, and in addition to the Com- 9727 Antioch Road in Overland Park, Kansas, providing for consideration of the bill (H.R. mittees on Ways and Means, Oversight and as the ‘‘Congresswoman Jan Meyers Post Of- 3791) to amend sections 33 and 34 of the Fed- Government Reform, and Veterans’ Affairs, fice Building’’; to the Committee on Over- eral Fire Prevention and Control Act of 1974, for a period to be subsequently determined sight and Government Reform. and for other purposes (Rept. 111–340). Re- by the Speaker, in each case for consider- By Mr. PERRIELLO: ferred to the House Calendar. ation of such provisions as fall within the ju- H.R. 4096. A bill to amend the Public risdiction of the committee concerned. Health Service Act to extend the deadlines f applicable to filing petitions for compensa- By Mr. COSTA (for himself, Ms. KAP- tion under the National Vaccine Injury Com- PUBLIC BILLS AND RESOLUTIONS TUR, Mr. MOORE of Kansas, Ms. pensation Program; to the Committee on En- HIRONO, Mr. ABERCROMBIE, Mr. Under clause 2 of rule XII, public ergy and Commerce. MCNERNEY, Mr. RYAN of Ohio, Mr. bills and resolutions of the following By Mr. SCHOCK (for himself, Mr. KIRK, TERRY, and Ms. SUTTON): titles were introduced and severally re- H.R. 4089. A bill to create and extend cer- Mr. SHIMKUS, Mr. JOHNSON of Illinois, ferred, as follows: tain temporary district court judgeships; to Mrs. BIGGERT, Mr. ROSKAM, and Mr. By Mr. DENT: the Committee on the Judiciary. MANZULLO): H.R. 4083. A bill to suspend temporarily the By Mr. DAVIS of Illinois (for himself, H.R. 4097. A bill to prohibit the use of funds duty on polyoxethylene-/alkyletherphos- Mr. LEWIS of Georgia, and Mr. to transfer individuals detained by the phate; to the Committee on Ways and Means. TIBERI): United States at Naval Station, Guantanamo By Mr. DENT: H.R. 4090. A bill to amend the Internal Rev- Bay, Cuba, to Thomson Correctional Center, H.R. 4084. A bill to suspend temporarily the enue Code of 1986 to modify the rate of the Thomson, Illinois; to the Committee on duty on alkylated amino resin solution, excise tax on investment income of private Armed Services. formaldehyde; to the Committee on Ways foundations, and for other purposes; to the By Mr. TOWNS: and Means. Committee on Ways and Means. H.R. 4098. A bill to require the Director of By Mr. THOMPSON of California (for By Mr. DELAHUNT (for himself, Mr. the Office of Management and Budget to himself, Mr. DOGGETT, Mr. CAMP, Mr. GOHMERT, Mr. JOHNSON of Georgia, issue guidance on the use of peer-to-peer file TIBERI, Mrs. BONO MACK, Ms. ESHOO, Mr. FRANKS of Arizona, Mr. MORAN of sharing software to prohibit the personal use Mr. HONDA, Ms. GIFFORDS, Mr. Virginia, Mr. CAO, Mr. HASTINGS of of such software by Government employees, MCCAUL, Mr. SMITH of Texas, Mr. Florida, Mr. MCCAUL, Mrs. DAVIS of and for other purposes; to the Committee on MEEKS of New York, Mr. CARTER, Ms. California, Mr. SCHIFF, Mr. DANIEL E. Oversight and Government Reform. LINDA T. SA´ NCHEZ of California, Mr. LUNGREN of California, Mr. PIERLUISI, By Mr. MACK (for himself and Mr. SCHAUER, and Ms. ZOE LOFGREN of Ms. BALDWIN, Mr. DAVIS of Alabama, TOWNS): California): and Mr. FRANK of Massachusetts): H. Con. Res. 213. Concurrent resolution ex- H.R. 4085. A bill to amend the Internal Rev- H.R. 4091. A bill to amend titles 18 and 28 pressing the sense of Congress for and soli- enue Code of 1986 to allow an investment of the United States Code to provide incen- darity with the people of El Salvador as they

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persevere through the aftermath of tor- H.R. 2068: Mr. MICHAUD. H.R. 3664: Mr. ROTHMAN of New Jersey. rential rains which caused devastating flood- H.R. 2103: Mr. SPRATT and Mr. H.R. 3799: Mr. MOORE of Kansas. ing and deadly mudslides; to the Committee BLUMENAUER. H.R. 3810: Mr. LIPINSKI. on Foreign Affairs. H.R. 2112: Mr. MCGOVERN, Mr. KILDEE, Mr. H.R. 3839: Mr. SHUSTER. By Ms. WATERS (for herself, Mr. OLVER, and Mr. TIERNEY. H.R. 3844: Mr. BARROW. WOLF, Ms. BORDALLO, Mrs. H.R. 2149: Mr. WILSON of Ohio. H.R. 3852: Mrs. MALONEY, Mr. TONKO, and CHRISTENSEN, Ms. ROS-LEHTINEN, Ms. H.R. 2246: Mr. MASSA. Mr. HINCHEY. CORRINE BROWN of Florida, Ms. RICH- H.R. 2279: Mr. FILNER and Ms. SLAUGHTER. H.R. 3943: Mr. GERLACH, Ms. CLARKE, Mr. ARDSON, Mr. LEWIS of Georgia, and H.R. 2296: Mr. EDWARDS of Texas. TAYLOR, Ms. FUDGE, Mr. DENT, Mrs. BIGGERT, Ms. DELAURO): H.R. 2298: Mr. CONYERS. Mrs. MILLER of Michigan, Mr. UPTON, Mrs. H. Res. 910. A resolution supporting the H.R. 2324: Ms. CLARKE, Mr. ANDREWS, Mr. EMERSON, Mr. SCHOCK, Ms. GIFFORDS, Ms. goals and ideals of National Alzheimer’s Dis- CROWLEY, and Mr. PASCRELL. CASTOR of Florida, Mr. TIBERI, and Mr. ease Awareness Month and National Memory H.R. 2360: Mr. CASTLE. LANCE. Screening Day, including the development of H.R. 2408: Ms. CHU. H.R. 3966: Ms. WATSON. a national health policy on dementia screen- H.R. 2452: Ms. RICHARDSON and Mr. KEN- H.R. 3991: Mr. HINOJOSA and Mr. HOLT. ing and care; to the Committee on Energy NEDY. H.R. 4022: Mr. MEEK of Florida. and Commerce. H.R. 2480: Mr. KILDEE, Mr. BRADY of Penn- H.R. 4036: Ms. RICHARDSON, Mrs. sylvania, Ms. MCCOLLUM, Mr. COFFMAN of CHRISTENSEN, Mr. DAVIS of Illinois, and Mrs. f Colorado, Mr. BISHOP of New York, and Mr. MALONEY. MEMORIALS JACKSON of Illinois. H.R. 4047: Mr. MELANCON. H.R. 2523: Ms. RICHARDSON and Mr. CAL- H.R. 4052: Mr. SENSENBRENNER. Under clause 4 of rule XXII, VERT. H.R. 4063: Ms. BORDALLO. 220. The SPEAKER presented a memorial H.R. 2570: Ms. CHU. H. Con. Res. 18: Mr. MCHENRY. of the House of Representatives of the State H.R. 2573: Mr. HINCHEY, Mr. MCCOTTER, and H. Con. Res. 40: Mr. CALVERT. of Tennessee, relative to House Joint Resolu- Ms. TITUS. H. Con. Res. 160: Mrs. BLACKBURN, Mr. tion No. 546 urging the Department of H.R. 2598: Mr. SABLAN and Mr. HOLT. BRALEY of Iowa, and Mr. CAMPBELL. OE Veterns Affairs to Accept Rhea County’s pro- H.R. 2607: Mr. P of Texas. H. Con. Res. 203: Mr. BUTTERFIELD and Ms. H.R. 2611: Ms. CLARKE and Ms. RICHARDSON. posed donation of its old hospital building, FOXX. H.R. 2614: Mr. COHEN. facilities, and campus to the VA; to the Com- H. Res. 200: Mr. POE of Texas. H.R. 2628: Mr. LUCAS. mittee on Veterans’ Affairs. H. Res. 267: Mr. CULBERSON. H.R. 2690: Mr. AL GREEN of Texas. H. Res. 510: Mr. KIRK, Mrs. HALVORSON, and f H.R. 2698: Mr. THORNBERRY, Ms. BORDALLO, Ms. SCHAKOWSKY. Mr. COURTNEY, Mr. JOHNSON of Georgia, Mr. H. Res. 771: Mr. ALTMIRE. ADDITIONAL SPONSORS CHANDLER, Mr. CHILDERS, and Mr. HODES. H. Res. 812: Mr. ADLER of New Jersey, Mr. H.R. 2699: Ms. BORDALLO, Mr. COURTNEY, Under clause 7 of rule XII, sponsors PALLONE, and Mr. HOLT. Mr. JOHNSON of Georgia, Mr. CHANDLER, Mr. were added to public bills and resolu- H. Res. 840: Mr. WOLF. CHILDERS, and Mr. HODES. tions as follows: H. Res. 852: Mr. WESTMORELAND. H.R. 2730: Mr. JACKSON of Illinois. H. Res. 860: Ms. SCHAKOWSKY, Mr. SHULER, H.R. 205: Mrs. BONO MACK. H.R. 2766: Mr. ENGEL, Mr. SMITH of Wash- Ms. BERKLEY, Mr. WALZ, Mr. BLUMENAUER, H.R. 211: Mr. TIERNEY and Ms. NORTON. ington, and Mrs. NAPOLITANO. Mr. MINNICK, and Mr. MOORE of Kansas. H.R. 333: Mr. GRAYSON. H.R. 2788: Mr. CRENSHAW, Mr. MICHAUD, Mr. H. Res. 861: Mr. DICKS, Mr. BISHOP of New H.R. 483: Ms. PINGREE of Maine. FOSTER, and Mrs. DAHLKEMPER. York, Mr. MCMAHON, Mr. ADLER of New Jer- H.R. 510: Mr. SCHOCK. H.R. 2799: Mr. MICA, Mr. CULBERSON, Mr. sey, Mr. BOCCIERI, Mr. LEE of New York, Mr. H.R. 537: Mr. JACKSON of Illinois, Mr. RAN- ARCURI, Mr. YOUNG of Alaska, Ms. NORTON, CHAFFETZ, Mr. LANGEVIN, and Ms. KOSMAS. GEL, Mr. TIM MURPHY of Pennsylvania, and Mr. HERGER, and Mr. WALZ. H. Res. 870: Mr. FRELINGHUYSEN and Mr. Mr. DUNCAN. H.R. 2829: Mr. RANGEL. BUYER. H.R. 571: Mr. NEUGEBAUER, Mr. FLEMING, H.R. 2840: Mr. HEINRICH. H. Res. 900: Mr. ACKERMAN, Mr. TONKO, Mr. and Mrs. MALONEY. H.R. 2849: Mr. ROTHMAN of New Jersey and HALL of New York, Mr. TOWNS, Mr. ARCURI, H.R. 574: Mr. FORTENBERRY. Mr. PASCRELL. Mr. HIGGINS, Mr. MEEKS of New York, Mr. H.R. 616: Mr. LIPINSKI and Mr. HEINRICH. H.R. 2887: Mr. PAUL. HINCHEY, Mr. TAYLOR, Mr. ABERCROMBIE, Mr. H.R. 648: Mr. BOSWELL. H.R. 3017: Mr. BOCCIERI. SNYDER, Mr. SMITH of Washington, Ms. LO- H.R. 690: Mr. BARTON of Texas. H.R. 3020: Mr. MURPHY of New York, Mr. RETTA SANCHEZ of California, Mr. ANDREWS, H.R. 808: Mr. GRAYSON. MASSA, and Mr. SCHAUER. Ms. HARMAN, Mr. CONNOLLY of Virginia, Mr. H.R. 855: Mr. GRIFFITH. H.R. 3053: Mr. RANGEL. CROWLEY, Mr. WEINER, Mr. MURPHY of New H.R. 868: Mr. BISHOP of New York and Mr. H.R. 3077: Mr. WU. York, Mr. COURTNEY, Mr. LARSEN of Wash- VAN HOLLEN. H.R. 3147: Mr. RANGEL and Ms. KAPTUR. ington, Mrs. DAVIS of California, Mr. H.R. 948: Mr. MARSHALL. H.R. 3149: Ms. LORETTA SANCHEZ of Cali- H.R. 988: Mr. GERLACH and Mr. DAVIS of fornia. LANGEVIN, Mr. ROSS, Ms. ESHOO, Mr. HEINRICH, Mr. SESTAK, and Mr. LOEBSACK. Tennessee. H.R. 3251: Mr. MILLER of Florida. H.R. 1177: Mr. CLEAVER and Mr. WESTMORE- H.R. 3259: Mr. BAIRD, Mr. EHLERS, Ms. f LAND. RICHARDSON, Mr. GRIJALVA, and Mrs. H.R. 1308: Ms. BALDWIN. MCMORRIS RODGERS. DELETIONS OF SPONSORS FROM H.R. 1347: Mr. CONYERS and Mr. PAYNE. H.R. 3339: Ms. BORDALLO. PUBLIC BILLS AND RESOLUTIONS H.R. 1362: Mr. CALVERT, Mr. STARK, and Mr. H.R. 3402: Mr. HODES. MASSA. H.R. 3431: Mr. TIM MURPHY of Pennsyl- Under clause 7 of rule XII, sponsors H.R. 1378: Mr. KAGEN, Mr. YARMUTH, Mr. vania. were deleted from public bills and reso- WELCH, Mr. GUTHRIE, and Mr. HELLER H.R. 3468: Mr. CRENSHAW. lutions as follows: H.R. 1412: Ms. SCHAKOWSKY. H.R. 3471: Ms. SHEA-PORTER. H.R. 3904: Mr. HINOJOSA. H.R. 1423: Mr. NADLER of New York and H.R. 3511: Mr. SCOTT of Georgia. Mrs. MCCARTHY of New York. H.R. 3553: Mr. HEINRICH. f H.R. 1479: Ms. RICHARDSON. H.R. 3577: Mr. WALZ, Mr. CARNEY, Ms. H.R. 1520: Mrs. LUMMIS. FUDGE, Mr. PLATTS, and Mr. BACA. PETITIONS, ETC. H.R. 1522: Mr. HILL. H.R. 3613: Mr. JOHNSON of Illinois, Mr. H.R. 1557: Ms. KOSMAS, Mrs. BACHMANN, and SMITH of Texas, Ms. GRANGER, Mr. BACHUS, Under clause 1 of rule XXII, Mr. FATTAH. and Mr. OLSON. 80. The SPEAKER presented a petition of H.R. 1616: Mr. BAIRD. H.R. 3627: Mr. MASSA, Mr. BOUCHER, and City of Lauderdale Lakes, Florida, relative H.R. 1707: Mr. SCHOCK. Mr. REHBERG. to Resolution No. 09-98 urging the Congress H.R. 1718: Mr. FORTENBERRY. H.R. 3644: Mr. HOLT, Mr. PALLONE, Mr. HIN- of the United States to extend the first-time H.R. 1784: Ms. KOSMAS. CHEY, Mrs. MILLER of Michigan, Mr. SAR- home buyer a tax credit under the Housing H.R. 1826: Ms. SUTTON. BANES, Mr. INSLEE, and Mrs. NAPOLITANO. and Economic Recovery Act of 2008; which H.R. 1891: Mr. POSEY. H.R. 3646: Mr. DOYLE. was referred to the Committee on Ways and H.R. 1974: Mr. MCCOTTER. H.R. 3657: Mr. WALZ and Ms. FUDGE. Means.

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Vol. 155 WASHINGTON, TUESDAY, NOVEMBER 17, 2009 No. 170 Senate The Senate met at 10 a.m. and was appoint the Honorable ROLAND W. BURRIS, a take. It is important that we do that. called to order by the Honorable RO- Senator from the State of Illinois, to per- The Senate will recess from 12:30 to 2:15 LAND W. BURRIS, a Senator from the form the duties of the Chair. for the weekly party caucuses, but fol- State of Illinois. ROBERT C. BYRD, lowing the recess the Senate will pro- President pro tempore. ceed to vote in relation to the Inhofe PRAYER Mr. BURRIS thereupon assumed the amendment, No. 2774, to be followed by chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- a vote on passage of the bill, as amend- fered the following prayer: f ed. Eternal God, source of our strength, Upon disposition of H.R. 3082, there RECOGNITION OF THE MAJORITY will be 1 hour of debate prior to a clo- we come before You today remem- LEADER bering that Your presence and power ture vote on the nomination of David sustain us during life’s rigorous de- The ACTING PRESIDENT pro tem- Hamilton to be U.S. circuit judge for mands. Lord, it is comforting to know pore. The Republican leader. the Seventh Circuit. that in every situation You are always Mr. MCCONNELL. Mr. President, f pending the arrival of the majority present to empower us with Your love. RECOGNITION OF THE MINORITY leader, I suggest the absence of a Today, use our lawmakers as instru- LEADER quorum. ments of Your peace and love. Examine The ACTING PRESIDENT pro tem- their hearts and minds, providing them The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. pore. The Republican leader is recog- with the courage to walk continually nized. in Your truth. Look favorably upon The legislative clerk proceeded to their efforts to build a better nation call the roll. f and world, guiding them with Your Mr. REID. Mr. President, I ask unan- HEALTH CARE REFORM imous consent that the order for the wisdom. Mr. MCCONNELL. Mr. President, we quorum call be rescinded. Lord, lead our Nation also. May our know the House-passed health care bill The ACTING PRESIDENT pro tem- efforts at home and abroad reflect Your will cut Medicare, raise taxes, and pore. Without objection, it is so or- character and grace. raise premiums. We also know the bill dered. We pray in Your Holy Name. Amen. being developed by the majority leader The majority leader is recognized. f will do the same. This morning, I want f to focus on the $1⁄2 trillion cuts in PLEDGE OF ALLEGIANCE 1 SCHEDULE Medicare—$ ⁄2 trillion over 10 years. The Honorable ROLAND W. BURRIS led We have here the House-passed Mr. REID. Mr. President, I apologize the Pledge of Allegiance, as follows: health care bill in its entirety. This is to my counterpart, the distinguished a 2,000-page, as the Wall Street Journal I pledge allegiance to the Flag of the Senator from Kentucky, for not being United States of America, and to the Repub- called it, ‘‘monstrosity.’’ In the area of lic for which it stands, one nation under God, here, but I was occupied outside the the Medicare cuts, what does that indivisible, with liberty and justice for all. Chamber. mean? When you say you are going to Mr. President, following leader re- 1 f cut Medicare by $ ⁄2 trillion over 10 marks, there will be a period for morn- years, what does it mean? It means APPOINTMENT OF ACTING ing business for 1 hour, with Senators cuts to hospitals, cuts to Medicare Ad- PRESIDENT PRO TEMPORE permitted to speak for up to 10 minutes vantage, cuts to nursing homes, cuts to each. The majority will control the The PRESIDING OFFICER. The home health care, and cuts to hospice. first 30 minutes, the Republicans will clerk will please read a communication Those vital programs would be collec- control the final 30 minutes. 1 to the Senate from the President pro tively subjected to $ ⁄2 trillion in cuts Following morning business, the Sen- tempore (Mr. BYRD). over 10 years. ate will resume consideration of H.R. The legislative clerk read the fol- Focusing on hospice, this is the sec- 3082, the Military Construction-Vet- lowing letter: tion of the bill that deals with hospice. erans Affairs appropriations bill. Sev- The legalese is a little bit mind-bog- U.S. SENATE, eral amendments are still in order to gling, but to give you a sense of how PRESIDENT PRO TEMPORE, WASHINGTON, DC, NOVEMBER 17, 2009. the bill. We expect a vote for up to these things are written, it says, ‘‘Sub- To the Senate: three of those amendments prior to clause (VII) of section’’—and it goes on: Under the provisions of rule I, paragraph 3, lunch. Following the recess, we will . . . 1814(i)(1)(c)(ii) of the Social Security of the Standing Rules of the Senate, I hereby have a number of votes we have to Act . . . is amended by inserting after ‘‘the

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

S11393

.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11394 CONGRESSIONAL RECORD — SENATE November 17, 2009 market basket percentage increase’’ the fol- MORNING BUSINESS they are going to say no. Repeatedly, lowing: ‘‘(which is subject to the produc- they say no. They deny you coverage tivity adjustment . . . ’’ The ACTING PRESIDENT pro tem- pore. Under the previous order, there when you need it the most, because of Described in another section. a preexisting condition. They deny you You would have to be steeped in will be a period of morning business for 1 hour, with Senators permitted to coverage because they say it costs too legalese and minutia to understand much. They deny you coverage because what that means, so I am going to in- speak therein for up to 10 minutes each, with the time equally divided and they don’t want to cover a certain drug terpret it for our colleagues so they and they want to challenge you to will know what that means. It means controlled between the two leaders or their designees, with the majority con- fight them and appeal that decision. an $8 billion cut to hospice. That is They deny coverage when you decide to what that language means, an $8 bil- trolling the first half and the Repub- licans controlling the second half. change a job or lose a job. They deny lion cut to hospice. coverage when a child reaches the age What does that mean for seniors? Ac- The Senator from Illinois is recog- of 23 and is so-called emancipated and cording to Victoria Scarborough, who nized. on his own. That is the existing system is a nurse in Danville, KY, it means f which the Republicans are supporting. sacrificing patient care. Here is what They can support it if they wish, but she had to say about the prospect of an HEALTH CARE REFORM most Americans do not. Most Ameri- $8 billion cut to hospice: Mr. DURBIN. Mr. President, the Re- cans want to see real health care re- We are able to do this—provide excellent publican leader just came to the floor, form. health care at low cost—because we are as he has with regularity, to speak to present at the bedside with the patient, sit- Let’s spend a moment speaking about the issue of health care reform. We are Medicare, which the Senator from Ken- ting at the kitchen table, holding a spouse’s all addressing it because it is a major hand. We depend upon our highly skilled per- tucky addressed. Our goal is not only sonnel; our ‘‘services’’ are our people. For issue we are facing in this Congress, a to preserve Medicare. As a political hospices the productivity adjustment makes major opportunity for this country to party, it was Democrats who created little sense, we need our people. deal with a health care system that Medicare. It was Republicans who That illustrates the impact of an $8 needs to be fixed. There are parts of it called it socialized medicine and op- billion cut in hospice. that are very strong but parts of it posed it. Over the years, they have On the chart behind me, I mention that need to be fixed. tried to trim back on Medicare bene- the other areas that are being cut: hos- The cost of health care today in fits, to reduce coverage and turn Medi- pitals, Medicare Advantage, nursing America is going up so fast that it is care over to private insurers. That ef- homes, home health, and hospice, outstripping the ability of individuals fort was called Medicare Advantage. which I just described. and businesses to buy health insurance When private health insurance compa- Another cut would be to Medicare coverage. We have seen the cost of pre- nies came before Congress and said: We Advantage. The section of the bill— miums go up three times faster than can do a better job than the govern- this is the front page—dealing with the wages. The story is obvious. For most ment, we can offer Medicare coverage Medicare Advantage reforms, they are workers across America, the choice at a lower cost and do it more effi- called, says ‘‘Phase-In Of Payment each year is take-home pay or in- ciently because we are the private sec- Based On Fee-For-Service Costs.’’ What creased costs for health insurance, and tor, Republicans accepted that premise does that mean? What does ‘‘Phase-In they understand it is unsustainable. and tried to take away Medicare cov- Of Payment Based On Fee-For-Service Just 10 years ago, the cost of a health erage from the government and offer it Costs’’ mean? It means that $236 billion insurance plan for a family of four was to private health insurance companies. in cuts to Medicare will occur—$236 bil- $6,000. This year, it is $12,000, on aver- What happened? Some private health lion in this program out here, Medicare age. Ten years from now, it will be insurance companies did do it at a Advantage, that will occur as a result $24,000. To think that 10 years from lower cost but not all of them. In fact, of this bill. What does that mean, the now people will have to work to earn when it was all said and done, Medicare $236 billion of cuts to Medicare Advan- $2,000 a month just to pay for the Advantage, this so-called private res- tage? The Congressional Budget Office health care for a small family tells you cue of the Medicare Program, ended up has said it means fewer benefits for we have to make a change. costing 14 percent more than the Medi- seniors. That is the Congressional The Senator from Kentucky on the care Program itself. In other words, Budget Office that says it means fewer Republican side came to the floor to the Medicare Program was subsidizing benefits for seniors. criticize not the Senate bill but the private health insurance companies Norma Hylton of Lexington, KY, re- House bill. I would say to the Senator cently wrote: that couldn’t keep their promise to de- from Kentucky, in all fairness, let’s ad- liver Medicare at a lower cost. Mr. Obama says he’ll take away the Medi- dress the Senate bill which will be re- The Senator from Kentucky comes to care Advantage plans. . . . This makes us ported this week. It has literally been very concerned about the healthcare plans the Chamber to defend those private being debated. I truly believe all seniors reviewed by the Congressional Budget health insurance companies, defend the (maybe others) will suffer. Office for the last 3 or 4 weeks, and it subsidy they receive at the expense of We know the overall bill raises taxes, will come out this week and be posted Medicare. That is unacceptable and in- raises health insurance premiums for on the Internet for everyone to read in defensible. Medicare offers the basic the 85 percent of Americans who al- its entirety. At that point, I think the plan most Americans trust when they ready have health insurance, and cuts criticisms leveled by the Senator from reach the age of 65. We are going to Kentucky will be put in context. Let’s Medicare by $1⁄2 trillion. This morning, find a way to make sure we put Medi- what I tried to do is point out what look at the Senate bill. care on sound footing. The future of some of those cuts mean; what taking I would also like to stand here and Medicare is in doubt if we don’t deal $8 billion out of hospice means, this wave before you a copy of the Repub- with the underlying problems in our important program dealing with folks lican bill on health care reform, but it health care system today. who are at the end of life; and what does not exist. There is no Republican The Senator from Kentucky and his taking $236 billion out of Medicare Ad- alternative to health care reform. They Republican side have no alternative. vantage means, as a practical matter, are satisfied with the current system. They are not offering health care re- to constituents in my State and across They want to keep the status quo. Like form or change. They are standing with the country. the health insurance companies, they the health insurance companies, de- I yield the floor. are happy with what exists. But most fending Medicare Advantage, which en- f Americans, and certainly those I rep- joys this healthy subsidy from the Fed- resent in Illinois, know better. They eral Government, and, frankly, not RESERVATION OF LEADER TIME know we are at a distinct disadvantage supporting our efforts to bring real re- The ACTING PRESIDENT pro tem- when it comes to health care if we have form to health insurance. pore. Under the previous order, the to rely on health insurance companies I can tell my colleagues the Medicare leadership time is reserved. for permission for coverage because provisions in the House bill referred to

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11395 by the Senator from Kentucky were There is nothing that could be prohibit the Obama administration supported by AARP. They have been brought more quickly to have that from upgrading security at any facility supported by other organizations: the kind of positive impact on a local econ- in the United States where Guanta- Leadership Council of Aging Organiza- omy. Part of this is to transfer the de- namo detainees would be held. That is tions, the National Committee to Pre- tainees from Guantanamo to this new unwise and unprecedented. It certainly serve Social Security and Medicare. prison and basically close Guanta- is not in the best interests of homeland How does the Senator from Kentucky namo. Guantanamo detainees cost the security in the United States. explain that; that they would endorse Government about $430,000 a year per Let’s take a hypothetical situation. this approach to Medicare while he detainee. It is an extremely expensive In fact, let’s move beyond a hypo- says it would destroy Medicare. Frank- facility, manned by the Department of thetical. Let’s take a real-life example. ly, he happens to be mistaken. What we Defense. Of course, we have to provide Last Friday, Attorney General Eric are doing is putting Medicare on a barracks and accommodations and Holder announced five Guantanamo de- sound financial footing, reducing the creature comforts that we want our tainees who were allegedly involved in increase in cost in medical procedures men and women in uniform to have at the 9/11 terrorist attack will be pros- so Medicare isn’t stripped of the basic Guantanamo. Moving it to Thomson, ecuted in Federal court in the South- funds it has. IL, will dramatically reduce that cost. ern District of New York. They include In fact, when it is all said and done, There are those who resist this and Khalid Shaikh Mohammed, the alleged we find that the House bill, the bill the do not want to see us move forward. I mastermind of the 9/11 attacks. I agree Senator from Kentucky references, ex- say they don’t understand these de- with Michael Bloomberg, the Repub- tends the life of the Medicare trust tainees would be placed in a portion of lican mayor of New York, who recently fund by an additional 5 years. How does this Thomson facility run by the De- said: the Senator from Kentucky explain partment of Defense. They would be in I support the Obama Administration’s de- that? If this is destroying Medicare, what is virtually the most secure pris- cision to prosecute 9/11 terrorists here. It is how does this health care reform ex- on in America today, where there has, fitting that 9/11 suspects face justice near tend its life? incidentally, never been an escape from the World Trade Center where so many New Under the bill, overall national the supermax facility since it was Yorkers were murdered. . . . I have great spending on health care would increase built. They would be housed in this sit- confidence that the [New York Police De- by only .8 percent over the next 10 partment], with federal authorities, will han- uation with no visitors. In military dle security expertly. years, compared to current law, even prisons, there is no requirement for though 34 million Americans would be visitation, even though some critics Federal courts are clearly capable of gaining coverage. Under the bill, out- have said otherwise. They would not be prosecuting terrorists. Since 9/11, we of-pocket spending on health care released into the general population have successfully prosecuted 195 terror- would decline by more than $200 billion under any conditions because we have ists in our article III Federal courts. I over what it would have been by the passed laws saying that will never hap- strongly support the Attorney Gen- year 2019. pen, prohibiting release of these de- eral’s decision to prosecute these sus- When it comes to Medicare Advan- tainees into America. The net result is pects in Federal court. But regardless tage, the Senator from Kentucky says to create a dramatic number of new of how one feels about the issue, every it offers more benefits for seniors. I am jobs. Member of Congress should know what not opposed to offering more benefits Today we are going to consider the Inhofe amendment means. Under for seniors, but I wish to make sure amendment No. 2774 to the Military the Inhofe amendment, the government each and every senior under Medicare Construction appropriations bill, of- could not spend any money to upgrade security facilities in New York City to has a basic Medicare package they can fered by Senator INHOFE of Oklahoma. count on and afford and that Medicare It prohibits any funds in this bill from make certain any of these terrorist is put on a permanent, sound financial being used to construct or modify a fa- suspects are held safely. We would be footing. Unfortunately, on the Repub- cility to hold a detainee from Guanta- prohibited from spending money be- lican side, they have offered no alter- namo. The Obama administration cause Guantanamo detainees are in- native. strongly opposes this amendment, and volved. How much sense does that f I hope my colleagues will join. This make? If there is the need to upgrade security so they can be tried in a safe morning Senators REID and MCCON- MILCON APPROPRIATIONS environment with no danger to the NELL received a letter from Defense Mr. DURBIN. Mr. President, there is Secretary Robert Gates, Homeland Se- people of New York City, we want to a proposal by the Federal Government curity Secretary Janet Napolitano, and spend that money, if necessary. The that relates to a small town in the Attorney General Eric Holder, express- Inhofe amendment stops us, precludes State I represent. The town is Thom- ing strong opposition to the Inhofe us from spending that money. Why son, IL. It is in Carroll County. It is 150 amendment. It reads, in part: would the Senator from Oklahoma miles from Chicago in the north- want to tie the President’s hands? Like the President and numerous others, western portion. Carroll County is one both Republicans and Democrats, we are In his zeal to keep open Guantanamo, of the small, rural counties which has convinced that closing the Guantanamo Bay he is trying to limit this administra- been struggling because a lot of em- detention center is in the national security tion. I think that is a mistake. He be- ployers have gone and a lot of people interests of the United States. . . . We ac- lieves—others do as well—we should have moved. Those who remain are hit knowledge that closing Guantanamo has not close Guantanamo. I agree with hard by the recession and desperate for proven difficult, but that is not a reason for GEN Colin Powell. He said: If I had my employment. The mayor of Thomson, the Congress to preclude this important na- way, I wouldn’t close Guantanamo to- Jerry ‘‘Duke’’ Hebeler, wrote a letter tional security objective. . . . We need to get morrow. I would close it this after- on with the work of enhancing our national to me and Governor Quinn and others security by finally closing the Guantanamo noon. He knows, and we know, it has asking for us to consider a prison Bay detention center. The Inhofe amend- become a dangerous symbol to the which had been opened there for expan- ment would have the opposite effect and world, a dangerous symbol being used sion as a Federal prison, and the ad- would likely prevent further progress on this by terrorist organizations to recruit ministration is now looking at that important issue. We ask that you join us in more for their ranks. That is why GEN possibility. If the Federal Government opposing the Inhofe amendment. Colin Powell has called for the closure moves to take over this prison, it could Let me be clear. This amendment of Guantanamo. That is why it has also create up to 3,000 jobs in the area, would not prevent Guantanamo detain- been called on to close by former Presi- good-paying jobs with benefit pack- ees from being transferred to the dent George W. Bush, who on eight dif- ages. It would be a dramatic infusion United States. Under current law, de- ferent occasions called for its closure. into the local economy. In fact, it is es- tainees can be transferred to the GEN David Petraeus has also called for timated it would increase growth in United States to be prosecuted. The its closure, as has ADM Mike Mullen, the local economy by over $200 million Inhofe amendment does not change Chairman of the Joint Chiefs of Staff, a year, almost $1 billion over 4 years. this. Here is what it would do: It would as well as Robert Gates, Secretary of

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11396 CONGRESSIONAL RECORD — SENATE November 17, 2009 Defense under Presidents Bush and She knows the story of foodborne ill- Parsing the FDA Food Safety Mod- Obama. I urge colleagues to oppose the ness personally. On the morning of her ernization Act is an important step to- Inhofe amendment, give this adminis- ninth birthday, Rylee learned her fam- ward ensuring that the food we eat is tration the tools it needs to keep ily would celebrate by taking a road safe and that we no longer hear these America safe. Let us not second-guess trip to an aquarium. Rylee couldn’t heartbreaking stories. This act will fi- them when it comes to safety and secu- have been more excited. Similar to nally provide the FDA with the author- rity for America’s people. That is what many 9-year-olds, this cute little girl ity and resources it needs to prevent, the Inhofe amendment would do. That, loved to sing and dance. On the morn- detect, and respond to food safety prob- in and of itself, would be a serious mis- ing of her birthday, she was doing both. lems. take. Before the end of the day, Rylee was The bill will increase the frequency f rushed to the hospital, where she was of inspection at all food facilities, ac- hospitalized for a month. Before she FOOD SAFETY MODERNIZATION cording to the risk they present. Be- got to the aquarium, Rylee ate a salad. ACT cause FDA does not currently have the What she didn’t know was the salad resources or statutory mandate to in- Mr. DURBIN. Mr. President, tomor- contained spinach that was laced with spect more frequently, most facilities row, Chairman TOM HARKIN will lead E. coli. The next day, Rylee had a are only inspected by the FDA about the Health, Education, Labor, and Pen- stomach ache and severe diarrhea. once every decade. The FDA Food Safe- sions Committee in the markup of a Her condition continued to worsen. ty Modernization Act will require high- food safety bill, S. 510, the FDA Food Days later she was in excruciating risk facilities to be inspected annually. Safety Modernization Act. I introduced pain. Her blood pressure was abnor- Lower risk facilities would be in- this bill with Senator JUDD GREGG of mally low. She was dehydrated, and spected every 4 years. New Hampshire and a broad coalition her kidneys began to fail. As her par- The bill gives the FDA long-overdue of Senators from both sides of the ents watched in horror, Rylee began to authority to conduct mandatory re- aisle. I thank those Senators—espe- hallucinate on the hospital bed. Rylee calls of contaminated food. Most peo- cially the late Senator Ted Kennedy, and her family were suffering more ple are stunned to know that the Fed- who joined as a cosponsor of the bill, pain than they ever thought imag- eral Government does not have the au- and Senators DODD, BURR, ISAKSON, AL- inable—all because Rylee had eaten a thority to recall contaminated food. EXANDER, KLOBUCHAR, and CHAMBLISS— salad she thought was safe. This bill will change that when it is for joining me to fight for America’s She escaped this incident with her food safety. Since we introduced this signed into law. life. But she, like millions of foodborne Most companies cooperate with the bill, a number of other Members have illness victims, will endure health com- FDA’s recall efforts, but we have to signed on, including Senators HATCH, plications indefinitely. She will need make sure those who hesitate and are GILLIBRAND, TOM UDALL, and Senator multiple kidney transplants over the uncooperative are called into line. BURRIS. We are pleased to have their course of her life. She had to endure a Some—such as the Peanut Corpora- support. There is bipartisan support for painful surgery and challenging speech tion of America, which distributed the FDA Food Safety Modernization therapy, so she can no longer sing or thousands of pounds of peanuts and Act because food safety is not a par- speak with a loud voice. peanut paste contaminated with sal- tisan issue. The safety of our food sup- Rylee has not given up hope. She was monella—did not fully or quickly re- ply affects everybody every day. recently walking the Halls of Congress call the food that was on the markets As we learned from recent events, advocating for food safety reform. I that made people sick. The food safety eating unsafe food—whether it is spin- heard her share her story with hun- bill in HELP will change that by ensur- ach contaminated with E. coli, peanut dreds of parents, victims, and other ing that the FDA can compel a com- butter laced with salmonella or mel- supporters of the Make Our Food Safe amine-spiked candy—can lead to seri- pany to recall food. Coalition. Experts agree that individual busi- ous illness and death. Every year 76 Although her voice is now perma- nesses are in the best position to iden- million Americans suffer from prevent- nently softer and lower than it was be- tify and prevent food safety hazards. able foodborne illness; 325,000 are hos- fore her illness, we heard Rylee’s mes- pitalized each year and 5,000 will die. sage loudly and clearly: All Americans People who run these facilities know Every 5 minutes, three people are deserve food that is safe. where the vulnerabilities are on their rushed to the hospital because the food Mr. President, I would like to show assembly lines, and they know which they ate made them sick. At the end of you another photo I have in the Cham- hazards the food products they work each day, 13 will die. The tragedy of ber. This is a picture of Mary Ann of with are most at risk for. That is why these deaths is clear. We certainly rec- Mendota, IL. She is 80 years old. Mary the bill asks each business to identify ognize the anguish of loved ones who Ann is pictured with her young grand- the food safety hazards at each of its lose someone to food contamination. son. I shared her story with the HELP locations and then implement a plan What is less understood are the long- Committee just a few weeks ago. that addresses the hazards. term consequences for those who do Mary Ann was planning a big Labor The bill gives FDA the authority to survive. Victims are affected for Day family celebration, and she de- review and evaluate those food safety months, sometimes years, after they cided to make a spinach salad. She hazard prevention plans and to hold leave the hospital. used spinach which she did not know companies accountable for not com- Last week, the Center for Foodborne was contaminated with E. coli. plying with the requirements of the Illness, Research & Prevention released Hours after eating the spinach, Mary plan. a report on the long-term health con- Ann was sprawled across her bathroom Finally, the bill gives the FDA the sequences of foodborne illness. The re- floor—vomiting violently and experi- authority to prevent contaminated port shows it is often the lasting dam- encing uncontrollable diarrhea. Then food from other countries from enter- age that causes more pain and suf- her kidneys failed. ing the United States. Importers will fering than the immediate effects felt Instead of spending time with her have to verify the safety of foreign sup- right after eating contaminated food. family on that holiday, she spent it in pliers and imported food so we know That means that after the initial stom- the hospital, staying there for 6 weeks, the food we are bringing into our coun- ach aches and diarrhea have run their receiving medical treatment intra- try is safe. If a foreign facility refuses course, many foodborne illness victims venously. Thankfully, Mary Ann is U.S. food safety inspections, the FDA will suffer from a lifetime of paralysis, alive, but the quality of her life is will then have the authority to deny kidney failure, seizures and mental dis- never going to be the same. entry to imports from that facility. ability and sometimes premature This country has a good system, and The FDA Food Safety Modernization death. What is worse, children, preg- most of our food is safe. But there are Act employs these and other common- nant women, and elderly Americans far too many lives—such as Mary Ann’s sense approaches to help the FDA do are among the most vulnerable. and Rylee’s—that have been com- its job of ensuring the food we eat is I wish to show you a photo of this promised by the long-term effects of safe. The bill is balanced, bipartisan, lovely young girl. Her name is Rylee. foodborne illness. and it is supported by a broad coalition

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11397 of not just consumer advocates but the ernor of Tennessee, that is what I want cent growth this year, while Governors major business interests in food pro- to address for a few minutes this morn- such as Governor Bredesen are making duction and marketing. ing. actual cuts. Well, you can imagine I thank Chairman TOM HARKIN of I picked up my newspaper in Nash- what that is doing to other important Iowa and Senator MIKE ENZI of Wyo- ville on Sunday morning, and here was State programs and tuition. ming for leading the markup of S. 510. the headline: ‘‘[Governor] Bredesen The Washington Post reported what I hope this bill will come to the Senate Faces Painful Choices as [Tennessee] the Office of the Actuary at the Cen- floor. I know my Republican colleagues Begins Budget Triage.’’ ‘‘Triage’’—that ters for Medicare and Medicaid Serv- who have joined me as cosponsors be- is a sort of talk usually reserved for an ices said over the weekend; which is, lieve, as I do, this is a step in the right emergency room. generally speaking, when we add more direction of ensuring the food supply in I have said several times—and some people to the Medicaid Program the America is even safer. people, I am sure, thought I was being doctors and the hospitals who are ex- Mr. President, I yield the floor. facetious—that any Senator who votes pected to serve them will not be willing I suggest the absence of a quorum. to expand Medicaid and transfer enor- to serve them. I will say more about The ACTING PRESIDENT pro tem- mous costs to the States ought to be that in a minute. pore. The clerk will call the roll. sentenced to go home and serve as Gov- So how in the world, in the light of The assistant bill clerk proceeded to ernor for 2 terms and try to implement these conditions, could we even be call the roll. the Medicaid Program, which is bank- thinking about a provision in this Mr. ALEXANDER. Mr. President, I rupting States and ruining public high- health care bill that would add tens of billions of new costs to the States? We ask unanimous consent that the order er education. I am not facetious when I decide in Washington that it is a great for the quorum call be rescinded. say that because if we have a chance to idea to expand health care, but we send The ACTING PRESIDENT pro tem- read these bills and know what they the bill to the Governors and the legis- pore. Without objection, it is so or- cost, they have the potential to lit- lators who are in their worst fiscal con- dered. erally bankrupt States and ruin public Mr. ALEXANDER. Mr. President, dition since the Great Depression. higher education. That is called an unfunded mandate. would you kindly let me know when 9 But do not take my word for it. Here If we think it is such a great idea to minutes have expired in my remarks? is the Nashville Tennessean and the dump 14 million more Americans into a The ACTING PRESIDENT pro tem- Knoxville News Sentinel writing about low-income program called Medicaid— pore. The Senator will be notified. Governor Bredesen of Tennessee. for which 50 percent of doctors will not Mr. ALEXANDER. Thank you, Mr. Knoxnews.com reports: ‘‘relentless bad see new patients because they are so President. news.’’ Now, Tennessee is ‘‘fiscally bet- under-reimbursed—then we should pay f ter off than many States.’’ The ‘‘short- for it somehow in the Federal budget HEALTH CARE REFORM fall is less severe than the Bredesen ad- instead of dumping the bill onto the ministration estimate[d].’’ ‘‘But there Mr. ALEXANDER. Mr. President, not States. is no quarrel,’’ according to the State’s For Tennessee, the costs will be, ac- long ago, eight Democratic Senators largest newspapers, that Tennessee’s cording to Governor Bredesen, who is a wrote to the majority leader and said State government ‘‘faces a grim situa- Democrat and the cochairman of the what all 40 Republican Senators have tion’’—‘‘$750 million in cuts.’’ Then National Governors Association health expressed and what most Americans—I things got worse because the money care caucus—he says this will cost our think maybe 99 percent of Americans— coming in this year is less than was ex- State $1.4 billion over the next 5 years. would say we need to do. They said: Be- pected. The Governor ‘‘has told his de- This is real money. How much fore we proceed to a vote on the health partment heads to present him with money? Well, based on my experience care bill that is so much in discussion suggestions for budget cuts of 6 percent as Governor, I do not see how the State across this country today, that we, No. and to include contingency plans for of Tennessee could afford to pay that 1, have a complete legislative text; adding another 3 percent.’’ without instituting a new State in- that we, No. 2, have a complete esti- Those are real cuts. We talk about come tax or without doing serious mate of its costs from the Congres- cuts in Washington. We talk about re- damage to higher education in Ten- sional Budget Office; and, No. 3, it be ducing the rate of growth. Those are nessee or both. And I believe it is true on the Internet for 72 hours so the not real cuts. In Tennessee and in Cali- of every State in America. The major- American people can read it—read the fornia and in Illinois, and all across ity leader thought it was true of his text, know what it costs, have time to this country, cuts are cuts. You spend State, so he fixed it for his State and consider both. less this year than you did the year be- three others, but for just 5 years. Then We are looking forward to that bill. fore. what happens after the 5 years? Well, What we know is, we have a 2,000-page ‘‘Layoffs . . . are likely, the Gov- you put the bridge out on the chasm a bill that has been passed by the House ernor says.’’ ‘‘This will be my toughest little further and you fall off as far or of Representatives narrowly. The ma- budget year.’’ maybe farther than you already would. jority leader has had in his office a se- Charles Sisk, writing in the Ten- Forty percent of physicians, accord- cret bill that he is working on which nessean of November 16, says: ing to a 2002 Medicare Payment Advi- we have not seen yet. Tennessee might release as many as 4,000 sory Committee survey, restrict access This morning, I would like to talk non-violent felons, possibly even including for Medicaid patients. So we are saying about one of the reasons it is impor- people convicted of drug dealing and robbery, here we have a great health care re- tant we be able to read the text, know under a plan outlined Monday by the Depart- form bill and not only is it going to what it costs, and know how it affects ment of Correction to deal with the state’s bankrupt States but it doesn’t do any each American. We have talked a lot budget crisis. favors for a great many low-income about how the bills we have seen so far The National Governors Association, Americans, because we are putting have the effect of raising insurance in an analysis last week, points out a them in a system where 40 percent of premiums, increasing taxes, cutting combination of the economic down- doctors won’t see them freely, and 50 Medicare, and increasing the Federal turn—the deepest since the Great De- percent of doctors won’t see new Med- debt, when what we are supposed to be pression—and the increase in State icaid patients at all. In some States, doing is reducing the cost of health Medicaid—now, this is not Medicare for the number of doctors who will see ba- care for individuals and families and seniors we are talking about; this is bies, who will see children, is as low as reducing the cost of health care to the the largest program for low-income 20 or 30 or 40 percent. So as a way of government which is spiraling out of Americans, 60 million Americans for partially dealing with that, the House control in terms of deficit spending. which States pay about one-third of bill says, OK, States are going to be re- But all of that obscures an even more that cost, which the health care plans quired to pay primary care doctors who serious problem with the health care we have seen intend to dump about 14 see Medicaid patients as much as Medi- bills we have seen so far; that is, the ef- million more Americans into—spend- care doctors are paid. That adds an- fect on the States. As a former Gov- ing for those programs average 8 per- other big new bill to the State, runs up

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11398 CONGRESSIONAL RECORD — SENATE November 17, 2009 the State taxes, runs up the college began July 1, includes the anticipation that But Senate Speaker Ron Ramsey, a Repub- tuition payments when the States are about $750 million in cuts will be needed for lican who is seeking his party’s nomination unable to properly fund the colleges the fiscal year beginning July 1, 2010—most for election as governor next year, said he and the universities and the commu- of that amount in reductions avoided this generally agrees with the Bredesen approach. year by using federal stimulus money. ‘‘The governor is doing exactly as I’ll do nity colleges. So my colleagues can see And that was before things got worse. Ac- when I’m governor,’’ he told reporters last why this is so much trouble: billions cording to the state Department of Finance week. more for the Federal Government; bil- and Administration, which is part of ‘‘It’s going to be a tough budget year. The lions more for the States. Then it is Bredesen’s administration, state tax collec- only upside is that people realize we’re in like giving the low-income Americans tions are already $101.3 million less than as- tough times and it’s not going to be easy.’’ who end up in this government pro- sumed when this year’s budget was enacted. Tennessee is apparently in better shape, ‘‘The stimulus has kind of concealed gram, which is expanding, a ticket to a fiscally speaking, than many other states. what’s been going on in terms of revenues,’’ In a rating of all 50 states’ fiscal status bus line that doesn’t operate half the Bredesen said. last week, the Pew Center for the States de- time, because half the doctors won’t Overall, federal funding provides about clared that there are 10 states threatened see new Medicaid patients. $12.1 billion of the $29.6 billion state budget with ‘‘economic disaster,’’ with California The ACTING PRESIDENT pro tem- this year. General state taxes provide about leading the list. The rating assigned a score pore. The Senator has 1 minute re- $12.6 billion—the shrinking portion that for each state, with the higher scores indi- maining. funds general state government—with the cating a more dangerous financial situation. Mr. ALEXANDER. Thank you very rest coming from earmarked revenues such California had a 30, and all the others in as college tuition and license fees. the top 10 problem states had a score of 22 or much, Mr. President. The Legislature’s Fiscal Review Com- Add to all of that the idea of dump- greater. mittee staff has calculated that the state Tennessee’s score was 15, the same as ing 14 million more low-income Ameri- revenue shortfall currently is just $7.2 mil- North Carolina. Other border states have cans into the Medicaid Program not lion below what it was projected back when lower scores, including Arkansas at 14 and only ruins States fiscally, hurts public the current budget was presented to law- Virginia at 13, while others had higher higher education in the States, puts makers. An explanation of the differences scores, including Kentucky at 21 and Mis- these patients in programs that doc- gets pretty complex, including a committee sissippi at 20. tors won’t see; it is a program where $1 estimate that the state’s tax take will de- cline more dramatically in the next few [From the Washington Post, Nov. 15, 2009] out of $10 is wasted by fraud and abuse, months than does the Bredesen administra- REPORT: BILL WOULD REDUCE SENIOR CARE according to the Government Account- tion’s projection of a rebound. (By Lori Montgomery) ability Office. A VERY DEEP HOLE A plan to slash more than $500 billion from Republicans suggest that instead of But there is uniform agreement that the future Medicare spending—one of the biggest these comprehensive, sweeping, 2,000- state’s budget picture is grim. page bills that raise taxes, raise pre- ‘‘The state remains in a very deep hole sources of funding for President Obama’s miums, raise the debt, add to State that it is not going to climb out of in this proposed overhaul of the nation’s health-care taxes, hurt higher education because of budget year,’’ said Jim White, executive di- system—would sharply reduce benefits for some senior citizens and could jeopardize ac- what I described, and put low-income rector of the Fiscal Review Committee. ‘‘That hole is going to require very painful cess to care for millions of others, according Americans into a program that half the to a government evaluation released Satur- doctors won’t see, we should move step and drastic budget reductions across much of state government. The only question is how day. by step to reduce costs. We should bad it will be.’’ The report, requested by House Repub- start with small business health plans White says $290 million in cuts will be licans, found that Medicare cuts contained in that allow businesses to pool their re- needed in addition to the programmed $750 the health package approved by the House on sources and insure more people at a million in cuts. Nov. 7 are likely to prove so costly to hos- lower cost; allow purchasing of health Bredesen, accepting his staff calculations, pitals and nursing homes that they could stop taking Medicare altogether. insurance across State lines; reduce has told his department heads to present him with suggestions for budget cuts of 6 percent Congress could intervene to avoid such an the number of junk lawsuits against and to include contingency plans for adding outcome, but ‘‘so doing would likely result doctors; create health insurance ex- another 3 percent in cuts if things go even in significantly smaller actual savings’’ than changes so more Americans can shop worse than expected. That process begins is currently projected, according to the anal- for cheaper health insurance; and do Monday with the Department of Education. ysis by the chief actuary for the agency that something about waste, fraud, and The state funds public schools statewide administers Medicare and Medicaid. That abuse. If we were to take those steps, through the Basic Education Program. The would wipe out a big chunk of the financing for the health-care reform package, which is that would be real health care reform governor and the Legislature avoided cuts to the BEP for the current year. projected to cost $1.05 trillion over the next because it would be reducing costs to Avoiding them again, Bredesen said, will decade. the American people and to our govern- be a priority. But any increase in education More generally, the report questions ment. funding, such as needed for making more whether the country’s network of doctors Mr. President, I ask unanimous con- children eligible for pre-kindergarten pro- and hospitals would be able to cope with the sent that the articles I referred to ear- grams, is forgotten. effects of a reform package expected to add lier be printed in the RECORD. Another priority is honoring commitments more than 30 million people to the ranks of There being no objection, the mate- to economic development projects, Bredesen the insured, many of them through Medicaid, rial was ordered to be printed in the has said. the public health program for the poor. Keeping education and economic develop- In the face of greatly increased demand for RECORD, as follows: ment commitments whole, of course, re- services, providers are likely to charge high- [From knoxnews.com, Nov. 15, 2009] quires deep cutting in other areas, such as er fees or take patients with better-paying NEWS ON STATE BUDGET GRIM the Department of Children’s Services or the private insurance over Medicaid recipients, (By Tom Humphrey) Department of Mental Health, which were ‘‘exacerbating existing access problems’’ in NASHVILLE—Phil Bredesen, preparing the aided by federal stimulus money this year. that program, according to the report from last state budget he will present as Ten- EMPLOYEE FURLOUGHS AN OPTION Richard S. Foster of the Centers for Medi- nessee’s governor, will begin on Monday Layoffs of state employees are likely, the care and Medicaid Services. hearing recommendations from his most governor says, though he will look at alter- Though the report does not attempt to trusted advisers on how to cut spending natives such as furloughs. quantify that impact, Foster writes: ‘‘It is plans to account for relentless bad news. ‘‘This will be my toughest budget year,’’ reasonable to expect that a significant por- Tennessee, according to a nationwide said Bredesen, who will leave office in Janu- tion of the increased demand for Medicaid study released last week, is fiscally better ary 2011, after his successor is elected next would not be realized.’’ off, than many states. Further, according to year. ‘‘I hate to go out that way, but that’s The report offers the clearest and most au- a legislative committee’s staff calculations, the way it is.’’ thoritative assessment to date of the effect the current state revenue shortfall is less se- Bredesen has taken some partisan criti- that Democratic health reform proposals vere than the Bredesen administration esti- cism for the budget situation. Senate Repub- would have on Medicare and Medicaid, the mates. lican leader Mark Norris, for example, re- nation’s largest public health programs. It But there is no quarrel with the general cently declared Bredesen should have made analyzes the House bill, but the Senate is proposition that Tennessee state government deeper cuts in the current budget in accord also expected to rely on hundreds of billions faces a grim situation. with a GOP proposal that the Democratic of dollars in Medicare cuts to finance the The budget plan adopted in June and now governor branded ‘‘stupid’’ during the legis- package that Majority Leader Harry M. Reid in place for the present fiscal year, which lative session. (D–Nev.) hopes to take to the floor this

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11399 week. Like the House, the Senate is expected [From the Tennessean, Nov. 16, 2009] most economists projecting a slow and po- to propose adding millions of people to Med- STATE MAY RELEASE PRISONERS TO CUT tentially jobless national recovery. More- icaid. COSTS over, even when recovery begins, states will The Centers for Medicare and Medicaid (By Chas Sisk) continue to struggle because they will need to replenish retiree pension and health care Services administers the two health-care Tennessee might release as many as 4,000 programs. Foster’s office acts as an inde- trust funds and finance maintenance, tech- non-violent felons, possibly even including nology and infrastructure investments that pendent technical adviser, serving both the people convicted of drug dealing or robbery, administration and Congress. In that sense, were deferred during the crisis. They will under a plan outlined Monday by the Depart- also need to rebuild contingency or rainy it is similar to the nonpartisan Congres- ment of Correction to deal with the state’s sional Budget Office, which also has ques- day funds. The bottom line is that states will budget crisis. not fully recover from this recession until tioned the sustainability of proposed Medi- Correction Commissioner George Little care cuts. late in the next decade. said the department would have no choice The Current Situation—The recent eco- In its most recent analysis of the House but to recommend early release of inmates if nomic downturn started in December 2007 bill, the CBO noted that Medicare spending it were to implement the budget cuts called and likely ended in August or September per beneficiary would have to grow at rough- for by Gov. Phil Bredesen. The department 2009, making it one of the deepest and long- ly half the rate it has over the past two dec- has already squeezed out savings and left est since the Great Depression. State reve- ades to meet the measure’s savings targets, more than 300 positions unfilled, and it is re- nues were down 4.0 percent in the last quar- a dramatic reduction that many budget and lying heavily on federal stimulus funding in ter of calendar year 2008, and 11.7 and 16.6 health policy experts consider unrealistic. its current budget, he said. percent in the first two quarters of 2009, re- ‘‘This report confirms what virtually every ‘‘This isn’t scare tactics,’’ he said. ‘‘We’ve spectively. These findings are consistent independent expert has been saying: [House] got to make ends meet. . . . We would not with the Fiscal Survey of States estimate Speaker [Nancy] Pelosi’s health-care bill propose these sorts of very serious and that state revenues declined 7.5 percent in will increase costs, not decrease them,’’ said weighty options if we were not in such dire fiscal year (FY) 2009, which for most states Rep, Dave Camp (Mich.), the senior Repub- circumstances.’’ ended June 30, 2009. lican on the House Ways and Means Com- Bredesen, who does not have to submit his Revenues will likely continue down for an- mittee. ‘‘This is a stark warning to every Re- budget plan until Feb. 1, did not commit to other one or two quarters before turning up publican, Democrat and independent worried the plan. slowly. This precipitous drop in state reve- about the financial future of this nation.’’ ‘‘If you were going to take that dramatic nues is consistent with past recessions in Democrats focused Saturday on the posi- step, I would only want to do it with the as- which the trough in state revenue generally tive aspects of the report, noting that Foster surance that I got the budget savings I would coincides with the peak in unemployment. concludes that overall national spending on expect,’’ Bredesen said. Most economists forecast that unemploy- health care would increase by a little more The plan, which Little described on the ment will continue to increase for several than 1 percent over the next decade, even first day of state budget hearings, would in- months and possibly into the first quarter of though millions of additional people would volve releasing prisoners from local jails, 2010. gain insurance. Out-of-pocket spending saving the department in per diem expenses. Similarly, Medicaid spending, which is would decline more than $200 billion by 2019, To meet Bredesen’s goal of cutting 6 per- about 22 percent of state budgets, averaged with the government picking up much of cent, or $35 million, from the Department of 7.9 percent growth in FY 2009, its highest that. The Medicare savings, if they material- Correction’s budget, as many as 2,155 in- rate since the end of tile last downturn six ized, would extend the life of that program mates held in local jails would need to be re- years ago. Medicaid enrollment is also spik- by five years, meaning it would not begin to leased, Little said. Another 1,078 prisoners ing, with projected growth of 6.6 percent in require cash infusions until 2022. would need to be released from the state’s FY 2010 compared with 5.4 percent in 2009. jails if Bredesen were to call for an addi- ‘‘The president has made it clear that The combination of falling revenues, which tional cut of 3 percent, as the governor has health insurance reform will protect and accompany high unemployment,and an ex- indicated he might do. plosion in Medicaid enrollment, which oc- strengthen Medicare,’’ said White House Alternatively, the department could close spokeswoman Linda Douglass. ‘‘And he has curs very late in an economic downturn, ex- one or two of the state’s 14 prisons, a move plain why a recession’s greatest impact on also made clear that no guaranteed Medicare that would result in the release of about benefits will be cut.’’ state budgets occurs one to two years after 4,000 felons. Such a move would likely result the downturn is over. States’ budget prob- Republicans argued that the report fore- in the release of more dangerous criminals, lems are reflected in the latest Fiscal Survey casts an increase in total health-care spend- but it would prevent local sheriffs, judges of States, which shows states closed budget ing of more than $289 billion. and district attorneys from replacing in- gaps of $72.7 billion in FY 2009 and $113.1 bil- mates who were released with other crimi- lion in FY 2010. This includes tax and fee in- [From the Knoxville News Sentinel, Nov. 15, nals. creases of $23.8 billion in 2010. Even with cuts 2009] In either scenario, the department would and tax increases, states are experiencing aim to release inmates who had committed new budget shortfalls totaling $14.5 billion BREDESEN FACES PAINFUL CHOICES AS TN Class C, D or E property crimes. Class C felo- BEGINS BUDGET TRIAGE for 2010 and $21.9 billion for 2011. Given pro- nies include crimes such as drug dealing, jected revenue shortfalls, however, these (By Tom Humphrey) bribery and simple robbery and carry a sen- shortfalls will increase dramatically over Phil Bredesen, preparing his last state tence of three to 15 years. Class D and Class the next several months. budget as Tennessee’s governor, will begin E felonies are less serious crimes. The American Recovery and Reinvestment The state currently has about 19,700 in its on Monday hearing recommendations from Act (ARRA)—Of the $878 billion in ARRA prisons, but the department already had his most trusted advisers on how to cut funds, about $246 billion came to or through plans to reduce that population to 18,500 in- spending to account for relentless bad news. states in more than 40 programs. Most im- mates with the closure of the state prison in Tennessee, according to a nationwide portantly, the $87 billion in Medicaid funds Whiteville at the end of next year. Most of and the $48 billion in state stabilization study released last week, is fiscally better the budget for that facility had come from off than many states. Further, according to funds were flexible and allowed states to off- the $48 million in federal funding that the set planned budget cuts and tax increases. a legislative committee’s staff calculations, department is getting during the current fis- the current state revenue shortfall is less se- The Medicaid funds allowed states to repro- cal year—money that will largely disappear gram state funds that were originally to vere than the Bredesen administration esti- once the stimulus program has run its mates. fund Medicaid expansions, while the edu- course. cation money was targeted for elementary, But there is no quarrel with the general ‘‘We’ve, frankly, exhausted all of our op- secondary and higher education, which rep- proposition that Tennessee state government tions other than, frankly, prison population resents about one-third of state spending. If faces a grim situation. management,’’ Little said. Congress had not made these funds available, The budget plan adopted in June and now state budget cuts and tax increases would in place for the present fiscal year, which THE STATE FISCAL SITUATION: THE LOST have been much more draconian and dev- began July 1, includes the anticipation that DECADE astating to state governments, their employ- about $750 million in cuts will be needed for The fiscal condition of states deteriorated ees and citizens. Both the ARRA Medicaid the fiscal year beginning July 1, 2010—most dramatically over the last two years because and education funds expire at the end of De- of that amount in reductions avoided this of the depth and length of the economic cember 2010. States must plan for the serious year by using federal stimulus money. downturn, and state officials do not expect cliff in revenues they will face at that time. And that was before things got worse. Ac- this situation to improve any time soon. The Recovery Period—While there is still cording to the state Department of Finance Previous downturns have proven that the uncertainty regarding the shape of the re- and Administration, which is part of worst budget years for a state are the two covery, there seems to be a growing con- Bredesen’s administration, state tax collec- years after the national recession is declared sensus that it will be slow. Numerous studies tions are already $101.3 million less than as- over. States’ recoveries from the current re- project that state revenues will likely not sumed when this year’s budget was enacted. cession, however, may be prolonged with recover until 2014 or 2015. A recent forecast

