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

Vol. 155 WASHINGTON, WEDNESDAY, OCTOBER 21, 2009 No. 153 House of Representatives The House met at 10 a.m. and was THE JOURNAL There was no objection. called to order by the Speaker pro tem- The SPEAKER pro tempore. The Mr. HOLT. Mr. Speaker, I rise today pore (Mr. PASTOR of Arizona). Chair has examined the Journal of the to welcome and introduce to my col- f last day’s proceedings and announces leagues the Reverend Darrell L. Arm- strong, pastor of Shiloh Baptist DESIGNATION OF THE SPEAKER to the House his approval thereof. Church, in Trenton, New Jersey. PRO TEMPORE Pursuant to clause 1, rule I, the Jour- nal stands approved. Rev. Armstrong, a native of Los An- The SPEAKER pro tempore laid be- f geles, California, moved to New Jersey fore the House the following commu- in 1995 to pursue ministerial training nication from the Speaker: PLEDGE OF ALLEGIANCE at the Princeton Theological Semi- WASHINGTON, DC The SPEAKER pro tempore. Will the nary. In 2000, he was elected by near October 21, 2009. gentleman from Texas (Mr. POE) come unanimous vote to serve as pastor of I hereby appoint the Honorable ED PASTOR forward and lead the House in the the acclaimed Shiloh Baptist Church, to act as Speaker pro tempore on this day. Pledge of Allegiance. which was founded in 1893. As only the NANCY PELOSI, Speaker of the House of Representatives. Mr. POE of Texas led the Pledge of third pastor to lead this church over Allegiance as follows: the past 100 years, Rev. Armstrong has f I pledge allegiance to the Flag of the helped to double its membership to PRAYER United States of America, and to the Repub- over 1,800 congregants, and he has so- Rev. Darrell Armstrong, Shiloh Bap- lic for which it stands, one nation under God, lidified Shiloh Baptist’s reputation as a tist Church, Trenton, New Jersey, of- indivisible, with liberty and justice for all. thriving and respected church in cen- fered the following prayer: f tral New Jersey. God of Abraham, Isaac, and Jacob, MESSAGE FROM THE SENATE He is the proud husband of Melanie God of Miriam, Deborah, and Esther; A message from the Senate by Ms. Pinkey and the father of two children, Thou who art my creator, redeemer, Curtis, one of its clerks, announced Amaris Kayla and Daniel LaRue. and sustainer; Thou art from ever- that the Senate has passed a bill of the Rev. Armstrong is one of more than lasting to everlasting; anoint, O God, following title in which the concur- 70 central New Jersey religious leaders bless and guide today’s session of the rence of the House is requested: here today for meetings with Members United States House of Representa- of Congress, administration officials, S. 1818. An act to amend the Morris K. tives. Udall Scholarship and Excellence in Na- and outside groups. I know that his in- Grant Thy special grace upon these tional Environmental and Native American spiring prayer this morning will help ordinary women and men who gather Public Policy Act of 1992 to honor the legacy to guide not only today’s session of the in these hallowed walls with extraor- of Stewart L. Udall, and for other purposes. House, but also our meetings through- dinary positions of influence and The message also announced that out the day. power. pursuant to Public Law 110–315, the f Give them wisdom, knowledge, dis- Chair announces, on behalf of the cernment, and understanding to make President pro tempore, the appoint- decisions which positively impact the ANNOUNCEMENT BY THE SPEAKER ment of the following individuals to be PRO TEMPORE lives of American and world citizens members of the National Advisory alike. And as Micah charged us in the Committee on Institutional Quality The SPEAKER pro tempore. The prophetic scriptures, help us to do jus- and Integrity: Chair will entertain up to 15 further re- tice, to love kindness, and to walk Daniel Klaich of Nevada, quests for 1-minute speeches on each humbly with You, O God. Cameron Staples of Connecticut, and side of the aisle. Bless our international community Larry Vanderhoef of California. f of nation states, bless our beloved f United States of America, and do, God, bless our President. WELCOMING THE REVEREND TIME FOR COMPREHENSIVE Out of loving respect to my brothers DARRELL ARMSTRONG HEALTH CARE REFORM and sisters of the other faiths—Jewish, The SPEAKER pro tempore. Without (Mr. BRALEY of Iowa asked and was Islamic, Buddhist, Hindu and others—I objection, the gentleman from New given permission to address the House offer this prayer in the name of the Jersey (Mr. HOLT) is recognized for 1 for 1 minute and to revise and extend One I call Jesus the Christ. Amen. minute. his remarks.)