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11400 CONGRESSIONAL RECORD — SENATE November 17, 2009 by Mark Zandi at Economy.com showed that week. We should all agree upon it in a The idea is that by paying institu- the national unemployment rate, which bipartisan way, and we should go tions less money, they will be forced to straddled 5.5 percent during the 2001–2007 pe- home, and we should listen to the peo- become more productive. I will tell my riod, will not attain that level again until ple. I got so much good prairie wisdom, colleagues that in Nebraska, if you 2014. Similarly Zandi’s latest forecast indi- cated that state revenues will not return to as I call it, from the folks back home. have a critical access hospital in a the 2008 level in real terms until FY 2013. As I wish to talk about that today. rural area and it is serving 25 patients, mentioned above, until employment im- One of the things I talked about as I today they are as productive as they proves, state revenues will continue to strug- was making my presentation is the can possibly get. If you have a nursing gle. Work by the Nelson A. Rockefeller Insti- proposed Medicare cuts and the impact home in a small community and your tute of Government similarly indicates that it has on Nebraskans, real people. The idea as the Governor or as the family is per capita real revenues will not reach the impact on the current Nebraska health that a loved one can stay close to 2007 level until 2014. Making matters worse, care delivery system cannot be denied. home, they are about as productive as economist Robert Kuttner has indicated that DISH hospitals we estimate today—and they can get. the states’ fiscal shortfalls will be about $350 again we will see the final bill and we Congress could intervene and say, billion over the next several years. Deferred Investments—Even when recovery will figure out what the exact numbers well, we are not going to make those begins in the 2014–2015 period, states will be are—but the estimate is there will be cuts in the years to come, but the actu- faced with a huge ‘‘over hang’’ in needs and $142 million in cuts to those hospitals. ary said, and I am quoting: ‘‘So doing will have to accelerate payments into their Our nursing homes across the State would likely result in significantly retiree pension and health care trust funds, that do such a great job with our senior smaller actual savings.’’ as well as fund deferred maintenance and population estimate cuts of about $93.2 So there we have it. We have experi- technology and infrastructure investments. million. Home health is a program I ence in this area where every year Con- They will also have to rebuild contingency have always respected and what they gress doesn’t take the action, And it or rainy day funds. All of these needs were doesn’t bend the cost curve, according postponed or deferred during the 2009–2011 pe- do. The idea is, if we can keep people in riod and will have to be made up toward the their home longer versus a nursing to this expert. end of the decade. According to a 2007 Pew home, that saves money. So I promoted Earlier this year the President said— Center on the States report, states have an it as a Governor and I promote it now. and I am quoting—that this ‘‘will slow outstanding liability of about $2.73 trillion in They are projecting $126 million in the growth of health care costs for our employee retirement, health and other bene- cuts. By 2016, it is estimated that 66 families, our businesses, and our gov- fits coming due over the next several dec- percent of Nebraska home health agen- ernment.’’ ades, of which more than $731 billion is un- cies will be operating in the red. Then, Yet CMS forecasts an actual increase funded. in total health care spending of more The bottom line is that states will con- hospice estimates they will have a 12- percent payment reduction. That is a than $289 billion over the next 10 years. tinue to struggle over the next decade be- I am quoting here again from that re- cause of the combination of the length and real impact on services because in our depth of this economic downturn and the hospice systems, oftentimes people are port: projected slow recovery. Even after states driving long distances to provide that With the exception of the proposed reduc- begin to see the light, they will face the tions in Medicare payment updates for insti- service. Then Medicare Advantage, tutional providers, the provisions of H.R. ‘‘over-hang’’ of unmet needs accumulated which is a popular program back home, during the downturn. The fact is that the 3962 would not have a significant impact on biggest impact on states is the one to two especially with poor citizens in rural future health care cost growth rates. In addi- years after the recession is over. With states areas—about 35,000 Nebraskans cur- tion, the longer-term viability of the Medi- having entered the recession in 2008, revenue rently have plans, and as my col- care update reductions is doubtful. shortfalls persisting into 2014 and a need to leagues know, that has a big bull’s-eye In other words, Health and Human backfill deferred investments into core state on it for cuts. Some say that wasn’t a Service experts don’t believe it is even functions, it will take states nearly a decade very good program, but I will tell my viable to make the kinds of cuts that to fully emerge from the current recession. colleagues the people who have that are proposed long term. Even if Con- Mr. ALEXANDER. I thank the Chair program like it. gress has the will to make the cuts, and yield the floor. Citizens came to me and they shared health care costs are going up, not The ACTING PRESIDENT pro tem- concerns about access to care. They down. Let me repeat this. This bill pore. The Senator from Nebraska is shared concerns such as: Is this going drives up the cost of health care, not recognized. to bring down the cost of health care? down. Astounding, absolutely astound- Mr. JOHANNS. Mr. President, thank Those are promises that have been ing. you. I rise today to also speak about made as this health care debate has un- It doesn’t allow you to keep the plan health care. I will tell my colleagues folded. Our President has made those if you like it. How many times was when the Senator from Tennessee was promises. Questions were raised such that promise made? By 2014, Medicare talking about Medicaid, we former as: How about Medicare? What impact Advantage enrollment would drop 64 Governors can relate to what he was will it have? Are there going to be neg- percent from 13.2 million to 4.7 million saying. I had the opportunity, as the ative impacts? Today, as I did during because benefits would be cut. Every Presiding Officer knows, to be Gov- the townhalls, I wish to try to address single advocacy group for senior citi- ernor of Nebraska for 6 years, and Med- these questions. zens should be on the phone today call- icaid was an enormous challenge. It is In fact, I wrapped up my townhalls ing Senators to say, Don’t go there. eating up State budgets. States are on Friday in Lincoln, NE, and then the This hurts seniors. Also, insurance struggling. My own State, which has experts over at the Center for Medicare plans will have to be government ap- done better than just about every other and Medicaid Services actually an- proved. In our State, I saw an estimate State in the country, is in special ses- swered these questions for us. On Sat- that said 61 percent of our plans are sion today trying to figure out how to urday, the following day, the chief ac- not going to be in compliance and find cuts of about $330 billion, which is tuary of the Obama administration’s would have to be changed. a lot of money in our State. Plus, there CMS released a report that analyzed When it comes to health care, it is are these tremendous access problems, the recently passed House legislation. often suggested to get a second opin- how to get people into Medicaid. So I Why is that important? It is important ion. Well, I think here in the Senate we wish to associate myself with his com- because the House has finished its should follow this advice. Before we ments. work for now and, ultimately, if the perform major surgery, very high-risk I wish to speak today, if I could, Senate were to pass a bill, it is the surgery on the Nation’s health care about some townhall meetings I had House bill and the Senate bill that will system—16 percent of our economy—we back home in Nebraska this last week. be conferenced. It concluded this: should get a second opinion. That is As soon as we recessed, I headed home. There are decreases in access to health why I sent a letter to the majority In about 48 hours we had four townhall care services. Medicare payments to leader last Thursday and I asked for a meetings. Boy, if I were to give some hospitals and nursing homes are re- CMS actuary to analyze the Senate bill advice, I would say whenever this bill duced over time based on certain pro- before it is voted on so we can deter- comes out we should call a recess for a ductivity targets. mine if the legislation bends the cost

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11401 curve, and I am proud to report today that this week we are going to see it, produced by committees all have the that already I have 24 colleagues join- and I hope that is the case, because we same basic characteristics about them. ing me in signing that letter. All we would love to be able to react to the The first one is, they raise taxes sub- are doing is asking the majority leader: Senate bill and we would love to know stantially. They raise taxes—in a con- Please get a second opinion before you what it is going to cost, and the Amer- tradiction of promises made by the perform this high-risk surgery on our ican people would love to know what it President—on people making less than health care system. is going to cost. We would also love to $200,000 and those making less than I will tell one last story from a town- have some time to look at it before we $100,000. In fact, because of the indi- hall meeting that occurred in Grand Is- start voting on it in the Senate. vidual mandate in the House-passed land, NE. This will be my last thought. My understanding is this is going to bill, people making $22,800 a year and A young man gets up and he says this, be a compressed schedule. They are up to $68,400 a year will see a huge tax and I am quoting: going to try to get a vote this week on increase that will hit them. Small busi- What will you do to me and my generation, a motion to proceed to this bill, and nesses, because of the pay-or-play man- to me and my child? Will you ransom my fu- come back after Thanksgiving and try date, which under the House bill sup- ture for your own? to rush this through the Senate before posedly raises $135 billion, are going to Our best intentions might end up de- the Christmas holiday, a bill that rep- see their taxes go up. The high-income stroying his American dream and the resents one-sixth of the American earners making $500,000 and above will dream of his child. This is high risk, economy. The House bill was 2,200 see their taxes go up because there will what we are doing here. Let’s get the pages long and the Republicans were be a surtax applied to the high-income best opinions we can before we act. allowed 1 amendment, 1 amendment in earners. Thank you, Mr. President. I yield the the House. I think we are going to have The problem with that is, this floor. to make sure, in the Senate, this gets doesn’t just hit high-income earners, it The ACTING PRESIDENT pro tem- done right. That will take some time. hits small businesses because of the pore. The Senator from South Dakota When the No Child Left Behind legis- way they are organized, as subchapter is recognized. lation was debated in the Senate, it S corporations or LLCs, to file on their Mr. THUNE. Mr. President, how took 7 weeks on the floor. We had a individual tax returns. CBO has said much time remains on our side? comprehensive energy bill a few years one-third of the tax increases targeted The ACTING PRESIDENT pro tem- ago that took 8 weeks on the floor of at the so-called rich will hit small pore. There is 9 minutes 15 seconds re- the Senate. The farm bill that passed businesses, which are the job creators maining. in the last session took 4 weeks on the in our economy, the engine of eco- Mr. THUNE. Mr. President, I wish to floor of the Senate. We need to make nomic recovery in America. They say say to my colleague from Nebraska, sure this gets done in the right way for three-quarters to two-thirds of our jobs former Governor and now Senator from the American people. We don’t even are created by small businesses. We are that State, that I am one of the sig- have a bill yet. That is why we are going to raise taxes on them. In fact, natories on the letter he has sent re- down here talking about the bills that the highest marginal income tax rate, questing we get cost data before we were so far out there. if this passes, next year, with the expi- move forward with this and what the The Senator from Illinois also said ration of tax cuts that were enacted in impact is going to be, because that is the main concern the American people 2001 and 2003, will go from 35 percent to the issue. have is cost—costs keep going up. I had 46.4 percent. That is the highest mar- I have listened to some of the discus- a roundtable in my State, in Sioux ginal income tax rate we have seen in sion that has occurred on the floor this Falls, last week. The Governor, Gov- 25 years. It is going to hit squarely morning. The Senator from Illinois was ernor Rounds, participated, as did sev- small businesses that we are relying on down here earlier, Mr. DURBIN, saying eral small business owners, including a to try to get us out of this recession that the Republicans are attacking the restaurant owner, a retail pharmacy, a and create jobs. This health care re- House bill. Why are they attacking the chain drugstore manager, and a small form is all financed with higher taxes, House bill? Why aren’t they talking business owner who manufactures wood with Medicare cuts. about the Senate bill? Well, it is very products. I talked about the characteristics simple. There is no Senate bill. It is They were all concerned about the consistent with regard to all these pro- being written behind closed doors. We same thing—costs. They said: How are posals: You have higher taxes, and you have not been included in any of that. we going to provide good coverage to have Medicare cuts to the tune of one- We have not been privy to any of the our employees? What are we going to half trillion dollars a year, which, as discussions that are occurring behind do if this massive expansion of the Fed- my colleagues already pointed out this closed doors. So when we come down eral Government—$3 trillion, when it is morning, are going to hit not only pro- here and talk about health care reform, fully implemented—passes and when viders but also seniors. Medicare Ad- we are confined to talking about the all the costs are going to be passed on vantage Program seniors will see bene- House-passed bill because there isn’t a to business? How are we going to be fits cut. So you have the individuals Senate bill. able to continue to cover our employ- impacted, the providers impacted, and, There are two Senate versions that ees? What will that mean for people in of course, you have most Americans have passed Senate committees. The terms of coverage? impacted in one way or another by the Finance Committee has passed a bill. I agree with the Senator from Illi- tax increases. The Health, Education, Labor and Pen- nois, who said cost is the issue. That is The final point is the most impor- sions Committee has passed a bill. But what I care about, and that is what the tant; that is, the other characteristics the merger of those bills is occurring people in South Dakota care about. these plans have in common, in addi- behind closed doors in direct contradic- How do we get the cost for health care tion to higher taxes and Medicare cuts, tion of what was promised earlier and health care coverage down? are higher health care costs and higher about health care reform. President The ironic thing we have seen about premiums. The CMS actuary came out Obama said when we do health care re- all these bills so far is none of them last week with a report describing the form, it is going to be an open, trans- does anything to get costs down. All of House-passed bill, and it says it is parent process. The American people them increase costs. So the so-called going to increase the cost of health are going to be able to observe this. In curve we talk about—bending the cost care in this country by $289 billion. We fact, it is going to be done on C–SPAN. curve down—isn’t happening under any spend 17 percent of our GDP on health Well, nothing could be further from the of these bills. We have not seen the care today. Under that bill, it would go truth, because it is all happening be- Senate bill because it is still being up to 21.1 percent, if we did nothing. hind closed doors. written behind closed doors. The We would be better off in terms of the So when we come out here and talk House-passed bill—the 2,200-page mon- costs that will be passed on to people about health care reform, we are left strosity that passed the House of Rep- in the form of higher health care ex- with talking about a House bill because resentatives earlier—and the Senate penses. It said we are going to see in- there is no Senate bill. We are told bills we have seen so far that have been creased costs and that we are going to

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11402 CONGRESSIONAL RECORD — SENATE November 17, 2009 see, the chief actuary concluded, 12 The PRESIDING OFFICER. Without cent polling shows that only 4 percent million people lose their employer- objection, it is so ordered. of the American people think this is a sponsored coverage because small em- f problem. Four percent are wrong and ployers would be inclined to terminate the 96 percent are right. GUANTANAMO BAY coverage so workers would qualify for Nonetheless, in China, keep in mind, heavy subsidies through the exchange. Mr. INHOFE. First of all, right after their output of CO2 emissions could The biggest number of people who the conference luncheon, we are going amount to twice the combined emis- will be covered will be those who are to have my amendment having to do sions of the world’s richest nations, in- pushed into Medicaid, which, under with Gitmo. This is a very simple one- cluding the United States, the Euro- this proposal, does expand signifi- page amendment that states that none pean Union, and Japan. Consequently, cantly. The problem with that is, it of the funds appropriated, or otherwise the problem there is China, India, Mex- passes on enormous costs to the States. made available by this act—on ico, and the developing countries. We You heard the former Governor of Ne- MILCON—or any prior act may be used all know nothing will pass this body braska and the former Governor of to construct or modify a facility or fa- that doesn’t treat the developing coun- Tennessee talk about that. My Gov- cilities in the United States or its ter- tries as developed nations. ernor, Governor Rounds, in South Da- ritories, to permanently or temporarily I will not dwell on this. At a later kota, said we are going to be faced with hold any individual who is detained as time, I will. I plan to make a very $134 million in increased costs to the of October 1 of 2009 at Gitmo. long—well over an hour—talk. I am States to pay for this because Medicare You might wonder, we have been trying to get some time now to do is a partnership between the States and talking about this, and I have actually that. This will be the fifth time I have the Federal Government. So any ben- had pass two amendments that do al- done this in the last 6 years concerning efit we get—about 60 percent of the most the same thing. We passed an this particular subject, which is the al- people who will get coverage because of amendment to the 2007 resolution 94 to leged global warming attached to the the bill will get it through Medicaid at 3—a bipartisan amendment to the war CO2 emissions. an enormous additional cost to the supplemental offered by me and Sen- I will say this: As far as what is going States, which will be passed on to the ator INOUYE from Hawaii. It passed 90 on right now in China, the Chinese are taxpayers in the individual States. to 6 in the current Senate Defense ap- not going to line up and agree, in Co- So you will have higher taxes on propriations bill. It is in conference. penhagen or anyplace, to start reduc- small businesses, higher taxes on indi- My concern is, in conference, it may be ing their own emissions. Frankly, they viduals, and you will have Medicare removed. Keep in mind, we sent this are the ones who are the big bene- cuts that will impact seniors and pro- language to conference once before, ficiaries. This is kind of interesting, viders. The amazing thing about all and it came back and merely said that because even if we did it and the devel- this is you are going to have higher if the President announces a plan of oped nations did it, it still wouldn’t health care costs when it is all said and what to do with those individuals who have any material reduction in CO2. done. It is remarkable that anything are incarcerated at Gitmo, we would Even if you believed CO2 or anthropo- could be called health care reform that have 45 days to discuss that. It doesn’t genic gases caused global warming or raises costs the way these proposals say we have to agree with the plan he climate change, it is still not going to would do. gives. work, as Tom Quigley said it would Finally, in response to what the Consequently, there are no teeth in back when Senator Gore—Vice Presi- other side has said, which is that Re- that. This may be our only chance. dent Gore at that time—tried to do a publicans don’t have alternatives, that This is an issue that has always passed study to determine what wonderful is wrong again. Republicans have pro- by over 90 votes. So I will have that things would happen if we joined the posed step-by-step solutions that would amendment. I hope people will under- Kyoto treaty. The question was, to his do this right, so it would drive down stand the whole country was upset own scientists: If all nations, all devel- the costs, such as interstate competi- when they found out on Friday the oped nations, including the United tion, allowing people to buy insurance 13th—and that was kind of an inter- States, the European Union, and all of across State lines; small business esting day for this—when Khalid them, were to sign the Kyoto treaty group health plans, which would give Shaikh Mohammed, as announced by and live by its emission requirements, businesses the advantage of group pur- the President, was going to be tried in how much would it reduce the tempera- chasing power, tort reform. We have a New York City, and they were going to ture? Tom Quigley, a renowned sci- range of things we hope we have an op- move five terrorists into the New York entist, came out with this report and portunity to get to. We have to defeat City area. I will not debate this thing. said it would reduce it by less than this $3 trillion monstrosity. It has been worn out in the press. seven one-hundredths of 1 degree Cel- I yield the floor. People realize that if we are going to sius by 2050. So all of the pain, all of The PRESIDING OFFICER (Mr. bring these terrorists to the United the taxes, the largest tax increase in BEGICH). The Senator from Oklahoma States, they will become targets for the history of America, and it does not is recognized. terrorist activities. Besides that, you reduce anything. Consequently, I don’t Mr. INHOFE. Mr. President, during cannot try someone under our court think it is necessary to belabor that. the course of the day today—and I feel system who should be tried under a tri- China is not going to do it, no matter I can do this since it is my birthday— bunal. The rules of evidence are dif- what the President does on his trip to I had five different subjects I wish to ferent, and we have a perfect place for China. cover. I will make one comment about that down in Gitmo. Again, I will be of- f the talk just given—the eloquent fering that amendment. HAMILTON NOMINATION speech just given by the Senator from f South Dakota. Mr. INHOFE. As I am rounding third I think the thing that surprises most PRESIDENTIAL TRIP TO CHINA and heading home, I am concerned that people is, we will have meetings and Mr. INHOFE. Mr. President, I wish to we are going to be voting this after- people will say: Wait a minute, you talk about the President’s trip to noon on the nomination of David Ham- don’t even know what is in the Senate China. It appears evident—which we ilton to be a judge on the Seventh Cir- bill being written up behind closed have known all along—that we are not cuit Court of Appeals. I think Ham- doors. The comments we are making— going to be passing anything in this ilton is, without question, a liberal ac- most of them—refer to the bill passed country on cap and trade. We have the tivist judge. He believes judges do not in the House. The reason for that is, bill that is up right now by Senators simply interpret the Constitution of that is the only thing we have to talk KERRY and BOXER, who have talked the United States but that judges have about. about this now for 8 years. Every time the power to actually change the Con- I ask unanimous consent that I be they talk about it, there is more and stitution when deciding cases, stating recognized until such time as we move more opposition to it. Right now, the that—this is his quote, Mr. President— on, and I understand that is 11:20. interesting thing is that the most re- ‘‘part of our job here as judges is to

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11403 write a series of footnotes to the Con- Army. They go into the villages and by the Missile Defense Agency of the Depart- stitution.’’ This is exactly what our kidnap these kids, take them out, ment of Defense, to be used for the construc- Founding Fathers did not want us to teach them how to be warriors, and tion of a test facility to support the Phased do. Judges are supposed to interpret once they join up, they send them back Adaptive Approach for missile defense in Eu- rope, with an offset. what we do in this Chamber. to the village to murder their own par- DeMint (for Inhofe) amendment No. 2774 When he was nominated to the dis- ents, their own family. (to amendment No. 2730), to prohibit the use trict court in 1994, the American Bar This has been going on for a long pe- of funds appropriated or otherwise made Association rated him as not qualified. riod of time. This bill is something available by this Act to construct or modify I voted against him for a number of about which I am very excited. Finally, a facility in the United States or its terri- reasons back in 1994. I don’t very often we have the attention of the people in tories to permanently or temporarily hold agree with Vice President BIDEN, but I the United States, and that is to join any individual held at Guantanamo Bay, Cuba. have to say this. Vice President BIDEN in and go after this animal named Jo- Feingold/Sanders amendment No. 2748 (to made a statement some time ago with seph Kony. amendment 2730), to make available which I do agree. That is, if you are in In the last 18 years, the LRA has cap- $5,000,000 for grants to community-based or- the Senate and you have a judge who is tured over 20,000 kids. I have been to ganizations and State and local government coming up for confirmation by the Sen- northern Uganda. I have been up Guru. entities to conduct outreach to veterans in ate, and if you oppose that judge when I have watched these kids after they underserved areas. he comes up to be a Federal judge, then have been dismembered, after they cut Mrs. HUTCHISON. Mr. President, I later on when he wants to become a their lips off, cut their ears off, and all suggest the absence of a quorum. circuit judge or even a Justice of the of this. The PRESIDING OFFICER. The U.S. Supreme Court, if you opposed When this bill first came out, I was clerk will call the roll. him at a lower position, you have to opposed to it because Senator FEIN- The assistant legislative clerk pro- oppose him at the next position be- GOLD had to pay for this bill with a re- ceeded to call the roll. cause the bar necessarily goes up. For duction in some of the funds that Mr. JOHNSON. Mr. President, I ask that reason and many other reasons, I would otherwise go to the U.S. Air unanimous consent that the order for will be opposing him. Force. That has been taken out. So I the quorum call be rescinded. I think it is important that in 2003, in join him now in saying this is some- The PRESIDING OFFICER. Without A Woman’s Choice v. Newman, Ham- thing that has to take place. This is objection, it is so ordered. Mr. JOHNSON. Mr. President, I am ilton issued an injunction against an the first time we have actually had the pleased to report that we are getting Indiana law that required abortion opportunity to bring up this issue, to into the home stretch for the MILCON– clinics to give women information let it surface. VA appropriations bill. We have been about alternatives to abortions in the I personally talked with President on this bill 6 days now—I believe a presence of a physician, nurse, or some- Museveni in Uganda, President Kagame record for the MILCON/VA bill. I thank body else—just to have that informa- of Rwanda, and President of the east- my ranking member, Senator tion. This is inconceivable to me this ern part of Congo. I have been to Goma HUTCHISON, for her help in clearing could happen. where Joseph Kony has kidnaped these Let’s keep in mind also this is the kids, murdered these kids, mutilated amendments last evening which has same judge who had a ruling—perhaps these kids. I can tell from personal ex- put us within striking distance of com- the most infamous because of his 2005 perience this is something we need to pleting this bill today. The first amendment we are sched- decision while presiding over the case get involved in, and we are doing it by uled to vote on today is an amendment of Hinrichs v. Bosma in which he en- virtue of this bill. I have offered that will provide $50 mil- joined the Speaker of Indiana’s House I have gone 1 minute past. I apologize lion for the VA to renovate and use of Representatives from permitting to the managers of the bill. I yield the empty buildings sitting on VA medical sectarian prayers to be offered as a floor. campuses to provide housing with sup- part of that body’s official proceedings, f portive services for our homeless vets. meaning that the chaplain or whoever CONCLUSION OF MORNING The VA Secretary and the President opened the proceedings with a prayer BUSINESS have made eliminating homelessness could not invoke the name of Jesus The PRESIDING OFFICER. Morning among vets a top priority. The amend- Christ in his prayer. ment is fully offset by redirecting $50 In his conclusion, Hamilton wrote: business is closed. f million over the President’s budget re- If the Speaker chooses to continue any quest provided in this bill for DOD’s form of legislative prayer, he should advise MILITARY CONSTRUCTION, VET- persons offering such a prayer (a) that it Homeowners Assistance Program ERANS AFFAIRS AND RELATED which the Pentagon has determined is must be nonsectarian and must not be used AGENCIES APPROPRIATIONS to proselytize or advance any one faith over not currently required. another. This is the first time and only time ACT, 2010 This amendment is supported by 16 I believe this has happened in a nomination. The PRESIDING OFFICER. Under vets and homeless service organiza- This will be coming up for confirmation. I the previous order, the Senate will re- tions, including the VFW, the Vietnam hope all of America will be aware of the fact sume consideration of H.R. 3082, which Veterans of America, and Iraq and Af- this is happening. the clerk will report. ghanistan Veterans of America. f The assistant legislative clerk read I ask unanimous consent to have let- UGANDA as follows: ters in support of my amendment printed in the RECORD. Mr. INHOFE. Mr. President, I under- A bill (H.R. 3082) making appropriations for military construction, the Department of There being no objection, the mate- stand my colleagues are getting very Veterans Affairs, and related agencies for rial was ordered to be printed in the close. I want a couple more minutes the fiscal year ending September 30, 2010, and RECORD, as follows: and that is to mention something that for other purposes. NOVEMBER 13, 2009. is happening today in the Foreign Re- Pending: Senator TIM JOHNSON, lations Committee. Senator FEINGOLD Johnson/Hutchison amendment No. 2730, in Chairman, Senate Appropriations Subcommittee has an amendment with which I whole- the nature of a substitute. on Military Construction, Veterans Affairs heartedly agree. It is actually not an Johnson amendment No. 2733 (to amend- and Related Agencies, Washington, DC. amendment. It is a bill having to do ment No. 2730), to increase by $50,000,000 the SENATOR JOHNSON: As organizations work- with the LRA. Let me explain quickly amount available for the Department of Vet- ing to end homelessness among veterans in what that is. erans Affairs for minor construction projects America, we are writing to express our The LRA, the Lord’s Resistance for the purpose of converting unused Depart- strong support and gratitude for your ment of Veterans Affairs structures into Amendment (SA 2733) to the Fiscal Year 2010 Army, has for about 25 years, led by a housing with supportive services for home- Military Construction, Veterans Affairs and guy named Joseph Kony in the north- less veterans, and to provide an offset. Related Agencies Appropriations Act. The ern part of Uganda, been mutilating Inouye amendment No. 2754 (to amendment amendment would shift $50 million to ren- kids. We have heard of the Child’s No. 2730), to permit $68,500,000, as requested ovate and convert Department of Veterans

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11404 CONGRESSIONAL RECORD — SENATE November 17, 2009 Affairs’ buildings into housing with sup- We thank you for introducing this valuable maining in order to H.R. 3082, be as fol- portive services for homeless veterans. We legislation that would greatly assist our na- lows: Johnson amendment No. 2733; believe this proposed allocation is greatly tion’s heroes. We look forward to working Feingold amendment No. 2748; Cochran needed, will be well spent, and ultimately with you to help pass this legislation into amendment No. 2763; that the Inouye will help save the lives of many brave vet- law. erans who have fallen upon hard times. Sincerely, amendment No. 2754 be modified with Far too many veterans are homeless in ERIC A. HILLEMAN, changes at the desk, and once modified, America: approximately 131,000 on any given Director, National Legislative Service. the McCain amendment No. 2776 be night, which represents between one-fourth Mr. JOHNSON. Mr. President, ac- withdrawn, the Inouye amendment, as and one-fifth of all homeless people. Conver- cording to the VA, there are 131,000 modified, be agreed to, and the motion gent sources estimate that between 23 and 40 homeless vets on any given night. This to reconsider be laid upon the table; percent of homeless adults are veterans. The further, that an Inouye-Levin colloquy U.S. Department of Veterans Affairs esti- is shameful. This amendment will mates that over the course of the year, allow the VA to put to good use build- be inserted in the RECORD upon the 336,627 veterans experience homelessness. ings on VHA campuses currently sit- adoption of the amendment; that after Community organizations around the ting empty. It would allow private and the first vote in any sequence of votes country are eager to assist homeless vet- nonprivate groups to operate homeless today, the remaining votes be 10 min- erans achieve stability, but a shortage of vet shelters in close proximity to the utes in duration; and that prior to the capital, operating and supportive services medical and mental health services vote on passage of H.R. 3082, each man- funding restricts the amount of good work ager control 2 minutes; provided fur- they can do. The allocation provided in your these vets need in order to rebuild amendment will help provide critical capital their lives. ther, that the other provisions of the funding for housing homeless veterans on VA I urge my colleagues to support this November 16 order remain in effect. campuses. We also commend the Commit- amendment. The PRESIDING OFFICER. Is there tee’s proposed funding for the HUD–VASH Mr. President, I yield to Senator objection? program, the Grant and Per Diem program HUTCHISON for any remarks she has. The Senator from Texas. and for homeless prevention. Combined, The PRESIDING OFFICER. The Sen- Mrs. HUTCHISON. Mr. President, I these investments will allow the Department ator from Texas. wish to ask the Senator if we could to increase its efforts to ensure every vet- Mrs. HUTCHISON. Mr. President, I voice vote Senator COCHRAN before we eran has a safe place to sleep and call home. We are heartened by the Administration’s thank Senator JOHNSON. take up the record vote we will take on stated commitment to zero tolerance for vet- We have worked very well to accom- Senator JOHNSON’s amendment. erans’ homelessness and strong Congres- modate the requests of our colleagues Mr. JOHNSON. That would be very sional support for programs that will help to the extent we could. We will have good. accomplish this goal. While the funding allo- the first vote on his amendment. I am Mrs. HUTCHISON. I have no objec- cated by your amendment is an important going to support Senator JOHNSON’s tion. contribution to fight against homelessness, amendment on homeless veterans. Sec- The PRESIDING OFFICER. With we encourage your leadership in doing even retary Gates and Secretary Shinseki more to provide safe and affordable housing that qualification, without objection, for all the men and women who wore the uni- are at this very moment practically it is so ordered. form. working on a way to better accommo- The amendment (No. 2754), as modi- Sincerely, date veterans who are homeless. It is fied, is as follows: Corporation for Supportive Housing. not right for there ever to be a home- AMENDMENT NO. 2754, AS MODIFIED AMVETS. less veteran in our country because Common Ground. every one of them has done so much to On page 27, between lines 3 and 4, insert Disabled American Veterans. the following: protect our freedom. Iraq and Afghanistan Veterans of America. SEC. 128. (a)(1) The amount appropriated or Jewish War Veterans of the USA. We do have $500 million in the bill. otherwise made available by this title under National Alliance to End Homelessness. This would take $50 million that the the heading ‘‘MILITARY CONSTRUCTION, DE- National Association of Black Veterans. Department says they do not need for FENSE-WIDE’’ is hereby increased by National Coalition for Homeless Veterans. National Health Care for the Homeless other housing assistance for veterans $68,500,000, with the amount of such increase Council. and put it into the homeless sector so to remain available until September 30, 2014. National Law Center on Homelessness and there can be a concerted effort to build (2) Of the amount appropriated or other- Poverty. facilities that would give care, as well wise made available by this title under the National Leased Housing Association. as shelter, to these veterans. I support heading ‘‘MILITARY CONSTRUCTION, DEFENSE- WIDE’’, as increased by paragraph (1), National Policy and Advocacy Council on that. Homelessness. $68,500,000 shall be available for the construc- Paralyzed Veterans of America. I hope in conference we will be able tion of an Aegis Ashore Test Facility at the Vietnam Veterans of America. to consolidate all of this into a pro- Pacific Missile Range Facility, Hawaii. gram that will meet the needs of our (b) Of the amount appropriated or other- VETERANS OF FOREIGN WARS veterans. wise made available by title I of the Military OF THE UNITED STATES, It has been great working on this Construction and Veterans Affairs Appro- Washington, DC, November 13, 2009. bill. I am very pleased we could do it priations Act, 2009 (division E of Public Law Hon. TIM JOHNSON, today rather than last week when so 110–329; 122 Stat. 3692) under the heading U.S. Senate, many of us in the Senate were at Fort ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ Washington, DC. and available for the purpose of European DEAR CONGRESSMAN JOHNSON: On behalf of Hood trying to show the great respect Ballistic Missile Defense program construc- the 2.2 million members of the Veterans of and sympathy for the community at tion, $69,500,000 is hereby rescinded. Fort Hood and for all of our armed Foreign Wars of the United States and our The amendment (No. 2754), as modi- Auxiliaries, I would like to offer our support services, which meant we had to delay fied, was agreed to. for SA 2733, the Military Construction, Vet- the bill from last Tuesday to this Tues- erans Affairs and Related Appropriations day. I think that was the right thing to EUROPEAN MISSILE DEFENSE Act. do. I thank my colleague. Mr. INOUYE. Mr. President, I rise to Your important amendment would provide engage in a colloquy with Senator $50,000,000 to VA for the construction of I thank our great staffs who worked LEVIN, chairman of the Armed Services housing with supportive services for home- all this week to clear amendments. To less veterans. This construction would take the extent we could, I think we have Committee to discuss amendment No. unused VA buildings and convert them into certainly accommodated our other col- 2754, which has been cosponsored by housing for our homeless veterans. leagues in the Senate for their prior- Senators JOHNSON and COCHRAN, to re- Your important amendment provides hous- ities. allocate unobligated fiscal year 2009 ing and supportive services, two crucial Mr. President, I yield the floor. military construction funding to sup- things that our homeless veterans des- The PRESIDING OFFICER. The Sen- port President Obama’s new European perately need. A man or woman who has self- missile defense plan. lessly served in the armed forces should ator from South Dakota. never have to sleep on the streets of the Mr. JOHNSON. Mr. President, I ask Mr. LEVIN. I would be pleased to country they fought for. Your legislation unanimous consent that the vote se- enter into a colloquy with the distin- looks to address this tragedy in our country quence prior to the caucus recess pe- guished chairman of the Appropria- and we applaud your efforts. riod, with respect to amendments re- tions Committee.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11405 Mr. INOUYE. I thank the chairman. would expect that the preliminary na- Mr. JOHNSON. Mr. President, I ask Funding was appropriated in last ture of the current funding request unanimous consent that the order for year’s MILCON/VA appropriations bill would mature in time to support a the quorum call be rescinded. for the European missile defense sites timely authorization. The PRESIDING OFFICER. Without but now can no longer be spent. This Mr. INOUYE. I understand that the objection, it is so ordered. amendment will enable the Missile De- chairman intends to introduce a sepa- AMENDMENT NO. 2733 fense Agency to meet the President’s rate authorization bill for this project Mr. JOHNSON. Mr. President, I ask timelines for defending Europe and the that will precede the normal fiscal for the yeas and nays on the Johnson United States sooner against Iranian year 2011 national Defense authoriza- amendment. missiles. In order to meet the timelines tion bill process. The PRESIDING OFFICER. Is there a set out by the President to deploy a ca- Mr. LEVIN. That is correct. I will in- sufficient second? pability in Europe in the 2015 time- troduce a separate bill today along There is a sufficient second. frame, General O’Reilly, Director of with Senator MCCAIN. The committee If all time is yielded back, the ques- the Missile Defense Agency, MDA, has will expedite consideration of this bill tion is on agreeing to the amendment. requested the Congress support the use provided that we can get the normal The clerk will call the roll. of $68.5 million to construct an AEGIS assurances that the project is sup- The assistant legislative clerk called Ashore Test Facility at the Pacific ported by the Secretary of Defense and the roll. Missile Range Facility in Hawaii. The that the proposed construction costs Mr. DURBIN. I announce that the funding would come from the now and timelines are accurate and up to Senator from West Virginia (Mr. BYRD) unneeded funds for the two sites in Eu- the standards we would normally ex- is necessarily absent. rope. pect in a similar MILCON project re- The PRESIDING OFFICER. Are there Mr. LEVIN. I want the chairman to quest. any other Senators in the Chamber de- know that I am also fully supportive of AMENDMENT NO. 2763 TO AMENDMENT NO. 2730 siring to vote? The result was announced—yeas 98, the administration’s new approach to Mr. JOHNSON. Mr. President, I un- nays 1, as follows: defending Europe from the threat of derstand there is no objection to the shorter range Iranian missiles based on Cochran amendment No. 2763. There- [Rollcall Vote No. 346 Leg.] YEAS—98 the standard missile–3 both on ships fore, on behalf of Senator COCHRAN, I and ashore, as well as the use of fiscal call up his amendment and ask that Akaka Feingold Menendez year 2009 funding that is no longer re- the amendment be considered and Alexander Feinstein Merkley Barrasso Franken Mikulski quired for this purpose. agreed to and the motion to reconsider Mr. INOUYE. This amendment re- Baucus Gillibrand Murkowski be laid upon the table. Bayh Graham Murray sponds to that request from MDA, but The PRESIDING OFFICER. The Begich Grassley Nelson (NE) Bennet Gregg was originally offered with some res- clerk will report. Nelson (FL) ervation because it would circumvent Bennett Hagan Pryor The assistant legislative clerk read Bingaman Harkin the normal order of business in the Reed as follows: Bond Hatch Reid Senate. Under ordinary circumstances Boxer Hutchison Risch The Senator from South Dakota [Mr. Brown Inhofe this project should have been author- Roberts JOHNSON], for Mr. COCHRAN, proposes an Brownback Inouye Rockefeller ized in the fiscal year 2010 National De- amendment numbered 2763 to amendment Bunning Isakson Sanders fense Authorization Act and then ap- Burr Johanns No. 2730. Schumer Burris Johnson propriated in the Military Construc- Sessions The amendment is as follows: Cantwell Kaufman tion bill. But, President Obama only Shaheen AMENDMENT NO. 2763 Cardin Kerry publicly announced his European mis- Shelby (Purpose: To provide for the modification of Carper Kirk sile defense strategy on September 17 Casey Klobuchar Snowe a restriction of alienation of certain real of this year. This announcement came Chambliss Kohl Specter property in Gulfport, Mississippi) Cochran Kyl Stabenow well after the House and Senate Armed At the end of title II, add the following: Collins Landrieu Tester Thune Services Committees began the con- SEC. 229. (a) MODIFICATION ON RESTRICTION Conrad Lautenberg Udall (CO) ference negotiation process. In order to OF ALIENATION OF CERTAIN REAL PROPERTY IN Corker Leahy Cornyn LeMieux Udall (NM) implement the President’s new plan, GULFPORT, MISSISSIPPI.—Section 2703(b) of Crapo Levin Vitter General O’Reilly made the request to the Emergency Supplemental Appropriations DeMint Lieberman Voinovich Congress for an AEGIS Ashore Test Fa- Act for Defense, the Global War on Terror, Dodd Lincoln Warner cility on October 7, the same day that and Hurricane Recovery, 2006 (Public Law Dorgan Lugar Webb the House and Senate completed the 109–234; 120 Stat. 469), as amended by section Durbin McCain Whitehouse 231 of the Military Construction and Vet- Ensign McCaskill Wicker conference agreement on the Defense erans Affairs and Related Agencies Appro- Enzi McConnell Wyden authorization bill. The conferees were priations Act, 2009 (division E of Public Law NAYS—1 not able to consider this late request 110–329; 122 Stat. 3713), is further amended by Coburn from the administration. Thus, an inserting after ‘‘the City of Gulfport’’ the amendment on the fiscal year 2010 following: ‘‘, or its urban renewal agency,’’. NOT VOTING—1 Military Construction appropriations (b) MEMORIALIZATION OF MODIFICATION.— Byrd bill was the best path to get the facil- The Secretary of Veterans Affairs shall take The amendment (No. 2733) was agreed ity started in order to meet the admin- appropriate actions to modify the quitclaim deeds executed to effectuate the conveyance to. istration’s timelines. authorized by section 2703 of the Emergency Mr. JOHNSON. Mr. President, I move Mr. LEVIN. While I agree that the Supplemental Appropriations Act for De- to reconsider the vote. funding previously authorized and ap- fense, the Global War on Terror, and Hurri- Mr. CARDIN. I move to lay that mo- propriated for the European sites in fis- cane Recovery, 2006 in order to accurately tion on the table. cal year 2009 should be the source of reflect and memorialize the amendment The motion to lay on the table was funding for this project, I also feel that made by subsection (a). agreed to. the project should be vetted in a man- The PRESIDING OFFICER. Without AMENDMENT NO. 2748, AS MODIFIED ner similar to any other MILCON re- objection, the amendment is agreed to The PRESIDING OFFICER. The Sen- quest. I believe we also have the time and the motion to reconsider is laid ator from Wisconsin. to authorize the project. As I under- upon the table. Mr. FEINGOLD. I ask unanimous stand the current timeline the Missile The amendment (No. 2763) was agreed consent that my amendment be modi- Defense Agency has sufficient planning to. fied with the modifications I send to and design funding to initiate design of Mr. JOHNSON. Mr. President, I sug- the desk. the project and also has sufficient gest the absence of a quorum. The PRESIDING OFFICER. Without funding to begin the required environ- The PRESIDING OFFICER. The objection, the amendment is so modi- mental work. It is also my under- clerk will call the roll. fied. standing that construction won’t actu- The assistant legislative clerk pro- The amendment, as modified, is as ally begin until late summer of 2010. I ceeded to call the roll. follows:

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11406 CONGRESSIONAL RECORD — SENATE November 17, 2009 On page 52, after line 21, add the following: The PRESIDING OFFICER. Without AMENDMENT NO. 2775, AS MODIFIED SEC. 229. Of the amounts appropriated or objection, it is so ordered. (Purpose: To require a study on the capacity otherwise made available by this title, the Mr. JOHNSON. Mr. President, I note of the Department of Veterans Affairs to Secretary shall award $5,000,000 in competi- that the second vote has been voiced, address combat stress in women veterans) tively-awarded grants to State and local gov- At the end of title II, add the following: ernment entities or their designees with a and so Members are free to leave. The PRESIDING OFFICER. The Sen- SEC. 229. (a) STUDY ON CAPACITY OF DE- demonstrated record of serving veterans to PARTMENT OF VETERANS AFFAIRS TO ADDRESS conduct outreach to ensure that veterans in ator from Texas. Mrs. HUTCHISON. Mr. President, we COMBAT STRESS IN WOMEN VETERANS.—The under-served areas receive the care and bene- Inspector General of the Department of Vet- fits for which they are eligible. are working on the managers’ package, erans Affairs shall carry out a study to as- Mr. FEINGOLD. Mr. President, I un- and probably in the next 15 minutes we sess the capacity of the Department of Vet- derstand the amendment will now be will clear what has been cleared for the erans Affairs to address combat stress in accepted. managers’ package. There are a couple women veterans. of people working with objections. But (b) ELEMENTS.—In carrying out the study Mr. JOHNSON. It is accepted. required by subsection (a), the Inspector The PRESIDING OFFICER. The by 12:15, we will clear the managers’ package so that following that, in ac- General shall consider the following: question is on agreeing to the amend- (1) Whether women veterans are properly ment. cordance with the previous unanimous evaluated by the Department for post-trau- The amendment (No. 2748), as modi- consent agreement, at 2:15 we will vote matic stress disorder (PTSD), military-re- fied, was agreed to. on the Inhofe amendment, after which lated sexual trauma, traumatic brain injury Mr. JOHNSON. Mr. President, I move we will then vote on final passage. So (TBI), and other combat-related conditions. to reconsider the vote. we will have two votes starting at 2:15, (2) Whether women veterans with combat Mr. LEAHY. I move to lay that mo- and the second vote will be the final stress are being properly adjudicated as serv- ice-connected disabled by the Department tion on the table. vote on Veterans Affairs-Military Con- struction. for purposes of veterans disability benefits The motion to lay on the table was for combat stress. agreed to. I yield the floor. (3) Whether the Veterans Benefits Admin- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mrs. istration has developed and disseminated to ator from Texas. GILLIBRAND). The Senator from Mary- personnel who adjudicate disability claims land. AMENDMENT NO. 2763 reference materials that thoroughly and ef- Ms. MIKULSKI. Madam President, I fectively address the management of claims Mrs. HUTCHISON. Mr. President, to ask unanimous consent to speak as in of women veterans involving military-re- comply with rule XLIV, I ask unani- morning business for the purposes of lated sexual trauma. mous consent to have printed in the introducing a very poignant bill. (4) The feasability and advisability of re- RECORD a letter from Senator COCHRAN The PRESIDING OFFICER. Without quiring training and testing on military-re- in relation to his amendment. objection, it is so ordered. lated sexual trauma matters as part of a cer- tification of Veterans Benefits Administra- The PRESIDING OFFICER. Without (The remarks of Ms. MIKULSKI per- objection, it is so ordered. tion personnel who adjudicate disability taining to the introduction of S. 2781 claims involving post-traumatic stress dis- There being no objection, the mate- are printed in today’s RECORD under rial was ordered to be printed in the order. ‘‘Statements on Introduced Bills and (5) Such other matters as the Inspector RECORD, as follows: Joint Resolutions.’’) General considers appropriate. U.S. SENATE, Ms. MIKULSKI. I yield the floor and (c) REPORTS.— Washington, DC, November 5, 2009. suggest the absence of a quorum. (1) INTERIM REPORT.—Not later than 180 Hon. DANIEL INOUYE, The PRESIDING OFFICER. The days after the date of the enactment of this Chairman, Committee on Appropriations, U.S. clerk will call the roll. Act, the Inspector General shall submit to Senate, Washington, DC. The bill clerk proceeded to call the the Secretary of Veterans Affairs, and to the DEAR DAN: In my letter to Senators John- appropriate committees of Congress, a report son and Hutchison dated May 21, 2009, re- roll. setting forth the plan of the Inspector Gen- garding the Fiscal Year 2010 Military Con- Mr. JOHNSON. Madam President, I eral for the study required by subsection (a), struction, Veterans Administration, and Re- ask unanimous consent that the order together with such interim findings as the lated Agencies Appropriations Bill, it was for the quorum call be rescinded. Inspector General has made as of the date of my intent that the item titled ‘‘Aircraft The PRESIDING OFFICER. Without the report as a result of the study. Maintenance Administration Facility’’ read objection, it is so ordered. (2) FINAL REPORT.—Not later than one year as follows: AMENDMENTS NOS. 2775, AS MODIFIED; 2777; AND after the date of the enactment of this Act, Name: Aircraft Fuel Systems Maintenance 2783, AS MODIFIED the Inspector General shall submit to the Facility Mr. JOHNSON. Madam President, we Secretary, and Congress, then the Secretary Location: Columbus Air Force Base, MS have agreed to a final group of amend- shall make recommendations for legislative Purpose: To provide adequate facilities for or administrative action. aircraft fuel systems maintenance, con- ments in a managers’ package. (3) APPROPRIATE COMMITTEES OF CONGRESS forming with applicable safety and environ- I ask unanimous consent that the fol- DEFINED.—In this subsection, the term ‘‘ap- mental standards. ($10,000,000) lowing amendments be called up en propriate committees of Congress’’ means— I certify that neither I nor my immediate bloc and that the amendments be con- (A) the Committees on Appropriations and family has pecuniary interest in the congres- sidered and agreed to and, if modified, Veterans’ Affairs of the Senate; and sionally directed spending item that I have that the amendment as modified be (B) the Committees on Appropriations and requested, consistent with the requirements agreed to and the motions to recon- Veterans’ Affairs of the House of Representa- of paragraph 9 of Rule XLIV of the Standing sider be laid upon the table en bloc: tives. Rules of the Senate. I also certify that I have AMENDMENT NO. 2777 posted this request on my website. Amendment No. 2775, to be modified; amendment No. 2777; and amendment (Purpose: To require a study to identify the Please feel free to call on me if you have improvements to the information tech- any questions about this request. Adam No. 2783, to be modified. The PRESIDING OFFICER. Without nology infrastructure of the Department of Telle, a member of my staff, is also available Veterans Affairs that are required to fur- as the committee staff considers this issue. objection, it is so ordered. nish health care services to veterans using Thank you for your consideration. Mrs. HUTCHISON. Madam President, telehealth platforms) Sincerely, I have no objections to those amend- On page 52, after line 21, add the following: THAD COCHRAN, ments. I want to clarify that for SEC. 229. (a) STUDY ON IMPROVEMENTS TO IN- U.S. Senator. amendment No. 2775, the modifications FORMATION TECHNOLOGY INFRASTRUCTURE Mrs. HUTCHISON. I thank the Chair are at the desk. The same goes for NEEDED TO FURNISH HEALTH CARE SERVICES and suggest the absence of a quorum. amendment No. 2783; am I correct? TO VETERANS USING TELEHEALTH PLAT- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- FORMS.—The Secretary of Veterans Affairs clerk will call the roll. ator is correct. shall carry out a study to identify the im- The bill clerk proceeded to call the Mrs. HUTCHISON. Again, I have no provements to the infrastructure of the De- roll. partment of Veterans Affairs that are re- objection. quired to furnish health care services to vet- Mr. JOHNSON. Mr. President, I ask The amendments (No. 2775, as modi- erans using telehealth platforms. unanimous consent that the order for fied; No. 2777; and No. 2783, as modified) (b) AVAILABILITY OF FUNDS.—The amounts the quorum call be rescinded. were agreed to, as follows: appropriated or otherwise made available by

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11407 this title under the headings ‘‘DEPART- Mr. LEAHY. Mr. President, the any facility in order to securely house MENTAL ADMINISTRATION’’ and ‘‘INFORMATION amendment sponsored by Senator these detainees. I will ask that a copy TECHNOLOGY SYSTEMS’’ shall be available to INHOFE is one of a series of amend- of the administration’s letter be print- the Secretary of Veterans Affairs to carry ments that have recently been offered ed in the RECORD. out the study required by subsection (a). in the Senate that would put political Again, this week, joined by Secretary AMENDMENT NO. 2783, AS MODIFIED interests ahead of our national inter- Napolitano, Attorney General Holder (Purpose: To make available from Medical ests. This amendment would prohibit and Secretary Gates wrote to the Sen- Services, $1,000,000 for education debt re- any funds from being used to construct ate in opposition, this time to the duction for mental health care profes- sionals who agree to employment at the or modify any facility in the United Inhofe amendment we consider today. I Department of Veterans Affairs) States to hold any individual who is will ask that the administration’s let- On page 52, after line 21, add the following: currently being held at the Guanta- ter be printed in the RECORD. SEC. 229. Of the amounts appropriated or namo Bay detention facility. Instead of closing Guantanamo and otherwise made available by this title under This goal of this amendment is to en- moving toward a lawful and effective the headings ‘‘VETERANS HEALTH ADMINIS- sure that the detainees being held at national security policy, this amend- TRATION’’ and ‘‘MEDICAL SERVICES’’, $1,000,000 Guantanamo Bay, some for years with- ment would say to the world that we may be available for education debt reduc- out charge, cannot be tried in our Fed- refuse to face what we did at Guanta- tion under subchapter VII of chapter 76 of eral courts and that the detention fa- namo and instead would continue the title 38, United States Code, for mental cility at Guantanamo Bay cannot legacy of a place that was created in an health care professionals who agree to em- close. This is harmful to our national ployment at the Department of Veterans Af- effort to lock people up for years with- fairs. security and devastating to our reputa- out charge and not face the con- tion as a model justice system f sequences. This amendment would say throughout the world. As a former to the world that we are not strong RECESS prosecutor, I find it deeply troubling enough, that our over 200-year-old su- The PRESIDING OFFICER. Under that the Senate would be asked to pro- perior legal tradition is not flexible the previous order, the Senate stands hibit the administration from trying enough, to allow us to deal with those in recess until 2:15 p.m. even dangerous terrorists in our Fed- who attack us. Refusing to close Guan- Thereupon, the Senate, at 12:34 p.m., eral courts. As a Senator, I find it tanamo also means we lose our ability recessed and reassembled at 2:15 p.m. shameful that Congress is being asked to respond with moral authority if when called to order by the Presiding to help keep open a facility that has other countries should mistreat Amer- Officer (Mr. CARPER). been a stain on our reputation ican soldiers or civilians. f throughout the world and has given Much debate has focused on keeping ammunition to our enemies. GEN Colin Guantanamo detainees out of the MILITARY CONSTRUCTION, VET- Powell was correct when he said, United States. In this debate, political ERANS AFFAIRS, AND RELATED ‘‘Guantanamo has become a major rhetoric has entirely drowned out rea- AGENCIES APPROPRIATIONS problem for America’s perception as son and reality. Our criminal justice ACT, 2010—Continued it’s seen; the way the world perceives system handles extremely dangerous AMENDMENT NO. 2774 America.’’ criminals, and more than a few terror- The PRESIDING OFFICER. Under President Obama addressed that ists, and it does so safely and effec- the previous order, there will now be 5 problem in the first days of his Presi- tively. We try very dangerous people in minutes of debate, equally divided, on dency by announcing that he would our courts and hold very dangerous amendment No. 2774, offered by the close Guantanamo Bay, and he has af- people in our jails throughout the Senator from Oklahoma, Mr. INHOFE. firmed that commitment by announc- country. I know; I put some of them Who seeks recognition? The Senator ing that the administration will have a there. We do it every day in ways that from Michigan is recognized. preference for trying detainees in our keep the American people safe and se- Mr. LEVIN. Mr. President, I yield proven Federal courts. Just last week, cure, and I have absolute confidence myself 1 minute. the Attorney General announced that, that we can do it for even the most The Inhofe amendment would actu- in consultation with the Secretary of dangerous terrorism suspects. ally make us less secure by restricting Defense, the U.S. Government will The facts speak for themselves. The our ability to improve security at fa- begin to move toward federal criminal Judiciary Committee has held several cilities that house detainees who have trials against five of these detainees, hearings on the issue of how to best been transferred from Guantanamo to including Khalid Sheikh Mohammed. I handle detainees, and experts and the United States for their trials. Our have supported President Obama and judges from across the political spec- communities will be less safe because the Attorney General in these steps, trum have agreed that our courts and money cannot be spent to make more and I will continue to do so. That is our criminal justice system can handle secure the places where these detainees why I have voted against amendments this challenge and indeed has handled are being kept. It seems to me this is that would withhold funding to close it many times already. Since January kind of a ‘‘cutting off your nose to the Guantanamo detention facility and of this year alone over 30 terrorism spite your face’’ approach. Regardless prohibit any Guantanamo detainees cases have been either successfully of how people voted on whether we from being brought to the United tried or sentenced using our Federal should have trials in the United States, States. These amendments undermine courts. No one has ever escaped from a the decision has been made that there the good work the President is doing, Supermax facility. In fact terrorists are going to be trials in the United and they make us less safe, not safer. are routinely and securely held at our States. There already have been trials Two weeks ago, the Senate defeated prisons, including Zacharias Moussaoi, in the United States. There are detain- another amendment that would have one of the plotters behind the Sep- ees who are awaiting trial in the restricted the authority and the op- tember 11 attacks and Ramzi Yousef, United States. It would seem to me it tions of our military and law enforce- the World Trade Center bomber. is in everybody’s interest that the ment. Secretary Gates and Attorney Why would the Senate pass an places where these detainees are being General Holder sent us a joint letter amendment that suggests that our kept should be as secure as possible. It opposing that amendment. They re- country and the brave men and women makes no sense, regardless of what minded us that we should not prohibit who staff these prisons cannot handle one’s position is on the question of the Government from being able to these prisoners, or that they are not up where the trial should be held, not to ‘‘use every lawful instrument of na- to the task? And why would we pass have them kept in the most secure pos- tional power . . . to ensure that terror- an amendment that simultaneously sible facilities. ists are brought to justice and can no makes it harder for the government to I hope the Inhofe amendment is de- longer threaten American lives.’’ That securely detain terrorism suspects in feated. It is counterproductive, no mat- is exactly what this amendment would our prisons by making any necessary ter what position one takes on the lo- do by tying the administration’s hands adjustments to hold them? This cation of trials. in the event that they need to upgrade amendment would ironically