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 01:21 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.000 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11520 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Mr. BRALEY of Iowa. Mr. Speaker, Mr. BACA. As we move closer to Ms. SCHWARTZ. I rise today to rec- the time for comprehensive health care health care reform, let us not lose ognize National Save for Retirement reform is now. Yesterday, in the House focus on who exactly we are trying to Week, which started on Sunday and Oversight and Investigations Sub- help. will last until Sunday, October 25th. committee, we had a hearing on the Our seniors need help as they try to This week encourages Americans to impact on small businesses of our cur- make ends meet between fixed income prioritize the important responsibility rent health care delivery system. and increased health care costs. Our of saving for their retirement. I am A constituent of mine from Dav- families need help as they are living proud that earlier this year the House enport, Iowa, Mick Landauer, came and paycheck by paycheck, often post- of Representatives passed my resolu- testified about the challenges his small poning doctor’s visits. In my district in tion marking the importance of this business faces providing health care to the Inland Empire, we have at least week. its employees. The challenge is greater 217,000 who are uninsured, and this Not enough Americans are putting when you have an employee like Mick, number keeps rising every day. money away for retirement. While who suffers from a critical chronic dis- All of these individuals have nowhere more Americans started to save re- ease like congestive heart failure. else to turn to. We must not turn our cently, we do not know yet whether In the last 2 years, he has seen the backs on them. I state, we must not this will be sustained. deductibles for employees go from turn our backs on them. We have seen According to the Employee Benefit $2,000 to $4,000 to $8,000 for single indi- what a quick fix can do to health care Research Institute, less than two- vidual coverage. That is unacceptable, reform. This only leads to more prob- thirds of workers or their spouses are and that is why Democrats in the lems with expensive consequences. currently saving for retirement, and House have put forward a comprehen- Health care reform must include a the actual amount of retirement sav- sive health care reform bill that is public option, where everyone can par- ings lags behind the amounts families going to provide small businesses with ticipate and not be left out in the cold. will need to fund their retirement A public option will bring down health much greater opportunities to find years. The average 401(k) account has care costs and give individuals and competitively priced products for their just over $45,000, far below the amount families a choice, instead of leaving employees. needed to finance retirement for most One of the things we have to do is them stranded without coverage. Americans. make sure the emphasis on coverage I urge my colleagues to remember So even in these challenging finan- applies to people, no matter where they who this health care reform is for and cial times, this week serves as an im- live, the number of employees they are not let special interests cloud the pic- portant reminder that for all of us it is trying to insure, and to give them ture of real reform. Let’s support never too early or too late to begin to more flexibility in a more competitive health care reform. save for retirement. marketplace. That is why we need to f f pass this bill and pass it soon. HEALTH CARE REFORM SHOULD f NOT COST PATIENTS THEIR SMALL BUSINESS SHOULDN’T BE PUNISHED FOR HEALTH CARE STIMULUS BILL FUNDS HEALTH CARE REFORM EXPENSIVE PR SIGNS (Mr. GINGREY of Georgia asked and (Mr. POE of Texas asked and was was given permission to address the (Mr. FLEMING asked and was given given permission to address the House House for 1 minute and to revise and permission to address the House for 1 for 1 minute.) extend his remarks.) minute.) Mr. POE of Texas. Mr. Speaker, if Mr. GINGREY of Georgia. Mr. Speak- Mr. FLEMING. Mr. Speaker, I have there is one thing the Federal Govern- er, health care reform should not cost been a family physician for over 30 ment is really good at, it is wasting my patients their health care. In every years, and that is why I believe the money, and thanks to the so-called plan, the Democrats pay for health Democrat health care reform proposals stimulus bill, there are millions of cit- care reform on the backs of my pa- being circulated in Congress right now izen dollars floating around loose being tients, particularly seniors and those are bad for American families, bad for blown by the wind of the waste-acrats. who get health care from their em- American seniors, and bad for Amer- The money is not being used to cre- ployer. ican small businesses. ate permanent jobs in the private sec- Our seniors have suffered tremen- If we allow a government takeover of tor. State governments are using stim- dously since the recession began. How- health care, a $544 billion surtax is ulus money for their own pet programs. ever, my Democratic colleagues don’t going to be imposed on the so-called But States are also required to put up think seniors have paid enough this rich to pay for this awful plan. Who are stimulus signs where no projects have year, so now they are asking our sen- these ‘‘rich’’ people, Mr. Speaker? They even started. iors to foot the bill for health insur- are small business owners. Small busi- One New Hampshire community was ance reform by cutting Medicare by $50 nesses create 7 out of 10 jobs, yet we told if they didn’t put up a government billion. And despite our tough eco- are about to cripple employers and sign, they wouldn’t get any money. nomic times, the Democrat plans guarantee that the 10 percent unem- Pay for the stimulus boondoggle PR would fund the health reform plan by ployment rate that we currently face blitz, or no funds. And these signs cost creating massive new taxes on employ- will only continue to rise. The result of taxpayers up to $2,000 a piece. Now, ers that will result in as many as 5.5 these new taxes on jobs will be the loss here is one of those signs. The Feds are million jobs lost. of an estimated 5.5 million jobs. trying to convince people that the Don’t believe me? Ask the 22 Demo- Overall, Americans will suffer $820 stimulus is a success. Of course, there crats who signed a letter to Speaker billion in new taxes; another broken is no work taking place below this PELOSI on July the 16th telling her promise by the President. Democrats sign. that the Obama plan could increase also want to impose another $208 bil- It is easier to create million dollar small business taxes to 50 percent. lion in new taxes on businesses that public relations signs than it is to cre- Fifty percent, my colleagues. can’t afford to pay for their employees’ ate real jobs. The PR propaganda cam- Mr. Speaker, health care reform health care. paign by the Federal Government should not cost my patients their Why are Democrats pushing a gov- claiming the stimulus plan is working health care. ernment takeover of health care? is an expensive myth. f f And that’s just the way it is. MARKING NATIONAL SAVE FOR FINDING DIFFERENT WAYS TO f RETIREMENT WEEK SAY NO TO HEALTH CARE RE- HEALTH CARE REFORM (Ms. SCHWARTZ asked and was FORM (Mr. BACA asked and was given per- given permission to address the House (Mr. YARMUTH asked and was given mission to address the House for 1 for 1 minute and to revise and extend permission to address the House for 1 minute.) her remarks.) minute.)

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.003 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11521 Mr. YARMUTH. Mr. Speaker, our Re- b 1015 PUBLIC OPTION MYTH BUSTER publican colleagues continue to find SAYING NO TO HEALTH CARE (Ms. EDWARDS of Maryland asked different ways of saying no to the REFORM and was given permission to address health care reform that the American the House for 1 minute and to revise people so desperately need and want. (Ms. WASSERMAN SCHULTZ asked and was given permission to address and extend her remarks.) One of those outrageous ways of saying Ms. EDWARDS of Maryland. Mr. the House for 1 minute and to revise no is to claim that the government is Speaker, it’s been 126 days since the somehow going to get between doctors and extend her remarks.) Ms. WASSERMAN SCHULTZ. Mr. Republican leadership promised a and their patients. Speaker, it’s been 125 days, 126 days health care bill and today, 126, still no Well, America’s seniors know that is since Representative ROY BLUNT, the bill. Mr. Speaker, I rise today to set not the case, because under Medicare, point man for the rumored Republican the record straight. The American peo- doctor-patient relationships are sacred. alternative health reform plan, said: I ple overwhelmingly support a robust Veterans know that is not the case, be- guarantee you we will provide you with public health option. And despite cause the VA knows that doctor-pa- a bill. Republican leaders from Gov- months and months of insurance com- tient relationships are sacred. ernor Bobby Jindal to former Senate panies, lobbyists and even political leaders spreading the myth that the But the people of California don’t majority leaders Bill Frist and Bob American people don’t support a public know that. A recent study revealed Dole have indicated that Republicans health insurance option, we have clear that 22 percent of the claims made to need to work with Democrats to offer evidence to the contrary. A poll re- insurance companies are denied. Now health care solutions. leased by The Washington Post and who is getting between the doctor and But rather than coming up with a ABC News earlier this week confirmed patient relationship? It is the insur- plan to lower health care costs and that 57 percent of Americans support a ance companies, not the government. stop insurance companies from dis- criminating against you if you get public health insurance option. Republicans ought to figure out a sick, Republicans are choosing to be The American people realize that the way to say yes instead of no. It has the party of ‘‘no’’ and the status quo. current system is broken, the status been 126 days and counting since the No is not a