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11408 CONGRESSIONAL RECORD — SENATE November 17, 2009 make us less safe by making our pris- NOVEMBER 17, 2009. the last shot you have at it. We have ons less secure. This is playing games Hon. HARRY REID, the Inouye-Inhofe amendment already with national security. Majority Leader, U.S. Senate, passed in the Defense authorization It is not only President Obama who Washington, DC. bill, but it is in conference. We do not Hon. MITCH MCCONNELL, know whether it will come out. This is believes that closing Guantanamo will Minority Leader, U.S. Senate, make us a more secure and honorable Washington, DC. the second shot we have to try to keep nation. I agree with the conviction ex- DEAR SENATORS REID AND MCCONNELL: We terrorists from coming into the United pressed by Senator GRAHAM and Sen- write to oppose Senator Inhofe’s amendment States. ator MCCAIN who said, ‘‘[w]e support (No. 2774) to H.R. 3082, the Military Construc- I retain the remainder of my time. President Obama’s decision to close the tion, Department of Veterans Affairs, and The PRESIDING OFFICER. Who Related Agencies Appropriations Act for Fis- seeks recognition? The Senator from prison at Guantanamo, reaffirm Amer- cal Year 2010. This amendment would pro- ica’s adherence to the Geneva Conven- hibit the use of funds appropriated or other- Virginia is recognized. tions, and begin a process that will, we wise made available in H.R. 3082 to ‘‘con- Mr. WEBB. Mr. President, I would hope, lead to the resolution of all cases struct or modify a facility or facilities in the like to speak quickly in opposition to of Guantanamo detainees.’’ United States or its territories to perma- this amendment. It is time to act on our principles and nently or temporarily hold any individual It has been my strong belief— who was detained as of October 1, 2009, at our constitutional system. It is time to Mrs. HUTCHISON. Is the Senator Naval Station, Guantanamo Bay, Cuba.’’ 1 close Guantanamo and try and convict Like the President and numerous others, from Virginia speaking on the 2 ⁄2 min- those who seek to do us harm. Where both Republicans and Democrats, we are utes of the majority? the administration decides to try them convinced that closing the Guantanamo Bay Mr. WEBB. That is correct. It has in Federal courts, our courts and our detention center is in the national security been my strong belief that individuals prisons are more than up to the task. interests of the United States. Al Qaeda has who were charged with international repeatedly used the existence of the facility terrorism should be classified as enemy Mr. President, I ask unanimous con- as a recruitment tool. We are convinced that sent to have printed in the RECORD a as long as the Guantanamo Bay detention combatants, and I stated many times I copy of the administration’s letter to center remains open, our enemies will con- do not believe they belong in our coun- which I referred. tinue to exploit its existence for this pur- try. They don’t belong in our courts. pose. They don’t belong in our prisons. At There being no objection, the mate- We acknowledge that closing Guantanamo rial was ordered to be printed in the the same time, I recognize that the has proven difficult, but that is not a reason President retains the constitutional RECORD, as follows: for the Congress to preclude this important national security objective. At present, we authority to bring charges against OCTOBER 30, 2009. these individuals in article III courts. Hon. HARRY REID, are making progress toward this goal. An Majority Leader, U.S. Senate, interagency team is assessing the suitability The Graham amendment did resolve Washington, DC. of a maximum security prison in Thomson, that issue in terms of their transfer to Hon. MITCH MCCONNELL, Illinois, to serve as a detention center for U.S. soil. Minority Leader, U.S. Senate, certain Guantanamo Bay detainees who may This amendment, unfortunately, Washington, DC. be transferred to the United States. On Fri- would not address that issue. It pro- day, the Department of Justice announced DEAR SENATORS REID AND MCCONNELL: We hibits appropriation of funds to modify that it will prosecute the alleged 9/11 con- write to oppose the amendment proposed by spirators in federal court, while the Depart- facilities in the United States in order Senator Graham (on behalf of himself and ment of Defense will resume other cases to hold such individuals. I believe that Senators McCain and Lieberman) to H.R. against those allegedly responsible for the would prevent law enforcement offi- 2847, the Commerce, Justice, Science, and USS Cole bombing and other acts of ter- cials from taking the steps that are Related Agencies Appropriations Act of 2010. rorism in military commissions, which have This amendment would prohibit the use of necessary to improve security in our been reformed as a result of the bipartisan Department of Justice funds ‘‘to commence local communities and that it would passage of the Military Commissions Act of or continue the prosecution in an Article III put our security at risk. It is for this 2009. court of the United States of an individual We need to get on with the work of enhanc- reason I oppose the amendment and I suspected of planning, authorizing, orga- ing our national security by finally closing yield the floor. nizing, committing, or aiding the attacks on the Guantanamo Bay detention center. The The PRESIDING OFFICER. The mi- the United States and its citizens that oc- Inhofe amendment would have the opposite nority has 9 minutes 30 seconds re- curred on September 11, 2001.’’ effect and would likely prevent further maining, the majority has about 25 sec- As you know, both the Department of Jus- progress on this important issue. We ask onds remaining. tice (in Article III courts) and the Depart- that you join us in opposing the Inhofe Mr. INHOFE. Let me repeat. We have ment of Defense (in military commissions, amendment. reformed under the 2010 National Defense ERIC H. HOLDER, Jr. voted on this amendment before. We Authorization Act) have responsibility for ROBERT M. GATES. voted three different times. This was prosecuting alleged terrorists. Pursuant to a JANET NAPOLITANO. actually structured as the Inouye- joint prosecution protocol, our departments I yield the floor. Inhofe amendment once and the Inhofe- are currently engaged in a careful case-by- The PRESIDING OFFICER. Who Inouye amendment once. It has passed case evaluation of the cases of Guantanamo seeks recognition? The Senator from overwhelmingly. This is the only way detainees who have been referred for possible prosecution, to determine whether they Oklahoma is recognized. we can see that we can assure we are should be prosecuted in an Article III court Mr. INHOFE. Mr. President, inquiry. not going to have those individuals or by military commission. We are confident Is this the final argument before the who are now at Gitmo in the United that the forum selection decisions that are vote on the Inhofe amendment? States. I think we have discussed this made pursuant to this process will best serve The PRESIDING OFFICER. Yes; the several times. I strongly support this our national security interests. Senator has 21⁄2 minutes remaining. amendment. Mr. INHOFE. Mr. President, this We believe that it would be unwise, and The PRESIDING OFFICER. The Sen- amendment has been here three times would set a dangerous precedent, for Con- ator from Texas is recognized. before. In fact, this amendment has gress to restrict the discretion of either de- Mrs. HUTCHISON. Mr. President, partment to fund particular prosecutions. been supported with over 90 votes each how much time is remaining? The exercise of prosecutorial discretion has time it came through. Unfortunately, The PRESIDING OFFICER. There re- always been and should remain an Executive once one of the bills went into con- mains 56 seconds. Branch function. We must be in a position to ference, it was taken out. They re- use every lawful instrument of national Mrs. HUTCHISON. Mr. President, I placed it with a 45-day provision. power—including both courts and military What this does—it is a one-sentence wish to speak in favor of the amend- commissions—to ensure that terrorists are ment. I do not think these prisoners brought to justice and can no longer threat- amendment, very easy to understand. It says: from Guantanamo Bay should be in our en American lives. country. I think we should stand firm, For these reasons, we respectfully request None of the funds appropriated or other- that you oppose this amendment. wise made available by this Act may be used we should stand clear that this Senate, ROBERT M. GATES, to construct or modify a facility or facilities as we have voted before, does not want Secretary of Defense. in the United States [to house terrorists]. prisoners from Guantanamo Bay trans- ERIC H. HOLDER, Jr., If you want terrorists here, then vote ferred to American soil. It will be a se- Attorney General. against this amendment. This may be curity risk to America. We do not need

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11409 to do it. This would be a way to stop Mr. FEINGOLD. Mr. President, I with the goal of eliminating homeless- this and do what is right for our coun- voted against the amendment offered ness. Much progress has been made, but try; that is, keep these prisoners where by Senator INHOFE, No. 2774. It is time we can do better. they are secure, away from any ability for Congress to allow the administra- My amendment targets two specific to harm America. I urge a vote for the tion to work toward the goal that so areas within VA’s medical care budget Inhofe amendment. many of us support: closing the deten- for more funding. The Homeless Pro- The PRESIDING OFFICER. The ma- tion facility at Guantanamo Bay once vider Grant and Per Diem Program of- jority has 23 seconds. and for all. The administration has fers funding to community agencies Mr. DURBIN. Neither the Senator provided its plan to Congress, and has that provide services to homeless vet- from Oklahoma nor the Senator from provided individualized reports on each erans. The purpose of the program is to Texas has addressed the amendment detainee before any transfer occurs. promote the development and provision before us. This is not an amendment While closing Guantanamo may not be of supportive housing and/or supportive about transferring from Guantanamo easy, it is vital to our national secu- services with the goal of helping vet- to the United States. It is about wheth- rity that we close this prison, which is erans achieve and maintain residential er we will spend the money to make a recruiting tool for our enemies. In stability. sure, when these detainees are under particular, I oppose this amendment The supportive services programs trial in the United States, which they because it would prohibit the executive allow veterans who are at risk or who can be legally, they will be held safely. branch from spending money to up- are reentering the workforce to receive The Inhofe amendment precludes the grade security at U.S. detention facili- services that will reduce their likeli- expenditure of funds to improve the se- ties where Guantanamo detainees hood of becoming homeless. Supportive curity of law enforcement facilities to might be held, thereby making the services include health care services; contain these Guantanamo detainees. American people less safe. daily living services, personal financial Mrs. HUTCHISON. Mr. President, if AMENDMENT NO. 2743 planning; transportation services; in- we don’t want to house those prisoners Mr. BURR. Mr. President, I wish to come support services; fiduciary and here, we should not try them here. speak to amendment No. 2743 which representative payee services; legal That is the answer for this. Vote for would reallocate $750,000 from the gen- services; child care; housing coun- the Inhofe amendment. eral operating expense account to fund seling; and other services necessary for The PRESIDING OFFICER. All time programs to end veterans’ homeless- maintaining independent living. has expired. ness, including the Department of Vet- In short, these programs are com- Mr. JOHNSON. I move to table the erans Affairs’ Homeless Provider Grant prehensive and they work. amendment. I ask for the yeas and and Per Diem Program, and VA’s Sup- My original intention was to offer an nays. portive Services Grants Program. amendment that would reallocate The PRESIDING OFFICER. Is there a This money will help more than $43,387,240, on top of the money in this sufficient second? There is a sufficient 131,000 veterans who are homeless on amendment, for homeless programs. second. any given night including the esti- Ten years ago that money was origi- The question is on agreeing to the mated 1,659 homeless veterans in my nally appropriated for the Multifamily motion. home state. Many veterans are consid- Transitional Housing Loan Guarantee The clerk will call the roll. ered homeless or at risk due to their Program. Since that program has been The legislative clerk called the roll. poverty, lack of support systems, and suspended, I believe this money could The result was announced—yeas 57, poor living conditions. be put to a better use. However, the nays 43, as follows: Homeless veterans are comprised of Congressional Budget Office tells me [Rollcall Vote No. 347 Leg.] middle-age and elderly veterans, as that rescinding the $43 million and YEAS—57 well as younger veterans returning spending it on this bill would run afoul Akaka Feinstein Mikulski from Iraq and Afghanistan. The VA has of our budget rules. I will therefore Baucus Franken Murray identified 1,500 homeless veterans who look for another opportunity to put Bayh Gillibrand Nelson (NE) fought during the current wars and of this unused money to a better use in Begich Hagan Nelson (FL) the near future. In the meantime, CBO Bennet Harkin Reed those, only 400 have participated in Bingaman Inouye Reid programs specifically targeting home- has informed me that the amendment Boxer Johnson Rockefeller lessness. is compliant. I thank my colleagues for Brown Kaufman Sanders Sadly, homelessness among the ranks their support of my amendment. Burris Kerry Schumer Byrd Kirk Shaheen of recently separated combat veterans Mrs. BOXER. Mr. President, I am so Cantwell Klobuchar Specter is not a new phenomenon, and their pleased that today the Senate will pass Cardin Kohl Stabenow plight for the Nation’s compassionate the fiscal year 2010 Military Construc- Carper Landrieu Tester tion and Veterans Affairs and Related Casey Lautenberg Udall (CO) assistance is just as strong today as it Conrad Leahy Udall (NM) was centuries ago. According to Todd Agencies Appropriations Act. This leg- Dodd Levin Warner DePastino, a historian at Penn State, islation provides $133.9 billion in crit- Dorgan McCaskill Webb homeless veterans of the post-Civil ical funding to ensure that our Na- Durbin Menendez Whitehouse Feingold Merkley Wyden War era sang old Army songs to drama- tion’s veterans have the care and serv- tize their need for work. ices that they have earned and deserve. NAYS—43 After World War I, thousands of vet- Specifically, it includes for the first Alexander Ensign McCain erans marched and camped in the Na- time advance appropriations for vet- Barrasso Enzi McConnell erans medical services—ensuring that Bennett Graham Murkowski tion’s Capital to express their frustra- Bond Grassley Pryor tion over bonus money. Many of these the Department of Veterans Affairs re- Brownback Gregg Risch veterans were either homeless or at ceives funds in a timely and predict- Bunning Hatch Roberts able manner. It also provides $45 billion Burr Hutchison risk of becoming homeless. Sessions After the Vietnam war, returning for veterans’ health care, including $4.6 Chambliss Inhofe Shelby Coburn Isakson Snowe veterans were faced with serious phys- billion for mental health treatment Cochran Johanns Thune ical, mental, and socio-economic prob- and programs. Collins Kyl Vitter In addition, the bill includes $23.2 bil- Corker LeMieux lems that put them at serious risk of Cornyn Lieberman Voinovich becoming homeless. According to VA lion for military construction and fam- Crapo Lincoln Wicker the number of homeless male and fe- ily housing, including $9.9 million to DeMint Lugar male Vietnam era veterans is greater replace the 144th Squadron’s current The motion was agreed to. than the number of servicemembers operations facilities at Fresno-Yosem- Mr. DURBIN. Mr. President, I move who died during the Vietnam war. ite International Air National Guard to reconsider the vote and to lay that It is important that Congress and VA Base. The squadron currently operates motion on the table. remember the lessons learned from pre- across several outdated facilities that The motion to lay on the table was vious wars. We must work together to are not sufficient for modern day oper- agreed to. prevent homelessness before it begins ations. The facility will ultimately be

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11410 CONGRESSIONAL RECORD — SENATE November 17, 2009 used to house F–15C Eagle aircraft on October 22, 2009. Funding VA health I will be working with Senator BURR squadron operations. F–15Cs are ex- care in advance will go a long way to- in the future to ensure that the pected to arrive at the base in 2012 to ward rectifying the chronic under- unspent money for this program—$43 replace the aging F–16C fleet. The 144th funding of VA health care, which has million—can be used for more active Fighter Wing provides air defense for left so many of the Nation’s veterans homeless programs, such as the Grant California from Oregon to the Mexican with unmet health care needs. and Per Diem Program. border and is vital to the Nation’s se- This bill fully funds VA’s research In closing, I thank Senators JOHNSON curity. programs. The $580 million appropria- and HUTCHISON, the chair and ranking The Senate voted on a number of tion for VHA research represents a $70 member of the Subcommittee on Mili- amendments to this bill that have im- million increase from the fiscal year tary Construction and Veterans Af- portant consequences and I want to 2009 enacted level and an amount equal fairs; Senators INOUYE and COCHRAN, provide some additional information to the budget request. Through these the chair and ranking member of the on two of my votes. funds, VA will be able to pursue tar- Appropriations Committee; and their Last night, the Senate rejected a mo- geted research goals like developing staffs for their hard work in putting tion to send this bill back to the Ap- better prosthetic devices for the young- this bill together and for working to propriations Committee. I joined 68 of er veterans returning from the Iraq and incorporate important veterans-related my colleagues in voting against this Afghanistan wars. VA can continue re- provisions in the package. Addition- motion because I believe that this is a search into conditions like post-trau- ally, I thank the Members who filed strong, bipartisan bill. By sending this matic stress disorder, traumatic brain VA-related amendments who worked bill back to committee, we would be injury, and gulf war Illness. In addi- with the Veterans’ Affairs Committee unfairly asking our Nation’s veterans tion, VA can continue to recruit and to come to agreement on issues that to wait even longer for care. The men retain quality health care providers, as could be addressed in this bill. and women who have served our coun- over three-quarters of VA’s researchers The PRESIDING OFFICER (Mr. also provide direct patient care. try so honorably should not be forced UDALL of Colorado). The substitute, as I am pleased that this bill contains to wait for critical services. amended, is agreed to. an amendment I offered that will ex- And today, the Senate voted to reject The question is on the engrossment an amendment that would prohibit the tend VA’s authority to operate the Ma- nila VA Regional Office. of the amendments and third reading of use of funds in this bill to build or the bill. make security improvements to a facil- Earlier this year, over 60 years after the end of the World War II, surviving The amendments were ordered to be ity in the United States to hold a de- engrossed and the bill to be read a tainee who is transferred here from Filipino World War II veterans finally received a measure of compensation for third time. Guantanamo Bay. What it would have The bill was read the third time. done is prevent the administration their service in the form of a one-time lump sum payment. These past months The PRESIDING OFFICER. The bill from making vital security improve- having been read the third time, the ments to our detention facilities. En- have demonstrated that dispersing these payments has been an enormous question is, Shall the bill pass? suring that detention facilities have Mrs. HUTCHISON. I ask for the yeas the highest possible security is critical challenge, with multiple steps to au- thenticate the service of these World and nays. to our national security and this War II veterans. The PRESIDING OFFICER. Is there a amendment would have restricted that Unfortunately, VA’s authority to op- sufficient second? ability unnecessarily. erate the Manila VA Regional Office There is a sufficient second. Mr. AKAKA. Mr. President, this Mili- will expire on December 31, 2009. There The clerk will call the roll. tary Construction and Veterans Affairs remains much work to be done in order The legislative clerk called the roll. Appropriations Act for 2010 rightfully to continue processing claims and en- The result was announced—yeas 100, prioritizes the health care of the Na- suring these veterans are awarded ben- nays 0, as follows: tion’s wounded warriors by substan- efits they have waited six long decades tially increasing discretionary health [Rollcall Vote No. 348 Leg.] to receive. For this and other purposes, YEAS—100 care spending for fiscal year 2010. This the operational authority of the Ma- Akaka Enzi Menendez bill includes a $45.1 billion appropria- nila Regional Office must be extended. tion for the Veterans Health Adminis- Alexander Feingold Merkley The Manila Regional Office currently Barrasso Feinstein Mikulski tration that will enable VA to treat an administers compensation, pension, vo- Baucus Franken Murkowski estimated 6.1 million patients in 2010, cational rehabilitation and employ- Bayh Gillibrand Murray Begich Graham including $533 million to support the ment, and education benefits to over Nelson (NE) enrollment of 266,000 nondisabled, mod- Bennet Grassley Nelson (FL) 18,000 beneficiaries. In addition, VA Bennett Gregg Pryor est-income veterans. This funding fur- Bingaman Hagan also administers Social Security in the Reed Bond Harkin thers the Administration’s goal of en- Philippines. Keeping this facility fully Reid rolling more than 500,000 of these pre- Boxer Hatch functioning is necessary for these de- Brown Hutchison Risch viously ineligible veterans by 2013. In serving individuals to receive critical Brownback Inhofe Roberts Rockefeller addition to enrolling more veterans of veterans’ benefits as well to carry out Bunning Inouye modest means, this bill provides for Burr Isakson Sanders an integral part of the U.S. mission to Burris Johanns Schumer $440 million to improve the health of the Republic of the Philippines. Byrd Johnson Sessions rural veterans. I extend my deepest thanks to the Cantwell Kaufman Shaheen The 2010 Milcon-VA Appropriations staff of the Manila Regional Office who Cardin Kerry Shelby Act includes a total of $34.7 billion for Carper Kirk Snowe have continued to demonstrate unwav- Casey Klobuchar Specter medical services, $4.8 billion for con- ering dedication to their duty to assist Chambliss Kohl Stabenow struction, and $580 million for medical Filipino World War II veterans and in- Coburn Kyl Tester and prosthetic research. Total discre- deed all veterans who apply for benefits Cochran Landrieu Thune Collins Lautenberg tionary spending will be increased over from VA. Udall (CO) Conrad Leahy Udall (NM) $3.9 billion above the fiscal year 2009 Finally, I mention Senator BURR’s Corker LeMieux Vitter Cornyn Levin enacted level. amendment, included in the underlying Voinovich Crapo Lieberman I am delighted that for the first time bill, that would directly support efforts Warner DeMint Lincoln VA will receive advance appropria- to address homelessness among our Na- Dodd Lugar Webb tions—an additional $48.2 billion in for tion’s veterans. His provisions, of Dorgan McCain Whitehouse fiscal year 2011—for three VA medical which I am a cosponsor, are offset by Durbin McCaskill Wicker Wyden care accounts. This coincides with the funds currently allocated for adminis- Ensign McConnell landmark legislation, Veterans Health trative costs for an existing homeless The bill (H.R. 3082), as amended, was Care Budget Reform and Transparency program that is essentially defunct— passed, as follows: Act of 2009, which was signed into law the Multifamily Transitional Housing (The bill will be printed in a future as Public Law 111–81 by the President Loan Guarantee Program. edition of the RECORD.)

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11411 Mr. JOHNSON. Mr. President, I move Mr. President, let me again thank troversy point by point, debunking to reconsider the vote, and I move to my colleagues. Thank you. those who raised concerns about Judge lay that motion on the table. I yield the floor, and I note the ab- Hamilton, and ended up by noting his The motion to lay on the table was sence of a quorum. 40 years of acquaintance with both the agreed to. The PRESIDING OFFICER. The nominee and his family and his strong The PRESIDING OFFICER. Under clerk will call the roll. support for Judge Hamilton’s nomina- the previous order, the Senate insists The assistant legislative clerk pro- tion. on its amendment, requests a con- ceeded to call the roll. I rise today to speak in favor of the ference with the House, and the Chair The PRESIDING OFFICER. The Sen- nomination of Judge David Hamilton. I appoints the following conferees. ator from Indiana is recognized. join with Senator LUGAR to recommend The Presiding Officer appointed Mr. Mr. BAYH. Mr. President, I ask unan- Judge Hamilton because I know first- JOHNSON, Mr. INOUYE, Ms. LANDRIEU, imous consent that the order for the hand that he is a highly capable lawyer Mr. BYRD, Mrs. MURRAY, Mr. REED, Mr. quorum call be rescinded. who understands the limited role of the NELSON of Nebraska, Mr. PRYOR, Mr. The PRESIDING OFFICER. Without Federal judiciary. LEAHY, Mrs. HUTCHISON, Mr. objection, it is so ordered. In recent days, some of Judge Hamil- BROWNBACK, Mr. MCCONNELL, Ms. COL- f ton’s critics have unfairly character- LINS, Ms. MURKOWSKI, and Mr. COCH- ized his record and even suggested that RAN. EXECUTIVE SESSION his nomination should be filibustered. I Mr. JOHNSON. Mr. President, I note rise today to set the record straight the absence of a quorum. and hope my colleagues will join Sen- The PRESIDING OFFICER. The NOMINATION OF DAVID F. HAM- ator LUGAR and me in supporting this clerk will call the roll. ILTON TO BE UNITED STATES The legislative clerk proceeded to CIRCUIT JUDGE FOR THE SEV- superbly qualified nominee. call the roll. ENTH CIRCUIT—Resumed Before I speak to Judge Hamilton’s The PRESIDING OFFICER. The Sen- qualifications, I wish to briefly com- The PRESIDING OFFICER. Under ment on the state of the judicial con- ator from South Dakota. the previous order, the Senate will pro- Mr. JOHNSON. Mr. President, I ask firmation process generally. In my ceed to executive session to consider unanimous consent that the order for view, this process has too often become the following nomination, which the the quorum call be rescinded. consumed by ideological conflict and The PRESIDING OFFICER. Without clerk will report. partisan acrimony. I believe this is not objection, it is so ordered. The assistant legislative clerk read how the Framers intended us to exer- Mr. JOHNSON. Mr. President, I wish the nomination of David F. Hamilton, cise our responsibility to advise and to thank my colleagues for their help of Indiana, to be United States Circuit consent. in getting this bill completed. It was a Judge for the Seventh Circuit. During the last Congress, I was proud long and slow process, but I am thank- The PRESIDING OFFICER. Under to work with Senator LUGAR to rec- ful we were able to dispose of a major- the previous order, there will now be 60 ommend Judge John Tinder as a bipar- ity of the amendments that were of- minutes of debate divided between the tisan, consensus nominee for the Sev- fered. Senator from Vermont, Mr. LEAHY, and enth Circuit. Judge Tinder was nomi- This is a good bill. It is truly a bipar- the Senator from Alabama, Mr. SES- nated by President Bush and unani- tisan bill and contains some good pro- SIONS. mously confirmed by the Senate by a grams that will help out military men The Senator from Indiana is recog- vote of 93 to 0. and women and our Nation’s vets. The nized. It was my fervent hope Judge Tin- bill provides investments in infrastruc- Mr. BAYH. Mr. President, I wish to der’s confirmation would serve as an ture for our military, including bar- begin by thanking our colleague, example of what could happen when racks and family housing, training and Chairman LEAHY, for his leadership in two Senators from different parties operational facilities, and childcare this area. He has been a model of deco- work together to recommend qualified, and family support centers. In addi- rum and patience, and I am personally nonideological jurists to the Federal tion, it fulfills the Nation’s promise to grateful for his leadership. bench. our vets by providing the resources My father, as my colleagues may re- I know President Obama agrees with needed for the medical care and bene- call, served for 18 years on the Judici- this approach. His decision to make fits that our vets have earned through ary Committee. I lack his patience and Judge Hamilton his first judicial nomi- their service. therefore never have, but I admire very nee was proof that he wanted to change As I have mentioned, for the first much Senator LEAHY and those who the tone and follow the ‘‘Hoosier ap- time the bill contains advance funding help shepherd these judicial nomina- proach’’ of working across party lines for vets’ medical care for fiscal year tions, which, unfortunately, are all too to select consensus nominees. 2011. This funding will ensure that the frequently unnecessarily contentious. On the merits, Judge Hamilton is an VA has a predictable stream of funding Secondly, I note the presence—I am accomplished jurist who is well quali- and that medical services will not be sure he will be speaking shortly—of our fied to be elevated to the appellate adversely affected should another stop- colleague, Senator SESSIONS. Although bench. He has served with distinction gap funding measure be needed in the Senator SESSIONS and I have a dis- as a U.S. district judge for over 15 future. agreement over this nomination, we years, presiding over approximately I wish to thank my ranking member, have worked well in many areas, and I 8,000 cases. He is now the chief judge of Senator HUTCHISON, for her work on look forward to collaborating with him the Southern District of Indiana, where this bill. She was critical in getting the in the future in those many areas he has been widely praised for his effec- amendments cleared on her side of the where we do find ourselves in agree- tive leadership. Throughout his career, aisle. I wish to thank her staff, Dennis ment. Judge Hamilton has demonstrated the Balkham and Ben Hammond, for their Today, I find myself in agreement highest ethical standards and a firm hard work. I also wish to thank the with my friend and colleague from my commitment to applying our country’s majority staff, Chad Schulken and home State of Indiana, Senator LUGAR, laws fairly and faithfully. Andy Vanlandingham, for their hard who yesterday on this floor issued a In recommending Judge Hamilton, I work on this important bill. I would es- compelling statement in support of the have the benefit of being able to speak pecially like to thank the sub- nomination of David Hamilton for the from personal experience, because he committee clerk, Christina Evans, for Seventh Circuit Court of Appeals. For was my legal counsel when I had the her hard work and leadership on this all those Members of this body or those privilege of serving as Indiana’s Gov- subcommittee. viewing us from afar who have ques- ernor. I also wish to acknowledge the hard tions about Judge Hamilton, I strongly If you ask Hoosiers about my 8 years work of the floor staff and the cloak- recommend they read Senator LUGAR’s as Governor, you will find widespread room staffs. Thank you, Dave and very eloquent statement in his behalf. agreement that we charted a moderate, Lula, for helping us get to this point. He went through every suggested con- practical, and bipartisan course. As my

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11412 CONGRESSIONAL RECORD — SENATE November 17, 2009 counsel, David Hamilton helped me good judicial temperament, intellect, it has been my pleasure working with craft bipartisan solutions to some of and evenhandedness. If confirmed, he the Senator from Alabama in the the most pressing problems facing our will be a superb addition to the Sev- past—even as we have a difference of State. enth Circuit Court of Appeals. opinion about this nomination today. He helped resolve several major law- I urge my colleagues to join me and I ask unanimous consent that the suits that threatened our State’s finan- Senator LUGAR in supporting this ex- time for any quorum calls be charged cial condition. He wrote a tough new tremely well-qualified and deserving equally to both sides. ethics policy to ensure that our State nominee. The PRESIDING OFFICER. Without government was operating openly and Before I end, let me say a couple of objection, it is so ordered. honestly. additional things. David Hamilton has Mr. BAYH. I yield the floor. In addition to his insightful legal been subjected to a number of un- The PRESIDING OFFICER. The Sen- analysis, I could always count on David founded attacks, probably the most lu- ator from Alabama is recognized. Hamilton for his sound judgment and dicrous of which is that he is anti-reli- Mr. SESSIONS. I thank Senator the commonsense Hoosier values he gion in general and hostile to Jesus BAYH for his comments and admire his learned growing up in southern Indi- Christ in particular. His father was a support for a friend, the nominee under ana. Like most Hoosiers, David Ham- 40-year Methodist pastor. David Ham- consideration today. He is an excellent ilton is not an ideologue. ilton was baptized and married by his Senator who continues to strive for During his service in State govern- father. Before he served as a Federal fairness and good policy in the Senate. ment, he also developed a deep appre- district court judge, he placed his hand Certainly, no one likes to oppose a ciation for the separation of powers upon the Bible—the Old and New Tes- nominee for the Federal bench. It is and the appropriate role of the dif- tament alike—and pledged loyalty to not a very pleasant thing to do. Having ferent branches of government. If con- our Nation and devotion to our laws. seen that process from both sides, I firmed, he will bring to the seventh cir- He is not hostile to religion or to Jesus particularly don’t relish the thought. cuit a unique understanding of the im- Christ. That charge is unfounded. But judges are seeking lifetime ap- portant role of the States in our Fed- Likewise, it has been suggested that pointments to the Federal bench, and eral system and will be ever mindful of he is, in some way, soft on crime. A they would hold their office for life, the appropriate role of the Federal ju- particular case has been cited involv- without the ability of the public to re- diciary. He understands the appro- ing child pornography. I find this to be view, even if the judge conducts him- priate role for a judge is to interpret ironic since he sentenced the accused self in a way that is not appropriate. our laws, not to write them. to the maximum sentence allowed by The American people may vote us out Despite Judge Hamilton’s long record law—the maximum sentence allowed of office, and they do from time to as a thoughtful, nonideological jurist, by law, not 1 day less. Judge Hamilton time. They can vote their Governors his critics have sought to portray him has had the responsibility of handing out, as well as others. But Federal as an ‘‘activist’’ judge hostile to reli- down 700 criminal sentences in his time judges are not subject to that. There- gion. I have no doubt these attacks on the bench. The Justice Department fore, I think it is critically important come as a surprise to his father, the has appealed two—a mere fraction of 1 that before we bestow that lifetime ap- Reverend Richard Hamilton, who is the percent. Judge Hamilton is not soft on pointment, that power to define the former pastor of St. Luke’s United crime. meaning of words in our laws and our Methodist Church in Indianapolis. Finally, it has been suggested that Constitution, we be certain that the It is only in the upside-down, bipar- Judge Hamilton is a judicial activist. A nominee is a person who is committed, tisan world of Washington, DC, that case in our State involving abortion as the oath says, to serving under the the humble son of an Indiana pastor rights has been cited in that regard. I Constitution and the laws and not can be turned into a partisan zealot find that to be ironic, as well, because above them. hostile to religion, which David Ham- the president of the Indiana Federalist This nominee has some problems. Un- ilton is not. To my mind, such out- Society, an organization not known for fortunately, it is not totally an iso- rageous attacks say more about the embracing activist judges, strongly en- lated matter. There is indeed a philos- sad status of our judicial confirmation dorsed Judge Hamilton’s nomination, ophy prevalent among many judges in process than they do about Judge Ham- saying: law schools that has led to, I think, an ilton. I regard Judge Hamilton as an excellent ju- abuse of office by certain judges. In re- Some of Judge Hamilton’s critics rist with a first-rate intellect. He is cent years, they have developed an idea have even suggested his nomination unfailingly polite to lawyers and asks tough that the Constitution is not a change- reaches the level of ‘‘extraordinary cir- questions to both sides, and he is very less contract with the American peo- cumstances’’ justifying a filibuster. smart—to the left of center, but well within ple, but a ‘‘living document,’’ they This is a nominee jointly recommended the mainstream. say—in other words, a malleable in- to the President by a moderate Demo- That is the position of Geoffrey strument that they are free to mas- crat and the Senate’s senior Repub- Slaughter, president of the Indiana sage, so that it is made to read as they lican. If this nomination constitutes Federalist Society. would like it to read, or as they wish it ‘‘extraordinary circumstances,’’ then I find this set of circumstances to be had been written rather than doing that phrase has ceased to have any most unfortunate. David Hamilton is their duty, which is to follow the docu- meaning whatsoever. I sincerely hope superbly qualified. I think this is, more ment as it was in fact written. that all involved will agree to give than anything else, a comment on the I believe this disrespects the Con- Judge Hamilton the up-or-down vote he sad state of our judicial nominating stitution, weakens the Constitution. If so clearly deserves. If not, I fear that process, where this individual has been it is not respected by this judge today, filibusters will become routine regard- caricatured as out of sorts with reality, what would prohibit a judge tomorrow ing judicial nominees. That is not the and if extraordinary circumstances are with a different philosophy from vio- way our Framers intended us to oper- found with regard to David Hamilton, I lating it at that point? I think it is in- ate, nor the way that we should. am afraid that filibusters of judicial deed a dangerous philosophy, one that On a personal note, I have known nominations will become routine on Judge Hamilton has bought into. That Judge David Hamilton for over 20 the floor of the Senate. That would not is part of his approach to law. years. I know him to be a devoted hus- be good for this body or our country. I I do think judges must be committed band to his wife Inge, and a loving fa- hope we don’t go there today. to their oath and to the Constitution, ther to his two daughters, Janet and Again, I urge my colleagues to join and that they are not empowered to Devney. He is the nephew of former with me and Senator LUGAR in strongly amend the Constitution, or write foot- Congressman Lee Hamilton, a man invoking cloture on this nomination notes to it. Judge Hamilton has been whose integrity is beyond reproach. and voting to confirm him to the court nominated by the President for the As someone who personally knows of appeals. U.S. Court of Appeals for the Seventh and trusts Judge Hamilton, I say to my I am glad to see Senator SESSIONS. I Circuit. He is now a Federal district colleagues he is the embodiment of noted our many areas of agreement and judge. In that capacity, he is one step

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11413 below the Supreme Court, and he would A judge needs to empathize with parties in both, in my view, expected by the Framers, have considerably more power to define the case, plaintiff and defendant, crime vic- provided that case-by-case interpretation words in our laws and Constitution tim and accused defendant, so that the judge follows the usual methods of legal reasoning than he does as a district judge. During can better understand how the parties came and interpretation. to be before the court and how rules affect I think that is a pretty strong state- his campaign, the President promised those parties and others in similar situa- to seek a bipartisan administration, ment. He says the process of case-by- tions. case adjudication and Article V amend- but we have had a number of can- I disagree with that. It is a pretty didates, I think, for the judiciary, and ment processes are constitutionally le- significant disagreement, actually. gitimate—in effect, constitutionally le- efforts on matters such as health care, Whenever a judge empathizes with a that demonstrate otherwise. Some gitimate ways to alter the document. party, whenever a judge uses or allows Article V is the amendment process. time ago, a number of us—I think all 40 his personal beliefs, biases, or experi- That is how we amend the Constitu- Republicans—wrote and suggested that ences to inform or influence a decision tion. I am troubled by his statements. he re-nominate some outstanding can- in favor of one party, he would then That was just recently when he sub- didates for the circuit court, who necessarily disfavor the other party. mitted a written answer to questions. President Bush had submitted and were Empathy directly conflicts with the ju- That is not a sound view of judging, in not confirmed, just as President Bush dicial oath which requires judges to my opinion. re-nominated some of President Clin- faithfully and impartially ‘‘administer I would say, indeed, it is the essence ton’s nominees when he took office. We justice without respect to persons, and of an activist judicial philosophy. That suggested it would be a good first step do equal right to the poor and the rich philosophy has impacted a number of in showing that kind of commitment to . . . under the Constitution and laws of his rulings as a Federal district court openness. But the White House never the United States.’’ judge. His rulings show a lack of appre- even acknowledged that letter. Judge Hamilton has said he believes ciation for the popular will of the peo- With Judge Hamilton, his first judi- a judge will ‘‘reach different decisions ple, of the State and Federal Govern- cial nominee, I think we have a prob- from time to time . . . taking into ac- ment, and the elected branches. In lem. According to some press reports, count what happened and its effect on more than a few instances he has used Judge Hamilton’s nomination was in- both parties, what are the practical his position to drive a political agenda, tended to send a pacifying signal to the consequences.’’ it seems clear to me. Some can say it Republicans, and they indicated—some But this is an outcome-determinative is not. We all make our best judgment of the Administration’s spokesmen— philosophy of law, and outcomes are to about those matters. I think in this that future nominees would be more be considered by the legislative branch, case he has a political agenda that is ideologically provocative. I am at a the policymaking branch, when they guided by personal beliefs and not the loss to think that we would have some- pass the law. We pass laws and we do rule of law. one with greater ideological commit- our best to figure out what impact He has been reversed quite a number ment than Judge Hamilton. Perhaps we they will have and how they should be of times by the Seventh Circuit Court will see that in the future. I don’t enforced, and we draw the lines at this of Appeals, the very court for which he think we have seen that to date. I have and that. It goes to a judge. Then a has now been nominated. voted for most of the President’s nomi- judge now is empowered to say: I know I would like to next look at the nees, but some I have not supported. they wrote this, but I don’t like the ef- Hinrichs v Bosma case. I do not con- To begin with, Mr. Hamilton was a fect it is going to have on party A, so tend, and it is not right to say, Judge board member and vice president of the I am not going to enforce it. I don’t Hamilton is hostile to religion. It does ACLU chapter of Indiana. They take want to be harsh. I don’t want to be a appear he is hostile to the free expres- some very strong positions on constitu- strict constructionist. I believe I have sion of religion in certain cir- tional questions that I think are un- the ability to empathize with the par- cumstances and has been reversed as a justified. He signed onto that organiza- ties. The way I feel today I empathize result of it. tion fully knowing what they stood for. with this party and not that party. I want to be fair to him. In the He previously worked for and has been You see, that is not law. It is not law Hinrichs case, he enjoined or issued an associated with ACORN, which is cer- in the great American tradition of law. order to the speaker of the Indiana tainly not a mainstream organization It is more akin to politics. Judges put House of Representatives, telling the but a real left-wing group. Investiga- on robes, they take oaths, they conduct speaker that he cannot allow sectarian tions and reports of their activities themselves—the judges I have known prayers, ruling that the prayers being have not made us feel good about over the years—in every way possible said violated the Establishment Clause ACORN, that is for sure. to send a message that they follow of the Constitution because many of There is a theory that Judge Hamil- their oath and they do their duty and the prayers expressly mentioned Jesus ton’s views are outside the mainstream they treat people fairly, without bias Christ. Yet in a post-judgment motion, of President Obama’s other nominees, or prejudice or empathy. Is empathy Judge Hamilton permitted the use of the vast majority of whom have openly not a form of prejudice for one party or Allah by a Muslim imam who was in- rejected the President’s so-called em- another? vited to pray at the legislature because pathy standard, and have stated that I think this is a big deal. These are he found there was ‘‘little risk’’ that empathy should not play a role in a big issues, and I think Judge Hamil- such prayers ‘‘would advance a par- judge’s consideration of a case. Asso- ton’s position is incorrect. He is a good ticular religion or disparage others.’’ ciate Justice Sotomayor rejected this person; I do not dispute that. But we I don’t think that is a sound legal ap- notion explicitly at her confirmation. are talking about whether he should be proach. But that is exactly what he However, instead of embracing the empowered to be an appellate judge, said. People can say he did not mean constitutional historic standard of ju- one step below the U.S. Supreme Court. that. But that is what happened. Judge risprudence that Justice Sotomayor His view of the role of a judge trou- Hamilton concluded in that case: said she believed in, one that says bles me. In a 2003 speech he said the When government prayers are expressly judges must faithfully adhere to the role of a judge includes ‘‘writing a se- and consistently sectarian, i.e., when they rule of law as written, Judge Hamilton ries of footnotes to the Constitution.’’ express faith of a particular religion, then has embraced openly the empathy In explaining this answer to a ques- the opportunity for prayers is being used to standard which, I submit, is no stand- tion Senator HATCH submitted to him advance a particular religion contrary to the ard at all. It is not a legal standard. after the hearing, he wrote that he be- mandate of the Establishment Clause. In response to a follow-up question lieves the Framers intended for judges I don’t think that is accurate because after his hearing, Judge Hamilton said to be able to amend the Constitution the law is, indeed, difficult in this area. empathy was ‘‘important in fulfilling through evolving case law, in effect But this is one of the more dramatic judicial oaths.’’ He further stated, and saying: rulings I have seen in this area of the this was in answer to a question, I be- Both the process of case-by-case adjudica- law. lieve, by Senator HATCH—he further tion and the Article V amendment processes In addition to prohibiting such sec- stated: are constitutionally legitimate, and were tarian prayers, as he defined it, Judge

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11414 CONGRESSIONAL RECORD — SENATE November 17, 2009 Hamilton held that the speaker of the In United States v Woolsey, the Sev- We don’t want a baseball umpire who house must advise any officiant who enth Circuit faulted Judge Hamilton says: If I call this a strike, that will be opens the legislature with a prayer for disregarding an earlier felony drug the third out and the game will be that a prayer must be nonsectarian, conviction in order to avoid imposing a over. I believe, with all sincerity, these must not advance any one faith, or dis- life sentence on a repeat offender. He views represent a results-oriented, ac- parage another, and must not use didn’t want to do that so he ignored tivist philosophy that is hostile to the ‘‘Christ’s name or any other denomina- the prior conviction that would have great American role of a judge in our tional appeal.’’ called for that. constitutional system. I believe it dis- The Seventh Circuit initially denied In reversing his decision, the Seventh qualifies him for elevation to the court the speaker’s request for a stay of that Circuit reminded Judge Hamilton that of appeals. injunction, finding that the ruling was he was not free to ignore prior convic- This is one of those extraordinary supported by some precedent. However, tions, regardless of whether he deemed circumstances where the President after full briefing and oral argument, the penalty for recidivists to be appro- should be informed of that fact by a they reversed and remanded with in- priate. vote of the Senate. That is why I will structions to dismiss, finding that the Judge Hamilton’s most activist deci- not be able to support cloture. plaintiffs lacked standing. sion may be a series of rulings in A It will be the first time I have voted I would just note for my colleagues Woman’s Choice v. Newman. Through against cloture in a matter of this that every day this Senate opens with the rulings in this case, Judge Ham- kind. I take this seriously. I talked a prayer. We have a Chaplain on the ilton succeeded in blocking the en- about it some yesterday. If we could payroll of the U.S. Government who forcement of an Indiana informed con- reach an agreement with my col- walks up those steps and stands behind sent law for 7 years. In reversing, the leagues, Senator LEAHY and others, to the Speaker’s chair and opens the ses- Seventh Circuit court noted that Judge not follow the filibuster rule, I think sion with a prayer and periodically Hamilton had abused his discretion. the Senate would probably be better. mentions Jesus’s name in that process. This is how they described it. But under President Bush, some 30 fili- So I don’t know how we get to this. No- This is a strong condemnation, from busters against his nominees were ef- body, I assume, would challenge what my experience, as to how appellate fected. Eventually, we had a political we do here—at least they have not judges deal with lower court judges brouhaha here for several years that done so effectively yet. who make errors. They know judges culminated in a decision that the fili- In Grossbaum v Indianapolis-Marion make errors from time to time. They buster would be acceptable if you be- County Building Authority, Judge just reverse it and try not to be too lieved there were extraordinary cir- Hamilton denied a rabbi’s plea to allow critical. But this is what they said in cumstances justifying that against a a menorah to be part of a municipal this case: nominee. This judge’s history and background reach that level. That is building’s holiday display. The Seventh For seven years Indiana has been pre- Circuit unanimously reversed that er- vented from enforcing a statute materially why I will not be voting for him. I don’t think we should abuse this roneous opinion, finding that Judge identical to a law held valid by the Supreme policy. I think we would be better off if Hamilton failed to acknowledge the Court in Casey, by this court in Karlin, and we did not. But that is what the Senate rabbi’s right to display the menorah as by the Fifth Circuit in Barnes. No court any- basically decided when the Gang of 14 symbolic religious speech protected by where in the country (other than one district judge in Indiana) has held any similar law reached their agreement in the midst the Constitution. invalid in the years since Casey . . . Indiana As we know, in the Constitution’s of a debate, for those who said you (like Pennsylvania and Wisconsin) is entitled shouldn’t filibuster and for those who first amendment it says Congress—us— to put its law into effect and have that law said you can, and they reached that Congress shall make no law respecting judged by its own consequences. agreement. I think that is probably the the establishment of a religion, or pro- They were referring to Judge Ham- state of the situation in the Senate. hibiting the free exercise thereof. That ilton. In other words, if the judge Based on that standard, I will oppose is all the Constitution says about reli- didn’t like the consequences of it and if cloture. gion. It just as strongly prohibits limi- his empathy made him believe this was I yield the floor. tations on free exercise of religion as it not a good policy, he is not empowered Mr. HATCH. Mr. President, today the clearly prohibits the government from to do that. The legislature passed a Senate takes up the nomination of establishing a church and making it constitutional statute that simply David Hamilton to the U.S. Court of preferable over others. said: Before a person has an abortion, Appeals for the Seventh Circuit. This It is interesting. The results reached they must be given notice of what the controversial nominee’s record includ- in these decisions are strikingly simi- ramifications are so they can be in- ing his decisions, speeches, and testi- lar to the positions consistently advo- formed when they make their decision. mony before the Judiciary Committee cated by the ACLU, the organization Apparently, he didn’t like that. For 7 reflects an activist judicial philosophy with which Judge Hamilton has been years, through a series of rulings, he that is inconsistent with the proper associated prior to becoming a judge. kept it from being enforced. This case role of judges in our system of govern- Judge Hamilton’s problematic rul- is a blatant example of him allowing ment. As a result, while I voted for clo- ings are not limited to cases involving his personal views to frustrate the will ture, I will vote against confirmation. religion. Lawyers quoted in the Alma- of the people and the popularly elected Even with control of both the White nac of the Federal Judiciary describe representatives of the government of House and Senate, and with the largest him as one of the most lenient judges Indiana. The people of Indiana went Senate majority in 30 years, Democrats in his district in criminal matters. His through a lot as a result. There were are still complaining about the slow ju- rulings on the bench have lived up to multiple appeals and lawsuits and at- dicial appointment pace. But we have that reputation. torneys. They were forced to expend nominees for only 19 of the current 99 In the Rinehart case, Judge Ham- great sums of money to overcome what judicial vacancies. Twenty-four of the ilton, I think inappropriately, acted appeared to me to be obstructionism. 80 current vacancies for which there and used his opinion in the case to re- Chief Justice Roberts said it best are no nominees are more than 1 year quest clemency—that is either elimi- when he said judges should be neutral old. And yet one of the nominees we nation of the penalty he imposed pur- umpires, calling balls and strikes based have received and who will have a hear- suant to the mandatory Federal guide- on the law and the evidence. Unfortu- ing tomorrow would fill a seat on the lines, at least within that range—for a nately, Judge Hamilton disagrees with U.S. district court that is not vacant at police officer who had pled guilty to the idea that a judge should be a neu- all. two counts, not of seeing pornography tral umpire. This is what he said: At this point in 2001, President or possessing pornography but pro- Judges reach different decisions from time George W. Bush had sent nearly twice ducing child pornography. A 32-year- to time. In that sense, the call is not was as many judicial nominees to the Sen- old officer had engaged in ‘‘consen- that a ball or a strike. But taking into ac- ate despite dealing with the aftermath sual’’—consensual sex with two teen- count what happened and its effects on both of the 9/11 terrorist attacks and a Sen- agers and videotaped the activity. parties, what are the practical consequences. ate controlled by the other political

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11415 party. And nominees to the U.S. dis- today, with such a controversial nomi- ful assertion of his own opinion over trict court this year have been con- nee before us, many on this side of the what the law required. When the Sev- firmed nearly 15 percent faster than aisle feel justified in following the enth Circuit finally reversed him in President Bush’s district court nomi- Democrats’ playbook. I do not blame 2002, it said that no court anywhere in nees during the 107th Congress. them for that. I voted for cloture today America had done what Judge Ham- Democrats have nonetheless accused because I continue to believe that the ilton had done. the minority of engaging in filibusters. Constitution’s assignment of roles in In another case, Judge Hamilton If the word ‘‘filibuster’’ is used any- the judicial selection process counsels chose to ignore one of a defendant’s time the Senate does not blindly and against using the filibuster to defeat prior drug convictions so that he did immediately rubberstamp nominees, majority-supported nominees. Demo- not have to impose a life sentence. In then the word no longer means any- crats should not have dragged the Sen- Judge Hamilton’s personal opinion, a thing at all. Democrats have circulated ate across that line, and I fear that court in another state—where Judge their talking points to reporters and doing so may have unalterably changed Hamilton, of course, had no jurisdic- commentators, who in some cases re- how this body fulfills its role in the ju- tion whatsoever should have set aside peat outright falsehoods. Last week, dicial selection process. Yet, for now at that earlier conviction and so he was the Judiciary Committee chairman least, I still believe that the Senate simply going to ignore it. Mind you, placed in the Record a commentary by fulfills its advice and consent role best even the defendant himself had not de- a law professor claiming that there had by voting up or down on nominees that nied the earlier conviction, but Judge already been cloture votes on three ju- have been reported to the floor. That is Hamilton was still going to substitute dicial nominees. The CONGRESSIONAL why I voted for cloture on this nomina- his own judgment. In one of the most RECORD is supposed to be a nonfiction tion. stunning statements I have ever read work. That said, I must vote against con- in a judicial opinion, Judge Hamilton On the one hand, Democrats claim firmation of this controversial nomi- wrote that he ‘‘ought to treat as hav- the Senate is not confirming nominees nee. Qualifications for judicial office ing been done what should have been and then, on the other hand, complain include not only legal experience but done.’’ In other words, he would not let that Senators actually must vote on also judicial philosophy. I define judi- the law, the facts, rulings of other them. This no doubt baffles many cial philosophy as an understanding of courts with proper jurisdiction, or any- Americans, who probably think that the power and proper role of judges in thing else stand in the way of how he voting is one of the things Senators our system of government. Judge Ham- wanted things to be. That is perhaps come here to do. But the practice of ilton’s activist record fails that stand- the ultimate mark of the activist using a rollcall vote to confirm ard. judge, driven by results and finding norcontroversial judicial nominees was Turning to that record, Judge Ham- whatever means necessary to get there. already firmly established, and not by ilton has rendered a pattern of deci- When the Seventh Circuit reversed Republicans. The percentage of district sions that evidence a willful assertion Judge Hamilton, it cited its own prece- court nominees confirmed by rollcall of personal views over the require- dents that Judge Hamilton should have vote during the administration of ments of the law. Now I know we will followed and concluded: ‘‘Furthermore, George W. Bush was 26 times higher hear that only a fraction of Judge we have admonished district courts than during the previous 50 years. You Hamilton’s decisions as a U.S. district that the statutory penalties . . . are heard that right, 26 times higher. And judge are controversial. Most of any not optional, even if the court deems the percentage of those rollcall votes judge’s decisions make no waves and them unwise or an inappropriate re- without any opposition skyrocketed as raise no flags. When he served in this sponse to repeat drug offenders.’’ well. The majority today has no one to body, President Obama himself said A judge should not have to be told blame but themselves for forcing such that only 5 percent of the Supreme that statutory requirements are not changes in confirmation tradition and Court’s decisions are truly the hard optional. A judge should not have to be practice. cases, and this percentage may shrink told that he must decide cases based on If Republicans really wanted to ob- with each step down the judicial pyr- the law rather than on his personal struct President Obama’s nominees, I amid. I need not recount the few cases sense of justice or his belief about what suppose we could have followed the that my friends on the other side found should have been done at other times Democrats’ example from 2001. Under more than sufficient to oppose so many by other courts. A judge who must be Senate rules, pending nominations ex- nominees in the past. The cases that told that he has an activist approach pire and return to the President when matter are the ones that tell us what to judging that, in my opinion, should the Senate adjourns or recesses for we need to know about a judge and his not be rewarded with promotion to the more than 30 days. We routinely waive judicial philosophy. I know other Sen- federal appeals court. that rule to carry pending nominations ators will be speaking about a number Those are just two of Judge Hamil- over the August recess. But on August of these and I want to highlight two of ton’s decisions which I found fit a dis- 3, 2001, Democrats objected to that tra- them. turbing pattern of deciding cases based ditional practice in order to send 45 ju- In one notorious case, Judge Ham- on his own views rather than the law. dicial nominees back to the President. ilton for 7 years blocked enforcement I also found that the rest of Judge Some had been nominated literally the of Indiana’s law requiring informed Hamilton’s record reflected the same day before. Some had been nominated consent before a woman can obtain an activist view of judicial power. In to life-tenured Federal courts, but oth- abortion. The Supreme Court had 5 speeches, for example, Judge Hamilton ers to term-limited courts such as the years earlier upheld a Pennsylvania in- has endorsed the view that ‘‘part of our U.S. Court of Claims or the District of formed consent law that the seventh job here as judges is to write a series of Columbia Superior Court. It did not circuit would later describe as ‘‘mate- footnotes to the Constitution.’’ He has matter to my Democratic friends, they rially identical’’ to the one before said that those supporters to the equal did anything and everything they could Judge Hamilton. That was the prece- rights amendment to the Constitution to keep nominees from any consider- dent he should have followed. Instead, ‘‘lost the battle but have won the war’’ ation at all, including inventing en- he turned a minor factual distinction because the Supreme Court changed tirely new forms of obstruction. into a constitutional difference and the Constitution in substantially the And then, of course, there were the issued a preliminary injunction in 1995. same way that the ERA would have. first filibusters in American history Following the Supreme Court, the Sev- This latter view that judges may used to defeat majority-supported judi- enth Circuit upheld a virtually iden- amend the Constitution through their cial nominees. My Democratic friends tical Wisconsin statute in 1999, but decisions is particularly troubling. I invented that one too during the pre- Judge Hamilton also ignored that asked Judge Hamilton about this state- vious administration. Their scorched- precedent and issued a permanent in- ment in written questions following his earth campaign changed many long-es- junction in 2001 against the Indiana hearing. Judge Hamilton stated that tablished confirmation traditions and law. I do not see any way to explain his both the process of case-by-case adju- practices. So it is little wonder that decisions in this case except as a will- dication and the article V amendment

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11416 CONGRESSIONAL RECORD — SENATE November 17, 2009 process are constitutionally legitimate I yield up to 5 minutes to the distin- prehensive health care reform, only means of changing the Constitution guished senior Senator from Pennsyl- one Republican out of 170-plus stood in and both were expected by America’s vania. favor of the bill. He became a hero or, Founders. He is wrong on both counts. The PRESIDING OFFICER (Mr. perhaps more accurately, an oddity. In If judges may change the Constitution KAUFMAN). The Senator from Pennsyl- the Senate, only one Republican in the through their decisions, they literally vania. Finance Committee would stand and can make the law they use to decide Mr. SPECTER. Mr. President, I have vote in favor of reform. Is it any won- cases. The Constitution cannot control sought recognition to speak in favor of der why the Congress of the United judges if judges control the Constitu- the nomination. Speaking candidly, States is held in such low esteem by tion. perhaps bluntly, Judge Hamilton is a the American public? Is it any wonder America’s Founders flatly and explic- pawn in partisan political warfare. why approval ratings across the board itly rejected that view. In his farewell That is the long and short of it. This is are dropping in practically free-fall, address, President George Washington the 90th filibuster in the past several with a dull thud, because the American said that if the Constitution must be months. This follows a pattern, regret- people see what is going on in this changed, ‘‘let it be corrected by an tably, that goes back almost two dec- Chamber and in the Chamber across amendment in the way which the Con- ades, when both sides, Democrats and the Rotunda and are, frankly, dis- stitution designates. But let there be Republicans at various times, have en- gusted with it. They are sick and tired no change by usurpation.’’ By his own gaged in filibusters against judicial of seeing the partisan politics at play. words, the Father of our Country dis- nominees where there was no justifica- A great deal has been said about the puted Judge Hamilton’s assertion tion to do so. It occurred extensively qualifications of David Hamilton. Be- about the judiciary’s proper role. In during the Clinton administration. At yond any doubt, he is well qualified for Marbury v. Madison, Chief Justice that time, on the other side of the the job. During my tenure on the Judi- Marshall wrote that America’s Found- aisle, I supported many of President ciary Committee, some three decades, ers intended the Constitution to govern Clinton’s nominees. It occurred during part of which I served as chairman, I courts as well as legislatures. This no- the Bush administration, when I have seldom seen a better qualified tion that constitutional amendments chaired the Judiciary Committee, and candidate. I am reminded of the objec- by judges are as legitimate as those by there were repeated filibusters by tions raised by Democrats to Judge the people is completely inconsistent Democrats against President Bush’s Southwick, picking a couple lines from with the proper role of judges in our nominees. a couple opinions. Fortunately, sanity system of government but completely At that time, this Chamber was al- prevailed and Judge Southwick was consistent with the activist approach most torn apart with the ferocity and confirmed. This is an outstanding man. evidenced by Judge Hamilton’s deci- intensity of the partisanship, with seri- One additional note. His uncle is Lee sions. ous consideration being given to what Hamilton, the very distinguished Well, I have said enough here to indi- was called the nuclear or constitu- former Member of the House of Rep- cate the basis for my opposition to this tional option, when there was serious resentatives. controversial judicial nominee. I regret consideration given to altering the tra- I address all my colleagues: Let’s call that President Obama chose someone ditional requirement of 60 votes to end a truce. Let’s end the partisan political with such an activist judicial philos- a filibuster. There was a tactic devised warfare. Let’s start with the confirma- ophy as his first judicial nominee. I to challenge the ruling of the Chair, tion of Judge Hamilton. had hoped that he would take a more which could be overruled by or upheld Mr. LEAHY. I thank the distin- balanced approach to judicial selec- by only 51 votes, and thereby move the guished Senator from Pennsylvania. tion, choosing consensus nominees that judicial nominees without the tradi- I yield up to 4 minutes to the Senator most Senators could support. I hope tional 60 votes. Fortunately, sanity from Michigan. the nominee before us today does not and tradition prevailed and we worked The PRESIDING OFFICER. The Sen- set a pattern to be followed in the fu- out a compromise with the so-called ator from Michigan. ture and I will vote against his con- Gang of 14 to confirm some and to re- Ms. STABENOW. I thank the distin- firmation. ject others. Now we find the pattern guished chairman of the Judiciary The PRESIDING OFFICER. The Sen- continues. Committee, not only for his commit- ator from Vermont. It is my hope that at some point we ment but his patience as he has had to Mr. LEAHY. Mr. President, I wish to can declare a truce, an armistice, and labor through objection after objec- respond to some of the things the dis- stop the partisan political warfare. The tion, stalling tactic after stalling tac- tinguished Senator from Alabama has nomination of Judge Hamilton would tic, to fill these critical judgeships. On said. To call this the first filibuster of be a good occasion to do that. March 17, President Obama nominated a judicial matter this year is not to- Senator LUGAR, in his mild manner, his first judge to the Federal bench, tally accurate. We have people who are in a floor statement in support of the David Hamilton, whose nomination the confirmed unanimously after being nomination, has said: Republicans are now filibustering. He blocked for month after month by the The confirmation process is often accom- nominated him on March 17. Judge Republican side, who then says: But we panied by the same oversimplification and Hamilton is not a partisan judge. He didn’t filibuster. distortions that are disturbing even in cam- has an excellent record. He has upheld Mr. SESSIONS. Will the Senator paigns for offices that are, in fact, political. the law. He has been an impartial um- yield for a question? Having worked with Senator LUGAR pire of cases before him. For 15 years, Mr. LEAHY. Yes. in this Chamber for the better part of he has served with distinction on the Mr. SESSIONS. Will the Senator cite three decades, I have observed his mod- Federal district court, and he has the a single vote prior to this where this esty, his circumspection, and his un- strong support of his two home State Senator has voted against cloture? derstatement. But those soft words Senators, a distinguished Republican Mr. LEAHY. That is not what I said. about oversimplification and distor- and a distinguished Democrat. He has I am saying we have had several nomi- tions give a clue to what is going on the highest rating from the American nees who were approved, not only judi- today. Bar Association. Yet the Republicans cial but others, overwhelmingly—80, 90, Regrettably, this is part of a broader are still stalling his confirmation vote. 100 votes. They had to wait month after picture, a broader picture of partisan Again, he was nominated on March 17. month because the Republican side political warfare. On the major issues This fair and impartial judge is being would not allow us to even proceed to of the day, the stimulus package, not blocked for no other reason than to them by filibustering or threatening a one Member of 170-plus in the House of stop us from filling a critical seat on filibuster. You have de facto de jure Representatives, not one Republican the appeals court with President filibusters. During President Clinton’s Member was for the stimulus package. Obama’s nominee. time, the Republicans pocket-filibus- Only three Republicans in this Cham- As we know, and as the distinguished tered 60 of President Clinton’s nomi- ber would even talk to Democrats. In Senator from Pennsylvania spoke nees. the House of Representatives, on com- about a moment ago, this is not a first.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11417 In fact, 90 times so far this year—I am I thank the distinguished Senator In the last administration, with a Re- going to have to get a bigger chart from Michigan for pointing out these 90 publican President, they condemned soon—90 times we have seen Repub- delays just in this year alone. In evalu- filibusters of judicial nominations as licans come to the floor and object in ating this nomination, the nonpartisan ‘‘unconstitutional,’’ ‘‘obstructionist,’’ some manner to moving our country American Bar Association’s Standing and ‘‘offensive.’’ They issued a threat, forward, to moving the people’s agenda Committee on the Federal Judiciary though, to filibuster before President forward. unanimously rated Judge Hamilton Obama made a single nomination. They Over and over again, we are seeing ‘‘well qualified,’’ the highest rating wrote in a March 2 letter to the Presi- tactics to simply slow the Senate possible. He has served as a Federal dent: down, and a majority of these objec- district Judge for 15 years and is now If we are not consulted on, and approve of, tions, as the Presiding Officer knows, the chief judge in his district. His nom- a nominee from our states, the Republican have ended actually in unanimous ination is supported by the senior Re- Conference will be unable to support moving votes once we have actually gotten publican in the Senate, his senior home forward on that nominee. through all of the process, all of the State Senator, Senator LUGAR, and by Well, of course, they were consulted. strategies, and actually gotten to a Senator BAYH. That is correct: Judge The President, in his first nomination, vote. Almost in every case, people have Hamilton has the support of both of his went to the senior most member of the been confirmed overwhelmingly, if not home state Senators, the longest-serv- Republican Party, Senator LUGAR, for unanimously, and the same is true ing Republican in the Senate, and a his approval and his support. He ended with legislation. well-respected moderate Democrat. up doing every single thing the Repub- We are at a point where the stalling Unlike his predecessor, President licans demanded that he do, and their has to stop. We have two wars hap- Obama has reached across the aisle to response was: Whoops, never thought work with Republican Senators in pening. We have the highest unemploy- you would do what we asked for. We making judicial nominations. The ment in a generation. We have an econ- are still going to filibuster. nomination of Judge Hamilton is an omy to worry about, financial reform The American people and the Senate example of that consultation. Other ex- to worry about, and certainly health need to understand that Judge Ham- amples are the recently confirmed care, which is about jobs, which is in ilton was nominated with the support nominees to vacancies in South Da- and strong endorsement of Senator front of us now. kota, who were supported by Senator The time is now to stop. Every Sen- LUGAR, the longest-serving Republican THUNE, and the nominee confirmed to a in the Senate. At Judge Hamilton’s ator has the right to vote yes or no on vacancy in Florida, supported by Sen- a nominee or on legislation. But 90 hearing over 7 months ago Senator ators MARTINEZ and LEMIEUX. Still times—and counting—we have simply LUGAR described Judge Hamilton as others are the President’s nomination ‘‘an exceptionally talented jurist’’ and seen objections and stalling tactics to to the Eleventh Circuit from Georgia, slow down the business of this country. ‘‘the type of lawyer and the type of supported by Senators ISAKSON and person one wants to see on the Federal I hope we are going to see that stop in CHAMBLISS, his recent nominations to the interest of everything we need to bench.’’ He knows David Hamilton and the Fourth Circuit from North Caro- said of him at his hearing: get done. lina, which I expect will be supported I strongly support this nominee. I have known David since his childhood. by Senator BURR, and the recent nomi- His father, Reverend Richard Hamilton, was Thank you, Mr. President. nation to a vacancy in Alabama sup- The PRESIDING OFFICER. The Sen- our family’s pastor at St. Luke’s United ported by Senators SHELBY and SES- Methodist Church in Indianapolis, where his ator from Vermont. SIONS on which the Judiciary Com- mother was the soloist in the choir. Knowing Mr. LEAHY. Mr. President, I ask the mittee held a hearing 2 weeks ago. first-hand his family’s character and com- distinguished Presiding Officer to no- I remind those Republican Senators mitment to service, it has been no surprise tify me when I have 3 minutes remain- who endorsed the Memorandum of Un- to me that David’s life has borne witness to ing. derstanding on Judicial Nominations the values learned in his youth. The PRESIDING OFFICER. The in 2005 of what they wrote when there Senator LUGAR gave a brilliant Chair will do so. was a Republican President in the speech on the Senate floor just yester- Mr. LEAHY. Mr. President, today, White House. How quickly they seem day, speaking in favor of Judge Ham- the Senate finally turns to the Repub- to forget. They said: ilton. I encourage every member of the lican filibuster against the nomination We believe that, under Article II, Section Senate to review his well-considered of Judge David Hamilton of Indiana to 2, of the United States Constitution, the statement in which he rebuts the thin, the Seventh Circuit. Republican Sen- word ‘‘Advice’’ speaks to consultation be- partisan attacks on Judge Hamilton ators who, just a few years ago, pro- tween the Senate and the President with re- and his record. As Senator LUGAR said, tested that such filibusters were un- gard to the use of the President’s power to a fair review of his judicial record ‘‘will constitutional. Republican Senators make nominations. We encourage the Execu- tive branch of government to consult with reveal that Judge Hamilton has not who joined in a bipartisan memo- members of the Senate, both Democratic and been a judicial activist and has ruled randum of understanding to head off Republican, prior to submitting a judicial objectively and within the judicial the ‘‘nuclear option’’ that the Repub- nomination to the Senate for consideration. mainstream.’’ lican Senate leadership was intent on Such a return to the early practices of our Senator LUGAR is one of the finest activating. Republican Senators who government may well serve to reduce the Senators to have ever served in the agreed that nominees should only be rancor that unfortunately accompanies the Senate. First elected in 1976, he is the advice and consent process in the Senate. filibustered under ‘‘extraordinary cir- We firmly believe this agreement is con- longest serving U.S. Senator in Indiana cumstances.’’ Those same Republican sistent with the traditions of the United history. He is a strong man with strong Senators are now abandoning all that States Senate that we as Senators seek to views, a conservative Republican. He is they said they stood for, and are in- uphold. no one’s shill. stead joining together in an effort to How easy it was for them to say at a Instead of praising the President for prevent an up-or-down vote on the time when we had a Republican Presi- consulting with the senior Republican nomination of a good man and a good dent. Now we have a Democratic Presi- in the Senate, the Republican leader- judge, David Hamilton of Indiana. dent who has done exactly what these ship has doubled back on their de- The American people should see this Republican Senators recommended. He mands when a Republican was in the for what it is: more of the partisan, has consulted with home state Sen- White House. No more do they talk narrow, ideological tactics that Senate ators from both sides of the aisle re- about each nominee being entitled to Republicans have been engaging in for garding his judicial nominees. And yet an up-or-down vote. That position is decades as they try to pack the courts Republican Senators still say: Whoops, abandoned and forgotten. Instead, they with ultraconservative judges. What is no. We are going to stall. We are going now seek to filibuster this judicial at stake for the American people are to filibuster. We are going to make you nomination and engage is the very act their rights, their access to the courts, wait 6 months to get a nominee that Republican leaders used to con- their ability to seek redress for wrong- through, in one instance, who then got tend that they never do. They have doing. a unanimous vote. also abandoned the new position they