solution. Saying no costs quo is unacceptable and the time for Republican leadership said they were the average family $1,800 in increased real health care reform is now. But in- going to advance a plan to reform health costs each year. Health insur- stead of supporting reform, the party America’s health care. Instead, they ance reform is about putting the Amer- of ‘‘no’’ 126 days later, and insurance still find crazy ways to say no. It is ican people and doctors back in charge, profit-mongers continue to work to kill time for them to join us in saying yes. not the insurance companies, to guar- reform and defend a system that dis- antee stability, lower costs, higher criminates against people with chronic f equality and more choices of plans. Our illnesses, a history of domestic vio- friends on the other side of the aisle lence and continues to see premiums HEALTH CARE REFORM can’t run away from the fact that they and deductibles skyrocket, forcing have no plan, as much as they might 14,000 Americans each day to lose their (Mr. BURGESS asked and was given like to. The time to act on health in- health care coverage. permission to address the House for 1 surance reform is now. Mr. Speaker, the American people minute and to revise and extend his re- f have spoken and it’s time for all Mem- marks.) bers of Congress, Republicans and UNCERTAINTY HURTS JOB Mr. BURGESS. Mr. Speaker, health Democrats, to listen. They want real CREATION care reform should not cost patients health care reform, a robust public op- their health care. Unfortunately, sev- (Mr. WILSON of South Carolina tion to expend coverage, create real eral of the plans that have been passed asked and was given permission to ad- competition and bring down costs. by this House and are now being writ- dress the House for 1 minute and to re- f vise and extend his remarks.) ten in secret in the Speaker’s Office AMERICA’S RIGHT TO KNOW with the White House will do just that. Mr. WILSON of South Carolina. Mr. Speaker, Democrat policies in Wash- (Mr. BUCHANAN asked and was If it is cheaper for employers to drop ington are creating uncertainty across given permission to address the House employees from employer-sponsored in- America. This uncertainty is chilling for 1 minute and to revise and extend surance and move them into a public job creation, and small businesses have his remarks.) option, employers will do just that. to wait and see when the next tax in- Mr. BUCHANAN. Mr. Speaker, the One-quarter of America’s seniors who crease or government mandate is going State of Florida leads the Nation with enjoy the added benefits of Medicare to arrive. Whether it is more govern- one of the toughest right-to-know laws Advantage will lose their coverage. ment intrusion into the financial sec- in the country. Florida’s strong Sun- They get the things we want them to tor, a national energy tax, devaluation shine Law guards against back-room get: care coordination, disease manage- of their dollar, a Big Government deals and secret negotiation by govern- ment, medical homes, the things that health care takeover, small businesses ment officials. Democracy thrives best we have told our seniors we will pro- see a Democrat agenda that is out of when the people are fully involved and vide for them. And yet they will lose it touch with their needs. engaged. under the health care reform. Millions Further promoting this uncertainty Along these lines, I’ve introduced a more Americans will be moved into is the Democrats’ refusal to provide resolution demanding that the critical Medicaid. the transparency they promised. Long decisions made on the sweeping health Patients whose doctors can no longer gone are the plans to draft a health care reform bill now before Congress be afford their liability insurance will care bill in public. Now those decisions conducted under the watchful eye of lose their doctor if we don’t pass some are made behind closed doors. The the American people. My resolution sort of meaningful liability reform. Democrat leadership is even refusing to puts the House on record against se- Not just another study, but meaningful hold a vote on a proposal to have all cret, closed-door deals on a health care liability reform like we passed in Texas legislation available online for 72 bill that seeks to overhaul one-sixth of in 2003, and the point has been proven hours. our country’s entire economy. In the over the years since that has happened. We need to say ‘‘yes’’ on H.R. 3400, past, massive legislative measures health insurance reform. Republicans have been written in the middle of the Portability should bring hundreds of have a bill for access and affordability, night by a handful of Members and more choices. We don’t need a public and I urge my Democrat colleagues to staff and then quickly passed into law option that will simply deliver a single consider H.R. 3400. before the American people have had a additional choice. In conclusion, God bless our troops, chance to even see what the final No cuts to Medicare. America’s sen- and we will never forget September the version looks like, let alone determine iors have paid, and they deserve better. 11th in the global war on terrorism. how they feel about it.

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.005 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11522 CONGRESSIONAL RECORD — HOUSE October 21, 2009 It’s time for Congress to follow Flor- government-run Medicaid plan. Our strained and doctors are no longer see- ida’s lead and ensure that any con- plan was called TennCare, but it might ing new Medicare patients. With the ference committee meeting on health as well have been called H.R. 3200. It massive proposed cuts to Medicare Ad- care reform be conducted in the light resulted in costs tripling in 10 years vantage, how am I to explain to these of day and under full public view. I and rationing of care when our State patients that the reform that they’ve hope Members on both sides of the aisle couldn’t pay for the care that was been waiting for, the reform that many will cosponsor this important right-to- promised. claim will broaden access and help know measure and join me in this ef- Our businesses realized they could them get the services they need will fort. shift the cost to the public sector, and actually cost them the quality of care f our State saw 45 percent of individuals and coverage that they depend on? on TennCare who had previously been I cannot find a good explanation, and MISREPRESENTATIONS ON on private health insurance. It was a I will not support legislation that sac- MEDICARE disaster. And I’m trying to prevent rifices the health of seniors in Arkan- (Mr. ANDREWS asked and was given that disaster from playing out on a na- sas by cutting Medicare Advantage. permission to address the House for 1 tional level. f minute and to revise and extend his re- f AMERICANS ARE TIRED OF marks.) WAITING Mr. ANDREWS. Well, it’s been 126 INSURANCE COMPANY CATCH–22 days and the minority party’s not (Ms. DELAURO asked and was given (Mr. MURPHY of Connecticut asked given us their plan for health care. permission to address the House for 1 and was given permission to address What they have given America’s sen- minute and to revise and extend her re- the House for 1 minute.) iors is a lot of misrepresentations on marks.) Mr. MURPHY of Connecticut. Mr. Medicare. This bill does not cut Medi- Ms. DELAURO. This month a health Speaker, I’m a patient man, so I’ve care benefits for seniors. It cuts cor- insurance company tried to deny been willing to take my Republican porate welfare for insurance compa- health coverage to a 4-month-old baby colleagues at their word that they’re nies. There is a program called Medi- in Colorado. Why? Because they said he not really trying to obstruct health care Advantage, and it’s an advantage was too fat. An insurance company care reform, that they want to fix the for the insurance industry because it also, just this week, denied coverage to system as well. So I’ve been willing to works like this: for every $100 that we a 2-year-old girl. Why? Because they wait for a plan. And many people out there in the public have been willing to spend on regular Medicare to take care said she was too thin. Too fat, too thin, wait as well for the Republicans to of seniors, insurance companies get sounds like a no-win situation, a catch- produce a health care reform before $114. They keep most of that $14, if not 22. they pass judgment on what the best all of it, and do not use it to help sen- And, in fact, it was designed that course is to fix our broken health care iors. We’re getting rid of that and I way. An industry spokesman said they system. think that makes sense. might reconsider covering those chil- Well, 126 days later, we’re tired of This bill will work in favor of seniors dren if they got medical treatment and waiting. Americans are ready for on Medicare because when you go to seemed healthy over a period of time. health care reform now because they the doctor for preventive care if you’re So in order to get health insurance, want affordable choice that competes a senior on Medicare, no more copay, these children need to get treated with- with private plans. They know that no more out of your pocket. Medicare out health insurance until they prove they are one bad checkup or one pink pays it all. The cost of your prescrip- they’re healthy enough to satisfy the slip away from being kicked off their tion drugs will drop, and Medicare ben- insurance company. A cruel trick. And coverage. And they can’t wait any efits will be strengthened. The life of these companies pull it every day just longer for Republicans to share their the Medicare trust fund will be ex- to preserve their profit margins. solution. tended by 5 years. The apple doesn’t fall far from the Mr. Speaker, the status quo is unac- So after 126 days, you’d think they’d tree. Our friends across the aisle have ceptable to the vast majority of Ameri- come up with something, but what been using similar logic to defend these cans, except to those who have left us they’ve come up with is