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11418 CONGRESSIONAL RECORD — SENATE November 17, 2009 took only months ago when they has served with distinction on the staff and obstruct. They have ratcheted up threatened to filibuster if not con- of the Senate Judiciary Committee and the partisanship and seek to impose sulted. We are forced to overcome a fil- in the Justice Department. He has sup- ideological litmus tests. If partisan, ibuster of this nomination despite the port across the political spectrum. ideological Republicans will filibuster President’s bipartisan consultation I can only imagine that the reason David Hamilton’s nomination, the with Senator LUGAR. his confirmation is being delayed is nomination of a distinguished judge When President Bush worked with part of the partisan effort to slow supported by his respected home State Senators across the aisle, I praised him progress on judicial nominees. The Of- Republican Senator, they will fili- and expedited consideration of his fice of Legal Policy is traditionally in- buster anybody. This is partisanship nominees. When President Obama volved in the vetting of those nomi- gone rampant. reaches across the aisle, the Senate Re- nees. So when Republican Senators ex- Senate Republicans are intent on publican leadership delays and ob- cuse their obstruction by suggesting turning back the clock to the abuses structs his qualified nominees. that the President has not sent the they engaged in during their years of Today is November 17. By November Senate enough nominees, they are resistance to President Clinton’s mod- 17 of the first year of George W. Bush’s wrong on at least two counts. They erate and mainstream judicial nomina- Presidency, the Senate had confirmed have not allowed the Senate to act on tions. The delays and inaction we are 18 district and circuit court judges. By the nominees he has sent, and they are seeing now from Republican Senators contrast, once cloture is invoked and delaying appointment of the Assistant in considering the nominees of another the Republican filibuster ended, Judge Attorney General who contributes to Democratic President are regrettably familiar. Their tactics have resulted in Hamilton will be just the seventh lower that process. a sorry record of judicial confirmations court nomination the Senate has con- President Bush’s first nominee to this year. There are more judicial sidered all year. We achieved those re- head that division, Viet Dinh, was con- nominees recommended to the Senate sults in 2001 with a controversial and firmed 96 to 1 only 1 month after he and sitting on the Executive Calendar was nominated, and only a week after confrontational Republican President awaiting consideration than the Senate he his nomination was reported by the after a mid-year change to a Demo- has confirmed all year. cratic majority in the Senate. We did committee. The three nominees to that Last week, the Senate was finally al- so in spite of the attacks of September office that succeeded Mr. Dinh—Daniel lowed to consider the nomination of 11; despite the anthrax-laced letters Bryant, Rachel Brand, and Elisebeth Judge Charlene Honeywell of Florida, sent to the Senate that closed our of- Cook—were each confirmed by voice but only after 4 weeks of unexplained fices; and while working virtually vote in a shorter time than Professor delays. She was confirmed without a around the clock on the USA PATRIOT Schroeder’s nomination has been pend- single negative vote, 88–0. The week be- Act for six weeks. By comparison, the ing. As Charlie Savage wrote in The fore, the Senate was finally allowed to Republican minority this year has al- New York Times this weekend: consider the nomination of Irene lowed action on only one-third that In addition, no one has been confirmed as Berger, who has now been confirmed as many judicial nominations to the Fed- head of the Justice Department’s Office of the first African-American Federal eral circuit and district courts as were Legal Policy, which helps vet judges; Mr. judge in the history of West Virginia. confirmed by this date in 2001. Obama’s nomination of Christopher Schroe- The Republican minority delayed con- Charlie Savage made this point in der for the position remains stalled in the Senate. sideration of her nomination for more The New York Times this past Sunday than 3 weeks after it was reported when he wrote: As chairman of the Judiciary Com- unanimously by the Judiciary Com- mittee, I treated President Bush’s By this point in 2001, the Senate had con- mittee. When her nomination finally firmed five of Mr. Bush’s appellate judges . . nominees better than the Republicans came to a vote, it was approved with- . and 13 of his district judges. Mr. Obama has had treated President Clinton’s. That out a single negative vote, 97–0. The received Senate approval of just two appel- effort has made no difference; Senate week before that the Senate was fi- late and four district judges. Republicans are now treating this nally allowed to consider the nomina- David Savage of the Los Angeles President’s nominees worse still. Dur- tion of Roberto A. Lange to the Dis- Times wrote if even starker terms yes- ing the 17 months I chaired the Judici- trict of South Dakota. The Republican terday: ary Committee in President Bush’s minority required 3 weeks before al- So far, only six of Obama’s nominees to the first term, we confirmed 100 of his judi- lowing consideration of that nomina- lower federal courts have won approval. By cial nominees. At the end of his Presi- tion after it was unanimously reported comparison, President George W. Bush had dency, although Republicans had run by the Judiciary Committee to the 28 judges confirmed in his first year in office, the Judiciary Committee for more than Senate. They also required 2 hours of even though Democrats held a narrow major- half his tenure, more of his judicial debate before allowing the Senate to ity for much of the year. nominees were confirmed when I was vote on that nomination. They, in fact, This is not for lack of qualified nomi- the chairman than in the more than 4 used less than 5 minutes of the time nees. There are eight judicial nomi- years when Republicans were in they demanded to discuss that nomina- nees, including Judge Hamilton who charge. tion and that came when the ranking have been reported by the Judiciary Last year, with a Democratic major- Republican on the Judiciary Com- Committee on the Senate Executive ity, the Senate reduced circuit court mittee spoke to endorse the nominee. Calendar. Had those nominations been vacancies to as low as 9 and judicial va- That nomination had the support of considered in the normal course, we cancies overall to as low as 34, even both Senator JOHNSON and Senator would be on the pace Senate Democrats though it was the last year of Presi- THUNE, a member of the Senate Repub- set in 2001 when fairly considering the dent Bush’s second term and a Presi- lican leadership. Ultimately, Judge nominations of our last Republican dential election year. That was the Lange’s nomination was confirmed 100– President. lowest number of circuit court vacan- 0. That follows the pattern that Repub- Another aspect of the Republican ob- cies in decades, since before Senate Re- licans have followed all year with re- struction is its refusal to consider the publicans began stalling Clinton nomi- spect to President Obama’s nomina- nomination of Professor Christopher nees and grinding confirmations to a tions. Schroeder to serve as the Assistant At- halt. In the 1996 session, the Repub- Last week, the Senate finally de- torney General for the Office of Legal lican-controlled Senate confirmed only bated the nomination of Judge Andre Policy at the Justice Department. Pro- 17 judges, and not a single circuit court Davis of Maryland to a seat on the fessor Schroeder has been stalled on nominee. Because of those delays and Fourth Circuit. He was confirmed 72–16. the Senate Executive Calendar by Re- pocket filibusters, judicial vacancies Sixteen Republican Senators voted in publican objection since July 28 since grew to over 100, and circuit vacancies favor of the nomination and 16 were op- it was reported by the Judiciary Com- rose into the mid-thirties. posed. As Senators, they may vote as mittee without a single dissenting Rather than continued progress, we they see fit. What was wrong was that vote. Professor Schroeder is a distin- see Senate Republicans resorting to they delayed Senate consideration of guished scholar and public servant who their bag of procedural tricks to delay that nomination for 5 months.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11419 The obstruction and delays in consid- ators and both were easily confirmed. Hamilton reasoned, could leave the constitu- ering President Obama’s judicial nomi- This nomination should be no different. tionally unacceptable impression that Indi- nations is especially disappointing I hope that Senators now considering ana lawmakers favored one religion above all others. Judge Hamilton explained in his given the extensive efforts by Presi- whether to even allow this nomination written opinion that the ruling did not ‘‘pro- dent Obama to turn away from the di- to be considered by the full Senate hibit the House from opening its session with visive approach taken by the previous heed the advice of Senator LUGAR, prayers if it chooses to do so, but will re- administration and to reach out to which he reiterated yesterday when he quire that any official prayers be inclusive Senators from both parties as he se- said: and non-sectarian, and not advance one par- lects mainstream, well-qualified nomi- [I] believe our confirmation decisions ticular religion.’’ Mr. Sessions also fails to nees. The President has done an admi- should not be based on partisan consider- note that the 7th Circuit reversed Judge rable job of working with Senators ations, much less on how we hope or predict Hamilton on procedural grounds and not be- a given judicial nominee will rule on par- cause it disagreed. from both sides of the aisle, Democrats There are probably not the 40 votes needed ticular issues of public moment or con- and Republicans. to block Judge Hamilton’s nomination from troversy. I have instead tried to evaluate ju- Professor Carl Tobias wrote about reaching the floor. We hope that Republicans dicial candidates on whether they have the in large numbers heed Mr. Lugar’s words of President Obama’s approach recently requisite intellect, experience, character and praise for Judge Hamilton’s record, intellect in a column that appeared in temperament that Americans deserve from McClatchy newspapers across the coun- and character and allow a vote—and then their judges, and also on whether they in- vote in favor of confirmation. In this in- try on October 30. He wrote: deed appreciate the vital, and yet vitally stance, a vote for Judge Hamilton will be a Obama has emphasized bipartisan out- limited, role of the Federal judiciary faith- vote to restore much needed comity and in- reach, particularly by soliciting the advice fully to interpret and apply our laws, rather tegrity to the process—qualities that the of Democratic and Republican Judiciary than seeking to impose their own policy next Republican president will greatly ap- Committee members, and of high-level party views. preciate when his nominees are considered. officials from the states where vacancies As other editorial pages across the Mr. LEAHY. Senator LUGAR believes arise, and by doing so before final nomina- country have already done, the Wash- tions. Judge Hamilton ‘‘is superbly qualified ington Post today urges Senate Repub- under both sets of criteria.’’ I agree. I He had it right when he wrote that licans to reject the distortions of Judge urge the Senate to reject these efforts the real problem lies not with Presi- Hamilton’s record, and to heed Senator and end this filibuster with a bipar- dent Obama or with his nominations LUGAR’s ‘‘words of praise for Judge tisan vote. but with the Republican Senate minor- Hamilton’s record, intellect and char- I suggest the absence of a quorum. ity. They are the principle cause of the acter and allow a vote, and then vote The PRESIDING OFFICER. The current, sorry record regarding Senate in favor of confirmation.’’ I could not clerk will call the roll. confirmation of this President’s out- agree more. The bill clerk proceeded to call the standing nominees. Mr. President, I ask unanimous con- roll. Federal judicial vacancies, which had sent that a copy of today’s editorial be Mr. SESSIONS. Mr. President, I ask been cut in half while George W. Bush printed in the RECORD. unanimous consent that the order for was President, have already more than There being no objection, the mate- the quorum call be rescinded. doubled since last year. There are now rial was ordered to be printed in the The PRESIDING OFFICER. Without 98 vacancies on our Federal circuit and RECORD, as follows: objection, it is so ordered. Mr. SESSIONS. Mr. President, how district courts, including 22 circuit [From The Washington Post, Nov. 17, 2009] court vacancies. There are another 23 much time remains on this side? GIVING HYPOCRISY A BAD NAME future judicial vacancies already an- The PRESIDING OFFICER. The Sen- nounced. Justice should not be delayed During the Bush administration, Repub- ator has a minute and a half remain- licans decried Democratic attempts to fili- or denied to any American because of ing. buster judicial nominees. Some went so far Mr. SESSIONS. All right. I will brief- overburdened courts, but that is the as to label such filibuster attempts unconsti- likely result of the stalling and ob- ly say that for the first time, I believe, tutional and threatened to exercise the ‘‘nu- in the history of the Senate, a number struction. clear option’’ to ban the procedural tool in of President Bush’s nominees were sys- Despite the fact that Senate Repub- nomination matters. tematically filibustered. At 30 different licans had pocket filibustered Presi- Yet now Republicans are threatening to times, cloture votes were required, and dent Clinton’s circuit court nominees, filibuster in an attempt to thwart confirma- some failed, so the nominee did not go Senate Democrats opposed only the tion of President Obama’s first judicial nominee, Indiana federal Judge David F. forward. That was unprecedented in most extreme of President Bush’s ideo- Hamilton. The Senate is scheduled to vote the history of the Senate. logical nominees and worked to reduce on cloture Tuesday on Judge Hamilton’s Now my colleagues say the dispute judicial vacancies. This is not an ex- nomination to the U.S. Court of Appeals for over that eventually got settled by the treme nominee. This is a nominee in the 7th Circuit. The prospect of a filibuster fact that a group of 14 Senators said: is made all the more ridiculous because the mold of Judge John Tinder, Presi- We need a compromise, and this is the dent Bush’s nominee to the Seventh Judge Hamilton has been rated ‘‘well-quali- fied’’ by the American Bar Association, en- compromise. You should not filibuster Circuit, also a well-respected district a Presidential judicial nomination un- court judge in Indiana who was unani- joys the support of both home state senators, including Republican Richard G. Lugar, and less there are extraordinary cir- mously rated ‘‘well-qualified’’ by the even wins praise from the conservative Fed- cumstances. American Bar Association. His nomina- eralist Society of Indiana. I opposed that. I have opposed filibus- tion was supported by both Senator Sen. Jeff Sessions of Alabama, ranking Re- ters before. But I do think since we LUGAR and Senator BAYH and was con- publican on the Judiciary Committee, has have had no debate on this nominee to firmed 93–0 just 84 days after the Judi- distorted Judge Hamilton’s record on the date, and this nominee has extraor- ciary Committee held a hearing on his trial court in an effort to rally the GOP cau- dinary statements in cases, and a cus. For example, Mr. Sessions, arguing that nomination. record that indicates to me a lack of When he testified in support of Judge Judge Hamilton is too liberal, cites a case in which Judge Hamilton struck down as un- commitment to following the law— Hamilton, Senator LUGAR thanked constitutional sectarian Christian prayers in even though he is a person with whom Senator BAYH for ‘‘the thoughtful, co- the Indiana state house but allowed those I have no problem as to character and operative, merit-driven attitude that that referred to Allah. Mr. Sessions points intelligence and ability, but I do not has marked his own approach to rec- out that the decision was overturned by the agree with his judicial philosophy— ommending prospective judicial nomi- court of appeals that Judge Hamilton now therefore, I believe this side cannot ac- nees’’ and his ‘‘strong support for hopes to join. quiesce to a precedent that says Demo- President Bush’s nominations of Judge But the senator fails to explain that Judge cratic Presidents can get their judges Tinder for the Seventh Circuit and of Hamilton documented that 41 of the 53 invo- cations during the 2005 session of the Indiana confirmed with 51 votes; but if a Re- Judge William Lawrence for the South- House were given by Christian clergy; nine publican President nominates a nomi- ern District of Indiana.’’ I supported were delivered by elected officials; one each nee, he has to have 60 votes. both of those nominees with the en- was said by a Muslim imam, a Jewish rabbi The PRESIDING OFFICER. The time dorsement of both of Indiana’s Sen- and a layperson. Such a lopsided tally, Judge is expired.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11420 CONGRESSIONAL RECORD — SENATE November 17, 2009 Mr. SESSIONS. So I think we have The Federalist Society of Indiana, a in the Senate’s power as outlined in changed the rule, unfortunately. I strongly conservative institution—and our Constitution to advise and give its think based on this situation, I will that is an understatement—acknowl- consent to the President’s nominations ask my colleagues not to support clo- edges that Judge Hamilton is well to the Federal bench. ture. within the mainstream of the law. The Going to law school was a very good I yield the floor. American Bar Association has rated experience for me. It was not like un- Mr. LEAHY. Mr. President, I ask for him as high as anyone can be rated. dergraduate school. It wasn’t how the yeas and nays. The solitary decision of his, that is, much you could memorize. For those of Mr. REID. I suggest the absence of a Judge Hamilton, with which the Re- us who endured law school, we did quorum. publicans claim to find fault is one in more than learn about obscure facts The PRESIDING OFFICER. The which Judge Hamilton stood for the and learn rigid legal rules; we analyzed clerk will call the roll. separation of church and state, a prin- the abstract thinking behind our laws The bill clerk proceeded to call the ciple protected by the first words of and the logic out of which our great ju- roll. our Constitution’s first amendment. dicial system grew. That is what law Mr. REID. Mr. President, I ask unan- The reason most Republicans object school is all about. That is what law- imous consent that the order for the to advancing his nomination has noth- yers train to do—think abstractly lots quorum call be rescinded. ing to do with Judge Hamilton himself of times. The PRESIDING OFFICER. Without and everything to do with pure par- One of the very first principles I objection, it is so ordered. tisanship. Such shortsightedness is the learned in law school—and I still have Mr. REID. Mr. President, I am going reason why, even though the Judiciary it in my mind—was following prece- to use some leader time now to speak Committee approved Judge Hamilton dent. I believe in what we call stare de- on a matter that will shortly be before back in early June—he was nominated cisis. It is how we maintain consist- the Senate. in April—he has had to wait 166 days ency in our court rulings, and it is a As I indicated to you, the Chair, we for this procedural vote and it has had cornerstone of the common law we will vote on advancing the nomination to be forced upon the Senate. We have brought over from Great Britain when of a man named David Hamilton, a su- a lot of things to do here in this body. we became a country. Precedent is a premely qualified individual who is al- It is very unfortunate we had to file simple notion: Once a rule has been es- ready a district court judge from the cloture on a judge. tablished, we must apply that standard State of Indiana. He has been an out- Judge Hamilton is far from the first to all future cases in which the facts standing trial court judge, and he has victim of this partisan strategy to slow are similar to the first. This concept been nominated by President Obama to and stall the Senate. We have had that predates our courts, our Constitution, be a judge in the Seventh Circuit. But, happen over 90 times already this year. and even our country. Every aspiring as many have heard here over this last In fact, Republican Senators have lawyer studied it and every judge con- hour or so—and you might have made a habit of objecting to the least siders it when deciding a case. The future of that same legal system guessed simply if you have followed the objectionable nominees of President rests before the Senate today. In the Senate over the last 2 years—Repub- Obama’s. The Senate has so far con- Senate, as in the law, what we say in licans would rather we didn’t vote on firmed six judges for the court of ap- this Chamber and in the public record this man, ever. They would rather that peals and the district court. Five of should set the precedent for our own a critical seat such as this remain them were reported out of committee actions. That is why the Parliamentar- empty, but not because of who was by voice vote. That means they were so obviously qualified that the committee ians who serve us so well understand nominated to fill that seat; Judge didn’t even feel the need to have a roll- the precedents. We ask them a ques- Hamilton’s professional performance call vote. When they reached the Sen- tion, and they follow the precedent. has been exceptional. His qualifica- ate floor, four of those five passed Here is what has been decided in the tions are stupendous. He is widely ad- unanimously by votes of 88 to 0, 97 to 0, Senate previously. The record is re- mired on all sides because of his stellar 99 to 0, and 100 to 0. Yet Republicans plete with my Republican colleagues— judicial performance and his fair judi- forced us to wait, wait, and wait for all including Members of the Republican cial philosophy. Senators from that of those votes in the first place. They leadership today and the Judiciary State, Democrat EVAN BAYH and the did so for no other reason than to Committee—speaking about the sol- Republican, the long-serving Senator waste the American people’s time. emn responsibility of the Senate to RICHARD LUGAR, strongly urge con- I was stunned to hear my friend from confirm judges. In other words, the firmation. He is a man who is re- Alabama say we haven’t had enough record is replete with precedent. spected. time to debate this man. We have of- For example, my counterpart, the It is unusual that we would have the fered consent agreements, we have distinguished Senator from Kentucky, Republicans focus on one opinion he talked to everyone: How much time do the Republican leader, has argued wrote dealing with religion. No one you want? You can have it. We haven’t strongly that the present judicial nom- should ever second-guess this man’s re- had a debate on this nominee because ination deserves a simple up-or-down ligious capacity. we had to file cloture. The Republicans vote. He reminded the Senate of that He served as the attorney for Gov. didn’t want a debate on it. This is how not long ago; in fact, it was May of EVAN BAYH. His father is a 40-year min- the Republicans have forced the Senate 2005. He said that our job is to give our ister of a large Methodist Church in In- to operate. It is not how it always advice and consent and not, as he put dianapolis in which Judge Hamilton works or how it should work. When it in May 2005, and I quote, ‘‘advise and was baptized. Senator LUGAR, the Re- President Bush was in office, as we obstruct.’’ I agree. Two years earlier, publican senior Senator from Indiana, have heard the distinguished chairman my distinguished counterpart said that has called Judge Hamilton exactly the of the committee say on many occa- filibustering judges—which is exactly kind of person one would want to see sions, the Democratic majority in the what is happening right now at a on the Federal bench. He has called Senate confirmed three times as many record pace—is ‘‘a terrible precedent.’’ him brilliant, fair, and committed to nominees as we have been able to con- I sincerely hope the Republican leader the law. I agree. firm in the same amount of time under heeds his own words and doesn’t repeat I have had the good fortune to serve President Obama. the very obstruction he condemned in in Congress with his uncle, Lee Ham- Let’s be clear. We are not yet voting the past. ilton, a longtime-serving Member of on whether to confirm Judge Hamilton The ranking member of the Judiciary the House of Representatives from In- for this important position. Our votes Committee, the junior Senator from diana, the chairman of the Foreign Af- today simply indicate whether we be- Alabama, has also rightly called the fairs Committee—really a good person. lieve the judge, Judge Hamilton, de- filibustering of judicial nominations Being a good person and being involved serves an up-or-down vote before the ‘‘obstructionism,’’ and that is his word. in public service runs in that family, full Senate. He has said it is ‘‘very painful,’’ and he obviously, because of Judge Hamilton The votes of each Senator today will has described it as ‘‘a very, very grim and Chairman Lee Hamilton. demonstrate whether he or she believes thing.’’ He is right.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11421 The Senator from Alabama went fur- forcing supermajorities to confirm serve to be confirmed or rejected based ther to say the following: nominees—which is what a filibuster on their judicial philosophy, their ex- We ought to be pleased that a nominee has does—is inappropriate. perience, moral turpitude, and what- cared enough about his or her country to Another Republican Senator, the sen- ever else people decide they don’t speak out about issues that come before the ior Senator from Idaho—and by the like—their looks or they are too old or country. way, his brother was a law school pro- too young, whatever. But it should be I agree. I share the belief that those fessor at Brigham Young University, on that person’s qualifications as seen who have chosen to serve our Nation where my son-in-law went to law by the individual Senators. must be able to get to work without school. My son-in-law has a wonderful The question is whether Senators delay. I hope the gratitude of the Sen- mind, and he said he was the best pro- who publicly demand up-or-down votes ator from Alabama will be reflected in fessor he ever had and the smartest he when it is politically convenient will his vote this afternoon. ever had. Unfortunately, he died as a follow the precedents they set for The Republican whip, the junior Sen- very young man. The senior Senator themselves, even when it is not. The ator from Arizona, has expressed simi- from Idaho said: ‘‘It turns the Con- vote we are about to hold will give us lar disgust with judicial filibusters stitution on its head and begins a very that answer. I hope we will have a such as the one we are seeing today. In dangerous precedent with regard to large vote on being able to proceed to November of 2003, he said: how the nominees for the judicial this nomination, and I hope we don’t branch are treated by the Senate.’’ It is time to take politics out of the con- get into this situation where, out of He talked about what a filibuster firmation process, give nominees the up-or- spite—because there has always been does. Again, my Republican friends are down vote they deserve, and move the or- plenty of time to debate this man— derly process of justice forward. right. I hope the Senators from Idaho and Kansas will make sure filibusters postcloture we have to wait 30 hours to He, too, is right. I hope the Senator confirm the nomination. That would from Arizona will consider that orderly still have no place in the confirmation process, and I hope they don’t make not look good for this body, and I hope process when he votes on advancing it is not necessary. Judge Hamilton’s nomination a few such a practice precedent. They can do minutes from now. so by voting yes today. Mr. President, have the yeas and The senior Republican Senator from Every single Senator may vote either nays been ordered? Utah, who has served as chairman of for or against the nomination as he or The PRESIDING OFFICER. They the Judiciary Committee three sepa- she sees fit. That right will never be in have not. rate times and still sits on that distin- jeopardy. But that is not the issue be- Mr. REID. I ask for the yeas and guished panel, also spoke out strongly fore us today. The question before us is nays. against filibustering judges. He said in whether the President of the United The PRESIDING OFFICER. Is there a 2005 that doing so ‘‘undermines democ- States deserves to have his nominees sufficient second? There is a sufficient racy, the judiciary, the Senate, and the reviewed by the Senate, as the Con- second. stitution demands he does. Constitution.’’ And it does. I hope the The yeas and nays were ordered. Senator from Utah doesn’t contribute I feel so strongly about what took CLOTURE MOTION to such affronts by voting no today. place a few years ago. We could go back Another Republican Senator, the sen- and debate whether President Bush’s The PRESIDING OFFICER. Under ior Senator from Iowa, who also serves nominations—whether he should have the previous order, the clerk will re- on the Judiciary Committee, warned in gotten more than what he did. We port the motion to invoke cloture. 2003 that filibustering judges would know he got hundreds of them. As I The bill clerk read as follows: said on the floor, the point is, what the lead to ‘‘a constitutional crisis.’’ I CLOTURE MOTION Republicans were going to do—a very agree with him. I hope he helps us slight majority—is they were going to We, the undersigned Senators, in accord- avert a filibuster and avoids a crisis by do away with precedent, with filibus- ance with the provisions of rule XXII of the voting yes today for Judge Hamilton. ters in the Senate. I said at that time, Standing Rules of the Senate, hereby move Another Republican Senator, the jun- to bring to a close debate on the nomination if they did that and I ever came into a ior Senator from Texas, who served on of David F. Hamilton, of Indiana, to be a position of authority, I would never re- the Judiciary Committee and was a su- United States Circuit Judge for the 7th Cir- verse it. I felt that strongly about it. If preme court justice in Texas, said in cuit. the Republicans would make us do 2006 he hopes the filibuster of judicial Harry Reid, Herb Kohl, Sheldon what I think is wrong—that is, vote on Whitehouse, Richard J. Durbin, Ben- nominees ‘‘should never happen again, cloture on all these nominations—it jamin L. Cardin, Patty Murray, Mark and that all nominees of a President will take a lot of time and it is not Begich, Kirsten E. Gillibrand, Mark R. are entitled to an up-or-down vote.’’ fair. We should not do that. Warner, Russell D. Feingold, Al That was a few years ago. He called I only say to my friends that very Franken, Roland W. Burris, Dianne what Republicans are doing today ‘‘an few judges were held up by the Demo- Feinstein, Patrick J. Leahy, Barbara abomination’’ and ‘‘the most virulent Boxer, Charles E. Schumer, Edward E. crats when we were in the minority. Kaufman. form of unnecessary delay one can Some were held up. Regardless, when I imagine.’’ The same Senator also said took this job in 1998—when I was elect- The PRESIDING OFFICER. By unan- on the Senate floor that he finds it ed to a leadership position—I said we imous consent, the mandatory quorum ‘‘simply baffling that a Senator would should treat the Republicans as we call is waived. vote against even voting on a judicial would like to be treated, which is the The question is, Is it the sense of the nomination.’’ I find it baffling, also. I Golden Rule. When we got the major- Senate that debate on the nomination sincerely hope the Senator from Texas ity, I said the same thing. That is how of David F. Hamilton, of Indiana, to be will not delay us unnecessarily by sup- I feel about it. Let’s go by the Golden a U.S. circuit judge for the Seventh porting his party’s filibuster. I could go Rule in the Senate. Let’s treat judicial Circuit, shall be brought to a close? on with a lot more quotes. It was inter- nominees the way they would want The yeas and nays are mandatory esting this morning. I listen to Na- them treated if the roles were reversed. under the rule. tional Public Radio. There was a nice I hope we can do that. The clerk will call the roll. piece on there talking about what the That is not the issue before us today. The bill clerk called the roll. Republicans are doing here, and it had The issue today is whether the Presi- the actual voices of the Senators. I dent of the United States deserves to Mr. KYL. The following Senator is cannot give the voices, but that was have his nominees get a vote up or necessarily absent: the Senator from done on public radio, where they had down. The question before us is wheth- Texas (Mrs. HUTCHISON). the voices of the Senators saying er the President deserves to have his The PRESIDING OFFICER. Are there things such as I have read today. nominees reviewed by the Senate, as any other Senators in the Chamber de- I could go on and on. For example, the Constitution demands he does. siring to vote? another Republican Senator, the senior The question before the Senate is The result was announced—yeas 70, Senator from Kansas, has said that whether the nominees themselves de- nays 29, as follows:

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11422 CONGRESSIONAL RECORD — SENATE November 17, 2009 [Rollcall Vote No. 349 Ex.] Senate then proceed to vote on passage helped the super rich, the total cost YEAS—70 of the bill. came to $1.35 trillion over 10 years. Akaka Franken Murkowski The PRESIDING OFFICER. Without That is more than $300 billion more Alexander Gillibrand Murray objection, it is so ordered. than our health care reform bill, and it Baucus Gregg Nelson (NE) (The amendment (No. 2785) is printed provided significant benefits to far Bayh Hagan Nelson (FL) in today’s RECORD under ‘‘Text of Begich Harkin Pryor fewer Americans. Bennet Hatch Reed Amendments.’’) More than half of the current Repub- Bingaman Inouye Reid Mr. REED. I suggest the absence of a lican caucus was serving in the Senate Boxer Johnson Rockefeller quorum. Brown Kaufman at the time of this vote. Did they try to Sanders Burris Kerry The PRESIDING OFFICER. The block the bill? Did they stand up and Schumer Byrd Kirk clerk will call the roll. say: $1.3 trillion for the super rich— Cantwell Klobuchar Shaheen Snowe The legislative clerk proceeded to that is wasteful, irresponsible, and far Cardin Kohl call the roll. Carper Landrieu Specter too costly? No, they did not. Casey Lautenberg Stabenow Mr. BURRIS. I ask unanimous con- When President Bush called, they an- Chambliss Leahy Tester sent that the order for the quorum call swered. My Republican friends voted in Thune Collins Levin be rescinded. favor of this massive spending pro- Conrad Lieberman Udall (CO) The PRESIDING OFFICER. Without Cornyn Lincoln Udall (NM) gram, even though it added more than Dodd Lugar Warner objection, it is so ordered. $1 trillion to the deficit. Dorgan McCaskill Webb Mr. BURRIS. I ask unanimous con- Many of the same people now want to Durbin Menendez Whitehouse sent to speak as in morning business. put the brakes on a deficit-neutral Feingold Merkley Wyden Feinstein Mikulski The PRESIDING OFFICER. Without health care reform bill designed to help objection, it is so ordered. NAYS—29 millions of ordinary Americans. HEALTH CARE REFORM Later in 2003, just as this country Barrasso DeMint McCain Mr. BURRIS. Mr. President, as I ad- Bennett Ensign McConnell began to spend hundreds of billions of Bond Enzi Risch dress this Chamber today, there is a dollars to conduct two wars, President Brownback Graham Roberts broad consensus across the country Bush asked for yet another tax cut. Bunning Grassley Sessions that our health care system is broken. Burr Inhofe This tax cut also benefited the richest Shelby It simply doesn’t work for Americans of the rich and added $330 billion more Coburn Isakson Vitter Cochran Johanns Voinovich anymore. Everyone agrees that we to the deficit. Corker Kyl Wicker need real comprehensive health care But did my distinguished Republican Crapo LeMieux reform. In order to accomplish this, I colleagues urge fiscal responsibility? NOT VOTING—1 believe we must include a strong public Did they demand that the President ex- Hutchison option to restore competition, cost sav- plain how he would finance the wars or The PRESIDING OFFICER. On this ings, and accountability to the health balance the budget before they voted vote the yeas are 70, the nays are 29. care insurance industry. In fact, I have on another massive tax cut? No, they Three-fifths of the Senators duly cho- stated before that I will not vote for did not. Their vocal support for fiscal sen and sworn having voted in the af- any reform measure that fails to in- responsibility was nowhere to be found. firmative, the motion is agreed to. clude a strong public option. Once again, they voted overwhelmingly Mr. CARDIN. I suggest the absence of A few of my colleagues are still not for the second round of tax cuts. a quorum. convinced. Some have honest ques- Yet as I address this Chamber today, The PRESIDING OFFICER. The tions. But there are others who are not a few of the same Senators are doing clerk will call the roll. interested in winning this argument on everything they can to stop us from The legislative clerk proceeded to the merits. A few of my colleagues passing health care reform. call the roll. across the aisle are trying to stop this I would urge the American people to Mr. REED. I ask unanimous consent Congress from passing any health care consult the record for themselves. The that the order for the quorum call be reform at all. Some of my distin- same voices that now oppose extending rescinded. guished Republican friends have said health care coverage actually sup- The PRESIDING OFFICER. Without our proposals are simply too expensive. ported spending significantly more objection, it is so ordered. They say a trillion dollars is too high money to pad the bank accounts of the UNANIMOUS CONSENT AGREEMENT—S. 1963 a price to pay for a better health care richest people in this country. Mr. REED. Mr. President, I ask unan- system. It is the same story for expensive imous consent that upon disposition of I beg to differ. We already pay far too programs such as Medicare Part D. the nomination of Judge David Ham- much for health care. Our reform bill More than half of the Republicans still ilton and the Senate resuming legisla- would reduce costs over the long term. in the Senate voted for $400 billion of tive session that the Senate then pro- It would allow consumers to hold in- new spending back in 2003. Almost all ceed to the consideration of Calendar surance companies accountable for the of these distinguished Senators voted No. 190, S. 1963, Veterans Health Care first time in many years. It would re- time and again to fund the ongoing Initiatives, and that the bill be consid- store real competition to markets that wars in Iraq and Afghanistan, which ered under the following limitations: are currently monopolized by a few big have cost the American taxpayers that general debate on the bill be lim- corporations. It would accomplish all more than $1 trillion and far too many ited to 30 minutes equally divided and of that without adding to the budget American lives. controlled between Senators AKAKA deficit. Yet my colleagues continue to I do not mean to suggest every single and BURR or their designees; that the insist that health care reform would be one of these spending programs was a only amendment in order be a Coburn too expensive. Despite the number of bad idea. But I would like to point out amendment regarding funding prior- Americans suffering under our broken that when my Republican colleagues ities which is at the desk and that it be system, they want to talk about fiscal talk about ‘‘fiscal responsibility,’’ they printed in the RECORD once this agree- responsibility instead of health care re- are talking about an issue on which ment is entered; that debate on the form. My Republican friends have sim- they have lost their credibility. They amendment be limited to 3 hours, with ply lost their credibility when it comes recklessly added trillions of dollars to 2 hours under the control of Senator to this issue. They say they would not the deficit under a Republican Presi- COBURN and 60 minutes under the con- support reform that will save lives and dent, but today they oppose health trol of Senator AKAKA or his designee; improve health outcomes for millions care reform even though it will be paid that upon the use or yielding back of because it costs too much. Yet under a for by cost offsets. Their actions sim- all time, the Senate proceed to vote in Republican President, they were will- ply do not match their words. They are relation to the Coburn amendment; ing to write bigger and bigger checks placing cynical politics ahead of good that upon disposition of the Coburn to benefit the wealthy. policy. amendment, the bill, as amended, if In 2001, when President Bush asked So I have a question for my Repub- amended, be read a third time, and the Congress to pass tax cuts that mostly lican friends who have been Members

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11423 of this Senate since 2001: If they sup- Hamilton to be a Seventh Circuit Ap- his own personal beliefs when sen- ported almost $2 trillion of deficit peals Court judge. I have serious con- tencing criminal defendants. Example: spending for tax relief for the rich, cerns about this nomination and will In the 2008 case U.S. v. Woolsey, Judge then, I ask them, exactly how much be voting not to confirm him. Hamilton disregarded an earlier con- are we allowed to spend for health care During his time as a Federal judge on viction in order to avoid imposing a that will benefit millions of people the U.S. District Court for the South- life sentence on a repeat drug offender. across this country? ern District of Indiana, Judge Ham- The Seventh Circuit reversed the deci- Mr. President, 45,000 Americans die ilton has issued a number of highly sion, admonishing Judge Hamilton, every single year because they do not controversial rulings and, more impor- specifically stating that he was ‘‘not have insurance and cannot get the tantly, has been reversed in some very free to ignore’’ prior conviction be- quality care they need. Without com- prominent cases. In my opinion, these cause ‘‘statutory penalties for recidi- petition in the industry, insurance decisions strongly indicate that Judge vism . . . are not optional, even if the companies have raised premiums, de- Hamilton is an activist judge who will court deems them unwise or an inap- nied benefits, and refused coverage to ignore the law in favor of his own per- propriate response to repeat drug of- millions. So I ask my colleagues: How sonal ideology and beliefs. fenders.’’ much is too much for this Congress to For example, in one case, Judge In another case, U.S. v. Rinehart, spend to save these lives? Hamilton succeeded in blocking en- Judge Hamilton used his court opinion My colleagues like to talk about re- forcement of an informed consent law to request clemency for a police officer sponsibility, so I put it to them that for 7 years. In that case, called A Wom- who pled guilty to two counts of pro- the only responsible course of action is an’s Choice v. Newman, Judge Ham- ducing child pornography. In this case, to pass this health care bill, and pass it ilton struck down an Indiana law re- the police officer had engaged in and now. That is the reaction we need. quiring that certain medical informa- videotaped ‘‘consensual’’ sex with two Unfortunately, there are some in this tion be given to a woman in person be- teenagers. Chamber who are not interested in ad- fore an abortion can be performed. The In addition, in writings and speeches, dressing the issue of health care re- Seventh Circuit overruled Judge Ham- Judge Hamilton has indicated that he form. There are some who do not want ilton’s decision, stating: approves of the concept that judges to have an honest, open debate on the For 7 years, Indiana law has been pre- should make policy from the bench. subject. They want to kick the can fur- vented from enforcing a statute materially For example, he has embraced Presi- ther down the road, as our predecessors identical to a law held valid by the Supreme dent Obama’s empathy standard, a have done time and time again for the Court in Casey, by this court in Karlin, and standard so radical that even the new by the Fifth Circuit in Barnes. No court any- last 100 years. where in the country (other than one district Supreme Court Justice Sotomayor had That would be the easy answer—to judge in Indiana) has held any similar law to rebuke it at her confirmation hear- leave it to someone else to solve the invalid in the years since Casey . . . Indiana ings. In response to written questions difficult problem of health care reform (like Pennsylvania and Wisconsin) is entitled for his confirmation hearing, Judge after the problem has gotten even to put its law into effect and have that law Hamilton answered this way: worse, to settle for the status quo or judged by its own consequences. Federal judges take an oath to administer put a band-aid on a gaping wound and That was the circuit court over- justice without respect to persons, and to do hope that future legislators will mus- turning Judge Hamilton. It seems to equal right to the poor and to the rich. Em- ter the political will that a century of me that Judge Hamilton went out of pathy—to be distinguished from sympathy— lawmakers has lacked. There are some his way to make his finding and actu- is important in fulfilling that oath. Empathy in this body who would settle for this. ally block the Indiana law. That is not is the ability to understand the world from the proper role of a judge. another person’s point of view. A judge needs But I believe the American people de- to empathize with all parties in cases—plain- serve better. Especially in difficult In addition, Judge Hamilton has tiff and defendant, crime victims and ac- times, they demand better of their rep- shown hostility against the expression cused defendant—so that the judge can bet- resentatives in Congress. So I say to of religion in the public square. In two ter understand how the parties came to be my colleagues, as great leaders have prominent cases, he ruled against pub- before the court and how legal rules affect said to us time and time again lic prayer in the State legislature and those parties and others in similar situa- throughout our history: Let’s seize this religious displays in public buildings, tions. moment to do what is right, not what and in both cases he was reversed. In To empathize with the parties is not is easy. Let’s summon the will to suc- the case of Hinrichs v. Bosma, Judge the proper role of a judge. Rather, the ceed where others have failed. Hamilton enjoined the speaker of the proper role of a judge is to apply the It is time to deliver on meaningful Indiana house of representatives from law to the facts in an impartial man- health care reform. It is time for com- permitting sectarian prayer. Judge ner, and that is what we refer to as petition, cost savings, and account- Hamilton ruled that the Indiana State blind justice. ability in the insurance industry. It is legislature was prohibited from start- Further, in a 2003 speech, Judge Ham- time to be honest with the American ing its session with prayers, specifi- ilton endorsed the idea that the role of people. cally those that expressly mentioned a judge includes ‘‘writing footnotes to Friends, colleagues—Republicans and Jesus Christ, but that it would be per- the Constitution’’ through evolving Democrats—this is no time for partisan missible for a prayer to mention Allah. case law. He said: games and empty rhetoric. This is time The Seventh Circuit overturned Judge Judge S. Hugh Dillin of this court has said for action. Millions of Americans are Hamilton’s decision in Hinrichs, and that part of our job here as judges is to write counting on us to make health care re- subsequently the Indiana house passed a series of footnotes to the Constitution. We form a reality, and we must not let a resolution 85-to-0 opposing Judge all do that every year in cases large and them down. I will say that again. We Hamilton’s ruling. small. must not let them down. Then in Grossbaum v. Indianapolis- Oddly enough, the last time I Mr. President, I yield the floor. Marion County Building Authority, checked, it was the role of Congress to I suggest the absence of a quorum. Judge Hamilton ruled that a county write laws, not the judicial branch. The PRESIDING OFFICER. The could prohibit the display of a menorah Judge Hamilton’s personal bias has clerk will call the roll. in a nonpublic forum. The Seventh Cir- been noted by lawyers who practice be- The legislative clerk proceeded to cuit unanimously reversed Judge Ham- fore him. In fact, statements of local call the roll. ilton, noting that the judge disregarded practitioners in the Almanac of the Mr. GRASSLEY. Mr. President, I ask relevant Supreme Court precedent to Federal Judiciary described Judge unanimous consent that the order for reach his ruling and that he failed to Hamilton as ‘‘the most lenient of any the quorum call be rescinded. recognize a rabbi’s first amendment judges in the district.’’ Another quote: The PRESIDING OFFICER. Without right to display the menorah as sym- ‘‘One of the more liberal judges of the objection, it is so ordered. bolic religious speech. district.’’ Another quote: ‘‘Goes out of Mr. GRASSLEY. Mr. President, I op- Judge Hamilton also ignored clear his way to make the defendant com- pose the nomination of Judge David statutory mandate so he could impose fortable.’’ Another quote: ‘‘He is your

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11424 CONGRESSIONAL RECORD — SENATE November 17, 2009 best chance for downward departures.’’ As you know, I have three small Next week, American families will Lastly, ‘‘in sentencing, he tends to be boys, Max, Taylor, and Chase, 6, 4, and gather around dinner tables in celebra- very empathetic to the downtrodden, 2, and a baby on the way. We worry for tion of Thanksgiving. or to those who commit crimes due to their future—just like Americans Thanksgiving is a time for coming poverty.’’ across this country and my fellow Flo- together. In earlier ages, members of Contrary to how the White House has ridians are worrying for the future of an extended family usually resided in tried to characterize Judge Hamilton, I their children. How can we afford this close proximity to one another. Today, believe that the record amply dem- and continue to spend more than we however, the typical American family onstrates that Judge Hamilton is an have? is spread across the country, with activist judge. He has taken radical po- I have been coming to the floor week- members far in distance even if close in sitions, and a number of his rulings in- ly to talk about the various appropria- spirit. dicate that Judge Hamilton will im- tion bills I have been voting on—and, Americans of all backgrounds and pose his own personal beliefs and val- frankly, voting against—because they from all walks of life will be travelling ues in cases. We should not promote an spend more and more of the people’s long distances to be with their loved individual whose track record clearly money and put this country further ones. It is no wonder that Thanks- demonstrates that he will carry out an into debt. giving weekend is one of the busiest outside-of-the-mainstream personal Today, we have marked this occasion travel periods of the year. agenda on the Federal appeals court. with $12 trillion in debt—an amount of Tens of millions of us will be driving, For these reasons, I will oppose the money that is hard to fathom, an flying, and taking trains or ferries next nomination of Judge Hamilton to the amount of money that is so large it is week. For some it will be stressful, for Seventh Circuit. If he was going to hard to comprehend. But we know that others exciting. Most, though, will do serve on a circuit, as many times as he every family in America is now respon- it without even realizing how much has been overruled, it would be more sible—every household—for $107,000. work goes into keeping American trav- appropriate for him to be on the Ninth That debt now rides upon their shoul- Circuit, where a lot of those decisions elers safe. ders. The Department of Transportation on appeal are overturned by the Su- In a week—perhaps even this week— preme Court—about 9 times out of 10. employee whose story I will share Democrats in the Chamber are going to today has been instrumental in ensur- I yield the floor. introduce a health care reform bill that The PRESIDING OFFICER. The Sen- ing the safety of those who travel. But is estimated to spend another $1 tril- before I tell you about this outstanding ator from Florida is recognized. lion. This bill will raise taxes, cut Mr. LEMIEUX. Mr. President, I ask public servant, I want to reflect on how Medicare, and increase premiums—an- unanimous consent to speak as in important transportation is for Amer- other large governmental program, morning business. ica. when we cannot afford the programs we The PRESIDING OFFICER. Without From its humble beginnings, ours has have. We should focus on spending the objection, it is so ordered. been a Nation on the move. In George money we have, spending it more effi- NATIONAL DEBT Washington’s day, their mercantile ciently and effectively, before we go on Mr. LEMIEUX. Mr. President, the spirit drove our founding generation to to create a new program, a new bu- clock has struck 12 on a $12 trillion dig canals and clear roads across the reaucracy, and more obligations than debt. Like Cinderella when she was re- Appalachians. Steamships and rail- we can afford. vealed when the clock struck 12, this roads fueled the expansion across the The Congressional Budget Office esti- Congress is now revealed—revealed for West and helped close the frontier. Air mates that the health care plan being the problem it has in spending more travel in the last century brought brought forth by the Democrats in this than we can afford. We are being a every corner of our 50 States ever clos- Chamber will spend 24.5 percent of body and an institution that spends er and opened new opportunities for GDP, 19 percent in revenue only. So we money without thinking about the fu- the growth of business and tourism. have 19 percent in revenue, but 24.5 per- ture of this great country. It spends This march of progress in transpor- the money of our children and our cent of GDP, which is a huge unsustainable gap. It was recently re- tation technology has not been a grandchildren. smooth ride. When the railroads were It took this country 193 years to ported that the deficit for October alone is $176 billion—$26 billion more new, train wrecks were fairly common. spend a trillion dollars and to get a In fact, President-Elect Franklin trillion dollars into debt. We are now than estimates by economists. In fact, the debt increased by $40 billion just Pierce was en route to Washington for $12 trillion into debt as of today. That his inauguration when his train de- $12 trillion is the equivalent of $40,000 over this past weekend. Our spending is out of control. The railed, tragically killing his 11-year-old per person, $107,000 per household. This son. is what American families are now re- Federal Government does not recognize Travel by ferry or steamship on our sponsible for, because unlike American it. This Congress cannot afford the pro- rivers and lakes was far from safe in families who sit around their kitchen grams it has, let alone the programs it those days. For pioneer families, roads tables and try to make ends meet, and wants. So I am here to sound the were often impassible during winter- unlike the States that have to balance alarm. I could not let this day pass as time, and many lost their lives just their budgets, this Congress spends we hit this $12 trillion mark in na- trying to get to the West. While air more than it has. There is no evalua- tional debt. travel is the safest form of transpor- tion in this Congress about how much I look forward to coming back to the money is being taken in versus how floor to explain again and again to the tation in our day, it was not always the much money we spend. American people that this is a problem case. Instead, we raised this year $1.4 tril- that must be solved. We cannot con- Making sure that our Nation’s lion in debt, more debt in a single year tinue to spend our children’s and ‘‘planes, trains, and automobiles’’ are than the past 4 years combined. grandchildren’s future. safe remains one of our highest prior- Outside this Chamber, outside the I yield the floor. ities. My home State of Delaware, like main entrance, is a clock, called the The PRESIDING OFFICER (Mr. every other State—like Montana—de- Ohio Clock—the fabled clock that has TESTER). The Senator from Delaware is pends on a top-notch transportation in- been in this institution for more than a recognized. frastructure to facilitate economic ac- hundred years. It stands there to tell Mr. KAUFMAN. Mr. President, I ask tivity, moving people and goods across the time. I suggest that standing next to speak as in morning business. markets. to that clock should be the debt clock The PRESIDING OFFICER. Without Travel can and should be a safe and to remind the Members of this Senate, objection, it is so ordered. fun experience. No one should ever and perhaps our friends in the House, IN PRAISE OF ANN AZEVEDO have to worry that the vehicles on our that we are spending money we cannot Mr. KAUFMAN. Mr. President, I rise roads, rails, rivers, or in our skies are afford to spend, and it is risking the fu- once more to honor an outstanding unsafe. That is where the hardworking ture of our children and grandchildren. Federal employee. men and women of the Department of

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11425 Transportation excel. They set and en- The PRESIDING OFFICER. Without with watching for warning signs among force regulations upholding the strict- objection, it is so ordered. soldiers on the front lines that could est standards in transportation safety. f signal long-term mental health prob- The great Federal employee I have lems. He is survived by his wife and MORNING BUSINESS chosen to recognize this week has been adult son. a leader on safety issues at the Trans- Mrs. MURRAY. Mr. President, I ask It is so tragic to think that these two portation Department’s Federal Avia- unanimous consent that the Senate people, who were trained to help fellow tion Administration for 12 years. proceed to a period of morning busi- servicemembers cope with the stress of Ann Azevedo came to the department ness, with Senators permitted to speak combat, were struck down when their in 1997 with nearly two decades of expe- for up to 10 minutes each. help is needed the most. These service- rience in the private sector. Working The PRESIDING OFFICER. Without members are really unsung heros of our from the FAA facility in Burlington, objection, it is so ordered. military today—the men and women MA, when she first started at the FAA, f who help other servicemembers deal Ann served as the risk analysis spe- FORT HOOD ATTACK with post traumatic stress disorder, cialist for the Engine and Propeller Di- which has skyrocketed since the start rectorate. Mr. FEINGOLD. Mr. President, it is of the wars in Iraq and Afghanistan. In her current role as chief scientific with great sadness that I wish to re- Both Staff Sergeant Krueger and Cap- and technical adviser for aircraft safe- member victims of the horrific shoot- tain Seager were truly selfless people ty analysis, Ann focuses on safety, risk ings at Fort Hood. This was a senseless who helped their fellow servicemem- management, and analyzing accidents. attack on innocent people who were bers through some very tough times. From the data she gathers, Ann is able serving their country. To know that to develop solutions to help prevent fu- Both were part of the 467th Medical De- these people, 12 servicemembers and 1 tachment, which is based in Madison, ture incidents. civilian, were taken from their families Regularly representing the FAA at WI. It is an outstanding unit doing in this way is very difficult to accept. much-needed work, and it is terrible national and international air safety I join with people across the country in round-tables, Ann has become a re- that the unit suffered these losses. mourning these tragic deaths. My spected voice among those engaged in I also want to say a few words about thoughts are with each and every one risk management analysis. She helped the four Wisconsinites who were in- of their families. write the training manuals for tur- jured at Fort Hood. At the recent me- As a Senator from Wisconsin, I do bofan and turboprop aircraft used morial at Fort Hood, which was such a feel a special duty to remember the across the industry, and she continues moving tribute to those who were to teach risk analysis at the FAA two Wisconsinites who were killed. killed, I had the privilege of meeting Academy. Both were extraordinary members of Specialist John Pagel, 28, of North Ann holds a bachelor’s degree in sys- our Armed Forces, and their deaths are Freedom, WI, who was also with the tems planning and management in ap- a terrible blow to all who knew them, 467th Medical Detachment. Specialist plied mathematics and a master’s of and to our State. Wisconsin takes so Pagel is married and has two children. science in mechanical engineering. much pride in its long traditon of mili- I also had the privilege of meeting When she was once asked how she tary service, and in the Wisconsinites SPC Grant Moxon, 23, of Lodi, WI, an- ended up in her chosen career field, who serve so bravely in the Armed other member of the 467th, who is a Ann cited her love of math and an in- Forces today. Wisconsin has already mental health specialist. Specialist fluential physics teacher in high lost so many servicemembers in recent Moxon graduated from UW-La Crosse. school. years—90 in Operation Iraqi Freedom He joined the military just last year Ann was awarded the Arthur S. and 12 in Operation Enduring Freedom. and had arrived in Texas one day be- Flemming Award for public service in We recently honored our veterans by fore the shooting incident. 2002 for developing safety solutions celebrating Veterans Day, and we are Both Sergeant Pagel and Specialist that resulted in a 64 percent decrease thinking of these men and women and Moxon were shot but are now both in the commercial aviation fatality the sacrifice they made, so to suffer doing well. rate between 1998 and 2002. She also these additional losses at this time is CPT Dorothy ‘‘Dorrie’’ Carskadon, 47, was honored as Distinguished Engineer simply tragic. of Madison, WI, is also a member of the of the Year by the American Society of SSG Amy Krueger from Kiel, WI, and 467th. Carskadon fought with the Army Mechanical Engineering in 1996. CPT Russell Seager from Mount Pleas- in Iraq during Operation Desert Storm Her work, and that of all her col- ant, WI, were both outstanding service- and then enlisted in the Army Reserve leagues at the FAA and other Trans- members, and their families and com- 2 years ago. She is a clinical social portation Department agencies, helps munities are heartbroken by their worker with the U.S. Army Reserve. ensure that travel in our country con- deaths. She was set to deploy to Iraq to coun- tinues to be as safe as possible. Staff Sergeant Krueger, who was just sel troops suffering from PTSD. She Most importantly, they facilitate the 29, joined the Army after the 2001 ter- was shot twice in the hip and under- smiles of those arriving safely at a rorist attacks. She had deployed pre- went an all-night surgery. Fortunately, journey’s end and seeing their loved viously to Afghanistan in 2003 and she is expected to make a full recovery. ones for the first time after weeks, helped soldiers dealing with combat Army PFC Amber Bahr, 19, of Ran- months, or even years apart. stress. Staff Sergeant Krueger arrived dom Lake, WI, with the 187th medical That remains a central element of at Fort Hood on November 3 and was battalion, has been at Fort Hood for a Thanksgiving, and I hope all Ameri- scheduled to be redeployed to Afghani- year working as an Army nutritionist. cans will join me in thanking Ann stan in December. She graduated from She was scheduled to deploy for the Azevedo and all the men and women of Kiel High School in 1998 and was very first time in January. In the midst of the Department of Transportation for proud to serve her country. About 500 the shootings, Bahr was putting a tour- their hard work keeping American family and friends gathered recently at niquet onto another soldier and helping travelers safe. They keep us, whether on the road, the Veterans Memorial Park in Kiel to him out of harm’s way before she dis- on the rails, at sea, or in the sky, mov- remember and pay tribute to Sergeant covered that she was shot herself. She ing ever forward. Krueger. was released Friday night from the I yield the floor and suggest the ab- CPT Russell Seager, 47, was a reg- hospital. sence of a quorum. istered nurse and advanced practice I think the conduct of Private First The PRESIDING OFFICER. The nurse prescriber who was with the pri- Class Bahr, and everyone at the base clerk will call the roll. mary care mental health integration who responded to the attack with such The assistant legislative clerk pro- program at Zablocki VA Medical Cen- heroism, says volumes about the men ceeded to call the roll. ter in Milwaukee. He also taught class- and women who serve today. I am so Mrs. MURRAY. I ask unanimous con- es at Bryant and Stratton College in proud of them, and so profoundly sad- sent that the order for the quorum call Milwaukee. As part of the combat dened by this attack. As the nation be rescinded. stress control unit, Seager was tasked grieves, we offer heartfelt thanks to all

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11426 CONGRESSIONAL RECORD — SENATE November 17, 2009 the brave servicemembers who so self- small thing, but if many of us join to- death, Anita took over as chairwoman lessly serve our country. gether in this effort, we can have a and chief executive officer of Hudson’s I yield the floor. large impact. And a large impact is Bay Company. She became the first f what we must have if we are to keep woman to hold the position in the com- our families and food pantries afloat pany’s 338-year history. VOTE EXPLANATIONS this year. Jerry is greatly admired for what he Mr. ISAKSON. Mr. President, I was According to the U.S. Department of did outside of the business world. Jerry unavoidably detained and not present Agriculture, last year more than 49 was a humble philanthropist. He gave for rollcall vote No. 341 on November 5, million Americans, including almost 17 millions of dollars to a wide range of 2009, rollcall votes Nos. 342 and 343 on million children, live in households charities, from his synagogue in November 9, 2009, and rollcall votes with either ‘‘low’’ or ‘‘very low’’ food Charleston to international medical Nos. 344 and 345 on November 16, 2009. I security, meaning that these house- missions. Anyone who reached out to ask that the record reflect that had I holds cannot keep healthy food on the him for help never went away with an been present I would have voted as fol- table without the assistance of Federal empty hand. And for every charitable lows: 1. Rollcall vote No. 341 on the programs or local emergency food pro- check Zucker wrote, he invested nu- confirmation of Ignacia S. Moreno, of viders. In my home State of New Mex- merous behind-the-scene volunteer New York, to be an Assistant Attorney ico, food insecurity impacts over 14 hours. He quietly and unassumingly de- General: ‘‘yea’’; 2. Rollcall vote No. 342 percent of the population. livered goodie baskets to holiday vol- on the confirmation of Andre M. Davis There are many efforts underway at unteers, helped the local Boy Scouts of of Maryland, to be U.S. Circuit Judge the Federal level and at the local level America’s Coastal Carolina Council, for the Fourth Circuit: ‘‘nay’’; 3. Roll- to build up the economy and create op- and served as chairman of the South call vote No. 343 on the confirmation of portunities for families to become Carolina Aquarium. Because of his im- Charlene Edwards Honeywell, of Flor- more financially stable. This resolu- pact on the Charleston community, ida, to be U.S. District Judge for the tion is just one reminder that there is North Charleston recently dedicated Middle District of Florida: ‘‘yea’’; 4. a need for assistance in each of our their newest middle school to Zucker’s Rollcall vote No. 344 on the Coburn communities, and that each of us can memory, naming it the Jerry Zucker amendment No. 2757, to require public and should take steps to confront hun- Middle School of Science. disclosure of certain reports: ‘‘yea’’; ger locally. Together with his wife Anita, he is and 5. Rollcall vote No. 345 on the f celebrated in South Carolina and Coburn motion to commit H.R. 3082 to around the Nation for his philanthropic the Committee on Appropriations; ADDITIONAL STATEMENTS and community endeavors, as well as Military Construction and Veterans Af- quiet leadership. His personal mission fairs Appropriations Act, 2010: ‘‘yea’’. HONORING JERRY AND ANITA was ‘‘repairing the world,’’ which he f ZUCKER implied to be a work in progress. I am confident Anita will continue this mis- FEED AMERICA DAY ∑ Mr. GRAHAM. Mr. President, I ask sion. Through Anita and the Zucker Mr. UDALL of New Mexico. Mr. my colleagues to join me in honoring Family Foundation, through his count- President, I am pleased to have worked the memory of a dedicated public serv- less gifts of wisdom, ingenuity, dollars, with Senator HATCH, and my other col- ant and leader, Jerry Zucker. I also ask and time, Jerry Zucker will continue leagues in the Senate to unanimously that we pay tribute to Jerry’s wife to repair the world. pass the Feed America Day resolution. Anita. After a lifetime of unprece- I ask that the Senate join me in com- Over the past several years, States, dented service to his State and Nation memorating Mr. Zucker’s lifelong dedi- cities, and communities throughout as a businessman and philanthropist, cation to the service of our country the country have declared the Thurs- Mr. Zucker passed away in Charleston, and to the State of South Carolina. day before Thanksgiving as Feed Amer- SC, on April 12, 2008, at the age of 58. The best tribute we can give to Jerry is ica Day. In observance of this day, citi- His death was a loss to Charleston and to continue his vision and follow in his zens are encouraged to sacrifice two the Nation. humble footsteps.∑ meals and donate the money they While he will be remembered by most f would have spent on food to a local re- as a successful businessman, I will re- ligious or charitable organization for member him as a larger-than-life fig- SIX BRAVE OKLAHOMANS the purpose of feeding the hungry. ure who donated generously and quiet- ∑ Mr. INHOFE. Mr. President, I would As the economic downturn has ly to many causes. Born in Tel-Aviv, like to take a moment to recognize the struck our nation, employment rates Isreal, Mr. Zucker came to the United courageous actions of six brave Okla- have dropped and more and more fami- States with his family in 1952. He grew homans. On August 25, 2009, in the lies have had to turn to food banks and up in Charleston, SC, and Jacksonville, evening hours of the day, these six other emergency food services to meet FL, and graduated from the University men, Daniel Richards, David Cox, Nick their day-to-day needs. Our emergency of Florida with a triple major in math- Niemann, Cody Click, Luck Tucker, food providers are being stretched to ematics, chemistry, and physics. He and Casey Johnson, saved a life. That their limits to try to meet the current later received a masters in electrical evening a call came in about a man demand for assistance. Vicki Metheny, engineering from Florida State Univer- having severe chest pains and possibly a constituent of mine who has run the sity in Tallahassee, FL. Zucker was a a heart attack at a residence in a rural food bank in San Juan County, NM for scientist and inventor before becoming area east of the town of Roland, OK. the last 18 years, told my office earlier a businessman. Over his lifetime he had Roland Fire Department first respond- this week that this is the first time in more than 350 inventions and patents, ers were paged to respond, and upon her years of service that she has been including his development of the pace- their arrival they found a male subject really worried about whether the food maker. lying on the ground not breathing. The bank will be able to keep up with the In 1983, he founded the InterTech six first responders immediately start- unprecedented need in local commu- Group, a global conglomerate special- ed CPR and hooked the individual up nities. A similar message is coming izing in fabrics and plastics for a range to an automated external defibrillator from food pantries and emergency food of uses. As founder, chairman, and and delivered a resuscitating shock providers across the country. chief executive officer of the company, from the AED. The first responders As we approach the Thanksgiving he helped grow the InterTech Group continued CPR and working with the festivities, it is my hope that individ- into one of the country’s largest pri- patient for 12 minutes until an EMS uals will take the time to think of vately held businesses. Jerry was also unit arrived on scene. When the patient those in their community who may be CEO of Toronto-based Hudson’s Bay was placed in the ambulance he was struggling to keep food on the table. Company, Canada’s largest department breathing and had a pulse. The patient To miss a few meals and make a mod- store chain. He was the first American was transported to Spark’s Medical est donation to a local food pantry is a citizen to lead the company. After his Center in Fort Smith, AR, where the

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The town of I would hope Bob gets to see many Roland, the State of Oklahoma, and I more games. Today, I send best wishes are extremely thankful to them for from the U.S. Senate to SGT Robert EXECUTIVE AND OTHER their service and honored to have them Altman and his family and friends, in- COMMUNICATIONS serving one of Oklahoma’s finest com- cluding the family of CPT Colin P. The following communications were munities.∑ Kelly, Jr.∑ laid before the Senate, together with f f accompanying papers, reports, and doc- uments, and were referred as indicated: TRIBUTE TO ROBERT ALTMAN MESSAGES FROM THE PRESIDENT ∑ EC–3628. A communication from the Under Mr. NELSON of Florida. Mr. Presi- Messages from the President of the dent, today I honor the life and service Secretary of Defense (Acquisition, Tech- United States were communicated to nology and Logistics), transmitting, pursu- of SGT Robert Altman, United States the Senate by Mrs. Neiman, one of his ant to law, a report relative to the imple- Army. Sergeant Altman is a member of secretaries. mentation of earned value management the greatest generation that selflessly (EVM); to the Committee on Armed Serv- f served our Nation during a time of per- ices. haps the world’s greatest turmoil. EXECUTIVE MESSAGES REFERRED EC–3629. A communication from the Dep- He risked his life and endured almost As in executive session the Presiding uty Secretary of Defense, transmitting the unbearable pain and suffering as a pris- report of (3) officers authorized to wear the Officer laid before the Senate messages oner of the Japanese during World War insignia of the grade of rear admiral in ac- from the President of the United II. cordance with title 10, United States Code, He gave so much—so that all of us States submitting sundry nominations section 777; to the Committee on Armed might be free. which were referred to the appropriate Services. Sergeant Altman was a crew member committees. EC–3630. A communication from the Under on a B–17 stationed at Clark Field in (The nominations received today are Secretary of Defense (Comptroller), trans- the Philippines. It was just 3 days after printed at the end of the Senate pro- mitting, pursuant to law, the report of a vio- ceedings.) lation of the Antideficiency Act that oc- the attack on Pearl Harbor that his curred within the Defense Information Sys- bomber, commanded by another Flo- f tems Agency in fiscal years 2003 and 2004, and ridian, CPT Colin P. Kelly, Jr., loaded MESSAGE FROM THE HOUSE has been assigned Defense Systems Informa- three 600-pound bombs and took off tion Systems Agency case number 06–01; to with orders to attack airfields on what At 10:13 a.m., a message from the the Committee on Appropriations. is now Taiwan. House of Representatives, delivered by EC–3631. A communication from the Sec- On the way, the crew spotted a large Mrs. Cole, one of its reading clerks, an- retary of the Treasury, transmitting, pursu- Japanese invasion force landing on the nounced that the House has passed the ant to law, a six-month periodic report on north coast of Luzon in the Phil- following bills, in which it requests the the national emergency with respect to ippines. concurrence of the Senate: Syria that was declared in Executive Order Captain Kelly radioed Clark Field for 13338 of May 11, 2004; to the Committee on H.R. 1506. An act to provide that claims of Banking, Housing, and Urban Affairs. permission to attack. But two calls the United States to certain documents re- EC–3632. A communication from the Presi- lating to Franklin Delano Roosevelt shall be brought only a response to stand by. dent of the United States, transmitting, pur- treated as waived and relinquished in certain Kelly and the crew made two practice suant to law, a report on the continuation of circumstances. runs at 20,000 feet, and then the bom- the national emergency with respect to Iran H.R. 3539. An act to designate the facility bardier released the bombs in a line that was declared in Executive Order 12170 of the United States Postal Service located from the carrier’s stern to its bow. Ac- on November 14, 1979; to the Committee on at 427 Harrison Avenue in Harrison, New Jer- Banking, Housing, and Urban Affairs. cording to Sergeant Altman, two of the sey, as the ‘‘Patricia D. McGinty-Juhl Post three bombs bracketed the ship; one Office Building’’. EC–3633. A communication from the Direc- was a direct hit. The enemy boat began H.R. 3767. An act to designate the facility tor of the Regulatory Management Division, to sink and was scuttled by its captain. of the United States Postal Service located Office of Policy, Economics, and Innovation, On the way home to Clark Field, at 170 North Main Street in Smithfield, Environmental Protection Agency, transmit- their lone B–17 was attacked and set Utah, as the ‘‘W. Hazen Hillyard Post Office ting, pursuant to law, the report of a rule en- Building’’. titled ‘‘Technical Amendment of Cross- aflame by Japanese Zeros. Kelly stayed Media Electronic Reporting Rule’’ (FRL No. with the plane long enough to allow ev- The message also announced that the 8980–7) received in the Office of the President eryone else to bail out, before he went House passed the following bills, with- of the Senate on November 10, 2009; to the down within miles of the airfield. Cap- out amendment: Committee on Environment and Public tain Kelly’s body was found near the S. 1314. An act to designate the facility of Works. site. the United States Postal Service located at EC–3634. A communication from the Direc- Sergeant Altman suffered serious in- 630 Northeast Killingsworth Avenue in Port- tor of the Regulatory Management Division, juries and soon after was offered a land, Oregon, as the ‘‘Dr. Martin Luther Office of Policy, Economics, and Innovation, flight to safety. But he turned it down King, Jr. Post Office’’. Environmental Protection Agency, transmit- believing he could better serve his S. 1825. An act to extend the authority for ting, pursuant to law, the report of a rule en- titled ‘‘Oil Pollution Prevention; Spill Pre- country by staying. He was subse- relocation expenses test programs for Fed- eral employees, and for other purposes. vention, Control, and Countermeasure quently captured and taken to Japan, (SPCC) Rule—Amendments’’ (FRL No. 8979– f where he was held as a POW for 40 8) received in the Office of the President of months. During that time, he was MEASURES REFERRED the Senate on November 10, 2009; to the Com- forced into slave labor for the Japanese mittee on Environment and Public Works. The following bills were read the first until his release from Omori Prison, EC–3635. A communication from the Chief and the second times by unanimous Tokyo Bay on August 29, 1945. of the Publications and Regulations Branch, consent, and referred as indicated: But it was the early report of his and Internal Revenue Service, Department of the his crew’s heroism in that attack after H.R. 3539. An act to designate the facility Treasury, transmitting, pursuant to law, the Pearl Harbor that inspired a nation of the United States Postal Service located report of a rule entitled ‘‘Tier I Field Direc- at 427 Harrison Avenue in Harrison, New Jer- tive—The Use of Estimates from Probability reeling in shock. Alone and far from sey, as the ‘‘Patricia D. McGinty-Juhl Post Samples’’ (LMSB–4–0809–032) received in the friendly territory, Sergeant Altman Office Building’’; to the Committee on Office of the President of the Senate on No- and his fellow heroes served their coun- Homeland Security and Governmental Af- vember 13, 2009; to the Committee on Fi- try well. fairs. nance.

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A communication from the Chief Department of State, transmitting, pursuant Commission, transmitting, pursuant to law, of the Publications and Regulations Branch, to the Arms Export Control Act, the certifi- the report of a rule entitled ‘‘Amendments to Internal Revenue Service, Department of the cation of a proposed manufacturing license Various National Indian Gaming Commis- Treasury, transmitting, pursuant to law, the agreement for the manufacture of significant sion Regulations’’ (RIN3141–0001) received in report of a rule entitled ‘‘Industry Director’s military equipment abroad relative to the the Office of the President of the Senate on Directive No. 2—Super Completed Contract manufacture of Modified 20mm 102mm PELE November 12, 2009; to the Committee on In- Method’’ (LMSB–4–0209–006) received in the Ammunition for end-use by the United dian Affairs. Office of the President of the Senate on No- States of America; to the Committee on For- EC–3654. A communication from the Direc- vember 13, 2009; to the Committee on Fi- eign Relations. tor of Legislative Affairs, Office of the Direc- nance. EC–3645. A communication from the Assist- tor of National Intelligence, transmitting, EC–3637. A communication from the Chief ant Secretary, Bureau of Legislative Affairs, pursuant to law, a report relative to the va- of the Publications and Regulations Branch, Department of State, transmitting, pursuant cancy in the position of Principal Deputy Di- Internal Revenue Service, Department of the to the Arms Export Control Act, the certifi- rector of National Intelligence, received in Treasury, transmitting, pursuant to law, the cation of a proposed manufacturing license the Office of the President of the Senate on report of a rule entitled ‘‘Update for Weight- agreement for the manufacture of significant November 13, 2009; to the Select Committee ed Average Interest Rates, Yield Curves, and military equipment abroad relative to the on Intelligence. Segment Rates’’ (Notice 2009–88) received in manufacture of the GAU–19 Gun for end-use EC–3655. A communication from the Gen- the Office of the President of the Senate on by the United States of America; to the eral Counsel, Executive Office for Immigra- November 13, 2009; to the Committee on Fi- Committee on Foreign Relations. tion Review, Department of Justice, trans- nance. EC–3646. A communication from the Assist- mitting, pursuant to law, the report of a rule EC–3638. A communication from the Chief ant Secretary, Bureau of Legislative Affairs, entitled ‘‘Application of Immigration Regu- Department of State, transmitting, pursuant of the Publications and Regulations Branch, lations to the Commonwealth of the North- to the Arms Export Control Act, the certifi- Internal Revenue Service, Department of the ern Mariana Islands’’ (RIN1125–AA67) re- cation of a proposed manufacturing license Treasury, transmitting, pursuant to law, the ceived in the Office of the President of the agreement for the manufacture of significant report of a rule entitled ‘‘Effective Date of Senate on November 12, 2009; to the Com- military equipment abroad relative to the Regulations Under Section 411(b)(5)(B)(i); Re- mittee on the Judiciary. lief Under Section 411(d)(6); and Notice to modification CH–47SD Chinook Helicopters Pension Plan Participants’’ (Announcement to the CH–47F configuration for end-use by f Singapore in the amount of $50,000,000 or 2009–82) received in the Office of the Presi- EXECUTIVE REPORTS OF dent of the Senate on November 13, 2009; to more; to the Committee on Foreign Rela- the Committee on Finance. tions. COMMITTEES EC–3639. A communication from the Chief EC–3647. A communication from the Direc- The following executive reports of tor, Directorate of Standards and Guidance, of the Publications and Regulations Branch, nominations were submitted: Internal Revenue Service, Department of the Occupational Safety and Health Administra- By Mr. KERRY for the Committee on For- Treasury, transmitting, pursuant to law, the tion, transmitting, pursuant to law, the re- eign Relations. report of a rule entitled ‘‘Withholding on port of a rule entitled ‘‘Revising Standards *James LaGarde Hudson, of the District of Wages of Nonresident Alien Employees Per- Referenced in the Acetylene Standard; Final Columbia, to be United States Director of forming Services Within the United States’’ Rule’’ (RIN1218–AC08) received in the Office the European Bank for Reconstruction and (Notice 2009–91) received in the Office of the of the President of the Senate on November 10, 2009; to the Committee on Health, Edu- Development. President of the Senate on November 16, cation, Labor, and Pensions. *Jose W. Fernandez, of New York, to be an 2009; to the Committee on Finance. EC–3648. A communication from the Assist- EC–3640. A communication from the Assist- Assistant Secretary of State (Economic, En- ant General Counsel of the Division of Regu- ant Secretary, Bureau of Legislative Affairs, ergy, and Business Affairs). latory Services, Office of Postsecondary Edu- Department of State, transmitting, pursuant *Frederick D. Barton, of Maine, to be Rep- cation, Department of Education, transmit- to law, status reports relative to Iraq for the resentative of the United States of America ting, pursuant to law, the report of a rule en- period of August 15, 2009, through October 15, on the Economic and Social Council of the titled ‘‘Institutions and Lender Require- 2009; to the Committee on Foreign Relations. United Nations, with the rank of Ambas- ments Relating to Education Loans, Student EC–3641. A communication from the Assist- sador. Assistance General Provisions, Federal Per- ant Secretary, Bureau of Legislative Affairs, *Daniel W. Yohannes, of Colorado, to be kins Loan Program, Federal Family Edu- Department of State, transmitting, pursuant Chief Executive Officer, Millennium Chal- cation Loan Program, and William D. Ford to the Arms Export Control Act, the certifi- lenge Corporation. Federal Direct Loan Program’’ (RIN1840– cation of a proposed amendment to a manu- *Gustavo Arnavat, of New York, to be AC95) received in the Office of the President facturing license agreement for the export of United States Executive Director of the of the Senate on November 10, 2009; to the defense articles, including, technical data, Inter-American Development Bank for a Committee on Health, Education, Labor, and and defense services to Australia relative to term of three years. Pensions. the manufacture and service of F/A–18 Trail- *Frederick D. Barton, of Maine, to be an EC–3649. A communication from the Dep- Alternate Representative of the United ing Edge Flaps, Trailing Edge Flap Shrouds, uty Director of Regulations and Policy Man- Ailerons, and Aileron Shrouds and their as- States of America to the Sessions of the agement Staff, Food and Drug Administra- General Assembly of the United Nations, sociated minor components and parts in the tion, Department of Health and Human Serv- amount of $100,000,000 or more; to the Com- during his tenure of service as Representa- ices, transmitting, pursuant to law, the re- tive of the United States of America on the mittee on Foreign Relations. port of a rule entitled ‘‘New Animal Drug Economic and Social Council of the United EC–3642. A communication from the Assist- Applications’’ (Docket No. FDA–2009–N–0436) Nations. ant Secretary, Bureau of Legislative Affairs, received in the Office of the President of the *Robert R. King, of Virginia, to be Special Department of State, transmitting, pursuant Senate on November 10, 2009; to the Com- Envoy on North Korean Human Rights to the Arms Export Control Act, the certifi- mittee on Health, Education, Labor, and Issues, with the rank of Ambassador. cation of a proposed amendment to a manu- Pensions. facturing license agreement for the export of EC–3650. A communication from the Sec- *William E. Kennard, of the District of Co- defense articles, including, technical data, retary of Health and Human Services, trans- lumbia, to be Representative of the United and defense services to Japan relative to the mitting, pursuant to law, a report entitled States of America to the European Union, overhaul and manufacture of SIIS–3XT4/T4 ‘‘Fiscal Year 2008 Medical Device User Fee with the rank and status of Ambassador Ex- ejection seats for the XT4/T4 trainer aircraft and Modernization Act of 2002 (MDUFMA) traordinary and Plenipotentiary. in the amount of $100,000,000 or more; to the Financial Report’’; to the Committee on Nominee: William E. Kennard. Committee on Foreign Relations. Health, Education, Labor, and Pensions. Post: Chief of Mission—USEU. EC–3643. A communication from the Assist- EC–3651. A communication from the Direc- (The following is a list of all members of ant Secretary, Bureau of Legislative Affairs, tor, Congressional Affairs, Federal Election my immediate family and their spouses. I Department of State, transmitting, pursuant Commission, transmitting, pursuant to law, have asked each of these persons to inform to the Arms Export Control Act, the certifi- a report entitled ‘‘Federal Election Commis- me of the pertinent contributions made by cation of a proposed amendment to a manu- sion 2009 Performance and Accountability them. To the best of my knowledge, the in- facturing license agreement for the manufac- Report’’; to the Committee on Homeland Se- formation contained in this report is com- ture of significant military equipment curity and Governmental Affairs. plete and accurate.) abroad relative to the Laser Target Desig- EC–3652. A communication from the Acting Contributions, amount, date, and donee: nator/Range Finders and Gated Laser Director, Pension Benefit Guaranty Corpora- 1. Self: $2300, 2/27/07, Obama for America; illuminators for Night Television for the AC– tion, transmitting, pursuant to law, the Cor- ¥$2300, 2/27/07, Obama for America; $2300, 2/ 130U Gunship for end-use by the United poration’s Annual Management Report for 27/07, Obama for America; $2300, 3/29/07, States of America; to the Committee on For- fiscal year 2009; to the Committee on Home- Obama for America;’ ¥$2300, 3/29/07, Obama eign Relations. land Security and Governmental Affairs. for America; $2300, 3/29/07, Obama for Amer- EC–3644. A communication from the Assist- EC–3653. A communication from the Acting ica; $1000, 9/28/07, Udall for Colorado; $2300, 9/ ant Secretary, Bureau of Legislative Affairs, General Counsel, National Indian Gaming 30/07, Chris Dodd for President; $5000, 11/30/07,

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11429 DNC Campaign; $500, 5/22/08, Friends of Jay formation contained in this report is com- Post: Tallinn, Estonia. Rockefeller; $1000, 6/16/08, Patrick Murphy plete and accurate.) (The following is a list of all members of for Congress; $250, 6/30/08, Brad Miller for Contributions, amount, date, and donee: my immediate family and their spouses. I U.S. Congress; $28500, 6/30/08, Obama Victory 1. Cynthia Stroum: ¥$1,000, 09/24/09, Demo- have asked each of these persons to inform Fund-DNC; $2000, 8/26/08, Richard Neal for cratic National Committee (refunded 02/19/08 me of the pertinent contributions made by Congress; $5000, 9/26/08, Democratic Senato- contribution); 250, 05/29/09, Citizens For Arlen them. To the best of my knowledge, the in- rial; Campaign Committee; $1000, 10/3/08, Spector; 1,800, 03/06/09, People For Patty Mur- formation contained in this report is com- Committee for Change; $500, 10/24/08, Patrick ray U.S. Senate; 10,000, 12/25/08, Presidential plete and accurate.) Murphy for Congress. Inaugural Committee; 100 10/29/08 Darcy Contributions, amount, date, and donee: 2. Spouse: Deborah Kennedy: $2300, 6/18/07, Burner for Congress; 1,000, 08/04/08, Friends of 1. Self: 0. Obama for America; $2300, 3/27/07, Obama for Rahm Emanuel; 500, 07/10/08, Darcy Burner 2. Spouse: 0. America. for Congress; 1,500, 06/21/08, AIPAC (paid by 3. Children and Spouses: Nicholas M. Polt; 3. Children and Spouses: Robert James Stroum Enterprises); 28,500, 05/28/08, Demo- Lindsay M. Polt: 0. Kennard: $0. cratic White House Victory Fund (see below); 4. Parents: Karl H. Polt (deceased); 4. Parents: Helen Z. Kennard: $0; Robert A. Democratic National Committee (rcvd Margarete R. Reed: 0. Kennard–Deceased. funds); 1,000, 05/12/08, Adam Smith for Con- 5. Grandparents: Adalbert Riedl (deceased); 5. Grandparents: James L. Kennard–De- gress; 1,000, 03/11/08, Friends of Maria (Cant- Theresia Riedl (deceased); Karl Polt (de- ceased; Marie Kennard–Deceased; Arthur well 2006); 1,000, 02/23/08, Inslee for Congress; ceased); Maria Polt (deceased): 0. King–Deceased; Grace D. King–Deceased. 1,000, 02/19/08, Democratic National Com- 6. Brothers and Spouses: None: 0. 6. Brothers and Spouses: None. mittee; 250, 02/18/08, Tester for U.S. Senate; 7. Sisters and Spouses: Martina C. Polt: 0. 7. Sisters and Spouses: Lydia H. Kennard: 70, 11/18/07, AIPAC; 1,000, 11/13/07, People For $250, 3/5/08, Woodrow Myers, candidate For Patty Murray U.S. Senate; 1,000, 11/15/07, *John F. Tefft, of Virginia, a Career Mem- U.S. Congress from Indiana; Sammi Reeves Democratic National Committee; 5,000, 06/14/ ber of the Senior Foreign Service, Class of (brother in-law): $2300, 12/7/07, Romney for 07, Democratic Senatorial Campaign Com- Minister-Counselor, to be Ambassador Ex- President; $500, 4/19/09, Gary Miller for Con- mittee; 1,500, 05/24/07, AIPAC (paid by Stroum traordinary and Plenipotentiary of the gress; Gail M. Kennard: $30, 11/12/08, Demo- Enterprises); 1,000, 04/04/07, Friends For Bar- United States of America to Ukraine. cratic National Committee; $25, 10/16/08, bara Boxer; 2,500, 03/29/07, Obama For Amer- Nominee: John Francis Tefft. Obama for America; $25, 10/8/09, Obama for ica; 500, 03/25/07, People For Patty Murray Post: Ukraine. America; $25, 8/25/08, Obama for America; $25, U.S. Senate; 2,300, 03/01/07, John Edwards for (The following is a list of all members of 7/17/08, Obama for America; $25, 5/29/08, President; 2,100, 01/16/07, Obama For America my immediate family and their spouses. I Obama for America; $25, 3/26/08, Woodrow (Exploratory Committee); 500, 10/25/06, Wash- have asked each of these persons to inform Myers, candidate for U.S. Congress from In- ington State Democratic Central Committee me of the pertinent contributions made by diana; $25, 3/6/08, Obama for America; $50, 2/ (Victory 2006); 65, 10/23/06, AIPAC; 250, 10/12/ them. To the best of my knowledge, the in- 18/09, Obama for America. 06, Adam Smith for Congress; 100, 09/29/06, formation contained in this report is com- Darcy Burner for Congress; 1,500, 09/11/06, plete and accurate.) *Carmen Lomellin, of Virginia, to be Per- AIPAC (paid by Stroum Enterprises); 5,000, Contributions, amount, date, and donee: manent Representative of the United States 07/31/06, Washington Senate Victory (see 1. Self: None. of America to the Organization of American below); Washington State Democratic Cen- 2. Spouse: Mariella C. Tefft: None. States, with the rank of Ambassador. tral Committee (rcvd funds); 1,000, 03/31/06, 3. Children and Spouses: Christine M. Tefft: Nominee: Carmen Lomellin. Stabenow for Senate; 1,000, 03/21/06, People $100, 2008, Obama/Biden Campaign; Cathleen Post: Ambassador, U.S. Permanent Rep- For Patty Murray U.S. Senate; 1,000, 03/20/06, M. Tefft: None; Andrew Horowitz: None. resentative to the Organization of American Hopefund; 1,000, 01/24/06, Friends of Hillary 4. Parents: Floyd F. Tefft—Deceased; Mary States. (Senate 2006); 2,000, 12/11/05, Friends of Joe J. Tefft—Deceased. (The following is a list of all members of Lieberman; 250, 11/07/05, Citizens For Harkin; 5. Grandparents: Floyd B. Tefft—Deceased; my immediate family and their spouses. I 250, 10/26/05, Friends for McDermott; 1,500, 09/ Lucy B. Tefft—Deceased; James Durkin—De- have asked each of these persons to inform 14/05, AIPAC (paid by Stroum Enterprises); ceased; Julia Durkin—Deceased. me of the pertinent contributions made by 65, 09/13/05, AIPAC; 55, 09/01/05, AIPAC; 500, 05/ 6. Brothers and Spouses: Thomas M. Tefft: them. To the best of my knowledge, the in- 07/05, People For Patty Murray U.S. Senate; None; Julie C. Tefft: None; James F. Tefft: formation contained in this report is com- 5,000, 03/23/05, Washington Senate 2006 (see None; Victoria Tefft: None. plete and accurate.) split below); Democratic Senatorial Cam- 7. Sisters and Spouses: Patricia M. Tefft— Contributions, amount, date, and donee: paign Committee $3,800; Friends of Maria Deceased; Sheila L. Tefft: None; Rajiv 1. Self: $500, 3/31/2006, Menendez for Senate; (Cantwell Senate 2006) $1,200. Chandra: None. $1,000, 12/27/07, Hillary Clinton for President; 2. Spouse: None. $250, 12/13/2007, Hillary Clinton for President; 3. Children and Spouses: Courtney Stroum *David Huebner, of California, to be Am- $800, 1/27/2008, Hillary Clinton for President; Meagher: 2,300, 08/21/07, Obama For America. bassador Extraordinary and Plenipotentiary $1,000, 3/20/2008, Udall for Us All; $250, 07/28/ 4. Parents: Samuel N. Stroum—Deceased; of the United States of America to New Zea- 2008, Judy Feder for Congress; $250, 08/12/2008, Althea Stroum: 1,000, 06/09/08, Obama For land, and to serve concurrently and without Poder PAC; $250, 09/12/2008, Poder PAC; $250, America; 500, 10/20/06, Friends of Maria Cant- additional compensation as Ambassador Ex- 10/12/2008, Poder PAC; $250, 11/12/2008, Poder well; 1,000, 12/06/05, Friends of Maria Cant- traordinary and Plenipotentiary of the PAC; $250, 10/24/2008, and Obama Victory well; 500, 12/01/05, Friends of Joe Lieberman. United States of America to Samoa. Fund. 5. Grandparents: Nathan Stroum—De- Nominee: David Huebner. 1. Spouse: None. ceased; Ethel Stroum—Deceased; George Post: Ambassador to New Zealand and 1. Children and spouses: None. Diesenhaus—Deceased; Esther Diesenhaus— Samoa. 2. Parents: Vincent M. Lomellin—De- Deceased. (The following is a list of all members of ceased; Esther Lomellin—Deceased. 6. Brothers and Spouses: None. my immediate family and their spouses. I 3. Grandparents: Florentino Martinez—De- 7. Sisters and Spouses: Marsha Glazer: have asked each of these persons to inform ceased; Elvira Martinez Garcia—Deceased; 2,300, 01/08/08, Obama For America; 2,300, 01/ me of the pertinent contributions made by Jesus Lomellin—Deceased; Susana Lucio 08/08, Obama For America; Jay Glazer: 13,500, them. To the best of my knowledge, the in- Lomellin—Deceased. 10/02/08, DNC Services Corporation/DNC; formation contained in this report is com- 4. Brothers and spouses: David Lomellin— 13,500, 10/02/08, Obama Victory Fund; 15,000, plete and accurate.) No spouse, None. 09/30/08, Committee For Change; 1,042, 09/30/ Contributions, amount, date, and donee: 5. Sisters and Spouses: Theresa Mun˜ oz, 08, Georgia Federal Elections Committee; 1. Self: N/A. None; David Munoz, None; Martha Gonzalez, 1,330, 09/30/08, North Carolina Democratic 2. Spouse: N/A. None; R. Luis Gonzalez, $1,000, 7/23/07, Bill Party—Federal; 969, 09/30/08, Indiana Demo- 3. Children and Spouses: N/A. Richardson for President; Lucia Lomellin, cratic Congressional Victory Committee; 4. Parents: Elizabeth P. Huebner, None; None; Martin Nava, None. 15,000, 09/23/08, Obama Victory Fund; 15,000, David Huebner, None. 09/23/08, DNC Services Corporation/DNC; 5. Grandparents: N/A; deceased. *Cynthia Stroum, of Washington, to be 4,600, 01/01/08, Obama For America; 2,000, 10/ 6. Brothers and Spouses: Richard L. Ambassador Extraordinary and Pleni- 31/06, Democratic Congressional Campaign Huebner, none; Christie Huebner, None. potentiary of the United States of America Committee. 7. Sisters and Spouses: N/A. to Luxembourg. Nominee: Cynthia Stroum. *Michael C. Polt, of Tennessee, a Career *Peter Alan Prahar, of Virginia, a Career Post: Ambassador to Luxembourg. Member of the Senior Foreign Service, Class Member of the Senior Foreign Service, Class (The following is a list of all members of of Minister-Counselor, to be Ambassador Ex- of Counselor, to be Ambassador Extraor- my immediate family and their spouses. I traordinary and Plenipotentiary of the dinary and Plenipotentiary of the United have asked each of these persons to inform United States of America to the Republic of States of America to the Federated States of me of the pertinent contributions made by Estonia. Micronesia. them. To the best of my knowledge, the in- Nominee: Michael C. Polt. Nominee: Peter Alan Prahar.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11430 CONGRESSIONAL RECORD — SENATE November 17, 2009 Ambassador to the Federal States of Mi- to references to an individual with an intel- S. 2790. A bill to allow Americans to re- cronesia. lectual disability; to the Committee on ceive paid sick time so that they can address (The following is a list of all members of Health, Education, Labor, and Pensions. their own health needs, and the health needs my immediate family and their spouses. I By Mrs. McCASKILL (for herself, Ms. of their families, related to a contagious ill- have asked each of these persons to inform COLLINS, Mr. BENNETT, Mr. BROWN, ness; to the Committee on Health, Edu- me of the pertinent contributions made by Mr. NELSON of Florida, Mr. LEMIEUX, cation, Labor, and Pensions. them. To the best of my knowledge, the in- and Mr. CASEY): f formation contained in this report is com- S. 2782. A bill to provide personal jurisdic- plete and accurate.) tion in causes of action against contractors ADDITIONAL COSPONSORS of the United States performing contracts Donee, amount, date, and donee: S. 332 1. Self: $105, 01/31/2005, Democratic National abroad with respect to members of the Committee (DNC); $100, 05/10/2005, Demo- Armed Forces, civilian employees of the At the request of Mrs. FEINSTEIN, the cratic Congressional Campaign Committee United States, and United States citizen em- name of the Senator from North Caro- (DCCC); $100, 01/06/2006, DNC; $100, 01/10/2006, ployees of companies performing work for lina (Mrs. HAGAN) was added as a co- DCCC; $110, 07/21/2006, DNC; $100, 01/22/2007, the United States in connection with con- sponsor of S. 332, a bill to establish a DNC; $100, 12/17/2007, DNC; $100, 01/24/2008, tractor activities, and for other purposes; to comprehensive interagency response to DNC; $100, 08/13/2008, DNC; $100, 04/13/2009, the Committee on Homeland Security and Governmental Affairs. reduce lung cancer mortality in a DCCC. timely manner. 2. Spouse: Amy Prahar: $100, 01/22/2009, By Mr. BAYH (for himself, Mr. LUGAR, S. 456 DCCC; $100, 04/21/2009, DNC. and Ms. CANTWELL): S. 2783. A bill to amend the Internal Rev- 3. Father: Louis B. Prahar: None; Mother: At the request of Mr. DODD, the name enue Code of 1986 to provide incentives for Ruth Prahar: Deceased. of the Senator from New Hampshire used oil re-refining, and for other purposes; 4. Father-in-law: Choi Che Wing: None; to the Committee on Finance. (Mrs. SHAHEEN) was added as a cospon- Mother-in-law: Deceased. By Mr. CARPER (for himself and Mr. sor of S. 456, a bill to direct the Sec- 5. Brother: John P. Prahar: None; Sister- VOINOVICH): retary of Health and Human Services, in-law: Rista Prahar: None. S. 2784. A bill to amend the Internal Rev- in consultation with the Secretary of 6. Sister: Barbara A. Kranick: None; Broth- enue Code of 1986 to permanently extend the er-in-law: Gordon Kranick: None. Education, to develop guidelines to be estate tax as in effect in 2009, and for other used on a voluntary basis to develop 7. Sister: Joan E. Prahar: Deceased. purposes; to the Committee on Finance. plans to manage the risk of food al- Mr. KERRY. Mr. President, for the By Mrs. LINCOLN (for herself and Mr. lergy and anaphylaxis in schools and Committee on Foreign Relations I re- FRANKEN): early childhood education programs, to port favorably the following nomina- S. 2785. A bill to provide grants to improve after-school interdisciplinary education pro- establish school-based food allergy tion lists which were printed in the grams, and for other purposes; to the Com- management grants, and for other pur- RECORD on the dates indicated, and ask mittee on Health, Education, Labor, and poses. unanimous consent, to save the ex- Pensions. pense of reprinting on the Executive By Mr. LEAHY (for himself and Mr. S. 584 Calendar that these nominations lie at HATCH): At the request of Mr. HARKIN, the the Secretary’s desk for the informa- S. 2786. A bill to amend titles 18 and 28 of names of the Senator from Maryland the United States Code to provide incentives (Mr. CARDIN) and the Senator from Illi- tion of Senators. for the prompt payments of debts owed to The PRESIDING OFFICER. Without nois (Mr. DURBIN) were added as co- the United States and the victims of crime sponsors of S. 584, a bill to ensure that objection, it is so ordered. by imposing late fees on unpaid judgments all users of the transportation system, *Foreign Service nomination of Terence owed to the United States and to the victims Jones. of crime, to provide for offsets on amounts including pedestrians, bicyclists, tran- *Foreign Service nominations beginning collected by the Department of Justice for sit users, children, older individuals, with Andrea M. Cameron and ending with Federal agencies, to increase the amount of and individuals with disabilities, are Aleksandra Paulina Zittle, which nomina- special assessments imposed upon convicted able to travel safely and conveniently tions were received by the Senate and ap- persons, to establish an Enhanced Financial on and across federally funded streets peared in the CONGRESSIONAL RECORD on Sep- Recovery Fund to enhance, supplement, and and highways. tember 10, 2009. improve the debt collection activities of the S. 593 *Foreign Service nominations beginning Department of Justice, to amend title 5, with Laurie M. Major and ending with Maria United States Code, to provide to assistant At the request of Mrs. FEINSTEIN, the A. Zuniga, which nominations were received United States attorneys the same retirement name of the Senator from New Hamp- by the Senate and appeared in the CONGRES- benefits as are afforded to Federal law en- shire (Mrs. SHAHEEN) was added as a co- SIONAL RECORD on September 17, 2009. forcement officers, and for other purposes; to sponsor of S. 593, a bill to ban the use the Committee on the Judiciary. of bisphenol A in food containers, and *Nomination was reported with rec- By Mr. THUNE (for himself, Mr. ommendation that it be confirmed sub- VITTER, Mr. BENNETT, Mr. INHOFE, for other purposes. ject to the nominee’s commitment to Mr. JOHANNS, Mr. BARRASSO, Mr. S. 611 respond to requests to appear and tes- GRASSLEY, Mr. CORNYN, Mr. ENSIGN, At the request of Mr. LAUTENBERG, tify before any duly constituted com- Mr. CRAPO, Mr. ROBERTS, Mr. ENZI, the name of the Senator from Min- mittee of the Senate. Ms. MURKOWSKI, Mr. BURR, Mr. nesota (Mr. FRANKEN) was added as a COBURN, and Mr. BOND): f S. 2787. A bill to repeal the authority of the cosponsor of S. 611, a bill to provide for the reduction of adolescent pregnancy, INTRODUCTION OF BILLS AND Secretary of the Treasury to extend the HIV rates, and other sexually trans- JOINT RESOLUTIONS Troubled Asset Relief Program; to the Com- mittee on Banking, Housing, and Urban Af- mitted diseases, and for other purposes. The following bills and joint resolu- fairs. S. 619 By Mr. LEVIN (for himself and Mr. tions were introduced, read the first At the request of Mrs. FEINSTEIN, the MCCAIN): and second times by unanimous con- name of the Senator from Washington sent, and referred as indicated: S. 2788. A bill to amend the Military Con- struction Authorization Act for Fiscal Year (Ms. CANTWELL) was added as a cospon- By Mr. LEVIN: 2010 to authorize construction of an Aegis sor of S. 619, a bill to amend the Fed- S. 2780. A bill to amend the Small Business Ashore Test Facility at Pacific Missile eral Food, Drug, and Cosmetic Act to Act to establish a small business inter- Range Facility, Hawaii; to the Committee on preserve the effectiveness of medically mediary lending pilot program; to the Com- Armed Services. important antibiotics used in the mittee on Small Business and Entrepreneur- By Mr. VOINOVICH (for himself, Mrs. treatment of human and animal dis- ship. GILLIBRAND, and Mr. KAUFMAN): By Ms. MIKULSKI (for herself, Mr. S. 2789. A bill to establish a scholarship eases. ENZI, Mr. HARKIN, Mr. BROWN, Mr. program to encourage outstanding under- S. 850 CARDIN, Mr. ALEXANDER, Mr. graduate and graduate students in mission- At the request of Mr. KERRY, the BARRASSO, Mr. BURR, Mr. GREGG, Mr. critical fields to pursue a career in the Fed- name of the Senator from Indiana (Mr. THUNE, and Mr. DODD): eral Government; to the Committee on Fi- S. 2781. A bill to change references in Fed- nance. BAYH) was added as a cosponsor of S. eral law to mental retardation to references By Mr. DODD (for himself, Mr. HARKIN, 850, a bill to amend the High Seas to an intellectual disability, and to change Mr. FRANKEN, Mr. BROWN, and Mr. Driftnet Fishing Moratorium Protec- references to a mentally retarded individual MERKLEY): tion Act and the Magnuson-Stevens

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11431 Fishery Conservation and Management S. 1341 quirements for windows, doors, and Act to improve the conservation of At the request of Mr. MENENDEZ, the skylights to be eligible for the credit sharks. name of the Senator from California for nonbusiness energy property. S. 1067 (Mrs. FEINSTEIN) was added as a co- S. 1938 At the request of Mr. FEINGOLD, the sponsor of S. 1341, a bill to amend the At the request of Mr. ROCKEFELLER, names of the Senator from Oklahoma Internal Revenue Code of 1986 to im- the name of the Senator from Pennsyl- (Mr. INHOFE) and the Senator from pose an excise tax on certain proceeds vania (Mr. CASEY) was added as a co- Alaska (Mr. BEGICH) were added as co- received on SILO and LILO trans- sponsor of S. 1938, a bill to establish a sponsors of S. 1067, a bill to support actions. program to reduce injuries and deaths stabilization and lasting peace in S. 1402 caused by cellphone use and texting northern Uganda and areas affected by At the request of Mr. MERKLEY, the while driving. the Lord’s Resistance Army through name of the Senator from New York development of a regional strategy to (Mr. SCHUMER) was added as a cospon- S. 2128 support multilateral efforts to success- sor of S. 1402, a bill to amend the Inter- At the request of Mr. LEMIEUX, the fully protect civilians and eliminate nal Revenue Code of 1986 to increase names of the Senator from Texas (Mrs. the threat posed by the Lord’s Resist- the amount allowed as a deduction for HUTCHISON), the Senator from Georgia ance Army and to authorize funds for start-up expenditures. (Mr. ISAKSON) and the Senator from humanitarian relief and reconstruc- S. 1559 Wyoming (Mr. BARRASSO) were added tion, reconciliation, and transitional At the request of Mr. KERRY, the as cosponsors of S. 2128, a bill to pro- justice, and for other purposes. name of the Senator from Ohio (Mr. vide for the establishment of the Office S. 1147 VOINOVICH) was added as a cosponsor of of Deputy Secretary for Health Care At the request of Mr. KOHL, the name S. 1559, a bill to consolidate democracy Fraud Prevention. of the Senator from Iowa (Mr. HARKIN) and security in the Western Balkans by S. 2607 was added as a cosponsor of S. 1147, a supporting the Governments and peo- At the request of Mr. REID, the name bill to prevent tobacco smuggling, to ple of Bosnia and Herzegovina and of the Senator from Nevada (Mr. EN- ensure the collection of all tobacco Montenegro in reaching their goal of taxes, and for other purposes. SIGN) was added as a cosponsor of S. eventual NATO membership, and to 2607, a bill to amend the Department of S. 1152 welcome further NATO partnership the Interior, Environment, and Related At the request of Mr. DODD, the with the Republic of Serbia, and for Agencies Appropriations Act, 2010 to names of the Senator from Massachu- other purposes. repeal a provision of that Act relating setts (Mr. KIRK) and the Senator from S. 1589 to geothermal energy receipts. Oregon (Mr. MERKLEY) were added as At the request of Ms. CANTWELL, the S. 2730 cosponsors of S. 1152, a bill to allow name of the Senator from New Hamp- Americans to earn paid sick time so shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. BROWN, the that they can address their own health sponsor of S. 1589, a bill to amend the name of the Senator from Rhode Island needs and the health needs of their Internal Revenue Code of 1986 to mod- (Mr. WHITEHOUSE) was added as a co- families. ify the incentives for the production of sponsor of S. 2730, a bill to extend and S. 1156 biodiesel. enhance the COBRA subsidy program At the request of Mr. HARKIN, the S. 1612 under the American Recovery and Re- name of the Senator from Louisiana investment Act of 2009. At the request of Mrs. LINCOLN, the (Ms. LANDRIEU) was added as a cospon- name of the Senator from Georgia (Mr. S. 2755 sor of S. 1156, a bill to amend the Safe, ISAKSON) was added as a cosponsor of S. Accountable, Flexible, Efficient Trans- At the request of Mr. MENENDEZ, the 1612, a bill to amend the Internal Rev- portation Equity Act: A Legacy for names of the Senator from Indiana enue Code of 1986 to improve the oper- Users to reauthorize and improve the (Mr. BAYH) and the Senator from Or- ation of employee stock ownership safe routes to school program. egon (Mr. WYDEN) were added as co- plans, and for other purposes. sponsors of S. 2755, a bill to amend the S. 1183 S. 1646 Internal Revenue Code of 1986 to pro- At the request of Mr. DURBIN, the vide an investment credit for equip- name of the Senator from California At the request of Mr. REED, the name of the Senator from Washington (Mrs. ment used to fabricate solar energy (Mrs. FEINSTEIN) was added as a co- property, and for other purposes. sponsor of S. 1183, a bill to authorize MURRAY) was added as a cosponsor of the Secretary of Agriculture to provide S. 1646, a bill to keep Americans work- S. 2758 ing by strengthening and expanding assistance to the Government of Haiti At the request of Ms. STABENOW, the short-time compensation programs to end within 5 years the deforestation name of the Senator from Ohio (Mr. that provide employers with an alter- in Haiti and restore within 30 years the BROWN) was added as a cosponsor of S. native to layoffs. extent of tropical forest cover in exist- 2758, a bill to amend the Agricultural ence in Haiti in 1990, and for other pur- S. 1765 Research, Extension, and Education poses. At the request of Mr. CARDIN, the Reform Act of 1998 to establish a na- S. 1194 name of the Senator from California tional food safety training, education, At the request of Ms. CANTWELL, the (Mrs. FEINSTEIN) was added as a co- extension, outreach, and technical as- name of the Senator from New Jersey sponsor of S. 1765, a bill to amend the sistance program for agricultural pro- (Mr. LAUTENBERG) was added as a co- Hate Crime Statistics Act to include ducers, and for other purposes. crimes against the homeless. sponsor of S. 1194, a bill to reauthorize S. RES. 334 the Coast Guard for fiscal years 2010 S. 1790 At the request of Mr. HATCH, the and 2011, and for other purposes. At the request of Mr. DORGAN, the name of the Senator from Georgia (Mr. S. 1317 name of the Senator from Washington (Ms. CANTWELL) was added as a cospon- ISAKSON) was added as a cosponsor of S. At the request of Mr. LAUTENBERG, Res. 334, a resolution designating the names of the Senator from Cali- sor of S. 1790, a bill to amend the In- dian Health Care Improvement Act to Thursday, November 19, 2009, as ‘‘Feed fornia (Mrs. FEINSTEIN) and the Sen- America Day’’. ator from New York (Mr. SCHUMER) revise and extend that Act, and for were added as cosponsors of S. 1317, a other purposes. S. RES. 353 bill to increase public safety by per- S. 1792 At the request of Mrs. HAGAN, the mitting the Attorney General to deny At the request of Mr. ROCKEFELLER, name of the Senator from Michigan the transfer of firearms or the issuance the name of the Senator from Oregon (Ms. STABENOW) was added as a cospon- of firearms and explosives licenses to (Mr. WYDEN) was added as a cosponsor sor of S. Res. 353, a resolution sup- known or suspected dangerous terror- of S. 1792, a bill to amend the Internal porting the goals and ideals of ‘‘Amer- ists. Revenue Code of 1986 to modify the re- ican Education Week’’.

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11432 CONGRESSIONAL RECORD — SENATE November 17, 2009 STATEMENTS ON INTRODUCED Development Corporations, Micro- We have been taking some important BILLS AND JOINT RESOLUTIONS lenders, Community Development Fi- steps to encourage banks to lend to nancial Institutions and other non- businesses, with varying degrees of suc- profit lenders to fill the gap created by By Mr. LEVIN: cess. Clearly more needs to be done to S. 2780. A bill to amend the Small the reluctance of private financial in- get credit into the hands of the small Business Act to establish a small busi- stitutions to provide capital to busi- businesses that are going to create the ness intermediary lending pilot pro- nesses. As demand on these non-profit jobs necessary to lead us out of this gram; to the Committee on Small Busi- institutions to fill the gap has in- economic downturn. The Intermediary creased, these institutions’ sources of ness and Entrepreneurship. Lending Program I am introducing Mr. LEVIN. Mr. President, today I capital are also drying up. today proposes a way to get financing To address this problem, I am intro- introduce the Small Business Inter- into the hands of those viable busi- ducing legislation to help get financing mediary Lending Pilot Program Act of nesses that conventional banks are to those small businesses that are not 2009. currently not lending to so that they As a member of the Small Business being served by the conventional loan can hire employees and grow their and Entrepreneurship Committee I programs currently available through businesses. I urge its swift enactment. have been concerned about access to af- the Small Business Administration. The Small Business Intermediary By Ms. MIKULSKI (for herself, fordable financing for small businesses. The need to help small businesses Lending Program that I am intro- Mr. ENZI, Mr. HARKIN, Mr. ducing today is a three-year pilot pro- find flexible credit sources has become BROWN, Mr. CARDIN, Mr. ALEX- gram which authorizes the SBA in each more urgent than ever during this eco- ANDER, Mr. BARRASSO, Mr. of the three years to make 20-year nomic and credit crisis. The problem is BURR, Mr. GREGG, Mr. THUNE, loans, on a competitive basis, to up to serious. I have heard from numerous and Mr. DODD): 20 non-profit lending intermediaries small businesses from across Michigan S. 2781. A bill to change references in around the country, with a maximum facing serious financial difficulties. Federal law to mental retardation to amount of $3 million per loan. Under references to an intellectual disability, Too many creditworthy businesses are this proposal, intermediaries would use and to change references to a mentally having trouble procuring a loan, get- these SBA loans to capitalize revolving retarded individual to references to an ting their loans renewed, or are facing loan funds through which loans of up to individual with an intellectual dis- higher rates or are having their lines of $200,000 would be made to small busi- ability; to the Committee on Health, credit withdrawn altogether. This is nesses in need of flexible debt financ- Education, Labor, and Pensions. happening even when the business ing. In addition, these intermediaries Ms. MIKULSKI. Mr. President, today never missed a payment. would assist borrowers in leveraging I rise to introduce legislation that I am The difficulty of finding bank financ- the SBA funds to obtain additional calling ‘‘Rosa’s Law.’’ It began by lis- ing is both a symptom and a cause of capital from other sources. The inter- tening to the people in my own State. our economic troubles. The crisis that mediaries would also work closely with It began when a mother told me a com- nearly toppled our economy in late 2008 the small business to provide technical pelling story about her own daughter, and early 2009 was largely the result of assistance during the life of the loan. her family’s efforts to give her daugh- a shutdown in lending by banks wor- The program would be structured ter an opportunity for an education ried that they would be overwhelmed along the lines of the SBA’s Microloan and to be treated with respect and with by bad loans. And as the lack of avail- program and USDA’s Intermediary Re- dignity. And, at the same time, it able credit rippled through the econ- lending Program, both of which have began with the advocacy of not only omy, it hit more businesses, cost them demonstrated the success of using she and her husband but of her entire more customers, forced them to lay off intermediary lenders to improve the family, including her 14 year old son, more workers, and slowed economic ac- flow of credit to small businesses that Nick, who testified at the Maryland tivity even more, making banks all the are unable to satisfy the underwriting General Assembly. more reluctant to lend and setting off requirements of a congenital bank. As a result of their effort, I am intro- a downward spiral. The program is designed to fill the ducing Rosa’s Law. But I want to tell The search for solutions to these lending gap that exists between SBA’s you about the family. I want to tell problems has been intense, and we have Microloan program that lends up to you about the Marcellinos—two deter- taken some steps in Congress to allevi- $35,000 and its 7(a) loan program that mined parents with four children: Nick, ate them, including acting to reduce makes larger traditional loans to small age 14; Madeleine, age 12; Gigi, age 10; Small Business Administration lending businesses through participating and Rosa, age 8. I wish you could have fees, increasing the dollar amount of banks. Many start-up and expanding been with me in my office as I met those loans the government would small businesses may have graduated with them, as I met with the parents guarantee, and offering short-term from the Microloan Program and need and talked with the family. loans to businesses facing immediate larger loans but cannot get 7(a) loans Last year, at a roundtable on special financial hardship. But it hasn’t been because they lack adequate collateral education, I met Nina Marcellino. She enough. necessary for traditional loans. These told me about her daughter Rosa and In May, I told members of the Senate small businesses may also still need the fact that Rosa had been labeled at Small Business and Entrepreneurship technical assistance to help them suc- her school some years ago as ‘‘men- Committee, on which I serve, of just ceed that would be provided by the tally retarded’’ and told me of the stig- one Michigan example of the problem: intermediary lender under this bill. ma, the pain, the anguish it caused A small manufacturer based in the Even before the severe economic both Nina and her husband, Rosa’s Thumb. The company’s longtime bank downturn and resulting credit crunch, brother and sisters as well as Rosa her- lender told the company it could not 7(a) lenders were not making the sorts self. renew the firm’s 5-year loan, instead of midsize loans the Intermediary The mother and father reached out to offering 90-day renewals at a much Lending Program seeks to make. In the advocacy organization, the Arc, to higher interest rate. The company, fact, several years ago a representative see what could be done to change the with 77 workers and 150 customers, for the National Association of Govern- law. They then reached out to a mem- sought a loan elsewhere, but other ment Guaranteed Lenders, the 7(a) ber of the Maryland General Assembly banks—28 of them—rejected its appli- lenders’ trade association, told a Small in our own Maryland Legislature—a cation. The company has an excellent Business and Entrepreneurial Com- wonderful representative named Ted payment history. That story can be re- mittee roundtable that 7(a) lenders are Sophocleus. peated 100 times throughout the state. not making these midsized loans be- Mr. Sophocleus introduced legisla- With the steep decline in the avail- cause they are not cost effective, and tion in the Maryland General Assembly ability of credit from conventional fi- that the Intermediary Lending Pro- that would change the words ‘‘men- nancial institutions, demand is in- gram would fill an important niche not tally retarded’’ and substitute that creasing for community-based finan- being filled by any existing SBA pro- with the phrase ‘‘an individual with an cial institutions, including Community gram. intellectual disability.’’

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11433 That is why I stand on the Senate with legal counsel. We reached out to make an important change in the floor today to introduce, at the request the very wonderful advocacy groups in words we use to refer to those with in- of this family, legislation on behalf of this field, and they concur that this tellectual disabilities. It is a much this little girl and on behalf of all of legislation would be acceptable. needed change in the law that is fully the children of the United States of The Senate has changed terminology deserving of our support. America who are labeled, stigmatized, for this population before. In the 1960s, For far too long we have used words and bear a burden the rest of their lives Congress passed legislation where we like ‘‘mental retardation’’ in our Fed- because of the language we use in the took—I am almost embarrassed to say eral statutes to refer to those with in- law books. our law once referred to boys and girls tellectual disabilities. This has been My law simply changes the phrase as ‘‘feeble-minded.’’ We thought we unfortunate because when we use such ‘‘mentally retarded’’ to an ‘‘individual were being advanced when we changed a term we send a message throughout with an intellectual disability.’’ We do it to ‘‘mentally retarded.’’ Now, 40 our society that someone ‘‘is’’ their it in health, education, and labor pol- years later, let’s take another big step disability, instead of someone like us icy without in any way negatively im- and change it to ‘‘intellectual dis- who is facing a challenge in their life. pinging upon either the educational or ability.’’ Such a term creates the unwanted im- other benefits to which these children This bill makes language used in the pression that growth is impossible and are entitled. Federal Government consistent. The their disability will lock them into a When it came time to bring the bill President’s Committee on Mental Re- certain lifestyle forever. before the General Assembly, the fam- tardation was changed by Executive As an example, imagine a friend with ily was there. And who spoke up for order so it is now the Committee on In- cancer. When you refer to him or her Rosa? Well, her mom and dad had been dividuals with Intellectual Disabilities. you would probably say they have can- speaking up for her. Her brother Nick The CDC uses ‘‘intellectual disability.’’ cer, or are going through cancer treat- and her sisters Madeleine and Gigi had The World Health Organization uses ment. You wouldn’t say they ‘‘are’’ been speaking up for her. This wonder- ‘‘intellectual disability.’’ cancer like this term says that some- ful boy, Nick, at the time 13 testified I have always said the best ideas one ‘‘is’’ their disability. It’s a distinc- before the general assembly and said: come from the people. ‘‘Rosa’s Law’’ is tion that makes a big difference for What you call people is how you treat a perfect example of effective citizen anyone facing such a difficult period of them. advocacy—a family that pulled to- their lives. ‘‘What you call people is how you gether for their own, and in pulling to- This is not a unique situation. His- treat them.’’ What you call my sister is gether they are pulling us all along to torically, this and other unfortunate how you will treat her. If you believe a new way of thinking. terms have been used to refer to people she is ‘‘retarded,’’ it invites taunts, it I want to recognize the Marcellino with disabilities of all kinds for many invites stigmas, it invites bullying, and family who is here with us in the gal- years. it also invites the slammed doors of lery, and the namesake of the law, Prior to the 1960’s, people who were not being treated with respect and dig- Rosa, whose picture is behind me, and viewed as having intellectual limita- nity. she is also up there in the gallery tions were shunned from society and Nick’s words were far more eloquent today. placed in institutions. The American that day than mine are today. I want It was indeed an honor to represent dream of self-determination, inde- to salute Nick for standing up for his this family. I believe in our country pendent living, and the pursuit of free- sister. But I think we need to stand up people have a right to be heard, and we dom and happiness was thought to be for all because in changing the lan- listen. They have a right to be rep- impossible for them to achieve. We let guage we believe it will be the start of resented, which I have tried to do. Now the limitations we helped to create new attitudes toward people with intel- let’s try to change the law. with our words and our attitudes slow- lectual disabilities. Hopefully, people I also want to take this opportunity ly take away their hopes and dreams will associate these new words with the to thank my colleagues. It is a pleasure for a better life and a brighter future. very able and valuable people that go to work with Senators HARKIN and We know now that words have mean- to school, work, play soccer, or live ENZI, the chair and ranking member of ing, sometimes far beyond what we in- next door. the HELP Committee. I have their tend. Therefore, we must be very care- Eunice Shriver believed in this when wholehearted support in working to- ful about the way we describe the peo- she created the Special Olympics. She gether. ple we see every day, including those knew special needs children need spe- This is going to be a bipartisan bill. with disabilities, or those who are un- cial attention, but they can do very It is going to be a nonpartisan bill. We dergoing treatment for a variety of special things and look what she start- are going to check our party hats at health issues. Unfortunately, the Fed- ed. the door and move ahead and tip our eral Government has not dropped this This bill has gotten unanimous sup- hats to these boys and girls. This bill is term from our laws and it still appears port in the Maryland legislative body. driven by passion for social justice and in the regulations and statutes that It passed in Annapolis. A few weeks be- compassion for the human condition. come before our legislative bodies and fore this bill swept through the Gen- We have done a lot to come out of the our courts. eral Assembly, I had the opportunity dark ages of institutionalization and With this legislation we are taking a to talk to Rosa’s mom, Nina. I prom- exclusion when it comes to people with giant step forward, as we acknowledge ised her then that if that bill passed intellectual disabilities. that times have changed and we live in the Maryland Legislature, I would I urge my colleagues to join me in a much different world. Clearly this bring it to the floor of the Senate. going a step further. Cosponsor the leg- term was not developed from malice. It Well, it passed unanimously, Governor islation I offer on a bipartisan basis. came from a lack of understanding of O’Malley has signed it, and today I Help me pass the law and know that what it was like to be labeled with stand before you introducing the legis- each and every one of us can make a such a term and then left virtually lation. difference. When we work together, we alone in the effort to overcome it. It makes nominal changes to policy. can make change. I look forward to Over the years, Congress has made it It gets into Federal education, health, working with my colleagues in moving known that community living, edu- and labor law. It simply substitutes this bill forward in our legislative cational opportunities that lead to suc- ‘‘intellectual disability’’ for ‘‘mental process. cess in the workplace, and equal oppor- retardation,’’ ‘‘individual with an in- Mr. ENZI. Mr. President, I am tunity without discrimination will be tellectual disability’’ for ‘‘mentally re- pleased to have this opportunity to available to people who are living with tarded.’’ join my colleague from Maryland, Sen- intellectual limitations under appro- This bill, as I can assure all who ator MIKULSKI, in introducing Rosa’s priate Federal statutes. might be concerned, will not expand law. I would like to thank her for her That was a good start. Unfortu- nor diminish services, rights, or edu- leadership and her commitment on this nately, several key Federal disability cational opportunities. We vetted it issue. Simply put, this legislation will statutes, including the Individuals

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By so doing, we will bating terrorism, financial fraud, and States of New Hampshire, Maryland, also be directing our staffs and the other pressing national law enforce- and my home State of Wyoming by staffs of federal offices throughout the ment challenges, we cannot afford to ending the use of this pejorative term U.S. that the best way for them to lose the experienced men and women and replacing it with a more carefully refer to those with disabilities or to who serve in this vital position. And by chosen word. anyone who comes into their office is enhancing the retirement benefits for To paraphrase a quote I have heard by the term they have carried with these prosecutors, we make service as about cancer, a disability is a word, them throughout their lives—their an Assistant U.S Attorney a more at- not a sentence. We have put that phi- name. tractive path for talented young law- losophy into practice over the years for yers who are considering public serv- other disabilities. It is time we adapted By Mr. LEAHY (for himself and ice. it to provide support to those living Mr. HATCH): This legislation also makes substan- with intellectual disabilities as well. S. 2786. A bill to amend titles 18 and tial efforts to defray the cost to the Some will ask if we are being overly 28 of the United States Code to provide Federal Government of providing en- sensitive, or if we are just trying to incentives for the prompt payments of hanced retirement benefits to Assist- make a change to be politically cor- debts owed to the United States and ant U.S. Attorneys and to make our rect. The answer to that question is the victims of crime by imposing late justice system operate more effi- clearly ‘‘no.’’ fees on unpaid judgments owed to the ciently. The bill includes important It is no secret. When we put a ‘‘label’’ United States and to the victims of like that on someone we often find our- provisions that would assist the De- crime, to provide for offsets on partment of Justice in recovering selves dealing with the label as if it is amounts collected by the Department not a description of the challenges money owed to the Federal Govern- of Justice for Federal agencies, to in- ment as a result of judgments and someone faces in their lives but a re- crease the amount of special assess- flection of who that person really is. other fines. By bolstering the Depart- ments imposed upon convicted persons, ment’s ability to collect the funds it is That puts them in a group with a label to establish an Enhanced Financial Re- for a name and tells them that they are rightfully owed, resources would be covery Fund to enhance, supplement, made more available to provide the not worthy of being treated as an indi- and improve the debt collection activi- vidual, with individual needs and inter- parity in retirement benefits sought by ties of the Department of Justice, to Assistant U.S. Attorneys. The result of ests. amend title 5, United States Code, to I have heard from people with intel- this innovative effort to fund these provide to assistant United States at- lectual disabilities over the years. benefits in an alternative manner is torneys the same retirement benefits They have asked us to put an end to that the Department of Justice will, as are afforded to Federal law enforce- the use of that outdated term. Self-ad- through its duties as the Nation’s law vocacy groups such as Self-Advocates ment officers, and for other purposes; enforcement agency, be able to provide Becoming Empowered and local People to the Committee on the Judiciary. the benefits its employees deserve at Mr. LEAHY. Mr. President, today I First Organizations as well as organi- little or no cost to the taxpayer. am pleased to join with Senator HATCH zations such as the Arc of the United With the introduction of this legisla- to introduce a bill that will take steps States, Special Olympics Inter- tion, we signal that prosecutors in our national, and others have already to enhance the retirement benefits society fulfill a critical and valuable stopped using this archaic terminology granted to Assistant U.S. Attorneys role. By enacting it, Congress can send and dropped the term from their agen- who serve all Americans in a critical the message that the service of these cy names. The American Psychiatric law enforcement role. Representative prosecutors is an indispensable compo- Association, which publishes the Diag- DELAHUNT is introducing companion nent of our Federal justice system. I nostic and Statistical Manual of Men- legislation in the House. I would like hope all Senators will join us in sup- tal Disorders, has already voted to use to acknowledge the significant efforts porting this legislation. the term ‘‘Intellectual Disability’’ in made by the National Association of Mr. President, I ask unanimous con- the next publication of their manual. Assistant United States Attorneys in sent that the text of the bill be printed I have always believed that the law is developing this legislation. in the RECORD. a great teacher. That is why we need to There are approximately 5,500 Assist- There being no objection, the text of join in this effort and express our sup- ant U.S. Attorneys in 93 offices the bill was ordered to be printed in port for the efforts of those with dis- throughout the U.S. all of whom are the RECORD, as follows: abilities of all kinds to live to their serving on the front lines to uphold the S. 2786 rule of law. Having served as a pros- full potential. We can do that by elimi- Be it enacted by the Senate and House of Rep- nating the use of negative archaic ecutor for many years in Vermont, I resentatives of the United States of America in terms to refer to those with intellec- know well the integral role prosecutors Congress assembled, tual limitations. Such an action on our play in the administration of justice SECTION 1. SHORT TITLE. part starts with this bill that uses the and keeping our communities safe. This Act may be cited as the ‘‘Enhanced term intellectual disability in laws Federal prosecutors are a crucial com- Restitution Enforcement and Equitable Re- that are in the jurisdiction of the Sen- ponent of our justice system, and this tirement Treatment Act of 2009’’. ate Committee on Health, Education, legislation recognizes the important SEC. 2. TABLE OF CONTENTS. Labor and Pensions. This bill makes contributions these men and women The table of contents for this Act is as fol- our intent clear throughout our Nation make in the enforcement of our Fed- lows: that this term will never again be used eral laws. Sec. 1. Short title. in Congress or in any Federal office. Probation officers, deputy marshals, Sec. 2. Table of contents. When I came to the Senate 13 years corrections officers, and even correc- TITLE I—ENHANCED FINANCIAL ago, my staff and I met almost imme- tions employees not serving in a law RECOVERY diately to work on our mission state- enforcement role receive benefits Sec. 101. Unpaid fines and restitution. ment. When it was completed, one of greater than those received by Assist- Sec. 102. Remission of criminal monetary the most important clauses we had ant U.S. Attorneys. This is a disparity penalties. written was our commitment that we that should be remedied. By making Sec. 103. Prioritization of restitution efforts. Sec. 104. Imposition of civil late fee. would treat others not as we would the appropriate adjustments provided Sec. 105. Increase in the amount of special wish to be treated, but as they would in this legislation, Congress would also assessments. wish to be treated. There is a dif- help the Federal justice system retain Sec. 106. Enhanced financial recovery fund. ference. experienced prosecutors. Of all the Sec. 107. Effective dates.