more misrepre- companies and to defeat health insur- waiting. sentation. ance reform. They tell us that a public f f option will mean government-run health insurance, and that must be FIND WAYS TO HELP SMALL PUBLIC OPTION DISASTER stopped. They tell us our health reform BUSINESSES (Mr. ROE of Tennessee asked and was plan will endanger Medicare which is, (Mr. ROGERS of Alabama asked and given permission to address the House of course, a public option. Which is it: was given permission to address the for 1 minute.) too fat, too thin, too much government House for 1 minute and to revise and Mr. ROE of Tennessee. Mr. Speaker, or not enough? extend his remarks.) this week The Washington Post pub- f Mr. ROGERS of Alabama. Mr. Speak- lished a poll supposedly showing that er, the folks in east Alabama, as across 57 percent of the American people sup- HEALTH INSURANCE EXPANSION most of America, are hurting right port, and I quote, ‘‘having the govern- SHOULD NOT COST PATIENTS now. In my home county, we have 11 ment create a new health insurance COVERAGE OR BENEFITS percent unemployment, and that’s the plan to compete with the private (Mr. BOOZMAN asked and was given lowest unemployment in that region of health insurance plans.’’ Unfortu- permission to address the House for 1 the State. I have several counties in nately, what The Post failed to ask and minute and to revise and extend his re- my district with 15 percent unemploy- what poll after poll has consistently marks.) ment, and I have one county with 17 shown is that Americans who claim to Mr. BOOZMAN. Mr. Speaker, I rise percent. That’s real pain. And instead support a government-run option today to say that health insurance ex- of this Congress and this administra- switch their opinion when they find pansion should not end up costing pa- tion finding ways to help small busi- out that creating such a plan will de- tients their quality of care or their nesses create jobs and get these people crease quality and access and increase benefits. In January 2008 the Arkansas back to work, they’re talking about costs. Department of Health reported that raising taxes on small businesses and How do I know this will happen? I 51,707 Arkansans were currently en- creating government-run health insur- practiced medicine in Tennessee under rolled in Medicare Advantage. The De- ance and mandating it on small busi- a plan very similar to what the Demo- partment also noted that the number nesses. crats are proposing here. We sought to of enrollees was increasing every day. We need to find ways to help small increase access to health insurance by Most of these men and women are lo- businesses create jobs. We need to offer lowering provider payments and prom- cated in rural areas of the State, places tax credits if you’ll hire new employ- ising free medical care to our State’s where access to health care is already ees. We need to offer tax credits if

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.006 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11523 you’ll buy new equipment, expand your those targeted under the surtax are expect Washington to do the same. In- plants and create jobs. We need to find small business owners. stead, the Democrats’ proposed govern- ways to help these small businesses Small businesses have historically ment-run health care plan imposes $208 provide health insurance by allowing employed more than half of the U.S. billion in new taxes on small busi- association health plans, simplified workforce and have created more than nesses who simply cannot afford to pay billing, allow us to purchase health in- 72 percent of the new jobs across the for their employees’ health care. An es- surance across State lines and passing country. With unemployment climbing timated 5.5 million jobs will be lost at tort reform. to record numbers and the Federal def- a time when this country already suf- It’s time for us to come up with the icit reaching $1.4 trillion, Congress fers from unemployment not seen in 26 ways to help small business create jobs simply can’t keep ignoring these years. instead of finding ways to hinder them. issues. The worst thing that Washington can f Prior to being elected to Congress do is introduce a job-killing health this year, I was working for my fam- care plan that restricts the growth of 287(G) PROGRAM ily’s small business and know how im- small businesses during these tough (Mr. POLIS asked and was given per- portant small businesses are not only economic times. The American people mission to address the House for 1 to local communities but to our na- deserve better, and Republicans have minute and to revise and extend his re- tional economy as well. proposed better ways. marks.) Imposing taxes on small businesses f Mr. POLIS. Mr. Speaker, I rise today that are doing all they can to stay in strong opposition to the Federal afloat is not a viable answer and could ANNOUNCEMENT BY THE SPEAKER 287(g) program. This unconscionable make job losses even worse. PRO TEMPORE program authorizes local governments f The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, the Chair to carry out immigration law compli- HEALTH CARE BILL IS MOVING will postpone further proceedings ance, threatening law enforcement and FORWARD our constitutional protections. We’ve today on motions to suspend the rules seen Sheriff Arpaio of Maricopa Coun- (Mr. PALLONE asked and was given on which a recorded vote or the yeas ty, Arizona, despicably racially profile permission to address the House for 1 and nays are ordered, or on which the and round up Latinos in front of TV minute.) vote incurs objection under clause 6 of cameras as he enforced his 287(g) pow- Mr. PALLONE. Mr. Speaker, I just rule XX. ers. We’ve watched in horror as he and want to say how proud I am of the fact Record votes on postponed questions others who are a disgrace to the uni- that both in the House and the Senate will be taken later. forms they wear detain people based we are now moving towards health care f solely upon the color of their skin. reform. The committees of jurisdiction RYAN WHITE HIV/AIDS TREAT- Arpaio is now, thankfully, under in- have moved bills. The bills are now MENT EXTENSION ACT OF 2009 vestigation for civil rights violations being prepared for a floor vote in both for his discriminatory, unconstitu- the House and the Senate. Mr. PALLONE. Mr. Speaker, I move tional searches and seizures. Neverthe- It is so important to my constituents to suspend the rules and pass the Sen- less, I’m sad to announce that last Fri- and to every American that we have af- ate bill (S. 1793) to amend title XXVI of day afternoon, ICE announced 287(g) fordable health insurance. The number the Public Health Service Act to revise agreements with 67 State and local law of people without insurance continues and extend the program for providing enforcement agencies across the coun- to grow. The statistics about increased life-saving care for those with HIV/ ty. 287(g) scares victims and witnesses costs for health care and insurance AIDS. of crimes to avoid contacting police for next year continue to go up. We need The Clerk read the title of the bill. fear of being mistreated. 287 invites ex- to accomplish the goal of providing af- The text of the bill is as follows: ploitation by those who know that fordable insurance for everyone, and S. 1793 they won’t be reported to police be- that’s about to be accomplished here in Be it enacted by the Senate and House of Rep- cause it combines the contradictory the Congress—both in the House and resentatives of the United States of America in duties into the same police force. the Senate. Congress assembled, What’s the result? A sweep of terror I think we can move forward with SECTION 1. SHORT TITLE; REFERENCES. that’s frightened legal and undocu- these bills in the next few weeks and (a) SHORT TITLE.—This Act may be cited as mented immigrants into hiding, under- then go to conference and have a bill the ‘‘Ryan White HIV/AIDS Treatment Ex- mining law enforcement efforts across on the President’s desk by the end of tension Act of 2009’’. this year, which was the goal of Presi- (b) REFERENCES.—Except as otherwise our country. 287(g) programs under- specified, whenever in this Act an amend- mine the spirit and the text of the Con- dent Obama since the beginning. So we should be very proud of the ment is expressed in terms of an amendment stitution, and I encourage Congress to to a section or other provision, the reference repeal 287(g). fact that we are moving forward and shall be considered to be made to a section that this is something that finally will f or other provision of the Public Health Serv- be accomplished for the American peo- ice Act (42 U.S.C. 201 et seq.). b 1030 ple. SEC. 2. REAUTHORIZATION OF HIV HEALTH CARE HEALTH CARE AND SMALL f SERVICES PROGRAM. (a) ELIMINATION OF SUNSET PROVISION.— BUSINESS GOVERNMENT TAKEOVER OF (1) IN GENERAL.—The Ryan White HIV/ (Mr. GUTHRIE asked and was given HEALTH CARE AIDS Treatment Modernization Act of 2006 permission to address the House for 1 (Ms. FOXX asked and was given per- (Public Law 109–415; 120 Stat. 2767) is amend- minute and to revise and extend his re- mission to address the House for 1 ed by striking section 703. marks.) minute.) (2) EFFECTIVE DATE.—Paragraph (1) shall take effect as if enacted on September 30, Mr. GUTHRIE. Mr. Speaker, we can Ms. FOXX. Mr. Speaker, contrary to 2009. all agree that health care needs to be what my colleagues from across the (3) CONTINGENCY PROVISIONS.