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TITLE II—EQUITABLE RETIREMENT ‘‘(2) WAIVER BY COURT.—The court may ‘‘(c) ALLOCATION OF PAYMENTS.—Subject to TREATMENT OF ASSISTANT UNITED waive the uncollected portion of a late fee, subsection (d), if a late fee is imposed under STATES ATTORNEYS upon the motion of the defendant, and a subsection (a)— Sec. 201. Retirement treatment of assistant showing, by a preponderance of the evidence, ‘‘(1) an amount equal to 95 percent of each United States attorneys. that— principal payment made by a defendant shall Sec. 202. Provisions relating to incumbents. ‘‘(A) the defendant has made a good faith be credited as otherwise provided by law; and Sec. 203. Agency share contributions. effort to satisfy all unpaid fines or restitu- ‘‘(2) an amount equal to 5 percent of each Sec. 204. Effective date. tion obligations; principal payment shall be credited to the TITLE I—ENHANCED FINANCIAL ‘‘(B) despite the good faith efforts of the Department of Justice Enhanced Financial RECOVERY defendant, the defendant is not likely to sat- Recovery Fund established under section 106 of the Enhanced Financial Recovery and Eq- SEC. 101. UNPAID FINES AND RESTITUTION. isfy the obligations within the time provided uitable Retirement Treatment Act of 2007. N ENERAL for under section 3613 of this title; and (a) I G .—Section 3612 of title 18, ‘‘(d) ORDER OF PAYMENTS.—Payments for a United States Code, is amended— ‘‘(C) the continued collection of a late fee would constitute an undue burden upon the money judgment in a civil matter shall be (1) by striking subsections (d), (e), (g), (h), applied first to the principal and, if any, the and (i); and defendant.’’. (b) REPEAL OF DELINQUENCY AND DEFAULT late fee under subsection (a). If the amount (2) by inserting after subsection (c) the fol- PROVISIONS.—Section 3572 of title 18, United due on either the principal or the late fee has lowing: States Code, is amended by striking sub- been paid in full and the other amount due ‘‘(d) IMPOSITION OF LATE FEE.— sections (h) and (i). remains unpaid, all payments for a money ‘‘(1) IN GENERAL.—A late fee shall be im- judgment in a civil matter shall be applied SEC. 102. REMISSION OF CRIMINAL MONETARY posed upon a defendant if fines or restitution to the other unpaid obligation. If the prin- obligations of the defendant totaling not less PENALTIES. Section 3573 of title 18, United States Code, cipal and the late fee have been paid in full, than $2,500 unpaid as of the date specified in is amended to read as follows: all payments for a money judgment in a civil subsection (f)(1). The late fee imposed under matter shall then be applied to interest. this paragraph shall be 5 percent of the un- ‘‘§ 3573. Petition of the Government for modi- ‘‘(e) DEFINITIONS.—In this section— paid principal balance for an individual and fication or remission ‘‘(1) the term ‘principal’ does not include 10 percent for any other person. ‘‘(a) IN GENERAL.—Upon petition of the any amount that is imposed as interest, pen- ‘‘(2) ALLOCATION OF PAYMENTS.— Government showing that reasonable efforts alty, or a late fee; and ‘‘(A) FINE.—Subject to subparagraph (C), if to collect a fine, restitution obligation, or ‘‘(2) the term ‘unpaid balance due to the a late fee is imposed under paragraph (1) for special assessment are not likely to be effec- United States’— a fine— tive, the court may, in the interest of jus- ‘‘(A) includes any unpaid balance due to a ‘‘(i) an amount equal to 95 percent of each tice, remit all or any part of the fine, res- person that was represented by the Depart- payment made by a defendant shall be cred- titution obligation, or special assessment, ment of Justice in the civil matter in which ited to the Crime Victims Fund established including interest, penalty, and late fees. the money judgment was entered; and under section 1402 of the Victims of Crime ‘‘(b) VICTIMS OTHER THAN THE UNITED ‘‘(B) does not include interest, costs, pen- Act of 1984 (42 U.S.C. 10601) or as otherwise STATES.—In the case of a restitution obliga- alties, or late fees.’’. provided in that section; and tion owed to a victim other than the United (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) an amount equal to 5 percent of each States, the express and clearly voluntary MENT.—The table of sections for subchapter payment shall be credited to the Department consent of the victim is required before the A of chapter 176 of title 28, United States of Justice Enhanced Financial Recovery court may grant such petition. No defendant Code, is amended by striking the item relat- Fund established under section 106 of the En- shall initiate contact with a victim for the ing to section 3011 and inserting the fol- hanced Restitution Enforcement and Equi- purpose of securing consent to a possible re- lowing: table Retirement Treatment Act of 2009. mission except through counsel, the United ‘‘3011. Imposition of late fee.’’. ‘‘(B) RESTITUTION.—Subject to subpara- States attorney, or in such a manner as first SEC. 105. INCREASE IN THE AMOUNT OF SPECIAL graph (C), if a late fee is imposed under para- approved by the court as safe and noncoer- ASSESSMENTS. graph (1) for a restitution obligation— cive.’’. Section 3013 of title 18, United States Code, ‘‘(i) an amount equal to 95 percent of each SEC. 103. PRIORITIZATION OF RESTITUTION EF- is amended by striking subsection (a) and in- payment shall be paid to any victim identi- FORTS. serting the following: fied by the court; and Section 3771 of title 18, United States Code, ‘‘(a) The court shall assess on any person ‘‘(ii) an amount equal to 5 percent of each is amended by adding the following sub- convicted of an offense against the United States— payment shall be credited to the Department section: ‘‘(1) in the case of an infraction or a mis- of Justice Enhanced Financial Recovery ‘‘(g) GUIDELINES.— demeanor— Fund established under section 106 of the En- ‘‘(1) IN GENERAL.—The Attorney General ‘‘(A) if the defendant is an individual— hanced Restitution Enforcement and Equi- shall promulgate guidelines to ensure the ef- ‘‘(i) the amount of $10 in the case of an in- table Retirement Treatment Act of 2009. fective and efficient enforcement of all criminal and civil obligations which are fraction or a class C misdemeanor; ‘‘(C) ORDER OF PAYMENTS.—Payments for ‘‘(ii) the amount of $25 in the case of a fines or restitution shall be applied first to owed to the United States and enforced by class B misdemeanor; and the principal and, if any, the late fee under the Department of Justice. ‘‘(iii) the amount of $100 in the case of a paragraph (1). If the amount due on either ‘‘(2) CONTENTS.—The guidelines promul- gated under paragraph (1) shall require con- class A misdemeanor; and the principal or the late fee has been paid in ‘‘(B) if the defendant is a person other than full and the other amount due remains un- sideration, in making decisions relating to enforcement of criminal and civil obligations an individual— paid, all payments for fines or restitution ‘‘(i) the amount of $100 in the case of an in- shall then be applied to the other unpaid ob- which are owed to the United States, of the amount due, the amount collectible, and fraction or a class C misdemeanor; ligation. If the principal and the late fee ‘‘(ii) the amount of $200 in the case of a have been paid in full, all payments for fines whether the amount is due to individuals who are not likely to be able to enforce the class B misdemeanor; and or restitution shall then be applied to inter- ‘‘(iii) the amount of $500 in the case of a est. obligation without assistance from the De- partment of Justice.’’. class A misdemeanor; and ‘‘(3) DEFINITIONS.—In this subsection— SEC. 104. IMPOSITION OF CIVIL LATE FEE. ‘‘(2) in the case of a felony— ‘‘(A) the term ‘fines or restitution obliga- ‘‘(A) the amount of $100 if the defendant is (a) IN GENERAL.—Section 3011 of title 28, tions’ does not include any amount that is an individual; and imposed as interest, costs, or a late fee; United States Code, is amended to read as follows: ‘‘(B) the amount of $1,000 if the defendant ‘‘(B) the term ‘principal’ does not include is not an individual.’’. ‘‘§ 3011. Imposition of late fee any amount that is imposed as interest, pen- SEC. 106. ENHANCED FINANCIAL RECOVERY alty, or a late fee; and ‘‘(a) IN GENERAL.—A late fee shall be im- FUND. ‘‘(C) the term ‘restitution’ includes any un- posed on a defendant if there is an unpaid (a) ESTABLISHMENT.—There is established paid balance due to a person identified in balance due to the United States on any in the Treasury a separate account known as any judgment, or order of restitution, en- money judgment in a civil matter recovered the Department of Justice Enhanced Finan- tered in any criminal case. in a district court as of— cial Recovery Fund (in this section referred ‘‘(e) WAIVER OF INTEREST, PENALTY, OR ‘‘(1) the fifteenth day after the date of the to as the ‘‘Fund’’). LATE FEES.— judgment; or (b) DEPOSITS.—Notwithstanding section ‘‘(1) IN GENERAL.—The Attorney General ‘‘(2) if the day described in paragraph (1) is 3302 of title 31, United States Code, or any may waive all or part of any interest or late a Saturday, Sunday, or legal public holiday, other law regarding the crediting of collec- fee under this section or any interest or pen- the next day that is not a Saturday, Sunday, tions, there shall be credited as an offsetting alty imposed under any other provision of or legal holiday. collection to the Fund an amount equal to— law if the Attorney General determines that ‘‘(b) AMOUNT OF LATE FEE.—A late fee im- (1) 2 percent of any amount collected pur- reasonable efforts to collect the interest, posed under subsection (a) shall be 5 percent suant to civil debt collection litigation ac- late fee, or penalty are not likely to be effec- of the unpaid principal balance for an indi- tivities of the Department of Justice (in ad- tive. vidual and 10 percent for any other person. dition to any amount credited under section

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11436 CONGRESSIONAL RECORD — SENATE November 17, 2009 11013 of the 21st Century Department of Jus- Attorney General may use amounts remain- ‘‘§ 8352. Assistant United States attorneys tice Appropriations Authorization Act (28 ing in the Fund to offset agency share con- ‘‘An assistant United States attorney shall U.S.C. 527 note)); tributions made by the Department of Jus- be treated in the same manner and to the (2) 5 percent of all amounts collected as tice for personnel benefit expenses incurred same extent as a law enforcement officer for restitution due to the United States pursu- as a result of this Act or the amendments purposes of this chapter, except as follows: ant to the criminal debt collection litigation made by this Act relating to service as an as- ‘‘(1) Section 8335(b)(1) of this title (relating activities of the Department of Justice; and sistant United States attorney before the to mandatory separation) shall not apply. (3) any late fee collected under section 3612 date of enactment of this Act. ‘‘(2) Section 8336(c)(1) of this title (relating of title 18, United States Code, as amended (g) REBATE OF AGENCY OFFSETS.—After ex- to immediate retirement at age 50 with 20 by this Act, or section 3011 of title 28, United pending amounts in the Fund as provided years of service as a law enforcement officer) States Code, as amended by this Act. under subsection (f), all amounts remaining shall apply to assistant United States attor- (c) AVAILABILITY.—The amounts credited in the Fund shall be credited, proportionally, neys except the age for immediate retire- to the Fund shall remain available until ex- to the Federal agencies on behalf of which ment eligibility shall be 57 instead of 50.’’. pended. debt collection litigation activities were (3) TECHNICAL AND CONFORMING AMEND- (d) PAYMENTS FROM THE FUND TO SUPPORT conducted that resulted in deposits under MENTS.— ENHANCED ENFORCEMENT OF JUDGMENTS.— paragraph (1) or (2) of subsection (b) during (A) TABLE OF SECTIONS.—The table of sec- (1) USE FOR COLLECTION.— that fiscal year. tions for chapter 83 of title 5, United States (A) IN GENERAL.—Except as provided in (h) PAYMENTS TO THE GENERAL FUND.— Code, is amended by inserting after the item paragraph (2), the Attorney General shall use After expending amounts in the Fund as pro- relating to section 8351 the following: not less than $20,000,000 of the Fund in each vided under subsection (g), all amounts re- fiscal year, to the extent that funds are ‘‘Sec. 8352. Assistant United States attor- maining in the Fund shall be deposited with neys.’’. available, for the collection of civil and the General Fund of the United States Treas- (B) MANDATORY SEPARATION.—Section criminal judgments by the Department of ury. Justice, including restitution judgments 8335(a) of title 5, United States Code, is (i) DEFINITION.—In this section, the term where the beneficiaries are the victims of amended by striking ‘‘8331(29)(A)’’ and in- ‘‘United States’’— serting ‘‘8331(30)(A)’’. crime. (1) includes— (B) ALLOCATION.—The funds described in (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- (A) the executive departments, the judicial TEM.— subparagraph (A) shall be used to enhance, and legislative branches, the military de- supplement, and improve the civil and crimi- (1) ASSISTANT UNITED STATES ATTORNEY DE- partments, and independent establishments FINED.—Section 8401 of title 5, United States nal judgment enforcement efforts of the De- of the United States; and partment of Justice first, and primarily for Code, is amended— (B) corporations primarily acting as in- (A) in paragraph (35), by striking ‘‘and’’ at such activities by United States attorneys’ strumentalities or agencies of the United offices. A portion of the funds described in the end; States; and (B) in paragraph (36), by striking the pe- subparagraph (A) may be used by the Attor- (2) except as provided in paragraph (1), does ney General to provide legal, investigative, riod and inserting ‘‘; and’’; and not include any contractor of the United (C) by adding at the end the following: accounting, and training support to the States. United States attorneys’ offices in carrying ‘‘(37) ‘assistant United States attorney’— out civil and criminal debt collection activi- SEC. 107. EFFECTIVE DATES. ‘‘(A) means an assistant United States at- ties. (a) IN GENERAL.—Except as provided in this torney appointed under section 542 of title (C) LIMITATION.—The funds described in section, this title and the amendments made 28; and subparagraph (A) may not be used to deter- by this title shall take effect 30 days after ‘‘(B) includes an individual— mine whether a defendant is guilty of an of- the date of enactment of this Act. ‘‘(i) appointed United States attorney fense or liable to the United States, except (b) CRIMINAL CASES.—The amendments under section 541 or 546 of title 28; incidentally for the provision of assistance made by section 105 and subsection (d) of sec- ‘‘(ii) who has previously served as an as- necessary or desirable in a case to ensure the tion 3612 of title 18, United States Code, as sistant United States attorney; and preservation of assets or the imposition of a added by section 101 of this Act, shall apply ‘‘(iii) who elects under section 202 of the judgment, which assists in the enforcement to any offense committed on or after the Enhanced Restitution Enforcement and Eq- of a judgment, or in a proceeding directly re- date of enactment of this Act, including any uitable Retirement Treatment Act of 2009 to lated to the failure of a defendant to satisfy offense which includes conduct that contin- be treated as an assistant United States at- the monetary portion of a judgment. ued on or after the date of enactment of this torney and solely for the purposes of this (2) ADJUSTMENT OF AMOUNT.—In each fiscal Act. title.’’. year following the first fiscal year in which (c) CIVIL CASES.—The amendments made (2) RETIREMENT TREATMENT.—Section 8402 deposits into the Fund are greater than by section 104 shall apply to any case pend- of title 5, United States Code, is amended by $20,000,000, the amount to be used under para- ing on or after the date of enactment of this adding at the end the following: graph (1)(A) shall be increased by a percent- Act. ‘‘(h) An assistant United States attorney shall be treated in the same manner and to age equal to the change in the Consumer TITLE II—EQUITABLE RETIREMENT the same extent as a law enforcement officer Price Index published by the Bureau of Labor TREATMENT OF ASSISTANT UNITED for purposes of this chapter, except as fol- Statistics of the Department of Labor for the STATES ATTORNEYS calendar year preceding that fiscal year. lows: SEC. 201. RETIREMENT TREATMENT OF ASSIST- IMITATION ‘‘(1) Section 8425(b)(1) of this title (relating (3) L .—In any fiscal year, ANT UNITED STATES ATTORNEYS. amounts in the Fund shall be available to to mandatory separation) shall not apply. (a) CIVIL SERVICE RETIREMENT SYSTEM.— the extent that the amount appropriated in ‘‘(2) Section 8412(d) of this title (relating to (1) ASSISTANT UNITED STATES ATTORNEY DE- that fiscal year for the purposes described in immediate retirement at age 50 with 20 years FINED.—Section 8331 of title 5, United States paragraph (1) is not less than an amount of service as a law enforcement officer) shall Code, is amended— equal to the amount appropriated for such apply to assistant United States attorneys (A) in paragraph (30), by striking ‘‘and’’ at activities in fiscal year 2006, adjusted annu- except the age for immediate retirement eli- the end; ally in the same proportion as increases re- gibility shall be 57 instead of 50.’’. (B) in paragraph (31), by striking the pe- flected in the amount of aggregate level of (c) MANDATORY SEPARATION.—Sections riod and inserting ‘‘; and’’; and appropriations for the Executive Office of 8335(b)(1) and 8425(b)(1) of title 5, United (C) by adding at the end the following: United States Attorneys and United States States Code, are each amended by adding at ‘‘(32) ‘assistant United States attorney’— Attorneys. the end the following: ‘‘This subsection shall ‘‘(A) means an assistant United States at- (e) CURRENT AGENCY SHARE CONTRIBU- not apply in the case of an assistant United TIONS.—After expending amounts in the torney appointed under section 542 of title States attorney.’’. Fund as provided under subsection (d), the 28; and SEC. 202. PROVISIONS RELATING TO INCUM- Attorney General may use amounts remain- ‘‘(B) includes an individual— BENTS. ing in the Fund to offset additional agency ‘‘(i) appointed United States attorney (a) DEFINITIONS.—In this section— share contributions made by the Department under section 541 or 546 of title 28; (1) the term ‘‘assistant United States at- of Justice for personnel benefit expenses in- ‘‘(ii) who has previously served as an as- torney’’ means an assistant United States curred as a result of this Act or the amend- sistant United States attorney; and attorney appointed under section 542 of title ments made by this Act relating to service ‘‘(iii) who elects under section 202 of the 28, United States Code; and as an assistant United States attorney on or Enhanced Restitution Enforcement and Eq- (2) the term ‘‘incumbent’’ means an indi- after the date of enactment of this Act. The uitable Retirement Treatment Act of 2009 to vidual who, on the date of enactment of this availability of amounts from the Fund shall be treated as an assistant United States at- Act— have no effect on the implementation of title torney and solely for the purposes of this (A) is serving as an assistant United States II or the amendments made by title II. title.’’. attorney; (f) RETROACTIVE AGENCY SHARE CONTRIBU- (2) RETIREMENT TREATMENT.—Chapter 83 of (B) is serving as a United States Attorney TIONS.—After expending amounts in the title 5, United States Code, is amended by appointed under section 541 or 546 of title 28, Fund as provided under subsection (e), the adding after section 8351 the following: United States Code; or

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11437 (C) is employed by the Department of Jus- officer service, but the resulting annuity States attorney and who is currently serving tice and has served at least 10 years as an as- shall be reduced in a manner similar to that under an appointment under section 541 or sistant United States attorney. described in section 8334(d)(2)(B) of title 5, 546 of title 28, United States Code, may (b) NOTICE REQUIREMENT.—Not later than United States Code. choose to have the election take effect at 180 days after the date of enactment of this (3) PRIOR SERVICE DEFINED.—In this sub- any time between the enactment of this Act Act, the Department of Justice shall take section, the term ‘‘prior service’’ means, and 24 months after the date of enactment of measures reasonably designed to provide no- with respect to any individual who makes an this Act. tice to incumbents on— election (or is deemed to have made an elec- (1) their election rights under this title; tion) under subsection (c)(1)(A), all service By Mr. VOINOVICH (for himself, and credited as an assistant United States attor- Mrs. GILLIBRAND, and Mr. (2) the effects of making or not making a ney, but not exceeding 20 years, performed KAUFMAN): timely election under this title. by such individual before the date as of (c) ELECTION AVAILABLE TO INCUMBENTS.— which applicable retirement deductions S. 2789. A bill to establish a scholar- (1) IN GENERAL.—An incumbent may elect, begin to be made in accordance with such ship program to encourage outstanding for all purposes, to be treated— election. undergraduate and graduate students (A) in accordance with the amendments (f) REGULATIONS.—The Office of Personnel in mission-critical fields to pursue a made by this title; or Management shall prescribe regulations nec- career in the Federal Government; to (B) as if this title had never been enacted. essary to carry out this title, including pro- the Committee on Finance. (2) TIME LIMITATION.—An election under visions under which any interest due on the this subsection shall not be effective unless amount described under subsection (e) shall Mr. VOINOVICH. Mr. President, since the election is made not later than the ear- be determined. arriving in the Senate in 1999, I have lier of— SEC. 203. AGENCY SHARE CONTRIBUTIONS. made improving the Federal workforce (A) 180 days after the date on which the no- (a) IN GENERAL.—The cost for current a priority. In that time, I have served tice under subsection (b) is provided; or agency share contributions for personnel as both chairman and ranking member (B) the date on which the incumbent in- benefits incurred as a result of this Act or of the Subcommittee on Oversight of volved separates from service. the amendments made by this Act may be (3) FAILURE TO ELECT.—Failure to make a Government Management, the Federal paid from the Enhanced Financial Recovery Workforce, and the District of Colum- timely election under this subsection shall Fund. If in any fiscal year the Fund does not be deemed— have a sufficient amount on deposit to sat- bia, and have participated in many (A) for an assistant United States attor- isfy the cost for current agency share con- hearings to examine the personnel ney, as an election under paragraph (1)(A); tributions for personnel benefits incurred as needs of the Federal Government. In and a result of this Act or the amendments made fact, I recently attended my 52nd hear- (B) for any other incumbent, as an election by this Act, the amount of the insufficiency ing examining Federal human capital under paragraph (1)(B). shall be due the next fiscal year. issues. (d) LIMITED RETROACTIVE EFFECT.— (b) RETROACTIVE AGENCY SHARE.—The cost (1) EFFECT ON RETIREMENT.—In the case of for retroactive agency share contributions As my colleagues surely know, over an incumbent who elects (or is deemed to for personnel benefits incurred as a result of the next several years the Federal have elected) the option under subsection this Act or the amendments made by this workforce will experience an unprece- (c)(1)(A), all service performed by that indi- Act may be paid from the Enhanced Finan- dented demographic transition. By De- vidual as an assistant United States attor- cial Recovery Fund. Notwithstanding section cember 2012, 250,000 Federal employees ney shall— 8348(f) or section 8423(b) of title 5, United are expected to retire. To maintain (A) to the extent performed on or after the States Code, an amount equal to the amount current staff levels amidst the impend- effective date of that election, be treated in remaining in the Enhanced Financial Recov- accordance with applicable provisions of sub- ery Fund in any fiscal year, after the ing wave of Baby Boomer retirements, chapter III of chapter 83 or chapter 84 of title amounts credited to the Fund have been ex- and to cope with the increasing work- 5, United States Code, as amended by this pended to satisfy the requirements of sub- load being placed on civil servants by title; and sections (d) and (e) of section 106 of this Act, Congress and the administration, more (B) to the extent performed before the ef- shall be credited toward the cost for retro- than 600,000 positions will need to be fective date of that election, be treated in active agency share contributions for per- filled over this time period. accordance with applicable provisions of sub- sonnel benefits incurred as a result of this This hiring challenge will be particu- chapter III of chapter 83 or chapter 84 of title Act or the amendments made by this Act 5, United States Code, as if the amendments until such cost, along with accumulated in- larly significant for those positions made by this title had then been in effect. terest, has been satisfied in full. designated by Federal agencies as (2) CREDITABLE SERVICE.—All service per- (c) USE OF FUNDS.—Funds appropriated for ‘‘mission-critical,’’ or necessary for formed by an incumbent under an appoint- the Department of Justice shall not be used carrying out basic agency responsibil- ment under section 515, 541, 543, or 546 of title to pay for the additional cost for current or ities. In its recently released survey of 28, United States Code and while concur- retroactive agency share contributions for the coming hiring challenge, Where the personnel benefits incurred as a result of this rently employed by the Department of Jus- Jobs Are, the Partnership for Public tice shall be credited in the same manner as Act or the amendments made by this Act ex- if performed as an assistant United States cept as directed by the Attorney General. Service estimates that 273,000 new pub- attorney. SEC. 204. EFFECTIVE DATE. lic servants—from doctors to intel- (3) NO OTHER RETROACTIVE EFFECT.—Noth- (a) IN GENERAL.—This title shall take ef- ligence analysts, program managers to ing in this title (including the amendments fect on the date of enactment of this Act. police officers—will need to be brought made by this title) shall affect any of the (b) INCUMBENTS.—In the case of an incum- on board to maintain current staffing terms or conditions of an individual’s em- bent who elects (or is deemed to have elect- levels, a 40 percent increase from the ployment (apart from those governed by sub- ed) the option under section 202(c)(1)(A) of previous 3-year period. chapter III of chapter 83 or chapter 84 of title this title, the election shall not take effect 5, United States Code) with respect to any until 24 months after the date of enactment Successfully meeting this human period of service preceding the date on which of this Act, except as follows: capital challenge will require a sus- such individual’s election under subsection (1) An incumbent with at least 30 years of tained, multi-pronged effort addressing (c) is made (or is deemed to have been made). service as an assistant United States attor- a host of issues. The Federal hiring (e) INDIVIDUAL CONTRIBUTIONS FOR PRIOR ney may choose to have the election take ef- process needs streamlining, improve- SERVICE.— fect at any time between 6 and 24 months ments must continue in the processing (1) IN GENERAL.—An individual who makes after the date of enactment of this Act. of security clearances, and agencies an election under subsection (c)(1)(A) shall, (2) An incumbent with at least 25 years of with respect to prior service performed by service credited as an assistant United will need to approach future hiring de- such individual, deposit, with interest, to the States attorney may choose to have the elec- cisions in a strategic fashion rather Civil Service Retirement and Disability tion take effect at any time between 12 and than a tactical, reactive one. Fund the difference between the individual 24 months after the enactment of this Act; No matter how effectively the Fed- contributions that were actually made for (3) An incumbent with at least 20 years of eral hiring process is planned for and such service and the individual contributions service credited as an assistant United managed, however, an effective work- that would have been made for such service States attorney may, with the approval of force cannot be built in the absence of if the amendments made by this title had the Attorney General, choose to have the talented individuals willing to pursue then been in effect. election take effect at any time between 6 (2) EFFECT OF NOT CONTRIBUTING.—If the de- and 24 months after the date of enactment of careers in public service. The need for posit required under paragraph (1) is not this Act; and well-qualified young people with aspi- paid, all prior service of the incumbent shall (4) An incumbent with at least 20 years rations to careers in public service is remain fully creditable as law enforcement service credited as an assistant United particularly important for mission-

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11438 CONGRESSIONAL RECORD — SENATE November 17, 2009 critical occupations, which tend to re- I urge my colleagues to join in co- (1) in paragraph (1), by striking ‘‘and’’ at quire highly specialized skill sets that sponsoring the Roosevelt Scholars Act, the end; too often are in short supply. and look forward to working with my (2) in paragraph (2)(C), by striking the pe- At the same time, the average debt colleagues in the House and Senate to riod at the end and inserting ‘‘; and’’; and load undergraduate and graduate stu- (3) by adding at the end the following new provide young people the opportunity paragraph: dents must bear to finance their edu- to pursue a career in public service as ‘‘(3) who, in the absence of personal care cation continues to increase. As a re- Roosevelt Scholars. services, would require hospitalization, nurs- sult, many young Americans who f ing home care, or other residential care.’’. would otherwise be eager to join the (b) EXPANSION.—Such section 1717A(b) is civil service are prevented from doing AMENDMENTS SUBMITTED AND further amended, in paragraph (1), by strik- so. PROPOSED ing ‘‘on or after September 11, 2001’’. In an effort to help established a tal- SA 2784. Mr. VITTER submitted an amend- f ent pipeline for such mission-critical ment intended to be proposed by him to the NOTICE OF HEARING positions, today I join with the distin- bill H.R. 3082, making appropriations for guished Senator from New York, Sen- military construction, the Department of COMMITTEE ON ENERGY AND NATURAL ator GILLIBRAND, and the distinguished Veterans Affairs, and related agencies for RESOURCES Senator from Delaware, Senator KAUF- the fiscal year ending September 30, 2010, and Mr. BINGAMAN. Mr. President, I for other purposes; which was ordered to lie MAN, to introduce legislation aimed at would like to announce for the infor- on the table. encouraging and enabling young people SA 2785. Mr. COBURN submitted an mation of the Senate and the public with valuable, mission-critical skills to amendment intended to be proposed by him that a hearing has been rescheduled be- pursue careers in public service. to the bill S. 1963, to amend title 38, United fore the Senate Committee on Energy The Roosevelt Scholars Act of 2009 States Code, to provide assistance to care- and Natural Resources. The hearing would establish a foundation named in givers of veterans, to improve the provision will be held on Wednesday, December 2, honor of our 26th President and a prin- of health care to veterans, and for other pur- 2009, at 10 a.m., in room SD–366 of the cipal architect of the modern civil poses; which was ordered to lie on the table. Dirksen Senate Office Building. service, Theodore Roosevelt. The Theo- f The purpose of this hearing is to re- dore Roosevelt Scholarship Foundation TEXT OF AMENDMENTS ceive testimony on policy options for would be charged with awarding schol- reducing greenhouse gas emissions. Mr. VITTER submitted an arships to outstanding undergraduate SA 2784. Because of the limited time available amendment intended to be proposed by and graduate students pursuing fields for the hearing, witnesses may testify him to the bill H.R. 3082, making ap- of study identified by Federal agencies by invitation only. However, those propriations for military construction, as mission-critical. In return for tui- wishing to submit written testimony the Department of Veterans Affairs, tion support and a small stipend, se- for the hearing record may do so by and related agencies for the fiscal year lected students—dubbed Roosevelt sending it to the Committee on Energy ending September 30, 2010, and for Scholars—would be required to engage and Natural Resources, United States other purposes; which was ordered to in 3 to 5 years of service with a Federal Senate, Washington, D.C. 20510–6150, or lie on the table; as follows: agency in need of an individual with a by e-mail to Roosevelt Scholar’s unique skill set. At the appropriate place, insert the fol- [email protected] lowing: Scholarships would be provided For further information, please con- through the Theodore Roosevelt Memo- SEC. lll. At the discretion of the Attor- ney General, funds appropriated under the tact Jonathan Black at (202) 224–6722 or rial Scholarship Trust Fund, whose en- heading ‘‘Byrne Discretionary grants’’ under Gina Weinstock at (202) 224–5684. dowment would eventually provide a funding for the Department of Justice in the f self-sustaining funding mechanism for Commerce, Justice, Science, and Related Roosevelt Scholarships. Agencies Appropriations Act, 2009 (Public AUTHORITY FOR COMMITTEES TO I am pleased to be joined in offering Law 111-8) to the Louisiana District Attor- MEET this legislation by enthusiastic part- ney’s Association for the purpose to support COMMITTEE ON AGRICULTURE, NUTRITION, AND ners. Senator GILLIBRAND is a strong an early intervention program for at-risk el- FORESTRY ementary students may be available to the supporter of encouraging Americans to Ms. MIKULSKI. Mr. President, I ask pursue careers in public service, and I University of Louisiana-Lafayette for the same purpose. unanimous consent that the Com- am thankful for her diligent work in mittee on Agriculture, Nutrition, and advancing this legislation. Likewise, SA 2785. Mr. COBURN submitted an Forestry be authorized to meet during Senator KAUFMAN has demonstrated amendment intended to be proposed by the session of the Senate on November his strong support of our Nation’s civil him to the bill S. 1963, to amend title 17, 2009, at 10:30 a.m., in room 562 of the servants by his frequent appearances 38, United States Code, to provide as- Russell Senate Office Building. on the floor of this chamber to recog- sistance to caregivers of veterans, to The PRESIDING OFFICER. Without nize the accomplishments of out- improve the provision of health care to objection, it is so ordered. standing Federal employees. And on veterans, and for other purposes; which COMMITTEE ON BANKING, HOUSING, AND URBAN the other side of the Capitol Rotunda, was ordered to lie on the table; as fol- AFFAIRS Representatives DAVID PRICE and MI- lows: Ms. MIKULSKI. Mr. President, I ask CHAEL CASTLE are already hard at work On page 177, after line 10, add the fol- unanimous consent that the Com- promoting this important legislation. lowing: The higher education community has mittee on Banking, Housing, and SEC. 1003. REQUIREMENT TO TRANSFER FUND- Urban Affairs be authorized to meet been quick to see the promise offered ING FOR UNITED NATIONS CON- by the Roosevelt Scholars Act. More TRIBUTIONS TO OFFSET COSTS OF during the session of the Senate on No- than 100 public and private universities PROVIDING ASSISTANCE TO FAMILY vember 17, 2009, at 3 p.m., to conduct a CAREGIVERS OF DISABLED VET- hearing entitled ‘‘Protecting Con- have endorsed this legislation, and the ERANS. list continues to grow. sumers From Abusive Overdraft Fees: The Secretary of State shall transfer to The Fairness and Accountability in Re- I will be the first to tell my col- the Secretary of Veterans Affairs, out of leagues that problems as daunting as amounts appropriated or otherwise made ceiving Overdraft Coverage Act.’’ those facing the Federal workforce are available in a fiscal year for ‘‘Contributions The PRESIDING OFFICER. Without not solved overnight. I have learned to International Organizations’’ and ‘‘Con- objection, it is so ordered. from 18 years as a public executive— tributions for International Peacekeeping COMMITTEE ON COMMERCE, SCIENCE, AND first as mayor of Cleveland, then as Activities’’, such sums as the Secretaries TRANSPORTATION Governor of Ohio—that progress on jointly determine are necessary to carry out Ms. MIKULSKI. Mr. President, I ask the provisions of this Act and the amend- unanimous consent that the Com- such challenges is made incrementally. ments made by this Act. Opportunities offered by legislation mittee on Commerce, Science, and SEC. 1004. MODIFICATION OF ELIGIBILITY FOR like the Roosevelt Scholars Act are im- FAMILY CAREGIVER ASSISTANCE. Transportation be authorized to meet portant components in a larger strat- (a) LIMITATION.—Section 1717A(b), as added during the session of the Senate on No- egy. by section 102 of this Act, is amended— vember 17, 2009, at 2:30 p.m., in room

VerDate Nov 24 2008 06:41 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S17NO9.REC S17NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 17, 2009 CONGRESSIONAL RECORD — SENATE S11439 253 of the Russell Senate Office Build- 17, 2009, at 10 a.m. in room SD–226 of ADJOURNMENT UNTIL 9:30 A.M. ing. the Dirksen Senate Office Building, to TOMORROW The PRESIDING OFFICER. Without conduct a hearing entitled ‘‘Cybersecu- Mrs. MURRAY. Mr. President, if objection, it is so ordered. rity: Preventing Terrorist Attacks and there is no further business to come be- COMMITTEE ON ENERGY AND NATURAL Protecting Privacy in Cyberspace.’’ fore the Senate, I ask unanimous con- RESOURCES The PRESIDING OFFICER. Without sent that it adjourn under the previous Ms. MIKULSKI. Mr. President, I ask objection, it is so ordered. order. unanimous consent that the Com- f There being no objection, the Senate, mittee on Energy and Natural Re- at 6:24 p.m., adjourned until Wednes- sources be authorized to meet during PRIVILEGES OF THE FLOOR day, November 18, 2009, at 9:30 a.m. the session of the Senate on November Mr. MERKLEY. Mr. President, I ask f 17, 2009, at 10 a.m., in room SD–366 of unanimous consent that a member of NOMINATIONS the Dirksen Senate Office Building. my team, Jeanne Atkins, be granted Executive nominations received by The PRESIDING OFFICER. Without the privileges of the floor for the dura- the Senate: objection, it is so ordered. tion of the day. COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without FEDERAL TRADE COMMISSION Ms. MIKULSKI. Mr. President, I ask objection, it is so ordered. JULIE SIMONE BRILL, OF VERMONT, TO BE A FEDERAL TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS unanimous consent that the Com- FROM SEPTEMBER 26, 2009, VICE PAMELA HARBOUR, mittee on Foreign Relations be author- f TERM EXPIRED. EDITH RAMIREZ, OF CALIFORNIA, TO BE A FEDERAL ized to meet during the session of the APPOINTMENT TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS Senate on November 17, 2009, at 2:15 FROM SEPTEMBER 26, 2008, VICE DEBORAH P. MAJORAS, p.m. The PRESIDING OFFICER. The TERM EXPIRED. The PRESIDING OFFICER. Without Chair, on behalf of the majority leader, APPALACHIAN REGIONAL COMMISSION objection, it is so ordered. in consultation with the Republican EARL F. GOHL, JR., OF THE DISTRICT OF COLUMBIA, TO leader, pursuant to Public Law 95–277, BE FEDERAL COCHAIRMAN OF THE APPALACHIAN RE- COMMITTEE ON FOREIGN RELATIONS GIONAL COMMISSION, VICE ANNE B. POPE, RESIGNED. as amended by Public Law 102–246, ap- Ms. MIKULSKI. Mr. President, I ask DEPARTMENT OF STATE points the following individuals as unanimous consent that the Com- members of the Library of Congress SCOTT H. DELISI, OF MINNESOTA, A CAREER MEMBER mittee on Foreign Relations be author- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- Trust Fund Board for 5-year terms: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ized to meet during the session of the Elaine Wynn of Nevada, vice Bernard PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Senate on November 17, 2009, at 3 p.m., TO THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL. Rapoport, and Tom Girardi of Cali- BEATRICE WILKINSON WELTERS, OF VIRGINIA, TO BE to hold a hearing entitled ‘‘The U.S. fornia, vice Leo Hindery. AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY and the G–20: Remaking the Inter- OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF TRINIDAD AND TOBAGO. national Economic Architecture.’’ f FOREIGN SERVICE The PRESIDING OFFICER. Without objection, it is so ordered. ORDERS FOR WEDNESDAY, THE FOLLOWING-NAMED CAREER MEMBERS OF THE NOVEMBER 18, 2009 SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- COMMITTEE ON HOMELAND SECURITY AND RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- IOR FOREIGN SERVICE TO THE CLASSES INDICATED: CA- GOVERNMENTAL AFFAIRS Mrs. MURRAY. Mr. President, I ask REER MEMBER OF THE SENIOR FOREIGN SERVICE, Ms. MIKULSKI. Mr. President, I ask unanimous consent that when the Sen- CLASS OF CAREER MINISTER: unanimous consent that the Com- ate completes its business today, it ad- SUZANNE E. HEINEN, OF MICHIGAN journ until 9:30 a.m., Wednesday, No- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, mittee on Homeland Security and Gov- CLASS OF MINISTER-COUNSELOR: ernmental Affairs be authorized to vember 18; that following the prayer HOLLY S. HIGGINS, OF IOWA meet during the session of the Senate and pledge, the Journal of proceedings CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, on November 17, 2009, at 2:30 p.m., to be approved to date, the morning hour CLASS OF COUNSELOR: conduct a hearing entitled ‘‘H1N1 Flu: be deemed expired, the time for the two BERNADETTE BORRIS, OF NEW JERSEY Getting the Vaccine to Where It Is leaders be reserved for their use later IN THE COAST GUARD Most Needed.’’ in the day, and the Senate proceed to a THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES The PRESIDING OFFICER. Without period of morning business, with Sen- COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION objection, it is so ordered. ators permitted to speak for up to 10 12203(A) SELECT COMMITTEE ON INTELLIGENCE minutes each, and that Senator ROCKE- To be captain Ms. MIKULSKI. Mr. President, I ask FELLER be recognized to speak; that ANDREW G. LISKE unanimous consent that the Select following his remarks, there be a pe- IN THE AIR FORCE Committee on Intelligence be author- riod of morning business for 2 hours, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT with the time equally divided and con- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ized to meet during the session of the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Senate on November 17, 2009, at 2:30 trolled between the two leaders or AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION p.m. their designees, with the majority con- 601: The PRESIDING OFFICER. Without trolling the first hour and the Repub- To be lieutenant general objection, it is so ordered. licans controlling the next hour; that MAJ. GEN. JANET C. WOLFENBARGER following morning business, the Senate THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SUBCOMMITTEE ON AFRICAN AFFAIRS STATES OFFICER FOR APPOINTMENT IN THE RESERVE Ms. MIKULSKI. Mr. President, I ask proceed to executive session and re- OF THE AIR FORCE TO THE GRADE INDICATED UNDER unanimous consent that the Com- sume consideration of the nomination TITLE 10, U.S.C., SECTIONS 12203 AND 12212: mittee on Foreign Relations be author- of David Hamilton to be U.S. circuit To be brigadier general ized to meet during the session of the judge for the Seventh Circuit. Finally, COL. FRANK J. SULLIVAN Senate on November 17, 2009, at 10:30 I ask that the postcloture time count IN THE NAVY a.m., to hold a Subcommittee on Afri- during any adjournment, recess, or pe- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT riod of morning business. IN THE UNITED STATES NAVY TO THE GRADE INDICATED can Affairs hearing entitled ‘‘Counter- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND terrorism in the Trans-Sahel: Exam- The PRESIDING OFFICER. Without RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ining U.S. Strategy.’’ objection, it is so ordered. To be vice admiral The PRESIDING OFFICER. Without f REAR ADM. WILLIAM R. BURKE objection, it is so ordered. IN THE AIR FORCE PROGRAM SUBCOMMITTEE ON TERRORISM AND HOMELAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECURITY Mrs. MURRAY. Mr. President, to- IN THE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203(A): Ms. MIKULSKI. Mr. President, I ask morrow the Senate will resume the To be colonel unanimous consent that the Com- postcloture debate time on the Ham- mittee on the Judiciary, Sub Com- ilton nomination. If all time is used, ELISHA T. POWELL IV mittee on Terrorism and Homeland Se- the Senate would vote on confirmation IN THE ARMY curity, be authorized to meet during of the nomination around 11 p.m. to- THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE the session of the Senate, on November morrow. 10, U.S.C., SECTION 12203:

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RECOGNIZING THE RETIREMENT Please oppose this amendment and protect Description of Request: This funding will be OF PETTY OFFICER JOHN M. women’s health. used to find new market opportunities for com- COOPER III f modity agricultural products, improve efficiency of production, develop new methods of dis- IN HONOR AND RECOGNITION OF ease control for both plant and animal com- HON. TRAVIS W. CHILDERS SISTER DONNA L. HAWK OF MISSISSIPPI modities, and facilitate communication be- tween the government and academic sci- IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH Tuesday, November 17, 2009 entists and American Industry. OF OHIO f Mr. CHILDERS. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to honor Petty Officer John M. Cooper LISTEN TO THE DISSIDENTS Tuesday, November 17, 2009 III, United States Navy. Petty Officer Cooper III is retiring from the Navy after 20 years of Mr. KUCINICH. Madam Speaker, I rise HON. FRANK R. WOLF today in honor and recognition of Sister Donna service to our nation. OF VIRGINIA L. Hawk of Cleveland, Ohio, as she is named In 1990, Petty Officer Cooper III, enlisted in IN THE HOUSE OF REPRESENTATIVES the United States Navy. In his career as Hull the West Side Catholic Center’s Walk in Faith Technician, Petty Officer Cooper III was re- recipient of 2009. Tuesday, November 17, 2009 sponsible for helping to keep the fleet oper- Throughout her life, Sister Donna Hawk has Mr. WOLF. Madam Speaker, I would like to ational and ensuring that the navy vessels are turned her faith into action, uplifting the lives share with our colleagues an editorial from the in good condition. of those living on the streets. Sister Donna November 8 Washington Post by columnist During his time in the United States Navy, has become a nationally-known leader by cre- Jim Hoagland. Hoagland’s piece is aptly titled Petty Officer Cooper III traveled the world and ating and operating transitional housing for the ‘‘Listen to the Dissidents.’’ Hoagland points out received many medals and ribbons for his homeless, especially for women and their chil- the limits of ‘‘engagement’’ as pursued by the service. He was certified as a Quality Assur- dren fleeing domestic violence. While working Obama administration—particularly engage- ance Officer, Safety Supervisor, and Gas Free for many years as a volunteer at the West ment that relegates human rights issues to the Engineer. Side Catholic Shelter, Sister Donna developed back-burner. Petty Officer Cooper III has dedicated years a special compassion for women, many of It is tragic that, as Hoagland points out, ‘‘the of service to this nation, and for that, we thank whom had young children, who sought refuge dissident—a hero and catalyst for enormous him. I ask my colleagues to join me today in from abusive situations. change in the Soviet empire, China, the Phil- honoring Petty Officer John M. Cooper III on In 1986, without funding, Sister Donna ippines and elsewhere only two decades the occasion of his retirement from the United teamed with Sister Loretta Schulte to rally ago—has become a largely neglected and ab- States Navy. community leaders and developers in order to sent figure in this administration’s diplomacy.’’ f transform a motel on Cleveland’s west side I join the growing chorus of voices in urging into Transitional Housing, Inc.—a place of the President to listen to the dissidents. AFFORDABLE HEALTH CARE FOR shelter and source of counseling and re- [From the Washington Post, Nov. 8, 2009.] AMERICA ACT sources for women and children in need. For LISTEN TO THE DISSIDENTS more than twenty years, Transitional Housing, (By Jim Hoagland) HON. DONNA F. EDWARDS Inc. has served as a model for similar pro- Barack Obama’s extended hand was OF MARYLAND grams throughout the nation and across the whacked across the knuckles by the leaders IN THE HOUSE OF REPRESENTATIVES world. of Iran, Syria and assorted other thuggeries Tuesday, November 17, 2009 Madam Speaker, please join me in honoring last week. But the Obama administration did and recognizing of Sister Donna L. Hawk, manage a good demonstration in Burma of Ms. EDWARDS of Maryland. Mr. Speaker, I whose faith in action, unwavering belief in the how its brand of engagement can and should object to the anti-choice amendment brought possibility of transformation, and staunch ad- work. forward by Reps. BART STUPAK and JOSEPH vocacy has given strength and hope to count- Kurt Campbell, the State Department’s top PITTS. The Stupak-Pitts amendment goes be- less women and children. Asia official, traveled to the isolated mili- yond the scope of current law and effectively tary dictatorship to talk with its corrupt prohibits private insurers in the health insur- f junta. But Campbell also insisted on having ance Exchange from offering insurance plans EARMARK DECLARATION a highly visible meeting with the leader of with abortion provisions. This amendment pro- the country’s democracy movement, Aung San Suu Kyi, and then publicly called on her hibits the use of federal funds from covering HON. AARON SCHOCK persecutors to grant her party more free- any part of the costs of any health care plan OF ILLINOIS doms. that includes coverage of abortion coverage, IN THE HOUSE OF REPRESENTATIVES This is the balance that has been missing even if federal dollars do not go towards an in Obama’s outreach to other authoritarian abortion procedure. This amendment truly un- Tuesday, November 17, 2009 states. Demonstrators on the streets of dermines the spirit of health care reform by ra- Mr. SCHOCK. Madam Speaker, in accord- Tehran underlined the president’s missing tioning women’s care and taking away current ance with the Republican adopted standards link Wednesday by chanting: ‘‘Obama, benefits plans that include abortion coverage. on earmarks, I submit the below detailed ex- Obama—either you’re with them or you’re with us,’’ as Iranian police beat them, ac- This amendment strips women’s legal right planation of the Biotechnology Research and cording to news accounts. Obama and his ad- to abortion procedures and turns back the Development Corporation in Peoria, Illinois. visers need to take the dissidents’ message clock on decades of legal precedent and legis- Bill Number: H.R. 2997—FY 2010 Agri- to heart. lation. culture, Rural Development, Food and Drug The dissident—a hero and catalyst for This is a procedure that some women must Administration, and Related Agencies Appro- enormous change in the Soviet empire, consider in the interest of their health. This is priations Act. China, the Philippines and elsewhere only a choice that no one, not a Member of Con- Provisions/Account: Agriculture Research two decades ago—has become a largely ne- gress, or government official should make for Service—Salaries and Expenses. glected and absent figure in this administra- a woman. This is a woman’s choice that must Name and Address of Requesting Entity: tion’s diplomacy. Media coverage of political protest globally also seems to have waned be preserved. A woman’s reproductive choice The entity to receive funding for this project is since the end of the Cold War. has been recognized by the Supreme Court of the Biotechnology Research and Development True, Obama and Secretary of State Hil- this country, and honored by the citizens and Corporation at 1815 North University Street, lary Clinton have made symbolic gestures lawmakers of this country. Peoria, Illinois 61604. toward the politically oppressed on their

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

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K17NO8.001 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2780 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2009 travels and in pro forma statements. But, as HONORING FERNANDO C. LEONID NEVZLIN the president’s coming visit to China will MACHADO again show, dissident political movements have not been incorporated into his strategy HON. ROBERT WEXLER for changing the world. The president be- HON. JIM COSTA lieves so strongly in his powers of persuasion OF CALIFORNIA OF FLORIDA that the transformative work once done by Lech Walesa, Alexander Solzhenitsyn, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Corazon Aquino, Wei Jingsheng and others Tuesday, November 17, 2009 now falls largely on his shoulders. Camp- Tuesday, November 17, 2009 bell’s meeting with Suu Kyi provided a use- Mr. COSTA. Madam Speaker, I rise today to Mr. WEXLER. Madam Speaker, I would like ful corrective, for one country at least, to pay special tribute to a man whose life and this tendency. pursuits exemplify the spirit of fortitude, entre- to bring to my colleagues’ attention the achievements of Leonid Nevzlin, a person who George W. Bush proved that it is possible preneurship, virtues of family and citizenship to overdo support for dissident movements demonstrated by so many of those who strive deserves recognition as a champion of the hu- and the vilification of their tormentors, just to provide food and fiber to the citizens of this manities in Russia, a civic leader in his adopt- as his father demonstrated that it can be un- great nation. Many things have contributed to ed homeland Israel, and a philanthropist derdone (see Bush 41’s effort to keep the So- California’s bountiful agriculture industry and across three continents. I am proud to pay viet Union and Yugoslavia from disinte- economic well-being, but one significant un- tribute to this extraordinary man, who has grating). The Bush 43 administration, in derlying factor in California’s agricultural suc- dedicated his life and his resources to sup- fact, bears some of the responsibility for the porting important social efforts and has pro- eclipse of the dissident in the public mind. cess has been the presence of agricultural vided leadership to the Jewish Diaspora The focus of many journalists’ and political leaders such as Fernando C. Machado. A vet- activists has recently been on U.S. human eran farmer and former dairyman, Mr. Fred around the world. His generous support for rights abuses rather than those of much Machado is being honored on November 18, numerous organizations has made him an ex- more brutal foreign regimes. 2009 in Fresno, California as the 2009 Agri- ample to his countrymen for taking a social So Obama’s decision to reach out and en- culturist of the Year by the Greater Fresno stand and making giving and sharing a way of courage hostile regimes to relax their grip Area Chamber of Commerce. life. internally made initial tactical sense, espe- Fred Machado, born an American citizen on Mr. Nevzlin has been instrumental in intro- cially in Iran. The administration deserves the Azores Island of Portugal in 1932, moved ducing democratic reforms and social respon- some credit for the current political fluidity back to the United States with his family in there. Removing the United States as a sibility to the former Soviet Union. He was di- 1949. After a four-year tour in the United rectly involved in a number of projects to sup- heavy-handed, threatening enemy helped ex- States Navy during the Korean War, Mr. pose President Mahmoud Ahmadinejad’s port Russian President Boris Yeltsin in an ef- Machado returned to California in 1955 where manifest failures of governance and helped fort to boost civil society and democratic free- he began to farm twenty-six acres of rented meaningful dissent to surface and spread. doms during the Russian Federation’s transi- land near Easton. To make ends meet, he tion from communism. In June 2003, after But the extended-hand tactic may have also worked on dairies, at cotton gins and at run its course there. Ayatollah Ali helping to establish several foundations arid Khamenei, the country’s highest authority, various other odd jobs. Today, Fred continues to farm, but on his own 800 acres of almonds, pro-democracy organizations, Mr. Nevzlin was used inflammatory language to denounce elected President of the Russian National Hu- Obama and the U.S.-originated proposal on grapes, orchards and feed crops. manities University. This university, which was uranium reprocessing given to Iran on Oct. 1 Fred and his family have always been in- in Geneva. Even though U.S. officials volved in the San Joaquin Valley agricultural created to foster the country’s new liberal- claimed at the time that Iran had ‘‘accept- industry in a variety of capacities over the minded elite, has received an unprecedented ed’’ the proposal—which effectively drops the years. He was quoted recently as saying, ‘‘I $10 million in financial support. In the autumn long-standing U.S. demand for Iran to sus- will always be in farming as long as I can, I of 2003, Mr. Nevzlin was forced to leave Rus- pend its enrichment of uranium as a condi- cannot get away from the dirt.’’ Machado con- sia, at which time he become a citizen of tion for negotiations—Khamenei said that Israel and began to expand his efforts on be- its terms were unacceptable. tinued, ‘‘It’s been great for us. We’ve made a good living, we’ve raised our family there . . . half of the Jewish people. Meanwhile, protesters were voicing con- We’re just real happy to be involved in agri- cern that Obama’s single-minded pursuit of a Mr. Nevzlin’s private manner belies the fact culture.’’ nuclear deal is conveying legitimacy to that he is one of the most important inter- Khamenei and Ahmadinejad—at the dis- A past president of the Fresno County Farm national Jewish leaders today. His continuous sidents’ expense. They did not seem to have Bureau, Mr. Machado has also served on the efforts to give a contemporary meaning to the been impressed by the general words of sup- board of directors of the National Milk Pro- concept of ‘‘Jewish peoplehood’’—primarily port contained in a message issued by Obama ducers Federation, Challenge Dairy and Dan- through his deep involvement in the Museum to mark not this political uprising but the ish Creamery and several other agriculture of Jewish Diaspora in Tel Aviv—has re-ener- 30th anniversary of the seizure of the U.S. committees in the Valley. He has extensive gized Jewish communities and organizations Embassy in Tehran, an event celebrated in community service in organizations such as Iran but not here. around the world. Mr. Nevzlin is also one of Veterans of Foreign Wars Post #84, Knights of Syria also served notice that its priorities the largest and earliest supporters of the Tom Columbus #153 of Easton, Fraternal Order of Lantos Foundation for Human Rights, estab- have not been influenced by Team Obama’s Eagles Fresno Aerie #39, and the Portuguese repeated blandishments for better relations. lished to honor our distinguished colleague’s Fraternal Organizations—I.D.E.S.S., S.E.S, Israel intercepted a major clandestine Ira- memory and to carry on his work for human and U.P.E.C. nian arms shipment destined for Syria and rights around the world. In recognition of his the Hezbollah guerrillas it supports in Leb- Fred Machado has also been the recipient activism and leadership, Mr. Nevzlin was re- anon. And As-Safir, a Syrian-controlled of a number of other awards, among which cently named this year’s chairperson of the newspaper in Beirut, launched a vitriolic, are Fresno County Farm Bureau’s Distin- General Assembly of the United Jewish Com- sexist attack on Michele Sison, the able U.S. guished Service Award, the California Farm munities, the largest gathering of the Jewish ambassador to Lebanon, that concluded by Bureau’s Distinguished Service Award, and calling on its readers to ‘‘silence this chat- community, which will take place in Wash- California State University Fresno, Ag One terbox’’—an ominous statement in a country ington, DC in the fall. where U.S. and European diplomats have Community Salute Award. The award Mr. been murdered. Machado is receiving this November 18th is It is for all these reasons, Madam Speaker, indeed a high honor in Fresno County. Fred is that I believe it is fitting that we recognize Leo- Friendly, principled engagement is a useful nid Nevzlin’s commitment to advancing the tool—up to a point. It is probably worth ex- truly deserving of this award. It is especially ploring in Burma with new steps. But there fitting to congratulate and salute Mr. Fred cause of civil society and human rights and also has to be a workable Plan B—something Machado for his outstanding service to agri- his leadership and generous support of organi- Obama will now have to demonstrate that he culture, the people of California and our na- zations dedicated to serving the needs of oth- has developed for Iran and Syria. tion. ers.

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.002 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2781 RECOGNIZING THE ACCOMPLISH- IN HONOR OF JOHN TIMOTHY A TRIBUTE TO DEACON WILLIE MENTS AND CONTRIBUTIONS OF ‘‘JACK’’ MULHALL, SR. JAMES MS. ANTHONETTE PEN˜ A HON. DENNIS J. KUCINICH HON. EDOLPHUS TOWNS OF OHIO OF NEW YORK HON. ALCEE L. HASTINGS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Tuesday, November 17, 2009 Tuesday, November 17, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Madam Speaker, I rise today Mr. KUCINICH. Madam Speaker, I rise in recognition of Deacon Willie James, an ex- Tuesday, November 17, 2009 today in honor of John Timothy ‘‘Jack’’ traordinary community organizer who will be Mulhall, Sr., for his lifelong dedication to the missed by Brooklyn. Mr. HASTINGS of Florida. Madam Speaker, service of others, and especially for his com- Deacon Willie James a native New Yorker, I rise today to honor an outstanding educator mitment to helping tens of thousands of peo- was born in Harlem Hospital on April 28th, and devoted mentor, Ms. Anthonette Pen˜a. ple build lives based on a platform of hope, 1936. When he was 18 years old he entered Anthonette teaches eighth grade science at strength and sobriety. the Air Force and served 4 years doing a stint Howell L. Watkins Middle School in Palm Mr. Mulhall grew up in Cleveland and grad- in Maine and Morocco. Of his many accom- Beach Gardens, FL and is indeed among Flor- uated from Holy Name High School. He joined plishments, he was a very proud member of ida’s best and brightest. A standout among the Army, and in July, 1944 at a USO dance the 80th Supply Squadron and received the in Natchez, Mississippi, he met the love of his her colleagues with a passion for teaching and Good Conduct Medal for his demonstration of life, Estelle Jones. They married three months shaping educational policy, Anthonette has honor, efficiency and fidelity. later on October 28th, 1944 at St. Mary Basil- earned an esteemed Albert Einstein Distin- Willie had a true love of music and was an ica Church in Natchez. He was later deployed accomplished Baritone. While in the service, guished Educator Fellowship for a second overseas, surviving battles in both Germany he and a few other airmen formed a doo-wop year in a row. and France, and suffering severe frostbite vocal group that covered songs by the Platters I.welcome Anthonette to Washington and while there. Before his honorable discharge in as well as other groups. Willie would often say am certain that her time at the office of the Di- 1946, he achieved the rank of Master Ser- that the group was so good that the people in vision of Research on Learning in Formal and geant and was awarded several commenda- Morocco actually thought they were the real Informal Settings at the National Science tions, including the Presidential Citation, the Platters! Good Conduct Medal, and the Overseas Serv- Foundation (NSF) will be an enriching learning Later in life he would return to Harlem find- ice Medal. He returned to Cleveland and experience for all involved. Anthonette hopes ing work as a shipping clerk. What Willie con- began building a new life with his wife. He sidered the highest point in his life, was when to use this fellowship year to raise awareness played semi-professional baseball during his he met and married his late wife of 41 years, about the importance of community organiza- twenties, worked at Republic Steel and Stand- Rosabelle Moyd. It would prove to be a tions and government in motivating students to ard Oil, then General Tire and Rubber. To- blessed union of love. Shortly after marriage, excel in science and mathematics. I laud her gether, he and Estelle raised eleven children. he joined the New York City Police Depart- commitment to creating more scholarships for Married for nearly 65 years, the joy of their ment and then in 1967 began his career with students of under-served populations so they, lives are their eleven grown children, 31 the Transport Workers Union (TWU) Local 100 too, may benefit from science, technology, en- grandchildren and 16 great-grandchildren. under the Manhattan and Bronx Surface Tran- gineering, and mathematics (STEM) opportuni- Mr. Mulhall discovered what would become sit Operating Authority (MABSTOA). He start- ties. his life’s work in 1972, when he began reach- ed with a metal-plating company where he ing out to help individuals, young and old, was assigned to a unit with workers who were I. her home state of Florida, Anthonette is break free from the pain of alcohol and chem- perceived by some to be derelict workers very active in her local community. In addition ical addiction. For nearly forty years, he has beset by alcohol and laziness. to securing several grants for science related remained steadfast in his focus. From 1972 to Never one to look down upon anyone, but programs, she also dedicates her time as a 1991, Mr. Mulhall served as the director of seeing the opportunity to help others; he dis- mentor for beginning teachers. Anthonette be- Stella Maris Detox Hospital. He later co-found- covered his masterful skill of organizing work- lieves that employing cross-curricular lessons ed the Freedom House, Inc., a sober living fa- ers. He told workers if they worked with him is key to developing well-rounded, critical cility—established to fill the critical need to he would make a case to management to get thinkers. When she organized her school’s provide a sober environment and treatment for them higher wages. After a series of meetings first Girl Scout troop, she not only incorporated any individual, regardless of their ability to and negotiations with the bosses, he won pay. He left Freedom House in 1998 to co-es- STEM activities, but brought learning opportu- raises for the workers and developed a pro- tablish the Ed Keating Center, Inc., an organi- motional ladder for himself. nities from inside the classroom into the com- zation with the same mission and the dedica- He rose through the ranks of TWU Local munity. tion to providing service as Freedom House. 100 and held a series of positions; MABSTOA Anthonette has worked hard to earn this dis- The Ed Keating Center relied entirely on pri- DIVISION II Bus Operator, Division II Record- tinction, and exemplifies the possibilities that a vate donations from individuals and corpora- ing Secretary, Vice Chairman, Chairman at good education offers. She earned her B.A. in tions, receiving no public assistance. The Cen- Amsterdam Garage, Executive Board as Di- Liberal Studies at California Polytechnic State ter continues to serve the Cleveland commu- rector of Education and Training and Financial University, San Luis Obispo and her M.S. in nity restoring lives, re-connecting families, and Secretary Treasurer. As he continued climbing giving people, especially those without health Education at Nova Southeastern University. the ladder of TWU he recalled how he con- insurance or those unable to afford treatment, tinuously endured blatant racism; but in Feb- Recognizing the importance of a well-balanced the tools to live sober, healthy, happy and pro- ruary 1996 he defied the odds to become the education in today’s ever-shrinking world, ductive lives. Over the years, Mr. Mulhall posi- first black President of TWU Local 100. He Anthonette also studied abroad at The Univer- tively impacted the lives of more than 60,000 was quoted as saying ‘‘The members don’t sity of Valladolid in Spain, while also partici- women and men. care what color I am as long as I protect their pating in the Japan Fulbright Memorial Fund Madam Speaker and Colleagues, please jobs’’. Teacher program and the Toyota International join me in honor of John Timothy ‘‘Jack’’ In addition to his roles with TWU Local 100 Teacher Program in Costa Rica. Mulhall Sr., for his efforts, vision and work cre- he was Vice President of New York AFL–CIO, Madam Speaker, I truly appreciate the work ating havens of strength, comfort, hope and Vice President of the New York City Central healing. Because of Mr. Mulhall’s compassion Labor Council and Vice President of inter- that Anthonette Pen˜a and Florida’s teachers and unwavering focus, institutions like the Ed national TWU. He also held the title of Chair- do every single day in preparing our nation’s Keating Center exist as a lifeline, providing man for one of the oldest and largest Credit leaders of tomorrow. She has long dem- vulnerable citizens the treatment they need to Unions in the State of New York, the Munic- onstrated excellence and dedication to teach- end the devastating cycle of addiction. These ipal Credit Union. Willie would further his ac- ing worthy of the Albert Einstein Distinguished people become free to live happy, productive, complishments by attaining the post of Execu- Educator Fellowship, and I congratulate her drug and alcohol free lives, which in turn up- tive Board Member of the New York Branch of double on this achievement. lifts and strengthens our entire community. the NAACP.

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.005 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2782 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2009 I could continue to list all of Deacon Willie Now is the time to stop linking job creation to the more than twenty years John has spent as James’ accomplishments, because they go on the transfer of terrorist detainees and work to- board president. He led the rapid development and on. I will just say that the world will truly wards a sensible compromise on this issue. I as card catalogs were replaced by electronic miss this deeply involved civic community or- urge my colleagues to support this bill. catalogs. He came up with a long-range plan ganizer. I am happy that I had the opportunity f that would bring new buildings to the county to to work with him on many special projects and ensure that libraries could continue to serve to live during his lifetime. RECOGNIZING MAJOR NANCY J. their public function. Madam Speaker, I urge my colleagues to JOHNSON—SCOTTSDALE HEALTH- It is an honor to recognize John L. Ray. join me in recognizing Deacon Willie James. CARE’S ‘‘SALUTE TO MILITARY’’ With his hard work and leadership, we are HONOREE f able to celebrate 100 years since the opening of the Charleston Public Library. It says great REVITALIZING THOMSON, ILLINOIS HON. HARRY E. MITCHELL things about West Virginia to have people like OF ARIZONA you represent our great state. HON. DONALD A. MANZULLO IN THE HOUSE OF REPRESENTATIVES f OF ILLINOIS Tuesday, November 17, 2009 EARMARK DECLARATION IN THE HOUSE OF REPRESENTATIVES Mr. MITCHELL. Madam Speaker, I rise Tuesday, November 17, 2009 today to recognize an outstanding member of the Armed Forces from my home state of Ari- HON. AARON SCHOCK Mr. MANZULLO. Madam Speaker, I rise OF ILLINOIS today in strong opposition to the Administra- zona. Each month, Scottsdale Healthcare hon- IN THE HOUSE OF REPRESENTATIVES tion’s plan to link economic development in ors military personnel who perform exception- the district that I have the honor to represent ally in the medical field in defense of our Tuesday, November 17, 2009 to the transfer of dangerous terrorists from country. Scottsdale Healthcare has recognized Mr. SCHOCK. Madam Speaker, in accord- Guantanamo Bay, Cuba. Major Nancy J. Johnson for the month of No- ance with the Republican adopted standards The hardworking people of northern Illinois vember. on earmarks, I submit the below detailed ex- have waited too long for the promise of eco- I commend Scottsdale Healthcare for paying planation of the Peoria Riverfront Develop- nomic stimulus and are looking for good pay- tribute to Major Johnson for her life-saving ex- ment, Peoria, Illinois. ing employment opportunities. It is absolutely pertise and honorable service to our country. Bill Number: H.R. 3183—Energy and Water Major Johnson distinguished herself through unnecessary to condition job creation with the Development and Related Agencies Appro- her outstanding performance as a Chief Nurse wholesale importation of over 200 battle-hard- priations Act, 2010 in Qatar. She led her team and provided supe- ened terrorists that could dampen long-term Provisions/Account: U.S. Army Corps of En- rior medical support to more than 8,000 de- economic growth in that region. gineers—Investigations ployed military members. Her clinical expertise Today, I am introducing legislation to au- Name and Address of Requesting Entity: and management skills guaranteed expedi- thorize the federal government to purchase The entity to receive funding for this project is tious transport of critically wounded soldiers to the maximum security correctional facility lo- the Rock Island District of the U.S. Army higher levels of care that saved lives, limbs cated in Thomson, Illinois for the purpose of Corps of Engineers located at Clock Tower and eyesight. alleviating an already overcrowded federal Building, P.O. Box 2004, Rock Island, IL Madam Speaker, please join me in recog- penal system while prohibiting the transfer of 61204. nizing this courageous Air Force Nurse Corps terrorist detainees from Guantanamo Bay, Description of Request: The funding would leader for serving our country and protecting Cuba. If passed, my legislation would bring be used to enhance aquatic habitat in the Pe- the lives of her fellow service men and women good jobs to northern Illinois while keeping our oria Lake. in combat. communities safe. Thomson and the sur- f rounding rural areas of Carroll County suffer f CONGRATULATING ‘‘THE WAVE’’ from chronic high unemployment and popu- JOHN L. RAY lation loss. Currently, Carroll County has an unemployment rate of 10.5 percent. Thomson HON. SHELLEY MOORE CAPITO HON. ANTHONY D. WEINER has an unemployment rate of 11.8 percent OF NEW YORK OF WEST VIRGINIA and has unfortunately experienced a negative IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES population growth rate of 4.5 percent since Tuesday, November 17, 2009 2000. Fulfilling the promise of the Thomas Tuesday, November 17, 2009 Correctional Center will bring eagerly antici- Mrs. CAPITO. Madam Speaker, I rise today Mr. WEINER. Madam Speaker, I rise to rec- pated economic activity to the region. to honor John L. Ray, in celebration of the 100 ognize the extraordinary work of the journal- For years, I have been encouraging the years since the Charleston Public Library ists, editors, and staff of the Wave, a neigh- State of Illinois to utilize this prison after so opened in 1909. borhood newspaper in Rockaway, Queens much was invested to build the facility. Unfor- John V. Ray Sr., a library patron, held the that was recently named ‘‘The Best Neighbor- tunately, my requests went unheeded. Now, position as president of the library board for hood Paper’’ in New York City by New York’s we have a unique opportunity to help both the more than 30 years, where he helped write Village Voice. federal government with its need to reduce the Kanawha County Public Library Act that The Wave has been serving the many com- prison overcapacity and the local community would see its way through the West Virginia munities of the Rockaway peninsula for 116 with its need for economic development. Legislature. This guaranteed that libraries years. Each Friday, residents read this vener- The Federal Bureau of Prisons estimates would be granted a share of the property able publication not only to stay informed that purchasing the facility near Thomson will taxes which came to the Kanawha County about the peninsula, but also to make sure cost approximately $120 million. My legislation Board of Education, the Kanawha County their voices are heard and not forgotten by provides sufficient flexibility in funding to pur- Commission and the city of Charleston. It was City Hall, Albany, and our nation’s capital. chase and transfer federal prisoners to this fa- a key piece of legislation that kept a stream of The Wave’s managing editor Howard cility. However, the legislation specifically pro- funding for libraries. Schwach, and all its reporters have been in- hibits the federal government from housing His son, John L. Ray followed in family tra- strumental in turning this local weekly into the any terrorist detainees currently at Guanta- dition when he took over as Kanawha County most widely read newspaper in Rockaway. namo Bay, Cuba, at this site or any other fed- Public Library board president in 1988. An Through their work these journalists remind us eral, state, or local facility in Illinois. avid library supporter himself, John had a vi- all of the essential role that the neighborhood Madam Speaker, the good people of Thom- sion for the county and what purpose libraries press play in telling the stories often missed in son and the rest of Illinois’ 16th Congressional would serve. His plan brought new buildings to the commotion of cable television and the District have waited too long for this govern- Cross Lanes, Sissonville, a combined public/ twenty-four hour news cycle. ment to fulfill its promise to ‘‘save or create’’ school library at Riverside High, and a de- This outstanding newspaper has covered jobs. Given the overcrowding in America’s signed replacement for the downtown Charles- everything from shootings and burglaries to prison system, let’s use the Thomson correc- ton library. the mystery surrounding the abrupt shuttering tional facility to house non-terrorist prisoners An institution that serves all people, libraries of a long-time Catholic high school. Further- and create the jobs so vital for our families. remain a beacon for communities because of more, it provides a crucial forum for residents

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.005 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2783 to express their opinions on happenings in mantling price controls in the midst of the HONORING GEORGE ELLMAN their community, problems affecting their city, Great Depression. Believing that price controls and issues of concern throughout the country. were crucial to keeping household staples af- HON. LYNN C. WOOLSEY It is the stories that they tell which should fordable for the average Depression-stricken OF CALIFORNIA remind us all of the ‘‘facts on the ground’’—the family, she led a motorcade with League rep- IN THE HOUSE OF REPRESENTATIVES stories to inform and inspire our policy and resentatives from all 48 states to the Capitol. Tuesday, November 17, 2009 legislative work. It can change the world by Together, they succeeded in convincing Con- making seen the invisible, teaching the un- gress to delay the dismantling of those con- Ms. WOOLSEY. Madam Speaker, I rise known, and challenging the conventional wis- trols. today to honor George Ellman of Sonoma, dom. Years later, Elaine was still active within the California, who died on September 27, 2009, We all should commend The Wave; its pub- League of Women Voters. Now residing in after a lifetime of community activism, leader- lisher, Susan B. Locke; its general manager, Maryland, she played a vital role in a count- ship, and dedication to protecting the environ- Sanford M. Bernstein; its managing editor, less number of the League’s Calvert County ment which included promoting public transit Howard Schwach; its art director, Felicia endeavors. As President of the Calvert County in Marin and Sonoma Counties. Scarola-Edwards; its sports editor, Elio Velez; unit, she oversaw a number of initiatives Born in Chicago in 1923, Mr. Ellman re- its staff reporter, Nicholas Briano; its contrib- aimed to increase public awareness of political ceived a degree in biochemistry at the Univer- uting editor, Miriam Rosenberg; art assistants issues. These included the hugely popular sity of Illinois and completed a master’s de- James Corbin, Carolina Cohen, Mike Delia, ‘‘Know Who’s in Charge’’ pamphlet and the gree at the University of Washington where he Judy Gardonyi, Colleen Mulvey, Janette Calvert County Voter’s Guide. One of her met his future wife, Phyllis. The Ellmans Rappo, and Don Rodriguez; and columnists reigning achievements was her League’s in- moved to Pasadena where George earned a Erin Baumann, Nancy Brady, Jon Paul valuable role in building the Chesapeake Bay Ph.D. at Cal Tech. In 1957, as a young sci- Culotta, Dorothy Dunne, Dr. Nancy Gahles, Coalition—a union of five states joined in the entist at Dow Chemical Co. in Michigan, he Marilyn Gelfand, James Glasser, Liz Guarino, fight to preserve and protect America’s largest developed the Ellman Reagent, which became Susan Hartenstein, Emil R. Lucev, Linda estuary. With the use of independently-funded the standard clinical lab procedure for meas- Marshak, Stuart Mirsky, Dr. Tim Rohrs, studies, Elaine and her League members uring enzymes and proteins. Moving to Mornam Scott, Robert Snyder, Robin Shapiro, poured endless hours into persuading policy- Tiburon in 1958, George was the chief re- and Stephen Yaegar for their incredible work makers that it was the right action to take for search biochemist at the Langley Porter and congratulate them all for this honor. our country. They succeeded. Neuropsychiatric Institute and professor in the Department of Biochemistry at UC Medical f Madam Speaker, Thomas Jefferson once Center. A TRIBUTE TO ELAINE ARM- wrote that ‘‘we in America do not have govern- With a passion for public service, George STRONG VALL-SPINOSA COCH- ment by the majority—we have government by served on the Tiburon Parks and Recreation RAN DUNKLE the majority of those who participate.’’ Elaine Committee and was elected to the Tiburon Cochran Dunkle has spent her life partici- City Council, serving as Mayor, and rep- HON. STENY H. HOYER pating and as a consequence has left a lasting resenting the city of Tiburon on the Bay Con- mark on our country. I extend my sincerest servation and Development Commission and OF MARYLAND thanks for her tireless commitment to our na- IN THE HOUSE OF REPRESENTATIVES the influential Bay Area-wide Metropolitan tion and for all the many accomplishments that Transportation Commission, where he devel- Tuesday, November 17, 2009 commitment has engendered. oped a lifelong interest in transportation Mr. HOYER. Madam Speaker, I rise today issues. While living in Tiburon, George and to recognize Mrs. Elaine Armstrong Vall- f Phyllis were active in the effort to keep Rich- Spinosa Cochran Dunkle for her inspiring CONGRATULATING THE UNIVER- ardson Bay from being filled and developed. leadership and devoted service to both her SITY OF SOUTH CAROLINA’S They helped preserve and protect Blackie’s community and country. For the past 54 years WOMEN’S SOCCER TEAM Pasture and Lyford House, which kept them she has applied her considerable skill to pro- from becoming part of a proposed 4-lane ex- moting civil discourse and civic engagement pansion of Tiburon Boulevard. across both state and party lines. She has HON. JOE WILSON After moving to Sonoma County in 1980, served, and continues to serve, as a bastion OF SOUTH CAROLINA George devoted himself to helping the envi- of inspiration for those who adhere to the prin- ronment. He served for 28 years on the board IN THE HOUSE OF REPRESENTATIVES ciple that democracy is not an idle state, but of ‘‘People for Open Space’’ which became a work in progress that expects our involve- Tuesday, November 17, 2009 Greenbelt Alliance, and used this experience ment should it seek to endure. Mr. WILSON of South Carolnia. Madam to help forge the Sonoma County Agricultural On May 14, 1915, Elaine was born into a Speaker, I would like to congratulate the Uni- Preservation and Open Space District in 1990. society that did not permit women to vote. versity of South Carolina’s Women’s Soccer George also served as a board member of the Five years later, Congress ratified the 19th team for winning their first Southeastern Con- National Audubon Society and went on to help Amendment, giving women the right to vote ference tournament title. The Gamecocks had establish the Sonoma Ecology Center. under the U.S. Constitution. Elaine can recall only three regular season losses and beat Mild mannered and good humored, George her father giving her mother instructions on Georgia, Florida and LSU to clench their first was a respected activist with an unremitting how the voting process worked. It was a mem- SEC title. persistence to do the right thing. With a pas- ory she carried with her when, at age 21, sion for public transit, George worked tire- On Sunday, the Gamecocks not only re- Elaine cast her first ballot for Franklin Delano lessly to bring back passenger rail service link- corded their second shutout in the first two Roosevelt in the 1936 Presidential election. ing Sonoma and Marin Counties. The biggest rounds of the NCAA tournament, but USC After college, Elaine became a history booster for the Sonoma Marin Area Rail Tran- Coach Shelly Smith also claimed her 100th teacher, and it was at the helm of a classroom sit, SMART, George lived to see voters pass win at USC. Now the team will advance to the that she first experienced a deep connection the quarter-cent SMART sales tax measure round of 16 for the first time in program with politics. She felt a tremendous sense of last November, which will help fund the 70- history. responsibility to the children she taught, and to mile rail service through the two counties. honor that, took the time to educate herself With leaders like defender Blakely Mattern, Scheduled to roll down the tracks in 2014, the and them on the great issues of their day, forwards Kayla Grimsley and Brooke Jacobs, SMART board has agreed to honor his re- such as Roosevelt’s ‘‘New Deal’’ and the Mar- co-captain Kim Miller, and goalkeeper Mollie quest that his ashes ride on the first SMART shal Plan. She left teaching, however, to raise Patton, I’m confident the USC women’s soccer train out of the station. her own family and it was shortly thereafter team will make us all proud. Dr. Ellman was also a classically-trained pi- that Elaine was invited to a life-changing Congratulations to the student athletes and anist and co-founded the Sonoma Classical meeting of Virginia’s League of Women Vot- their families—we wish them luck as they Music Society. Dedicated to the environment, ers. make their run for a national title. environmental education and bringing music to Rising the ranks within Virginia’s delegation, In conclusion, God bless our troops, and we the community, to sustain this, the Ellmans es- Elaine soon found herself guiding the League will never forget September 11th in the Global tablished the Ellman Fund at the Community in an attempt to prevent Congress from dis- War on Terrorism. Foundation of Sonoma County.

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.008 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2784 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2009 George was a devoted husband and father. HONORING ED EAMES Shearith Israel Synagogue and was active His wife of 60 years, Phyllis, died last June. with B’nai B’rith. He is survived by his daughter, Judy Ellman of HON. ROBERT J. WITTMAN Morris Zeidman led a life that was truly ad- San Francisco; brother, Charles of George- OF VIRGINIA mirable and that placed service to country and others above self. Our thoughts, prayers, and town, Kentucky, and many nieces and neph- IN THE HOUSE OF REPRESENTATIVES ews. sympathy go out to all the family members of Madam Speaker, George Ellman will be Tuesday, November 17, 2009 this truly great American. missed by so many who shared in his work Mr. WITTMAN. Madam Speaker, I rise f today to pay tribute to Mr. Ed Eames. and dreams. He believed that creating a better CONGRATULATIONS LEE COLLEGE Ed Eames was a resident of Fresno, Cali- world was both necessary and possible. It is 75TH ANNIVERSARY fitting to recognize his dedicated efforts to pre- fornia and was a committed advocate for indi- serve open space in Marin and Sonoma viduals with disabilities. At the age of 42, Mr. Counties as well as his tireless leadership to Eames lost his sight and this life-altering cir- HON. TED POE help reduce carbon emissions, promote smart cumstance motivated him to strive for the im- OF TEXAS growth, and bring back commuter rail service. provement of services for the disabled. IN THE HOUSE OF REPRESENTATIVES I join the many people who will miss George Ed was a devoted husband to his beloved Tuesday, November 17, 2009 Ellman’s inspiration, friendship and bright wife, Toni, who is also blind. They met when Mr. POE of Texas. Madam Speaker, con- spirit. he was writing a book on guide dog schools gratulations to Baytown’s Lee College on en- and asked her to be a co-author. Ed and Toni tering its 75th academic year. It is one of the f co-authored two books, numerous magazine fastest growing community colleges in the na- CONGRATULATING THE MESA columns and articles, and even scripted the tion with over 9,000 enrolled students. Further- FIRE DEPARTMENT VOLUNTEER award-winning video, ‘‘Partners in Independ- more, Lee College offers over 130 degrees CORPS ON RECEIVING THE FIRE ence’’. The couple also co-taught a class on and certificates, and is 6th in the nation for de- CORPS AWARD OF EXCELLENCE the sociology of disabilities at California State grees awarded in science and technologies. University, Fresno. Furthermore, along with In 1931, the Board of Trustees of the Goose their guide dogs, Latrell and Keebler, Ed and Creek Independent School District agreed that HON. HARRY E. MITCHELL Toni traveled the world to further their joint a local junior college should be established. OF ARIZONA commitment to assistance dog programs for Three years later, in 1934, Lee Junior College IN THE HOUSE OF REPRESENTATIVES the disabled. was founded to serve that purpose. Since its Tuesday, November 17, 2009 Mr. Eames was active in his community and creation, Lee College has seen significant ex- Mr. MITCHELL. Madam Speaker, I rise was a fervent supporter of the addition of side- pansion. Enrolment for Lee College’s opening today to congratulate the Mesa Fire Depart- walks for wheelchair ease and accessibility in semester was a mere 177 students, but cur- ment Volunteer Corps for winning the 2009 the Fresno area. Mr. Ed Eames was the rent enrolment is more than 50 times that ini- tial number, with over 9000 students enrolled Award of Excellence. Sponsored by the Inter- founder and President of the International As- in academic, technical education, and non- national Fire Service Training Association, this sociation of Assistance Dog Partners. He credit continuing education programs at the award recognizes the department’s out- served on the Americans With Disabilities Act college. standing performance in delivering fire and Advisory Committee for Fresno Area Express and was also a member and former president With Lee College students going on to con- emergency services. tribute in vital areas of our society, this college The Mesa Fire Department created the Vol- of the North Fresno Lions Club. On October 25, 2009 at the age of 79, Ed has become a very valuable institution of edu- unteer Corps in 1998 in order to better con- cation for my district and for Texas. nect residents to vital community services Eames passed away. He will be greatly after recognizing a gap in their own service. missed by all who knew him and the work that f After emergency personnel responded to an he did for the disabled will never be forgotten. TRIBUTE TO AMY ELIZABETH initial 9-1-1 call and left the scene, residents f CORWIN were often unaware of further resources avail- HONORING THE LIFE AND SERVICE able to them. What began as a small cadre of OF MORRIS BENJAMIN ZEIDMAN HON. BRAD SHERMAN 10 committed volunteers has since grown into OF CALIFORNIA a far-reaching program of 130 volunteers re- HON. PETE OLSON IN THE HOUSE OF REPRESENTATIVES sponding to over 3,800 calls every year. Tuesday, November 17, 2009 The Volunteer Corps is made up of several OF TEXAS programs which provide services such as IN THE HOUSE OF REPRESENTATIVES Mr. SHERMAN. Madam Speaker, I rise emergency scene transport, grief support, and Tuesday, November 17, 2009 today to honor the life of Amy Elizabeth Corwin, who tragically passed away on July 2, home safety inspections. In 2008, the Corps Mr. OLSON. Madam Speaker, I rise today provided 29,000 hours of service and saved 2009 after a long battle with a brain tumor. to honor the life of a great American—a man Amy served as an intern in my District Office the community $585,599. who gave much for his community and coun- Particularly during these tough economic during the summers of 2004 and 2005. Her in- try, Morris Benjamin Zeidman, who passed tellect, warm and engaging personality, and times, it is heartening to see so many mem- away on November 13. bers of our community devoting their time and enduring strength have left an indelible impact Mr. Zeidman was born on February 21, upon me and my staff. energy toward serving one another. I think 1909 in Brooklyn, New York. He met and mar- Amy was born on January 26, 1984 to Joel these volunteers should be proud of what they ried Beatrice Schwartz, who he accompanied and Linda Corwin of Westlake Village, Cali- have accomplished, and know that we are all back to Wharton, Texas. It was in Wharton fornia. She had one younger sister, Diana grateful for their service. that Mr. Zeidman got his start in business by Corwin. From an early age, Amy expressed a f joining the Schwartz family’s dry goods store. love of cultures and travel and a keen aptitude He ran the store until his retirement in 1992. for learning foreign languages. She enjoyed PERSONAL EXPLANATION In 1990, he lost his wife Beatrice. In 1994, Mr. learning about history and architecture, attend- Zeidman married his second wife Marjorie ing the theatre, and exploring museums. While HON. JIM GERLACH Franklin. They shared eleven joyous years a student at Emory University, Amy spent a OF PENNSYLVANIA until her death in 2005. semester abroad in Salamanca, Spain, where IN THE HOUSE OF REPRESENTATIVES Morris Zeidman served his country in World she immersed herself in the local culture. In War II and fought in the D-Day Invasion on Salamanca, Amy stayed with a host family Tuesday, November 17, 2009 June 6, 1944. Throughout his life, Mr. who spoke no English, and she took classes Mr. GERLACH. Madam Speaker, unfortu- Zeidman served his community as a leader in given strictly in Spanish that were attended by nately, on Monday, November 16, 2009, I numerous organizations, including the Lions Spaniards and students from all over the missed three recorded votes on the House Club, the Shriners, the Chamber of Com- world. Amy would go on to graduate from floor. Had I been present, I would have voted merce, the American Legion, the Wharton In- Emory in 2006 with her Bachelor of Arts de- ‘‘yea’’ on rollcall 889, ‘‘yea’’ on rollcall 890, dustrial Foundation, and the Boy Scouts of grees in Political Science, Spanish and Por- and ‘‘aye’’ on rollcall 891. America. He also served as president of the tuguese.

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.011 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2785 During her internship, Amy served as an in- had access to local businesses through such uated of Broadcasting and Journalism spon- valuable member of my District Office team. efforts as the creation of accessible indoor sored by the National Broadcasting School of On numerous occasions she effectively as- walkways and the construction of wheelchair Cuba in Radio Progreso. Throughout his ster- sisted my Spanish-speaking constituents. In ramps. ling service to journalism, he wrote com- addition to her constituent-service skills, Amy Pam knows firsthand the importance of mentaries on sports and jazz for numerous acted as a mentor to new interns. Her warmth, fighting for disability rights because she lives programs like ‘‘Pequen˜os Conjuntos de ability to relate to people, and knowledge of with cerebral palsy. Despite this challenge, Grandes Mu´sicos’’ and ‘‘Bandas Innovadoras public policy issues were evident. Amy effort- Pam routinely works a sixty-hour work week de Jazz’’, among many others. After arriving to lessly and ably engaged in political discus- on behalf of disabled individuals. Pam’s dedi- the United States this inspiring journalist be- sions and it became clear that Amy was in- cation and perseverance should serve as an came the only Latin-American and Cuban au- deed wiser than her years. inspiration to all of us. thor with five books in the Baseball Hall of More than anything else, Amy loved spend- f Fame at Cooperstown, New York. His sports ing time with her family and friends. She was literature served as a renewed hope for Cu- a warm and loving daughter, sister, and friend. TRIBUTE TO MIDLAND DOW BOYS bans in exile to remember and restart Cuban She was intelligent, compassionate and want- TENNIS TEAM baseball in the veteran games in New Jersey ed to find a way to make the world a better and Miami. At the same time his work created place for everyone she encountered. Amy was HON. DAVE CAMP awareness about Cuban baseball players and a terrific athlete and a fierce competitor on the OF MICHIGAN about the extinct Professional Cuban Baseball tennis court, and she applied this mentality to IN THE HOUSE OF REPRESENTATIVES League. As a journalist and member of the all areas of her life. When confronted with a Tuesday, November 17, 2009 Cuban community, Angel Torres was pre- terrible illness, she fought valiantly and she sented in January 28, 2007 by the Patronato never lost hope that she would beat the dis- Mr. CAMP. Madam Speaker, I rise today to Jose´ Martı´ in California, with the most prestige ease. Amy was a selfless and caring individual commend the team members of the Midland recognition to a Cuban in exile, the White who never wanted to burden others with con- Dow High School Boys Tennis Team. They Rose of the commemoration to Apostle Jose´ cerns about her health. She never allowed her have represented the town of Midland well Martı´. illness to change who she was; she remained with their perseverance and athleticism, and Once again, I would like to express how optimistic and upbeat throughout her life. She we are very proud of their accomplishments. proud I am of Angel for his dedication to jour- wished to be remembered for the person she The Chargers won the Division Two Boys nalism, baseball and the Cuban community. was, not the illness she endured. State Tennis Championship on Saturday, No- His legacy in sports and journalism will serve Although Amy’s years on this planet were vember 17, 2009, after defeating Battle Creek- as an example for our community and as in- short, her life, nevertheless, was rich. And for Lakeview High School: 30–23. This win gives spiration for everyone to pursue their goals all those who had the privilege of meeting or Midland Dow their first Boys Tennis state and dreams with commitment and passion. knowing Amy, our lives were made richer as championship since 1984. f a result. I offer my deepest condolences to Additionally, this Chargers team was the Joel, Linda, Diana and to the rest of Amy’s embodiment of both teamwork and determina- 20TH ANNIVERSARY OF THE FALL family and friends. She will be greatly missed. tion. Led by Coach Terry Schwartzkopf, these OF THE BERLIN WALL f boys were also models of sportsmanship and set good examples on and off the court. HON. FRANK R. WOLF HONORING PAM HEAVENS FOR Team members include: Juan Guerra, OF VIRGINIA HER TWENTY YEARS OF SERV- Alekzander Davila, Santiago Guerra, Jonathan IN THE HOUSE OF REPRESENTATIVES ICE AS EXECUTIVE DIRECTOR OF Gurnee, J.P. Gurnee, Jon Templeman, Austin THE WILL-GRUNDY CENTER FOR Woody, Kevin Winegar, Jacob Poliskey, Nate Tuesday, November 17, 2009 INDEPENDENT LIVING Karsten, Brandon LaFreniere, Alex Haslam, Mr. WOLF. Madam Speaker, ‘‘Mr. Gorba- David Read, and Scott Kendall. chev, tear down this wall.’’ HON. DEBORAH L. HALVORSON I am honored today to recognize the Mid- Against the counsel of the State Department OF ILLINOIS land Dow Boys Tennis Team for their accom- and others in Washington’s foreign policy es- IN THE HOUSE OF REPRESENTATIVES plishments, and congratulate them on their tablishment, President Reagan uttered these state championship. six words standing at the Brandenburg Gate Tuesday, November 17, 2009 f June 12, 1987—words that marked his presi- Mrs. HALVORSON. Madam Speaker, this dency and defined an era. fall Pam Heavens celebrates her twentieth HONORING ANGEL TORRES Former Soviet spy Whittaker Chambers fa- year as Executive Director of the Will-Grundy mously said when he defected that he be- Center for Independent Living. On behalf of HON. ILEANA ROS-LEHTINEN lieved he was joining the right side by reject- the 11th Congressional District of Illinois, I OF FLORIDA ing communism, but that he was leaving ‘‘the would like to commend Pam for her years of IN THE HOUSE OF REPRESENTATIVES winning side for the losing side.’’ selfless service on behalf of disabled Illi- Reagan however, who was himself indelibly Tuesday, November 17, 2009 noisans. shaped by Chambers’ account of his defection As Executive Director, Pam has fought on Ms. ROS-LEHTINEN. Madam Speaker, I in the historic book Witness, always believed behalf of thousands of disabled Will and rise to congratulate Angel Torres, distin- he was on the winning side. Grundy County residents. The Center serves guished journalist and member of my South Unbothered by those who cautioned that he disabled citizens young and old, including our Florida community, for receiving the 2009 Na- would offend the Soviets, Reagan, the eternal brave veterans. By offering services ranging tional Award for Journalism given by the Na- optimist, felt compelled to issue this challenge from the Low Vision Loan Center to the Home tional Journalists Association of Cuba in Exile. to Gorbachev believing what seemed to be Ownership Program, the Will-Grundy Center It is with great pride that I recognize his exem- unimaginable at the time—that one day the for Independent Living helps people with dis- plary work and dedication to sports and jour- wall would in fact fall. abilities achieve their goals. nalism throughout the years. Angel, born in La Erected in 1961 the Berlin Wall was an en- Pam has successfully led the Center Havana, Cuba, always shared a great passion during symbol of communism—a physical through challenging times. The Center has in- and interest for baseball. He started playing in manifestation of the divide between East and creased services in the midst of a financial cli- the Free Amateur Tournaments of the Stadium West, free and captive. mate that has forced many organizations to with San Pedro and later became manager- With rapt attention, many Americans gath- cut services as they lose important funding player in the Winter Amateur Championships ered around their televisions 20 years ago as sources. of Octavio Divin˜o´ at Arroyo Naranjo super- scenes emerged of East Berliners pouring Aside from her duties running the Center, vising Nebraska, where he received a medal across the border, tearfully embracing strang- Pam has worked with non-profits and govern- for his distinguished handwork of the immortal ers, and raising glasses of champagne as they mental agencies at the local and state level to Martı´n Dihigo. rejoiced with West Berliners in their newfound improve the lives of disabled persons. For ex- Torres graduated from the Cuban-American liberty—the free world rejoiced with them. ample, through the Accessible Cities Alliance, Institute and the English Special Center at For decades an epic struggle had been un- Pam worked to ensure disabled consumers Jesu´s del Monte in 1947. By 1952 he grad- derway between two vastly different

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.013 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2786 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2009 ideologies. Then, in the span of a year, three Congratulations to these scientists for their Errotaberes are truly deserving of this great giants converged on the world scene and groundbreaking work in the field of medicine honor and I salute the entire family for their human history was forever changed. Eng- and for their extraordinary contributions to hu- accomplishments and contributions to Agri- land’s Iron Lady, Margaret Thatcher, Poland’s mankind. culture in California and the Nation. native son, Pope John Paul II, and our own f f Ronald Reagan boldly championed freedom, WORLD DAY OF REMEMBRANCE inspired hope in millions and gave those living HONORING ERROTABERE RANCHES FOR ROAD CRASH VICTIMS AND behind the Iron Curtain the courage to imagine THEIR FAMILIES a world transformed. HON. JIM COSTA While the Soviet Union is relegated to the OF CALIFORNIA history books, today there remain ideologies IN THE HOUSE OF REPRESENTATIVES HON. ROBERT WEXLER OF FLORIDA that threaten human freedom and dignity. Tuesday, November 17, 2009 There remain governments who rule by fear. IN THE HOUSE OF REPRESENTATIVES There remain people held captive in their own Mr. COSTA. Madam Speaker, I rise today to Tuesday, November 17, 2009 pay special tribute to a family farming oper- nation. Mr. WEXLER. Madam Speaker, I rise today ation whose owners exemplify the spirit of for- Similarly, there are those who still warn that in observance of the World Day of Remem- titude, entrepreneurship, and advocacy dem- America ought not meddle in other countries brance for Road Crash Victims and their Fami- onstrated by so many of those who strive to internal affairs. There are still those who cau- lies, which was observed on Sunday, Novem- provide food and fiber to our great Nation. tion against disrupting bilateral relations. There ber 15, 2009, as well as to offer my heartfelt Much has contributed to California’s bountiful are still those who maintain that the desire for condolences to all those who have lost loved agriculture industry and economic well-being, freedom and basic human rights is not uni- ones to road crashes. versal. but one significant underlying factor in Califor- The third Sunday in November was des- But the events of 20 years ago teach us nia’s agricultural success has been the pres- ignated as World Day of Remembrance for something very, very different. ence of families such as the Errotabere family. Road Crash Victims by the United Nations Ask the Sharanskys and Solzhenitsyns A diversified family farming operation in Fres- earlier this decade, and in support of this ef- whose lives in prison improved when leaders no County, Errotabere Ranches is being hon- fort, both the House of Representatives and in the West spoke out on their behalf. Ask the ored on November 18, 2009 in Fresno, Cali- Senate unanimously passed concurrent reso- thousands of East Berliners who, facing cer- fornia as the 2009 Baker, Peterson & Franklin lutions during the 110th Congress. This day tain death if caught, dug tunnels, constructed Ag Business Award recipient. allows us all to reflect upon the more than 1.3 hot air balloons and built pulleys in their des- Though the Errotabere story didn’t begin in million people worldwide who die on the perate attempts to escape a literal prison. the United States, the Errotabere family has world’s roads each year, as well as the more There are lessons to be drawn from this an- clearly added strength to the fabric of this than 50 million who are injured. An estimated niversary—lessons which must inspire our for- great Nation since coming to America. Jean 44,000 of those deaths occur in the United eign policy today. People yearn for freedom, Errotabere was born in a French-Basque vil- States, and the global death and injury toll is they crave dignity. These things are not be- lage in France called Aldudez just two miles rising precipitously. At the current rate of stowed by the government and as such can- from the Spanish-French border. He came to growth, road crashes will be the fifth leading not forever be denied by the government. Riverdale, California in the late 1940s to work cause of death by the year 2030, rivaling the People are inspired by words. Dictators cower with his brother on their ranch which was top global health epidemics. when their lies are exposed. And seemingly started in the late 1920s. Georgianne, a native Road crashes do not discriminate; they impenetrable regimes can find themselves on of Vancouver, Canada, also came to the Cen- know no bounds of age, class, gender, race, ‘‘ash heap of history.’’ tral Valley of California to look for work. While nationality, or geography. Globally, more than f waitressing at the Santa Fe Basque Res- 40 percent of all road traffic deaths occur taurant in downtown Fresno, now known as among individuals under 25 years old, and COMMENDING THE WINNERS OF the Sheppard’s Inn, she met Jean Errotabere crashes are the leading cause of death for THE 2009 NOBEL PRIZE IN MEDI- and their life together began. children and young adults aged 10–25 years CINE Over the next 3 decades, their family and old. Over the next decade, this is estimated to their business continued to grow and at the become the leading cause of death for chil- HON. JOHN P. SARBANES time of Jean’s death, in 1979, their sons Dan, dren 5 and older worldwide. OF MARYLAND Jean and Remi, took over the ranch oper- In some African countries, up to half of all IN THE HOUSE OF REPRESENTATIVES ations. Together with their wives Susan, Col- hospital surgical beds are occupied by road leen, and Maureen the Errotaberes have de- crash victims, while in others the fatalities rank Tuesday, November 17, 2009 veloped a diversified family farming operation second only to HIV/AIDS. Here in the U.S., Mr. SARBANES. Madam Speaker, I would that now spans over 5,500 acres throughout road crashes are the leading cause of death like to commend the winners of the 2009 western Fresno County. Among the crops the for Hispanics under 34 years of age. The Nobel Prize in Medicine, particularly Dr. Carol operation grows are almonds, pistachios, proc- human cost of this problem is unfathomable: W. Greider, a professor of molecular biology essing tomatoes, garlic, pima cotton, alfalfa, 1.3 million deaths per year is the equivalent of and genetics at Johns Hopkins University wheat, safflower, Romaine lettuce, processing 10 jumbo jets crashing each day. School of Medicine, for discovering how chro- onions, seed lettuce, cantaloupes and hon- Road crashes also come at a great cost to mosomes are protected by telomeres and the eydew melons. the global economy. It is estimated that road enzyme telomerase. The research of Dr. Errotabere Ranches has been actively in- crashes cost $518 billion globally each year. Greider, along with her colleagues Dr. Eliza- volved in Agricultural Organizations, Riverdale In developing countries, road crashes have a beth H. Blackburn and Dr. Jack W. Szostak, schools, the Jordan College of Agriculture dramatic impact on their fragile economies, has created a greater understanding of how Sciences and Technology at California State costing an estimated $100 billion, often ex- chromosomes protect themselves from de- University, Fresno and the Fresno County ceeding the total amount received by these grading when cells divide. This has unlocked Farm Bureau. Errotabere Ranches President countries in development assistance. Further- mysteries about the human aging process and Dan Errotabere has been recognized and more, road crashes affect first responder will have an enormous impact on fighting can- praised as a crusader for agricultural water services, health care services, and health cer and many other inherited diseases caused issues, including his role in negotiating the his- insurance services, as many victims require by telomerase defects. torical treaty between Westlands Water District extensive, and expensive, critical care, as well I applaud Dr. Greider’s outstanding achieve- and the Friant Water Users Authority in 2004. as follow-up care and rehabilitation. In coun- ment as it reflects many years of study and ‘‘This great Valley that we have is certainly tries where a primary bread winner is killed or hard work, a deep commitment to scientific in- the envy of the world,’’ Errotabere was re- injured, or must care for the injured, this can novation, and a desire to have a positive im- cently quoted as saying. ‘‘It’s a promising story destroy livelihoods and devastate commu- pact on peoples’ lives. Her achievement is all for California that agriculture can do as much nities. the more significant in that only 8 of the 192 as it can.’’ Road crashes are predictable and can be individuals to receive this prize have been It is a pleasure to honor and congratulate prevented, however, and America is playing a women. I hope her success will inspire young the Errotabere’s ‘‘can-do’’ attitude and re- critical, active role domestically and inter- women to enter the field of science. peated earnest advocacy for Agriculture. The nationally to address this epidemic. Earlier this

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.014 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2787 year, the Congressional Caucus on Global remarkable dogs can be seen training where As you may know, the Veterans History Road Safety, which I am privileged to co-chair pedestrians and drivers alike respect their Project collects and saves the stories of Amer- along with Congressman CHRIS VAN HOLLEN presence. The Seeing Eye also provides fol- ica’s veterans who have bravely served this of Maryland and Congressman DAN BURTON of low-up care and even visit graduates’ home to country from World War I to today’s conflicts Indiana, introduced House Concurrent Resolu- aid them in adjusting to their new accessibility in Iraq and Afghanistan. This project provides tion 74, supporting a decade of action for road to their environments. Americans an important way to honor our sol- safety with a global target to reduce by 50 Today, The Seeing Eye is a pioneer in ca- diers: by preserving the story of their service, percent the predicted increase in global road nine genetics and medical research. It also in their own words, for the use and benefit of deaths between 2010 and 2020. This resolu- advocates for the concerns of those with vis- future generations. tion also urged the Obama Administration to ual impairments—such as pedestrian safety In 2000, I authored and Congress unani- take a leadership role at the First Ministerial and the dangers of quiet cars—by working mously passed legislation creating the Vet- Conference on Road Safety, to be held in with legislators, writing letters on behalf of erans History Project. Since its inception, the Moscow later this week. The House of Rep- those experiencing discrimination, and re- project has collected more than 66,000 stories resentatives heeded the call to action on road searching technologies to make crosswalks and documents. In addition, the Veterans His- safety and achieved a significant step toward safer. tory Project was honored by Harvard Univer- reversing the increase in road deaths and inju- Madam Speaker, for the past 80 years, The sity as one of the finalists for the Innovations ries by unanimously passing H. Con. Res. 74 Seeing Eye has provided an unprecedented in American Government Award competition in on September 23 of this year. service to the blind and visually impaired com- 2005. As more Americans travel abroad and more munity, and I hope it can continue its invalu- Since the beginning of our Nation, the sol- of our college students participate in study able service for many years to come. I urge diers, sailors, airmen, and marines of the abroad programs in developing countries, you, Madam Speaker, and my colleagues to Armed Forces have been called on to risk many of them will be at risk of injury or death join me in congratulating all of those involved their lives and fight for the ideals that make due to hazardous road conditions. Now is the with The Seeing Eye on its 80th Anniversary. America great. Regardless of what one thinks time to foster the courageous initiatives build- f about the wars that they fought in, all Ameri- ing around the world to keep our citizens and cans must agree that the men and women of our loved ones safe, and Madam Speaker, as PERSONAL EXPLANATION our Armed Forces have responded to the call we commemorate World Day of Remem- of their country and performed with honor and brance for Road Crash Victims this year and HON. J. GRESHAM BARRETT dignity. War veterans and the civilians who look forward to the First Global Ministerial OF SOUTH CAROLINA have supported them all across this Nation Conference on Road Safety in Moscow later IN THE HOUSE OF REPRESENTATIVES have stepped forward once again, this time this week, I urge my colleagues to work with answering the call of civic duty by recording Tuesday, November 17, 2009 the Obama Administration toward enacting their stories and contributing personal docu- meaningful policy reform, both at home and Mr. BARRETT of South Carolina. Madam ments for the Veterans History Project. Their abroad. Speaker, unfortunately, I missed the following participation ensures that their accounts are f recorded votes on the House floor on Monday, recorded and preserved, becoming a part of November 16, 2009. this Nation’s memory and history. CELEBRATING 80 YEARS OF SERV- Had I been present I would have voted By passing this resolution today, we can en- ICE OF THE SEEING EYE IN MOR- ‘‘aye’’ on rollcall vote No. 889, on motion to courage more participation in this important RISTOWN, NEW JERSEY suspend the rules and agree to S. 1314; ‘‘aye’’ program and ensure that this vital collection of on rollcall vote No. 890, on motion to suspend American history continues to grow even fur- HON. RODNEY P. FRELINGHUYSEN the rules and agree to H.R. 3539; ‘‘aye’’ on ther. Capturing the stories of our war veterans OF NEW JERSEY rollcall vote No. 891, on motion to suspend the is more important now than ever before. We IN THE HOUSE OF REPRESENTATIVES rules and agree to HR. 3767. are losing more than 1,700 veterans every day Tuesday, November 17, 2009 f and with them, their firsthand accounts of that war. It is imperative that we capture the sto- Mr. FRELINGHUYSEN. Madam Speaker, I PERSONAL EXPLANATION ries and personal histories of those veterans rise today to honor the very dedicated employ- before it is too late. The Veterans History ees, volunteers, and graduates of The Seeing HON. ADAM SMITH Project is instrumental in accomplishing this Eye in Morristown, New Jersey, on their 80 OF WASHINGTON important goal. years of service. IN THE HOUSE OF REPRESENTATIVES I call upon all members of this body to pub- Dorothy Harrison Eustis and Morris Frank Tuesday, November 17, 2009 licize and promote the Veterans History had a dream to make the world completely ac- Project in their own districts and communities. cessible to the blind and visually impaired, and Mr. SMITH of Washington. Madam Speaker, I cannot think of a better way to honor our vet- in 1929, The Seeing Eye was established to on Monday, November 16, 2009, I was unable erans than by trying to preserve as many of make their dream a reality. Since its inception, to be present for recorded votes. Had I been their memories and stories as possible. I urge The Seeing Eye has enhanced the independ- present, I would have voted ‘‘yes’’ on rollcall my colleagues to support this measure. ence and self-confidence of the blind and vis- vote No. 889 (on the motion to suspend the f ually impaired. The Seeing Eye pioneered the rules and pass S. 1314), ‘‘yes’’ on rollcall vote use of dogs to guide the blind, and today, the No. 890 (on the motion to suspend the rules IN HONOR OF DR. ANGELO organization has successfully trained over and pass H.R. 3539), and ‘‘yes’’ on rollcall ARMENTI, JR. 15,000 Seeing Eye dogs and matched them vote No. 891 (on the motion to suspend the with more than 8,000 blind or visually impaired rules and pass H.R. 3767). HON. JOHN P. MURTHA owners. Additionally, many area families have f OF PENNSYLVANIA volunteered to rear generations of Seeing Eye IN THE HOUSE OF REPRESENTATIVES puppies—nurturing them to accomplish their H. RES. 866, VETERANS HISTORY special destiny. PROJECT Tuesday, November 17, 2009 Twelve times every year, up to 24 visually Mr. MURTHA. Madam Speaker, I rise today impaired students from the United States and HON. RON KIND to honor Dr. Angelo Armenti, Jr., the president Canada come to Morristown to enter a twenty- OF WISCONSIN of California University of Pennsylvania. His seven day instructional program and are IN THE HOUSE OF REPRESENTATIVES dedication to education as a professor, dean matched with a dog. The instruction includes and university president, in addition to his traveling through high traffic and residential Tuesday, November 17, 2009 commitment to philanthropy, has had a great streets, shopping malls, and bus routes. Upon Mr. KIND. Madam Speaker, I rise today in impact on the people of Pennsylvania. the completion of the program, the graduates support of House Resolution 866 which en- Dr. Armenti received his Bachelor of are able to safely navigate their hometowns courages the designation of a National Vet- Science in Physics from Villanova University with the support of their Seeing Eye dogs. In erans History Project Week. This resolution and his Master’s and Ph.D. from Temple Uni- fact, most every day on Morristown streets, encourages increased public participation in versity in Special Relativity and General Rel- The Seeing Eye trainers, students and their the Veterans History Project. ativity, respectively. He returned to Villanova

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.017 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2788 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2009 as a professor where he remained for 20 their own Church. The newly organized OUR UNCONSCIONABLE NATIONAL years. He subsequently became chair of the Church elected Rev. George Pinkney as its DEBT physics department, Dean of University Col- first Pastor. Reverend Pinkney’s years were lege, and Director of Planning at Villanova. dedicated to establishing the new parish on a HON. MIKE COFFMAN Over the course of his career, Dr. Armenti firm footing. Under his leadership, the first OF COLORADO received the Lindback Foundation Award for sanctuary with a seating capacity greater than IN THE HOUSE OF REPRESENTATIVES Distinguished Teaching and in 1992 was one 50 was constructed on Botetourt Street. of only 32 individuals in the nation named an Tuesday, November 17, 2009 The Saint Paul’s family grew considerably in American Council on Education Fellow. He a short period of time under Reverend Mr. Coffman of Colorado. Madam Speaker, has published many journal articles and the Pinkney and the church’s second pastor and this morning our national debt was book, The Physics of Sports. Reverend Pinkney’s son, Timothy Pinkney. $12,031,299,186,290.07. I should note this is Madam Speaker, on May 19, 1992, Dr. During the service of Saint Paul’s third pastor, the first time the debt has broken the 12 trillion Armenti became the 6th president of California Rev. Isaiah Hines (1913–1928), a second level. We have added $39,792,309,877.00 to University of Pennsylvania. Since then, appli- sanctuary was built that accommodated the the national debt since yesterday. cations have increased by 90 percent, the av- growing church’s 200 worshippers. On January 6th, 2009, the start of the 111th erage SAT score rose by 95 points and four- Congress, the national debt was year graduation rates rose by 80 percent. The Saint Paul’s underwent significant change $10,638,425,746,293.80. university adopted new academic programs, a under the leadership of their fourth and long- The national debt has increased by general education curriculum, the University est serving pastor, Rev. Journey A. Mosby. $1,392,873,439,996.27 so far this year. Bill of Rights and Responsibilities, and a new During his 40 year tenure, the church ex- According to the non-partisan Congressional governance structure. panded its commitment to the development of Budget Office, the forecast deficit for this year During his tenure as president, California young people, especially aspiring theological is $1.6 trillion. That means that so far this University has constructed new buildings in- students from nearby Virginia Union Univer- year, we borrowed and spent $4.4 billion a cluding the Eberly Science and Technology sity. Reverend Mosby was also responsible for day more than we have collected, passing that Center, the Kara Alumni House, the Duda many ministries that still exist in the church debt and its interest payments to our children Classroom Building and six residence halls, as today. A new building was once again needed and all future Americans. well as renovating several older structures. to accommodate the growing congregation. f This construction significantly enhanced the Reverend Mosby launched an expansion cam- educational and living environments of Cali- paign on Thanksgiving Day 1950 and by 1957, PERSONAL EXPLANATION fornia University. It also created two major off- the church was able to buy an existing facility campus sites at the Southpointe Business on the corner of 26th and Marshall Streets in HON. SUSAN A. DAVIS Park in Canonsburg and at the Regional En- the Church Hill neighborhood. This served as OF CALIFORNIA terprise Tower in downtown Pittsburgh. the Church’s home for 45 years, and the Par- IN THE HOUSE OF REPRESENTATIVES The Washington County Community Foun- ish House is now listed on the National Park Tuesday, November 17, 2009 dation named Dr. Armenti and his wife, Mrs. Service’s National Register of Historic Places. Barbara Armenti, the 2009 Philanthropists of Mrs. DAVIS of California. Madam Speaker, The Church’s fifth pastor, Rev. James the Year for the scholarships they established I was absent for three rollcall votes on Mon- Leary, was installed in 1969. Under his direc- at California University and for developing a day, November 16, 2009. Had I been present, tion, the Saint Paul’s Baptist Federal Credit philanthropic atmosphere throughout the I would have voted ‘‘yea’’ on rollcall vote Nos. Union, the Saint Paul’s Housing Corporation, school and community. Dr. & Mrs. Armenti 889 and 890, and ‘‘aye’’ on rollcall vote No. have inspired many students to serve their the Saint Paul’s Manor, and the J.A. Mosby 891. The items of legislation I would have communities. Scholarship fund were all initiated. voted on are as follows: In addition, Dr. Armenti serves the edu- Saint Paul’s sixth and current pastor is Rev. Yea on S. 1314—A bill to designate the fa- cational field by working with the Commission Lance Watson, installed in 1985. Under his cility of the United States Postal Service lo- on Higher Education of the Middle States As- leadership, Saint Paul’s has continued to cated at 630 Northeast Killingsworth Avenue sociation of Colleges and Schools. He also thrive and expand. Over the last 30 years, the in Portland, Oregon, as the ‘‘Dr. Martin Luther serves southwestern Pennsylvania as the congregation has grown to over 12,000 mem- King, Jr. Post Office’’. Campaign Chair and President of the Mon bers. The church has instituted many more Yea on H.R. 3539—To designate the facility Valley United Way. Madam Speaker, I con- ministries including a bookstore, multiple of the United States Postal Service located at clude my remarks by commending Dr. Angelo schools, a counseling service, a community 427 Harrison Avenue in Harrison, New Jersey, Armenti, Jr. for his lifelong dedication to edu- development corporation, and a media com- as the ‘‘Patricia D. McGinty-Juhl Post Office cation and philanthropy. I wish him the best as pany that produces weekly recordings of Saint Building’’. he continues to serve his students and the Paul’s services and broadcasts them nation- Aye on H.R. 3767—To designate the facility people of Pennsylvania. ally. of the United States Postal Service located at f In 2002, the Church moved into its present 170 North Main Street in Smithfield, Utah, as the ‘‘W. Hazen Hillyard Post Office Building’’. 100TH ANNIVERSARY OF THE facility on Creighton Road. Although this is f SAINT PAUL’S BAPTIST CHURCH now the heart of Saint Paul’s, the church has multiple locations throughout Greater Rich- RECOGNIZING THE 110TH mond including the Marshall Avenue facility, BIRTHDAY OF MORRIS FEIN HON. ROBERT C. ‘‘BOBBY’’ SCOTT which is under development to become a per- OF VIRGINIA forming arts center. Saint Paul’s has been IN THE HOUSE OF REPRESENTATIVES such a positive spiritual influence on the Rich- HON. GARY L. ACKERMAN Tuesday, November 17, 2009 mond community that since 2005, two church- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Mr. SCOTT of Virginia. Madam Speaker, I es faced with the prospect of selling their rise today to celebrate the enduring legacy of property on the open market elected instead Tuesday, November 17, 2009 a faith institution in the city of Richmond. On to give their physical plants to Saint Paul’s to Mr. ACKERMAN. Madam Speaker, I rise Saturday, November 28, 2009, The Saint help expand its ministry. The church’s dedica- today in recognition of the 100th birthday of Paul’s Baptist Church will celebrate its 100th tion to ‘‘finding needs and meeting them, find- Morris Fein on Saturday, November 28, 2009. anniversary, and in recognition of this mile- ing hurts and healing them, finding problems Morris Fein is more than a friend; he is an stone I would like to take a moment to reflect and solving them’’ has made it an inspiration and a living testament to the Amer- on the history of this esteemed church and its indispensible institution of faith in the Greater ican Dream. contributions to the greater Richmond commu- Richmond area. Frank and Kate Feintuch migrated from Po- nity. I would like to commend Pastor Watson and land and arrived at Ellis Island aboard the The Saint Paul’s Baptist Church began, fit- the congregation of The Saint Paul’s Baptist Polonia in 1911 with two-year-old Morris. A tingly, on Thanksgiving night in 1909, when a Church as they celebrate their 100th anniver- product of the New York City public school group of congregants of First Union Baptist sary. I hope that their next 100 years of serv- system, Morris began his education at PS 13 Church received a letter of release to form ice will be as fruitful as their first 100 years. and graduated from Stuyesant High School at

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.022 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2789 the age of 16. Becoming the first member in Aquilino was born on January 4, 1918, in flights to Iraq to care for soldiers being sent to his family to graduate both high school and the small town of Santa Catarina, Guanajuato, Landstuhl. Warman was preparing for deploy- college, Morris obtained his Bachelors Degree in central Mexico. When Aquilino was quite ment to Iraq at the time of her death. in History from the City College of New York young, his mother passed away leaving six A graduate of the University of Pittsburgh, and graduated with a commission as Second children without their mother. Aquilino was the Warman was a certified psychiatric nurse Lieutenant of the ROTC. eldest sibling and so he became his father practitioner whose military career spanned In 1936, Morris met and married Vera Roth- Quintil’s trusted companion in raising the fam- more than two decades in active duty and man, with whom he celebrated his seventy- ily. Aquilino eventually left Santa Catarina to Army reserves. Prior to her exceptional work second wedding anniversary in 2008 before search for other opportunities in neighboring with the Maryland National Guard, LTC her passing. Morris and Vera lived in Astoria, towns and cities and years later made his way Warman had a civilian practice at University of Queens, in a one-bedroom apartment. They to the United States. Pittsburgh Medical Center. She was an expert not only raised their three children—Sheldon, In 1945 Aquilino arrived in Chualar, Cali- in post-traumatic stress disorder and traumatic Benjamin and Roselyn—there, but Morris also fornia, as part of the Bracero or guest worker brain injury. Warman also worked at a Vet- operated his tax practice from the apartment program. The work was arduous and stren- erans Administration facility in Perryville, Mary- on the weekends. In 1954, the family moved uous but Aquilino was determined to per- land. to a three-bedroom single-family home in severe and succeed. Aquilino would often I commend LTC Warman for her extraor- Flushing, Queens. state that he would never return to his home dinary commitment to both our country and To support his family, Morris worked in ex- town in worse shape than when he left; to do her fellow service members. She touched the cess of sixty hours per week, holding at min- so would be shameful. Later Aquilino would lives of many due to her outstanding sense of imum three jobs at any given time. For over travel to Jalisco, Mexico, with his friend Angel volunteerism, unwavering bravery, and dedica- 40 years he served as an Investigator/Inspec- De Leo´n, the cook from the labor camp. Some tion to making a difference. tor for the New York State Department of Agri- time thereafter Aquilino decided to marry the Madam Speaker, I ask that you join with me culture, spearheading many investigations of cook’s daughter, Ampelia De Leo´n. today to honor the life of Lieutenant Colonel major consequence in the Jewish and secular Aquilino and Ampelia had three daughters in Juanita Warman. The distinguished service communities throughout New York State. the United States, all of whom graduated from Lieutenant Colonel Warman has shown to our Through out his life, Morris has always college. Aquilino instilled in his daughters the country will forever reverberate in our memo- strongly identified with his Jewish heritage. A value of a formal education and was extremely ries. It gives me great pride to honor one of strong believer in ‘‘giving back’’ to the commu- proud to attend their college graduations. One our nation’s fallen heroes. nity, he played a vital role in creating and of his biggest fears was that his daughters f maintaining the Queensborough Hill Jewish would be relegated to toiling in agricultural Center, a house of worship and education for fields or undertaking menial labor to earn a liv- RECOGNIZING THE COURAGE AND his community. He served as a member of the ing. He taught them that a formal education STRENGTH OF MICHAEL BREWER Executive Board and Board of Trustees, in- was the only path out of the poverty and lim- cluding President and Treasurer, at the Syna- ited employment options which many immi- HON. ALCEE L. HASTINGS gogue. He also served as the long-term Finan- grant families had endured. OF FLORIDA cial Secretary and then President of the Aquilino could speak little English, yet he IN THE HOUSE OF REPRESENTATIVES Hrubishower Sick & Benevolent Society; and was precise in communicating his thoughts Tuesday, November 17, 2009 was a member of the Queensborough Hill and feelings. His generous and sincere smile Synagogues Men’s Club. would always welcome you and make you feel Mr. HASTINGS of Florida. Madam Speaker, After suffering a hip injury in 2002, Morris significant and strong. Aquilino will be remem- I rise today to honor 15-year-old Michael and his wife moved to an independent living bered for his gentle manner and honesty; his Brewer of Deerfield Beach, Florida, whose facility in Huntington Terrace, NY, where he devotion to his family and friends; and his courage and strength defy the atrocious attack currently resides. A member of the South Hun- keen ability to impart compassion and under- he has endured. Michael sustained burns to tington Jewish Center in Melville, he serves as standing to everyone he met. over 65 percent of his body after a group of President of the ‘‘Residents Board’’ at Hun- Madam Speaker, Aquilino Zarazu´a has left schoolmates set him on fire in an act of cruel tington Terrace/Brandywine Senior Living. a legacy in Monterey County and has inspired revenge. On October 12, 2009, neighborhood Morris will be celebrating his 100th birthday many immigrant fathers and families to seek a bullies Matthew Bent, 15; brothers Denver and with his children, Sheldon, Benjamin and his better life for their children. Thanks to Aquilino Jeremy Jarvis, 15 and 13 respectively; Steven wife Judy Sharmat, Roselyn and her husband we know that the greatest inheritance a child Shelton, 15; and Jesus Mendez, 15; sur- Edward Rudofsky; with his grandchildren and can receive is a father’s sense of values and rounded Michael in the parking lot of Limetree their spouses, Lee Rudofksy, Gayle Rudofsky, compassion for others. I am certain I speak for Village Apartments, poured rubbing alcohol on Steven Fein, Leonard Fein, Dr. Samual the entire House in extending our heartfelt him, and set him on fire with a lighter. Led by Sharmat, Soraya, Juliana and Alissa; and with sympathy to Aquilino’s wife Ampelia and his Bent, the bullies sought him out and terrorized his great grandchildren, Ethan Fein, Jim Fein, daughters Albertina, Blanca and Gladys. him for not paying back $40 borrowed to buy and Sophia Sharmat. f a video game. Michael had called the police Madam Speaker, I call on all my colleagues the night before the encounter when Bent at- in the House of Representatives to rise and LIEUTENANT COLONEL JUANITA tempted to steal a $500 custom bike from Mi- join me now in extending our congratulations WARMAN chael’s father at their home. to Morris Fein on the grand occasion of his I am truly shocked and outraged by this hei- 100th birthday. HON. C. A. DUTCH RUPPERSBERGER nous crime. Michael still remains in critical f OF MARYLAND condition at the University of Miami-Jackson IN THE HOUSE OF REPRESENTATIVES Memorial Hospital Burn Center and will have IN HONOR OF AQUILINO ZARAZU´ A to endure a long and painful recovery process. Tuesday, November 17, 2009 A 7th grader at Deerfield Beach Middle HON. SAM FARR Mr. RUPPERSBERGER. Madam Speaker, I School, he has since received hundreds of OF CALIFORNIA rise before you today to honor the life of Lieu- cards and letters of support from fellow class- IN THE HOUSE OF REPRESENTATIVES tenant Colonel Juanita Warman who died hon- mates and well-wishers from around the world. orably serving her country. My thoughts and prayers go out to Michael, Tuesday, November 17, 2009 Since 2008, LTC Warman has volunteered his family, and friends during this most difficult Mr. FARR. Madam Speaker, I rise today to with the Maryland National Guard’s reintegra- time. It is heartening to hear that Michael’s honor the memory of Aquilino Zarazu´a of Car- tion program, a program designed to help sol- first surgery went well and that his doctors are mel Valley, California. Aquilino was an extraor- diers returning from Iraq and Afghanistan with cautiously optimistic about his recovery. dinary man whose infectious smile and peace- a variety of issues. She served a year over- In addition, I want to commend the South ful demeanor comforted all those who came seas at Landstuhl Regional Medical Center in Florida community for coming together to raise into contact with him. Aquilino passed away Germany, the Army facility where those in- money in order to help the Brewer family pay on September 12, 2009, at age 91, leaving jured in Afghanistan and Iraq are treated be- for Michael’s medical expenses. During these behind an inspiring success story for many im- fore being sent stateside for further medical difficult economic times, these Floridians have migrant families to emulate. care. She regularly volunteered for round-trip shown their true colors by extending a helping

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.026 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS E2790 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2009 hand to a neighbor in need. In particular, I eventually will employ nearly 2,500 people in U.S. soil. Al Qaeda terrorists should stay would like to recognize Neighbors 4 Neighbors a region devastated by textile mill closings where they cannot endanger Americans. for raising more than $10,000 for Michael, and over the past 30 years. New jobs are always Today I introduced the Guantanamo De- Broward Sheriff’s detective Joe Kessling for welcome, but they’re a lifesaver for many tainee Transfer Impact Assessment Act of his leadership and community activism. Georgia families as our State suffers with an 2009. My legislation prohibits the transfer of Madam Speaker, we must stop the dan- unemployment rate above 10 percent. terrorists held at Guantanamo Bay to any lo- gerous values of bullying and violence from The plant will have a $6.5 billion economic cation in the United States unless the Presi- being perpetuated in our schools and commu- impact on the local economy, creating up to dent presents to the State’s legislature a nities. Young people like Michael deserve a 20,000 new jobs as a result. Direct Korean in- ‘‘Homeland Insecurity Impact Statement’’ con- safe educational environment in which they vestment is bolstering our economy and pay- ducted by the Government Accountability Of- can reach their full potential and become re- ing the bills for thousands of families in west fice, in consultation with the Inspectors Gen- spectful, contributing members of our society. Georgia. eral of the Department of Homeland Security, f Lowering trade barriers between South Federal Bureau of Investigation, and Office of Korea and the United States will produce the Director of National Intelligence, and the TWO NEIGHBORS COME TOGETHER more positive outcomes like the Kia plant for legislature then approves the transfer by a communities throughout this nation. Not only majority vote. HON. STEVE COHEN will American consumers benefit from cheap- I encourage my colleagues to join me in en- OF TENNESSEE er, duty-free products from Korea, but also suring that a thorough threat and risk assess- IN THE HOUSE OF REPRESENTATIVES American businesses will sell more of our ment is conducted and shared with the elected products in the Korean market. Tuesday, November 17, 2009 representatives of the American people before In 2007, Georgia businesses exported $397 any terrorist from Guantanamo Bay is brought Mr. COHEN. Madam Speaker, for almost million worth of goods to Korea. Removing tar- to the United States. two decades, the Republics of Turkey and Ar- iffs on U.S. goods, particularly those com- f menia have been meeting to discuss a path- peting against protected Korean industries, way for normalization of relations. These diplo- could significantly increase that number. Agri- EARMARK DECLARATION matic discussions were not easy and often in- culture remains my State’s No. 1 industry and volved complicated multi-dimensional implica- KORUS FTA would eliminate tariffs and bar- HON. AARON SCHOCK tions. However, on October 10th, the two riers to Georgia farm products such as pea- OF ILINOIS neighbors signed a historic rapprochement, a nuts, poultry and cotton. IN THE HOUSE OF REPRESENTATIVES ceremony which was followed around the Madam Speaker, for my constituents in Tuesday, November 17, 2009 globe. Georgia’s 3rd Congressional District, the In the two protocols signed, the two nations KORUS FTA isn’t some academic lecture with Mr. SCHOCK. Madam Speaker, in accord- agreed to establish diplomatic relations, nor- line graphs. For Georgians, the benefits are ance with the Republican adopted standards malize their bilateral relations in all aspects, tangible and observable. For the people in on earmarks, I submit the below detailed ex- open their border and create a framework to West Point, GA, Korean economic investment planation to Replace a Combined Sewer in determine their joint history. This agreement means jobs. Good jobs. Lots of jobs. Peoria, Illinois. would not only bring stability to the region, it The Congress has dragged its feet on pass- Bill Number: H.R. 2996—Department of the will also provide an example for other nations ing this trade deal even though we’ve seen Interior, Environment, and Related Agencies to come together to resolve their past dis- previous agreements work. In the first four Appropriations Act, 2010 putes. years of the U.S.-Singapore FTA, Georgia’s Provisions/Account: STAG Water and At their signing ceremony, the Turkish and exports to Singapore have grown 212 percent. Wastewater Infrastructure Project Armenian foreign ministers were joined by for- Since NAFTA went into effect in 1994, Geor- Name and Address of Requesting Entity: eign dignitaries from the United States, gia’s combined exports to Canada and Mexico entity to receive funding for this project is the France, Switzerland, Russia, the European have increased by 194 percent and since City of Peoria, located at 419 Fulton Street, Union, and the Council of Europe. While each entry into force of the U.S.-Chile Agreement in Peoria, Illinois 61602. country’s parliament must now ratify these 2004, the State’s exports to Chile have grown Description of Request: This project is in- protocols, we should acknowledge the signifi- 93 percent. tended to control combined sewer overflows cant progress for these two neighbors. I encourage President Obama to keep these along Spring Street. This is part of a larger The U.S. administrations of the past, as well numbers—these numbers that represent real community initiative which the City of Peoria as the current Obama administration, all sup- jobs for real Americans—in mind when he has committed $127 million towards. port the diplomatic discussions between Tur- shakes hands with President Lee tomorrow. f key and Armenia. I want to commend both f countries as they move this historic agreement A TRIBUTE TO THE COAST GUARD through their respective parliaments. GUANTANAMO DETAINEE TRANS- AND MARINE CORPS PILOTS AND CREWMEMBERS LOST ON OCTO- f FER IMPACT ASSESSMENT ACT BER 29, 2009 KOREA-UNITED STATES FREE HON. MARK STEVEN KIRK TRADE AGREEMENT OF ILLINOIS HON. DANIEL E. LUNGREN IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA HON. LYNN A. WESTMORELAND Tuesday, November 17, 2009 IN THE HOUSE OF REPRESENTATIVES OF GEORGIA Tuesday, November 17, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. KIRK. Madam Speaker, recently, the ad- ministration announced it may move up to 215 Mr. DANIEL E. LUNGREN of California. Tuesday, November 17, 2009 Al Qaeda terrorists to Illinois. This proposal Madam Speaker, I rise today to pay tribute to Mr. WESTMORELAND. Madam Speaker, imposes an unnecessary new risk. We should the Coast Guard and Marine Corps pilots and when President Obama meets tomorrow with slow down and answer basic questions. crewmembers lost off the coast of California South Korean President Lee Myung-bak, I en- The facility is only 22 miles from a nuclear on October 29, 2009. courage him to express his strong support for reactor. What precautions are taken? On the evening of October 29, 2009, a the Korea-U.S. Free Trade Agreement. Commissions will be in Illinois—how will we Coast Guard C–130 based out of Sacramento Deepening the important economic ties be- protect the families of judges and jurors? in California’s Third Congressional District was tween our countries benefits both sides. Al- We learned yesterday that two-thirds of the suspected to have collided with a Marine ready, Georgia does billions of dollars in trade jobs claimed will be active-duty military. The Corps AH–1W Super Cobra. with Korea each year. For Georgians in the Bureau of Prisons will hire no one over 37 The following crew members of the Coast 3rd Congressional District, this relationship years old and will hire nationwide, not just Illi- Guard C–130 are missing and presumed to with Korea has yielded tangible benefits: thou- nois. have lost their lives in the line of duty: Lt. sands of good-paying jobs. The United States spent more than $50 mil- Cmdr. Che J. Barnes of Capay, California; Lt. Korean automaker Kia has opened up a lion to build the state-of-the-art Guantanamo Adam W. Bryant, of Crewe, Virginia; Chief production facility in West Point, GA, and Bay detention facility to keep terrorists from Petty Officer John F. Seidman of Stockton,

VerDate Nov 24 2008 04:34 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.029 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS November 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2791 California; Petty Officer 2nd Class Carl P. IN RECOGNITION OF THE 100TH AN- HONORING THE 100TH ANNIVER- Grigonis of Mayfield Heights, Ohio; Petty Offi- NIVERSARY OF THE EQUAL SUF- SARY OF LOCAL 360 OF THE cer 2nd Class Monica L. Beacham of FRAGE LEAGUE AND THE UNITED ASSOCIATION OF Decaturville, Tennessee; Petty Officer 2nd LEAGUE OF WOMEN VOTERS OF PLUMBERS AND GASFITTERS Class Jason S. Moletzsky of Norristown, VIRGINIA Pennsylvania; and Petty Officer 3rd Class Danny R. Kreder II, of Elm Mott, Texas. HON. GERALD E. CONNOLLY HON. JERRY F. COSTELLO The following crew members of the Marine OF VIRGINIA OF ILLINOIS Corps helicopter are missing and presumed to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES have lost their lives in the line of duty: Maj. Tuesday, November 17, 2009 Samuel Leigh of Kennebec, Maine, and 1st Lt. Tuesday, November 17, 2009 Thomas Claiborne of Douglas, Colorado. Mr. CONNOLLY of Virginia. Madam Speak- er, I rise today to recognize the 100th anniver- Today we consider House Resolution 891, Mr. COSTELLO. Madam Speaker, I rise sary of Equal Suffrage League and its suc- which expresses the gratitude of the House of today to ask my colleagues to join me in hon- Representatives for the service to our Nation cessor organization, the League of Women Voters of Virginia. oring the 100th anniversary of Local 360 of that these pilots and crewmembers provided, the United Association of Plumbers and and extends its condolences to their family, On November 20, 1909, at 4:00 in the after- noon, a meeting was held in the Richmond Gasfitters, headquartered in Collinsville, Illi- friends, and loved ones. nois. I also thank the men and women of the home of Mrs. Anne Clay Crenshaw. The pur- Coast Guard and Marine Corps on behalf of pose of this meeting was to lay the ground- The Plumbers and Gasfitters Local 360 was my fellow Californians for the untold impact work for an organization that would dedicate chartered in 1909 in East St. Louis, Illinois. that they have had on the security of our its efforts to the women’s suffrage movement Situated on the Mississippi River, across from home. in Virginia. This organization was called the St. Louis and with a number of rail lines pass- Equal Suffrage League (ESL). ing through it, the East St. Louis area early in f The ESL was not the first organization the 20th Century was developing into a major formed in Virginia with the goal of granting ARNO HOTT industrial center. With commercial and resi- voting rights to women; at least two and per- dential development booming as families haps three other organizations had been came to the region in search of work in the HON. SHELLEY MOORE CAPITO formed in prior years between 1870 and 1900. factories and stockyards, there was a need for OF WEST VIRGINIA But where the prior organizations faded, the skilled labor and for unions to represent those IN THE HOUSE OF REPRESENTATIVES Equal Suffrage League was able to maintain workers. Tuesday, November 17, 2009 its passion and direction and continue the bat- tle for women’s suffrage. Under the original charter, Local 360 rep- Mrs. CAPITO. Madam Speaker, I rise today The Nineteenth Amendment granting resented plumbers, steamfitters, gasfitters, to honor Arno Hott, who is stepping down from women the right to vote was ratified in August, and steamfitter helpers. The original officer the Hampshire County Commission on Aging 1920. Mrs. Anne Clay Crenshaw, at whose was William J. Stewart, who served as sec- after 35 years; 25 served as board chairman. home the first ESL was held, wasted no time retary for the new local until November 20, Arno Hott was born in Kirby, WV, on No- and registered to vote just days later on Sep- 1909. vember 13, 1924. On his 85th birthday we tember 9, 1920. Local 360 has grown through the years and honor him for all the work he has done for On November 20, 1920, exactly 11 years now represents 230 members in Madison and Hampshire County. His wife, Dorothy, and four after its founding, the Equal Suffrage League St. Clair counties. In addition to providing a children should be extremely proud as Arno officially changed its name to the League of strong voice for its members and providing the was one of the first board members on the Women Voters of Virginia. Since that time, the highest quality of labor, Local 360 also is com- Commission on Aging. What started with just League of Women Voters of Virginia has con- mitted to giving back to the communities three employees has grown to employ 110 tinued to expand its involvement and increase where its members live and work. The Local people, making it among the top ten employ- the involvement and participation of women in provides support for a number of charitable or- ers in Hampshire County. many areas including candidate and issue in- ganizations, such as the Shriners, Salvation We honor him for his time with the Commis- formation, voting guides and laws, advocacy Army and the Special Olympics. sion on Aging, but his service to Hampshire and public issues. There are now 12 local In 1994, Local 360 moved its headquarters County reaches much further. A graduate of leagues and three Member at Large Units in to Collinsville, Illinois. Current leadership is Shepherd College, Arno taught in Hampshire the Commonwealth of Virginia, all of which provided by William Hayes, business man- County Schools for 36 years. He is very active continue the work of involving women and en- ager/financial secretary-treasurer; Matthew with the community choir, the county fair, as suring that their voices are heard. well as the Ruritan Club, where he has been The League of Women Voters of Virginia Popov, recording secretary; Paul Koehne, a member for 50 years. An instrumental part understands and promotes the fact that when president; and Thomas Kowalski, vice presi- in starting a day care for seniors, Arno’s in- women are informed, they become engaged; dent. Through their continued commitment to volvement in the community has benefited so when they become engaged, they vote; and quality representation for their members and many and it is only right he receive acknowl- when women vote, they get results. community involvement, Local 360 is a posi- edgement in return for all his public service. Madam Speaker, I ask my colleagues to join tive example of organized labor in south- Having received the Distinguished West Vir- me in congratulating the League of Women western Illinois. ginian Award from four different Governors as Voters of Virginia on the occasion of this anni- Madam Speaker, I ask my colleagues to join well as the Outstanding West Virginian Award, versary and also to thank the League of me in congratulating the leadership and mem- it is an honor to recognize Arno Hott. It says Women Voters of Virginia for their tireless bers of Local 360 of the United Association of great things about West Virginia to have peo- work on behalf of the citizens of the Common- Plumbers and Gasfitters as they celebrate ple like you representing our great State. wealth of Virginia. their 100th anniversary.

VerDate Nov 24 2008 04:39 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.034 E17NOPT1 jbell on DSKDVH8Z91PROD with REMARKS Tuesday, November 17, 2009 Daily Digest

HIGHLIGHTS Senate passed H.R. 3082, Military Construction and Veterans Affairs Ap- propriations Act. Senate Johnson (for Warner) Modified Amendment No. Chamber Action 2775 (to Amendment No. 2730), to require a study Routine Proceedings, pages S11393–11440 on the capacity of the Department of Veterans Af- Measures Introduced: Eleven bills were introduced, fairs to address combat stress in women veterans. as follows: S. 2780–2790. Page S11430 Page S11406 Johnson (for Klobuchar) Amendment No. 2777 Measures Passed: (to Amendment No 2730), to require a study to Military Construction and Veterans Affairs Ap- identify the improvements to the information tech- propriations Act: By unanimous vote of 100 yeas nology infrastructure of the Department of Veterans (Vote No. 348), Senate passed H.R. 3082, making Affairs that are required to furnish health care serv- appropriations for military construction, the Depart- ices to veterans using telehealth platforms. ment of Veterans Affairs, and related agencies for the Pages S11406–07 fiscal year ending September 30, 2010, as amended, Johnson (for Boxer) Modified Amendment No. after taking action on the following amendments 2783 (to Amendment No. 2730), to make available proposed thereto: Pages S11403–07, S11407–11 from Medical Services, $1,000,000 for education Adopted: debt reduction for mental health care professionals Inouye Modified Amendment No. 2754 (to who agree to employment at the Department of Vet- Amendment No. 2730), to permit $68,500,000, as erans Affairs. Pages S11406–07 requested by the Missile Defense Agency of the De- Johnson/Hutchison Amendment No. 2730, in the partment of Defense, to be used for the construction nature of a substitute. Pages S11403–07, S11407–11 of a test facility to support the Phased Adaptive Ap- Rejected: proach for missile defense in Europe, with an offset. DeMint (for Inhofe) Amendment No. 2774 (to Pages S11403, S11404 Amendment No. 2730), to prohibit the use of funds Johnson (for Cochran) Amendment No. 2763 (to appropriated or otherwise made available by this Act Amendment No. 2730), to provide for the modifica- to construct or modify a facility in the United States tion of a restriction of alienation of certain real prop- or its territories to permanently or temporarily hold erty in Gulfport, Mississippi. Pages S11405, 11406 any individual held at Guantanamo Bay, Cuba. (By By 98 yeas to 1 nay (Vote No. 346), Johnson 57 yeas to 43 nays (Vote No. 347), Senate tabled the Amendment No. 2733 (to Amendment No. 2730), amendment.) Pages S11403, S11407–09 to increase by $50,000,000 the amount available for Senate insisted on its amendment, requested a the Department of Veterans Affairs for minor con- conference with the House thereon, and the Chair struction projects for the purpose of converting un- was authorized to appoint the following conferees on used Department of Veterans Affairs structures into the part of the Senate: Senators Johnson, Inouye, housing with supportive services for homeless vet- Landrieu, Byrd, Murray, Reed, Nelson (NE), Pryor, erans, and to provide an offset. Pages S11403, 11405 Leahy, Hutchison, Brownback, McConnell, Collins, Feingold/Sanders Modified Amendment No. 2748 Murkowski, and Cochran. Page S11411 (to Amendment 2730), to make available $5,000,000 for grants to community-based organiza- Appointments: tions and State and local government entities to con- Library of Congress Trust Fund Board: The duct outreach to veterans in under-served areas. Chair, on behalf of the Majority Leader, in consulta- Pages S11403, S11405–06 tion with the Republican Leader, pursuant to Public D1337

VerDate Nov 24 2008 04:17 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO9.REC D17NOPT1 jbell on DSKDVH8Z91PROD with DIGEST D1338 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2009 Law 95–277, as amended by Public Law 102–246, Edith Ramirez, of California, to be a Federal appointed the following individuals as members of Trade Commissioner for the term of seven years from the Library of Congress Trust Fund Board for five September 26, 2008. year terms: Elaine Wynn of Nevada, vice Bernard Earl F. Gohl, Jr., of the District of Columbia, to Rapoport, and Tom Girardi of California, vice Leo be Federal Cochairman of the Appalachian Regional Hindery. Page S11439 Commission. Caregivers and Veterans Omnibus Health Serv- Scott H. DeLisi, of Minnesota, to be Ambassador ices Act—Agreement: A unanimous-consent-time to the Federal Democratic Republic of Nepal. agreement was reached providing that upon disposi- Beatrice Wilkinson Welters, of Virginia, to be tion of the nomination of David F. Hamilton, of In- Ambassador to the Republic of Trinidad and To- diana, to be United States Circuit Judge for the Sev- bago. enth Circuit, that Senate begin consideration of S. 2 Air Force nominations in the rank of general. 1963, to amend title 38, United States Code, to pro- 1 Navy nomination in the rank of admiral. vide assistance to caregivers of veterans, to improve Routine lists in the Air Force, Army, Coast the provision of health care to veterans; and that the Guard, and Foreign Service. Pages S11439–40 bill be considered under the following limitations: Messages from the House: Page S11427 that debate on the bill be limited to 30 minutes, Measures Referred: Page S11427 equally divided and controlled between Senators Akaka and Burr, or their designees; that the only Executive Communications: Pages S11427–28 amendment in order be a Coburn amendment re- Executive Reports of Committees: Pages S11428–30 garding funding priorities; that debate on the Additional Cosponsors: Pages S11430–31 amendment be limited to three hours, with two hours under the control of Senator Coburn, and 60 Statements on Introduced Bills/Resolutions: minutes under the control of Senator Akaka, or his Pages S11432–38 designee; that upon use or yielding back of all time, Additional Statements: Pages S11426–27 Senate vote on or in relation to the Coburn amend- Amendments Submitted: Page S11438 ment; that upon disposition of the Coburn amend- Page S11438 ment, Senate vote on passage of the bill. Page S11422 Notices of Hearings/Meetings: Senator Rockefeller—Agreement: A unanimous- Authorities for Committees to Meet: consent agreement was reached providing that at ap- Pages S11438–39 proximately 9:30 a.m., on Wednesday, November Privileges of the Floor: Page S11439 18, 2009, Senator Rockefeller be recognized to Record Votes: Four record votes were taken today. Page S11439 speak. (Total—349) Pages S11405, S11409, S11410, S11422 Hamilton Nomination—Agreement: Senate re- Adjournment: Senate convened at 10 a.m. and ad- sumed consideration of the nomination of David F. journed at 6:24 p.m., until 9:30 a.m. on Wednes- Hamilton, of Indiana, to be United States Circuit day, November 18, 2009. (For Senate’s program, see Judge for the Seventh Circuit. Pages S11411–25 the remarks of the Acting Majority Leader in today’s During consideration of this measure today, Senate Record on page S11439.) also took the following action: By 70 yeas to 29 nays (Vote No. 349), three-fifths of those Senators duly chosen and sworn, having Committee Meetings voted in the affirmative, Senate agreed to the motion (Committees not listed did not meet) to close further debate on the nomination. Pages S11421–22 CHILD NUTRITION PROGRAMS A unanimous-consent agreement was reached pro- Committee on Agriculture, Nutrition, and Forestry: Com- viding for further consideration of the nomination at mittee concluded a hearing to examine reauthoriza- approximately 11:30 a.m., on Wednesday, Novem- tion of the United States child nutrition programs, ber 18, 2009, and that the post-cloture time count focusing on opportunities to fight hunger and im- during any adjournment, recess, or period of morn- prove child health, after receiving testimony from ing business. Page S11439 Thomas Vilsack, Secretary, and Margaret L. Bogle, Nominations Received: Senate received the fol- Executive Director, Delta Obesity Prevention Re- lowing nominations: search Unit, Agricultural Research Service, both of Julie Simone Brill, of Vermont, to be a Federal the Department of Agriculture; Rich Huddleston, Trade Commissioner for the term of seven years from Arkansas Advocates for Children and Families, and September 26, 2009. Rhonda Sanders, Arkansas Hunger Relief Alliance,

VerDate Nov 24 2008 04:17 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO9.REC D17NOPT1 jbell on DSKDVH8Z91PROD with DIGEST November 17, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1339 both of Little Rock; and Jennifer Smith, Wal-Mart BUSINESS MEETING Stores, Inc., Bentonville, Arkansas. Committee on Foreign Relations: Committee ordered fa- TRUTH IN LENDING ACT vorably reported the following business items: Committee on Banking, Housing, and Urban Affairs: S. 1524, to strengthen the capacity, transparency, Committee concluded a hearing to examine S. 1799, and accountability of United States foreign assistance to amend the Truth in Lending Act, to establish fair programs to effectively adapt and respond to new and transparent practices related to the marketing challenges of the 21st century, with an amendment and provision of overdraft coverage programs at de- the nature of a substitute; pository institutions, after receiving testimony from S. 2727, to provide for continued application of Michael Calhoun, Center for Responsible Lending, arrangements under the Protocol on Inspections and and Jean Ann Fox, Consumer Federation of America, Continuous Monitoring Activities Relating to the both of Washington, DC.; Frank Pollack, Pentagon Treaty Between the United States of America and Federal Credit Union, Alexandria, Virginia; John P. the Union of Soviet Socialist Republics on the Re- Carey, Citigroup North America Consumer Banking, duction and Limitation of Strategic Offensive Arms New York, New York; and Mario Livieri, Brandford, in the period following the Protocol’s termination on Connecticut. December 5, 2009; INTERNET SALES TACTICS S. 1739, to promote freedom of the press around the world; Committee on Commerce, Science, and Transportation: S. 1067, to support stabilization and lasting peace Committee concluded a hearing to examine aggres- in northern Uganda and areas affected by the Lord’s sive sales tactics on the Internet and their impact on American consumers, after receiving testimony from Resistance Army through development of a regional Florence Marotta-Wurgler, New York University strategy to support multilateral efforts to successfully School of Law, New York, New York; Prentiss Cox, protect civilians and eliminate the threat posed by University of Minnesota Law School, Minneapolis; the Lord’s Resistance Army and to authorize funds Robert J. Meyer, University of Pennsylvania Whar- for humanitarian relief and reconstruction, reconcili- ton School, Philadelphia; Ray France, St. Cloud, ation, and transitional justice; Florida; and Linda Lindquist, Sussex, Wisconsin. S. Res. 341, supporting peace, security, and inno- cent civilians affected by conflict in Yemen; GLOBAL CLIMATE CHANGE S. Res. 345, deploring the rape and assault of Committee on Energy and Natural Resources: Committee women in Guinea and the killing of political pro- concluded a hearing to examine the international as- testers; pects of global climate change, after receiving testi- H. Con. Res. 36, calling on the President and the mony from Michael A. Levi, Council on Foreign Re- allies of the United States to raise in all appropriate lations, New York, New York; and Nigel Purvis, bilateral and multilateral for the case of Robert Climate Advisers, Taiya Smith, Carnegie Endowment Levinson at every opportunity, urging Iran to fulfill for International Peace, Karen Harbert, U.S. Cham- their promises of assistance to the family of Robert ber of Commerce, and Jake Colvin, National Foreign Levinson, and calling on Iran to share the results of Trade Council, all of Washington, D.C. its investigation into the disappearance of Robert COUNTERTERRORISM IN AFRICA’S SAHEL Levinson with the Federal Bureau of Investigation; REGION Hague Convention on the International Recovery Committee on Foreign Relations: Subcommittee on Afri- of Child Support and Other Forms of Family Main- can Affairs concluded a hearing to examine United tenance, adopted at The Hague on November 23, States counterterrorism priorities and strategy across 2007, and signed by the United States on that same Africa’s Sahel region, after receiving testimony from date (Treaty Doc. 110–21); Johnnie Carson, Assistant Secretary for African Af- Protocol Amending the Convention between the fairs, and Daniel Benjamin, Coordinator for Counter- Government of the United States of America and the terrorism, both of the Department of State; Vicki Government of the French Republic for the Avoid- Huddleston, Deputy Assistant Secretary of Defense ance of Double Taxation and the Prevention of Fiscal for Africa; Earl Gast, Senior Deputy Assistant Ad- Evasion with Respect to Taxes on Income and Cap- ministrator for Africa, United States Agency for ital, signed at Paris on August 21, 1994, as Amend- International Development; Lianne Kennedy-Boudali, ed by the Protocol signed on December 8, 2004, RAND Corporation, Arlington, Virginia; and David signed January 13, 2009, at Paris, together with a Gutelius, Johns Hopkins University Applied Physics related Memorandum of Understanding, signed Jan- Laboratory, San Francisco, California. uary 13, 2009 (Treaty Doc. 111–04); and

VerDate Nov 24 2008 04:17 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO9.REC D17NOPT1 jbell on DSKDVH8Z91PROD with DIGEST D1340 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2009 The nominations of Jose W. Fernandez, of New nomic architecture, after receiving testimony from York, to be Assistant Secretary for Economic, En- Timothy F. Geithner, Secretary of the Treasury. ergy, and Business Affairs, William E. Kennard, of H1N1 FLU VACCINE the District of Columbia, to be Representative of the United States of America to the European Union, Committee on Homeland Security and Governmental Af- with the rank and status of Ambassador, John F. fairs: Committee concluded a hearing to examine Tefft, of Virginia, to be Ambassador to Ukraine, Mi- H1N1 flu, focusing on getting the vaccine to where chael C. Polt, of Tennessee, to be Ambassador to the it is most needed, after receiving testimony from Republic of Estonia, Cynthia Stroum, of Wash- Alex Garza, Assistant Secretary for Health Affairs ington, to be Ambassador to Luxembourg, David and Chief Medical Officer, Department of Homeland Huebner, of California, to be Ambassador to New Security; and Nicole Lurie, Assistant Secretary for Zealand, and to serve concurrently and without addi- Preparedness and Response, and Rear Admiral Anne tional compensation as Ambassador to Samoa, Robert Schuchat, Assistant Surgeon General, Director, Na- R. King, of Virginia, to be Special Envoy on North tional Center for Immunization and Respiratory Dis- Korean Human Rights Issues, with the rank of Am- eases, Centers for Disease Control and Prevention, bassador, Peter Alan Prahar, of Virginia, to be Am- both of the Department of Health and Human Serv- bassador to the Federated States of Micronesia, Fred- ices. erick D. Barton, of Maine, to be Representative of CYBERSECURITY the United States of America on the Economic and Social Council of the United Nations, with the rank Committee on the Judiciary: Subcommittee on Ter- of Ambassador, and to be an Alternate Representa- rorism and Homeland Security concluded a hearing tive to the Sessions of the General Assembly of the to examine cybersecurity, focusing on preventing ter- United Nations, during his tenure of service as Rep- rorist attacks and protecting privacy in cyberspace, resentative on the Economic and Social Council of after receiving testimony from James A. Baker, Asso- the United Nations, and Carmen Lomellin, of Vir- ciate Deputy Attorney General, and Steven R. ginia, to be Permanent Representative of the United Chabinsky, Deputy Assistant Director, Cyber Divi- States of America to the Organization of American sion, Federal Bureau of Investigation, both of the States, with the rank of Ambassador, all of the De- Department of Justice; Philip R. Reitinger, Deputy partment of State, James LaGarde Hudson, of the Under Secretary of Homeland Security for National District of Columbia, to be United States Director Protection and Programs Directorate; Richard C. of the European Bank for Reconstruction and Devel- Schaeffer, Jr., Information Assurance Director, Na- opment, Gustavo Arnavat, of New York, to be tional Security Agency, Department of Defense; United States Executive Director of the Inter-Amer- Gregory T. Nojeim, Center for Democracy & Tech- ican Development Bank, and Daniel W. Yohannes, nology, and Larry M. Wortzel, U.S.-China Economic of Colorado, to be Chief Executive Officer, Millen- and Security Review Commission, both of Wash- nium Challenge Corporation; and ington, D.C.; and Larry Clinton, Internet Security Routine lists in the Foreign Service. Alliance, Arlington, Virginia. INTELLIGENCE INTERNATIONAL ECONOMICS Select Committee on Intelligence: Committee held closed Committee on Foreign Relations: Committee concluded hearings on intelligence matters, receiving testimony a hearing to examine the United States and the from officials of the intelligence community. G–20, focusing on remaking the international eco- Committee recessed subject to call. h House of Representatives Chamber Action Additional Cosponsors: Page H13069 Reports Filed: Reports were filed today as follows: Public Bills and Resolutions Introduced: 16 pub- H. Res. 908, providing for consideration of the lic bills, H.R. 4083–4098 and 2 resolutions, H. bill (H.R. 2781) to amend the Wild and Scenic Riv- Con. Res. 213; and H. Res. 910 were introduced. ers Act to designate segments of the Molalla River Pages H13068–69

VerDate Nov 24 2008 04:17 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO9.REC D17NOPT1 jbell on DSKDVH8Z91PROD with DIGEST November 17, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1341 in Oregon, as components of the National Wild and Information and Statistics, headquartered in Sac- Scenic Rivers System (H. Rept. 111–339) and ramento, California: H. Res. 851, to recognize and H. Res. 909, providing for consideration of the honor the 40th anniversary of SEARCH, The Na- bill (H.R. 3791) to amend sections 33 and 34 of the tional Consortium for Justice Information and Statis- Federal Fire Prevention and Control Act of 1974 (H. tics, headquartered in Sacramento, California. Rept. 111–340). Page H13068 Pages H13031–33 Speaker: Read a letter from the Speaker wherein she Suspension—Proceedings Postponed: The House appointed Representative Driehaus to act as Speaker debated the following measure under suspension of pro tempore for today. Page H13005 the rules. Further proceedings were postponed: Recess: The House recessed at 10:51 a.m. and re- Reserve Officers Association Modernization Act convened at noon. Page H13009 of 2009: S. 1599, to amend title 36, United States Journal: The House agreed to the Speaker’s approval Code, to include in the Federal charter of the Re- of the Journal by a recorded vote of 243 ayes to 177 serve Officers Association leadership positions newly noes with 1 voting ‘‘present,’’ Roll No. 894. added in its constitution and bylaws. Pages H13030–31 Pages H13009, 13034–35 Communication from the Clerk of the House: Suspensions: The House agreed to suspend the rules Read a letter from the Clerk wherein she transmitted and pass the following measures: notification that Paul J. Solis, Nathaniel Wright, Kedric L. Payne, and Jon Steinman have signed an Clean Hull Act of 2009: H.R. 3618, amended, to agreement to not be a candidate for the office of provide for implementation of the International Con- Senator or Representative in, or Delegate or Resident vention on the Control of Harmful Anti-Fouling Commissioner to, the Congress for purposes of the Systems on Ships, 2001; Pages H13013–18 Federal Election Campaign Act of 1971 until at least Expressing support for designation of November 3 years after they are no longer a member of the 29, 2009, as ‘‘Drive Safer Sunday’’: H. Res. 841, board or staff of the Office of Congressional Ethics. to express support for designation of November 29, Further, the Clerk notified the House that copies of 2009, as ‘‘Drive Safer Sunday,’’ by a 2⁄3 yea-and-nay the signed agreements shall be retained by the Office vote of 413 yeas to 1 nay, Roll No. 893; of the Clerk as part of the records of the House. Pages H13018–20, H13033–34 Page H13056 Cruise Vessel Security and Safety Act of 2009: Quorum Calls—Votes: Three yea-and-nay votes H.R. 3360, amended, to amend title 46, United and one recorded vote developed during the pro- States Code, to establish requirements to ensure the ceedings of today and appear on pages H13033, security and safety of passengers and crew on cruise H13033–34, H13034–35, H13035. There were no vessels, by a 2⁄3 yea-and-nay vote of 416 yeas to 4 quorum calls. nays, Roll No. 892; Pages H13020–26, H13033 Adjournment: The House met at 10:30 a.m. and Expressing the gratitude of the House of Rep- adjourned at 8:32 p.m. resentatives for the service to our Nation of the Coast Guard and Marine Corps aircraft pilots and crewmembers lost off the coast of California on Oc- Committee Meetings tober 29, 2009: H. Res. 891, amended, to express the gratitude of the House of Representatives for the FINANCIAL SECURITY IMPROVEMENT ACT service to our Nation of the Coast Guard and Marine Committee on Agriculture: Held a hearing to review the Corps aircraft pilots and crewmembers lost off the 2 Financial Stability Improvement Act discussion coast of California on October 29, 2009, by a ⁄3 draft. Testimony was heard from Gary Gensler, yea-and-nay vote of 419 yeas with none voting Chairman, CFTC; Elisse B. Walter, Commissioner, ‘‘nay,’’ Roll No. 895; Pages H13026–29, H13035 SEC; and Leland A. Strom, Chairman and Chief Ex- H. Dale Cook Federal Building and United ecutive Officer, Farm Credit Administration. States Courthouse Designation Act: H.R. 3305, to designate the Federal building and United States U.S IRAQ-AFGHANISTAN STRATEGY courthouse located at 224 South Boulder Avenue in Committee on Armed Services: Subcommittee on Over- Tulsa, Oklahoma, as the ‘‘H. Dale Cook Federal sight and Investigations continued hearings on Af- Building and United States Courthouse’’; and ghanistan and Iraq: Perspectives on U.S. Strategy, Pages H13029–30 Part III. Testimony was heard from GEN. Wesley Recognizing and honoring the 40th anniversary Clark, USA (ret.), Former NATO Supreme Allied of SEARCH, The National Consortium for Justice Commander, Europe; and public witnesses.

VerDate Nov 24 2008 04:17 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO9.REC D17NOPT1 jbell on DSKDVH8Z91PROD with DIGEST D1342 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2009 PERFORMANCE BUDGETING retary of Homeland Security, in consultation with Committee on the Budget: Held a hearing on Building the Secretary of State, to submit a report on the ef- an Executive-Legislative Partnership for Performance fects of the Merida Initiative on the border security Budgeting. Testimony was heard from Jeffrey D. of the United States, and for other purposes; H.R. Zients, Deputy Director, Management and Chief 3837, as amended, Strengthening and Updating Re- Performance Officer, OMB. sources and Equipment Act; H.R.3963, Criminal In- vestigative Training Restoration Act; H.R. 3978, H1N1 SICK LEAVE POLICIES First Responder Anti-Terrorism Training Resources Committee on Education and Labor: Held a hearing on Act; H.R. 3980, Redundancy Elimination and En- Protecting Employees, Employers and the Public: hanced Performance for Preparedness Grants Act; H1N1 and Sick Leave Policies. Testimony was heard and H. Res. 28, as amended, Expressing the sense from Anne Schuchat, M.D., Assistant Surgeon Gen- of the House of Representatives that the Transpor- eral, and Director, National Center for Immunization tation Security Administration should, in accordance and Respiratory Diseases, Centers for Disease Control with the congressional mandate provided for in the and Prevention, Department of Health and Human Implementing Recommendations of the 9/11 Com- Services; and public witnesses. mission Act of 2007, enhance security against ter- CHEMICAL SAFETY DETERMINATION rorist attack and other security threats to our Na- tion’s rail and mass transit lines. Committee on Energy and Commerce: Subcommittee on Commerce, Trade, and Consumer Protection held a JUDGE PORTEOUS IMPEACHMENT hearing on Prioritizing Chemicals for Safety Deter- mination. Testimony was heard from Stephen Committee on the Judiciary: Task Force on Judicial Im- Owens, Assistant Administrator, Officer of Pollu- peachment met to consider possible impeachment of tion, Pesticides, and Toxic Substances, EPA; Eric U.S. District Judge G. Thomas Porteous, Jr. Testi- Sampson, Director, Division of Laboratory Sciences, mony was heard from Alan Baron, Special Impeach- National Center for Environmental Health, Centers ment Counsel, Committee on the Judiciary; and At- for Disease Control and Prevention, Department of torney Robert Creely. Health and Human Services; and public witnesses. Will continue tomorrow. UNIVERSAL SERVICE REFORM ACT FINANCIAL REFORM—BANKRUPTCY Committee on Energy and Commerce: Subcommittee on ANTITRUST LAW Communications, Technology and the Internet held Committee on the Judiciary: Subcommittee on Courts a hearing on a discussion draft of the Universal Serv- and Competition Policy continued hearings on Too ice Reform Act of 2009. Testimony was heard from Big to Fail: The Role for Bankruptcy and Antitrust Ray Baum, Commissioner, Public Utility Commis- Law in Financial Regulation Reform, Part II. Testi- sion, State of Oregon; and public witnesses. mony was heard from public witnesses. COMMITTEE PRINT—FINANCIAL STABILITY IMPROVEMENT ACT OF 2009 MISCELLANEOUS MEASURES Committee on Financial Services: Continued consider- Committee on Natural Resources: Subcommittee on Na- ation of the Committee Print of the Financial Sta- tional Parks, Forests, and Public Lands held a hear- bility Improvement Act of 2009. ing on the following bills: H.R. 2889, Oregon Caves Will continue tomorrow. National Monument Boundary Adjustment Act of 2009; H.R. 3339, FLTFA Reauthorization Act of MISCELLANEOUS MEASURES 2009; H.R. 3444, Pinnacles National Park Act; Committee on Homeland Security: Ordered reported the H.R. 3538, Idaho Wilderness Water Resources Pro- following measures: H.R. 1517, as amended, To tection Act; and H.R. 3726, Castle Nugent National allow certain U.S. Customs and Border Protection Historic Site Establishment Act of 2009. Testimony employees who serve under an overseas limited ap- was heard from Representatives Farr and Simpson; pointment for at least 2 years, and whose service is the following officials of the Department of the Inte- rated fully successful or higher throughout that time, rior: Bob Abbey, Director, Bureau of Land Manage- to be converted to a permanent appointment in the ment; and Steven E. Whitesell, Associate Director, competitive service; H.R. 2611, as amended, To Park Planning, Facilities, and Lands, National Park amend the Homeland Security Act of 2002 to au- Service; Lenise Lago, Deputy Regional Forester, Pa- thorize the Securing the Cities Initiative of the De- cific Northwest Region, Forest Service, USDA; partment of Homeland Security, and for other pur- Robin M. Nazzaro, Director, Natural Resources and poses; H.R. 3239, as amended, To require the Sec- Environment, GAO; and public witnesses.

VerDate Nov 24 2008 04:17 Nov 18, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO9.REC D17NOPT1 jbell on DSKDVH8Z91PROD with DIGEST November 17, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1343 BANK OF AMERICA-MERRILL LYNCH components of the National Wild and Scenic Rivers MERGER System, and for other purposes’’. The rule provides Committee on Oversight and Government Reform: and the one hour of general debate equally divided and con- Subcommittee on Domestic Policy continued joint trolled by the chair and ranking minority member hearings entitled ‘‘Bank of America and Merrill of the Committee on Natural Resources. The rule Lynch: How did a Private Deal Turn Into a Federal waives all points of order against consideration of the Bailout? Part IV. ‘‘ Testimony was heard from pub- bill except those arising under clause 9 or 10 of rule lic witnesses. XXI. The rule provides that the amendment in the nature of a substitute recommended by the Com- FIRE GRANTS REAUTHORIZATION ACT OF mittee on Natural Resources now printed in the bill 2009 shall be considered as adopted. The bill, as amended, Committee on Rules: Granted, by a non-record vote, a shall be considered as read. The rule waives all structured rule providing for the consideration of points of order against provisions in the bill, as H.R. 3791, the ‘‘Fire Grants Reauthorization Act of amended. Finally, the rule provides one motion to 2009’’. The rule provides one hour of general debate recommit with or without instructions. Testimony equally divided and controlled by the chair and was heard from Representatives Grijalva and ranking minority member of the Committee on Hastings of Washington. Science and Technology. The rule waives all points of order against consideration of the bill except those SECURITY SCIENCE—ADVANCED arising under clause 9 or 10 of rule XXI. RADIATION MONITORS The rule provides that the amendment in the na- Committee on Science and Technology: Subcommittee on ture of a substitute recommended by the Committee Investigations and Oversight continued hearings on on Science and Technology modified by the amend- The Science of Security Part II; Technical Problems ment printed in part A of the Rules Committee re- Continue to Hinder Advanced Radiation Monitors. port shall be considered as an original bill for the Testimony was heard from the following officials of purpose of amendment and shall be considered as the GAO: Gene Aloise, Director, Natural Resources read. The rule waives all points of order against the and Environment; and Timothy M. Persons, Chief amendment in the nature of a substitute except Scientist; the following officials of the Department of those arising under clause 10 of rule XXI. Homeland Security: Todd Owen, Executive Director, The rule makes in order only those amendments Cargo and Conveyance Security, Office of Field Op- printed in part B of the report. The amendments erations, U.S. Customs and Border Protection; and made in order may be offered only in the order William Hagan, Acting Deputy Director, Domestic printed in the report, may be offered only by a Nuclear Detection Office. Member designated in the report, shall be considered as read, shall be debatable for the time specified in U.S. TRADE PREFERENCE PROGRAMS the report equally divided and controlled by the pro- Committee on Ways and Means: Subcommittee on ponent and an opponent, shall not be subject to Trade held a hearing on the Operation, Impact and amendment, and shall not be subject to a demand Future of the U.S. Preference Programs. Testimony for division of the question. The rule waives all was heard from Representatives McDermott, Linda points of order against the amendments made in T. Sa´nchez of California, and Engel; Tim Reif, Gen- order except those arising under clause 9 or 10 of eral Counsel, Office of the U.S. Trade Representa- rule XXI. The rule provides one motion to recommit tive; Sandra Polaski, Deputy Under Secretary, Bureau with or without instructions. The rule provides that of International Labor Affairs, Department of Labor; the Chair may entertain a motion that the Com- Mary Ott, Deputy Assistant Administrator, Bureau mittee rise only if offered by the chair of the Com- of Economic Growth, U.S. Agency for International mittee on Science and Technology or a designee. Fi- Development, Department of State; Burnham Phil- nally, the rule provides that the Chair may not en- brook, Deputy Under Secretary, Farm and Foreign tertain a motion to strike out the enacting words of Agricultural Service, USDA; Loren Yager, Director, the bill. Testimony was heard from Representatives International Affairs and Trade, GAO; and public Gordon, Holden, and Smith of Nebraska. witnesses. MOLALLA RIVER PROTECTIONS BRIEFING—SIGNIFICANT ACTIVITIES Committee on Rules: Granted, by a non-record vote, a Permanent Select Committee on Intelligence: Met in execu- closed rule providing for consideration of H.R. 2781, tive session to receive a briefing on Significant Ac- ‘‘To amend the Wild and Scenic Rivers Act to des- tivities. The Committee was briefed by departmental ignate segments of the Molalla River in Oregon, as witnesses.

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Gordon, of the District of Columbia, to be Administrator Joint Meetings for Federal Procurement Policy, Time to be announced, No joint committee meetings were held. S–216, Capitol. Ad Hoc Subcommittee on Contracting Oversight, to f hold hearings to examine accountability for foreign con- COMMITTEE MEETINGS FOR WEDNESDAY, tractors, focusing on the Lieutenant Colonel Dominic NOVEMBER 18, 2009 ‘‘Rocky’’ Baragona Justice for American Heroes Harmed by Contractors Act, 2:30 p.m., SD–342. (Committee meetings are open unless otherwise indicated) Committee on the Judiciary: to hold an oversight hearing to examine the Department of Justice, 9:30 a.m., SDG–50. Senate Full Committee, to hold hearings to examine the Committee on Agriculture, Nutrition, and Forestry: to hold nominations of Denny Chin, of New York, to be United hearings to examine reforming the United States financial States Circuit Judge for the Second Circuit, Rosanna market regulation; to be immediately followed by a hear- Malouf Peterson, to be United States District Judge for ing to examine the nomination of Jill Long Thompson, the Eastern District of Washington, William M. Conley, of Indiana, to be a Member of the Farm Credit Adminis- to be United States District Judge for the Western Dis- tration Board, Farm Credit Administration, 9:30 a.m., trict of Wisconsin, and Susan B. Carbon, of New Hamp- SD–106. shire, to be Director of the Violence Against Women Of- Committee on Commerce, Science, and Transportation: to fice, and John H. Laub, of the District of Columbia, to hold hearings to examine the nominations of Mark R. be Director of the National Institute of Justice, both of Rosekind, of California, to be a Member of the National the Department of Justice, 2:30 p.m., SD–226. Transportation Safety Board, Scott Boyer Quehl, of Penn- Committee on Veterans’ Affairs: to hold hearings to exam- sylvania, to be Assistant Secretary, and to be Chief Finan- ine easing the burdens through employment, 9:30 a.m., cial Officer, and Suresh Kumar, of New Jersey, to be As- SR–418. sistant Secretary and Director General of the United States and Foreign Commercial Service, both of the De- House partment of Commerce, Philip E. Coyle, III, of California, Committee on Armed Services, hearing on Resourcing the to be an Associate Director of the Office of Science and National Defense Strategy: Implications of Long Term Technology Policy, and Anthony R. Coscia, of New Jer- Budget Trends, 10 a.m., 210 HVC. sey, and Albert DiClemente, of Delaware, both to be a Committee on Energy and Commerce, Subcommittee on Director of the Amtrak Board of Directors, 2:30 p.m., Health and the Subcommittee on Oversight and Inves- SR–253. tigations, joint hearing on H1N1 Preparedness: An Over- Committee on Energy and Natural Resources: Subcommittee view of Vaccine Production and Distribution, 10 a.m., on Public Lands and Forests, to hold hearings to examine 2123 Rayburn. managing Federal forests in response to climate change, Committee on Financial Services, to continue consideration focusing on natural resource adaptation and carbon se- of the Committee Print of the Financial Stability Im- questration, 2:30 p.m., SD–366. provement Act of 2009, 10 a.m., 2128 Rayburn. Committee on Environment and Public Works: business Committee on Foreign Affairs, Subcommittee on Ter- meeting to consider S. 2778, to amend the Public Works rorism, Nonproliferation and Trade, hearing on Flag on and Economic Development Act of 1965 to reauthorize the Bag?: Foreign Assistance and the Struggle Against that Act, 9:30 a.m., SD–406. Terrorism, 2 p.m., 2172 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Homeland Security, hearing entitled ‘‘Fed- ine the nominations of Mary Burce Warlick, of Virginia, eral Protective Service: Will Continuing Challenges to be Ambassador to the Republic of Serbia, James B. Weaken Transition and Impede Progress?’’ 10 a.m., 311 Warlick, Jr., of Virginia, to be Ambassador to the Re- Cannon. public of Bulgaria, and Eleni Tsakopoulos Kounalakis, of Subcommittee on Transportation Security and Infra- California, to be Ambassador to the Republic of Hungary, structure Protection, hearing entitled ‘‘Is the Flying Pub- all of the Department of State, 10:15 a.m., SD–419. lic Protected? An Assessment of Security at Foreign Re- Committee on Health, Education, Labor, and Pensions: busi- pair Stations,’’ 2 p.m., 311 Cannon. ness meeting to consider S. 510, to amend the Federal Committee on the Judiciary, Task Force on Judicial Im- Food, Drug, and Cosmetic Act with respect to the safety peachment, to continue consideration of possible im- of the food supply, and the nominations of David Morris peachment of U.S. District Judge G. Thomas Porteous, Michaels, of Maryland, to be Assistant Secretary of Labor, Jr., 10 a.m., 2141 Rayburn. and Pamela S. Hyde, of New Mexico, to be Adminis- Committee on Natural Resources, to mark up the fol- trator of the Substance Abuse and Mental Health Services lowing bills: H.R. 1672, Northwest Straits Marine Con- Administration, Department of Health and Human Serv- servation Initiative Reauthorization Act of 2009; H.R. ices, any pending nominations, and subcommittee assign- 2062, Migratory Bird Treaty Act Penalty and Enforce- ments, 10 a.m., SD–430. ment Act of 2009; H.R. 3644, Bay-Watershed Education Committee on Homeland Security and Governmental Affairs: and Training (B–WET) Regional Program and National business meeting to consider the nomination of Daniel I. Environmental Literacy Grant Program Act; H.R. 3940,

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To authorize the Secretary of the Interior to extend grants nue in Shrewsbury, Massachusetts, as the ‘‘Ann Marie and other assistance to facilitate a political status public Blute Post Office;’’ 2 p.m., 2154 Rayburn. education program for the people of Guam; H.R. 2288, Subcommittee on Federal Workforce, Postal Service Endangered Fish Recovery Programs Improvement Act of and the District of Columbia, hearing entitled ‘‘Greater 2009; H.R. 3603, To rename the Ocmulgee National Autonomy for the National’s Capital,’’ with discussion of Monument; H.R. 3759, BLM Contract Extension Act; the following bills: H.R. 960, District of Columbia Leg- H.R. 3804, National Park Service Authorities and Cor- islative Autonomy Act of 2009; and H.R. 1045, District rections Act of 2009; and H.R. 3388, Petersburg Na- of Columbia Budget Autonomy Act of 2009, 10 a.m., tional Battlefield Boundary Modification Act, 10 a.m., 2154 Rayburn. 1324 Longworth. Committee on Science and Technology, to mark up H.R. Committee on Oversight and Government Reform, to mark 4061, Cybersecurity Enhancement Act of 2009, 10 a.m., up the following measures: H.R. 2517, Domestic Partner- 2318 Rayburn. ship Benefits and Obligations Act of 2009; H.R. 3892, Committee on Transportation and Infrastructure, Sub- To designate the facility of the United States Postal Serv- committee on Water Resources and Environment, hearing ice located at 101 West Highway 64 Bypass in Roper, on Proposals for a Water Resources Development Act of North Carolina, as the ‘‘E.C. Wilkins Post Office;’’ H.R. 2010, 2 p.m., 2167 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Dis- 3951, To designate the facility of the United States Post- ability Assistance and Memorial Affairs, to mark up a al Service located at 2000 Louisiana Avenue in New Orle- draft bill, and to consider pending business, 10 a.m., 334 ans, Louisiana, as the ‘‘Roy Rondeno, Sr., Post Office Cannon. Building;’’ and H.R. 4017, To designate the facility of Permanent Select Committee on Intelligence, executive, brief- the United States Postal Service located at 43 Maple Ave- ing on Guantanamo Update, 4 p.m., 304 HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, November 18 10 a.m., Wednesday, November 18

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond two hours), Sen- 2781—To amend the Wild and Scenic Rivers Act to des- ate will continue consideration of the nomination of ignate segments of the Molalla River in Oregon, as com- David F. Hamilton, of Indiana, to be United States Cir- ponents of the National Wild and Scenic Rivers System cuit Judge for the Seventh Circuit, and vote on confirma- (Subject to a Rule). tion thereon. (At approximately 9:30 a.m., Senator Rockefeller will be rec- ognized to speak.)

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E2787 Ruppersberger, C.A. Dutch, Md., E2789 Gerlach, Jim, Pa., E2784 Sarbanes, John P., Md., E2786 Ackerman, Gary L., N.Y., E2788 Halvorson, Deborah L., Ill., E2785 Schock, Aaron, Ill., E2779, E2782, E2790 Barrett, J. Gresham, S.C., E2787 Hastings, Alcee L., Fla., E2781, E2789 Scott, Robert C. ‘‘Bobby’’, Va., E2788 Camp, Dave, Mich., E2785 Hoyer, Steny H., Md., E2783 Sherman, Brad, Calif., E2784 Capito, Shelley Moore, W.Va., E2782, E2791 Kind, Ron, Wisc., E2787 Smith, Adam, Wash., E2787 Childers, Travis W., Miss., E2779 Kirk, Mark Steven, Ill., E2790 Towns, Edolphus, N.Y., E2781 Coffman, Mike, Colo., E2788 Kucinich, Dennis J., Ohio, E2779, E2781 Cohen, Steve, Tenn., E2790 Lungren, Daniel E., Calif., E2790 Weiner, Anthony D., N.Y., E2782 Connolly, Gerald E., Va., E2791 Manzullo, Donald A., Ill., E2782 Westmoreland, Lynn A., Ga., E2790 Costa, Jim, Calif., E2780, E2786 Mitchell, Harry E., Ariz., E2782, E2784 Wexler, Robert, Fla., E2780, E2786 Costello, Jerry F., Ill., E2791 Murtha, John P., Pa., E2787 Wilson, Joe, S.C., E2783 Davis, Susan A., Calif., E2788 Olson, Pete, Tex., E2784 Wittman, Robert J., Va., E2784 Edwards, Donna F., Md., E2779 Poe, Ted, Tex., E2784 Wolf, Frank R., Va., E2779, E2785 Farr, Sam, Calif., E2789 Ros-Lehtinen, Ileana, Fla., E2785 Woolsey, Lynn C., Calif., E2783

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