—Notwith- made more affordable and accessible. aisle have said, Republicans do have standing section 703 of the Ryan White HIV/ However, under the proposed House commonsense plans for reforming AIDS Treatment Modernization Act of 2006 bill, those who are working to get our health care. They’re different from the (Public Law 109–415; 120 Stat. 2767) and sec- economy back on track will be bur- Democrat plan for a government take- tion 139 of the Continuing Appropriations dened with financing the government over of health care, which will be an Resolution, 2010— takeover of health care. economic burden that will fall squarely (A) the provisions of title XXVI of the Pub- lic Health Service Act (42 U.S.C. 300ff et Some in Congress want to enact a on the backs of small business owners seq.), as in effect on September 30, 2009, are $544 billion surtax to help pay for the and their workers. hereby revived; and legislation. However, according to the At a time when Americans are cut- (B) the amendments made by this Act to data from the IRS, more than half of ting back and making sacrifices, they title XXVI of the Public Health Service Act

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.008 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11524 CONGRESSIONAL RECORD — HOUSE October 21, 2009 (42 U.S.C. 300ff et seq.) shall apply to such ‘‘(vii) For fiscal year 2013, $71,012,000.’’; SEC. 3. EXTENDED EXEMPTION PERIOD FOR title as so revived and shall take effect as if (iv) in subparagraph (D), by striking NAMES-BASED REPORTING. enacted on September 30, 2009. ‘‘$18,500,000’’ and all that follows through the (a) PART A GRANTS.—Section 2603(a)(3) (42 (b) PART A GRANTS.—Section 2610(a) (42 period and inserting the following: ‘‘the fol- U.S.C. 300ff–13(a)(3)) is amended— U.S.C. 300ff–20(a)) is amended by striking lowing, as applicable: (1) in subparagraph (C)— ‘‘and $649,500,000 for fiscal year 2009’’ and in- ‘‘(i) For fiscal year 2010, $20,448,000. (A) in clause (ii)— serting ‘‘$649,500,000 for fiscal year 2009, ‘‘(ii) For fiscal year 2011, $21,470,000. (i) in the matter preceding subclause (I), by $681,975,000 for fiscal year 2010, $716,074,000 for ‘‘(iii) For fiscal year 2012, $22,543,000. striking ‘‘2009’’ and inserting ‘‘2012’’; and fiscal year 2011, $751,877,000 for fiscal year ‘‘(iv) For fiscal year 2013, $23,671,000.’’; and (ii) in subclause (II), by striking ‘‘or 2009’’ 2012, and $789,471,000 for fiscal year 2013’’. (v) in subparagraph (E), by striking and inserting ‘‘or a subsequent fiscal year (c) PART B GRANTS.—Section 2623(a) (42 ‘‘$8,500,000’’ and all that follows through the through fiscal year 2012’’; U.S.C. 300ff–32(a)) is amended by striking period and inserting the following: ‘‘the fol- (B) in clause (iv), by striking ‘‘2010’’ and in- ‘‘and $1,285,200,000 for fiscal year 2009’’ and lowing, as applicable: serting ‘‘2012’’; inserting ‘‘$1,285,200,000 for fiscal year 2009, ‘‘(i) For fiscal year 2010, $8,763,000. (C) in clause (v), by inserting ‘‘or a subse- $1,349,460,000 for fiscal year 2010, $1,416,933,000 ‘‘(ii) For fiscal year 2011, $9,201,000. quent fiscal year’’ after ‘‘2009’’; for fiscal year 2011, $1,487,780,000 for fiscal ‘‘(iii) For fiscal year 2012, $9,662,000. (D) in clause (vi)(II), by inserting after ‘‘5 year 2012, and $1,562,169,000 for fiscal year ‘‘(iv) For fiscal year 2013, $10,144,000.’’; and percent’’ the following: ‘‘for fiscal years be- fore fiscal year 2012 (and 6 percent for fiscal 2013’’. (C) by adding at the end the following: (d) PART C GRANTS.—Section 2655 (42 U.S.C. year 2012)’’; 300ff–55) is amended by striking ‘‘and ‘‘(d) SYNCHRONIZATION OF MINORITY AIDS (E) in clause (ix)(II)— $235,100,000 for fiscal year 2009’’ and inserting INITIATIVE.—For fiscal year 2010 and each (i) by striking ‘‘2010’’ and inserting ‘‘2013’’; ‘‘$235,100,000 for fiscal year 2009, $246,855,000 subsequent fiscal year, the Secretary shall and for fiscal year 2010, $259,198,000 for fiscal year incorporate and synchronize the schedule of (ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; 2011, $272,158,000 for fiscal year 2012, and application submissions and funding avail- and $285,766,000 for fiscal year 2013’’. ability under this section with the schedule (F) by adding at the end the following: (e) PART D GRANTS.—Section 2671(i) (42 of application submissions and funding avail- ‘‘(xi) FUTURE FISCAL YEARS.—For fiscal U.S.C. 300ff–71(i)) is amended by inserting be- ability under the corresponding provisions of years beginning with fiscal year 2013, deter- fore the period at the end ‘‘, $75,390,000 for this title XXVI as follows: minations under this paragraph shall be fiscal year 2010, $79,160,000 for fiscal year ‘‘(1) The schedule for carrying out sub- based only on living names-based cases of 2011, $83,117,000 for fiscal year 2012, and section (b)(1)(A) shall be the same as the HIV/AIDS with respect to the area in- $87,273,000 for fiscal year 2013’’. schedule applicable to emergency assistance volved.’’; and (f) DEMONSTRATION AND TRAINING GRANTS under part A. (2) in subparagraph (D)— UNDER PART F.— ‘‘(2) The schedule for carrying out sub- (A) in clause (i)— (1) HIV/AIDS COMMUNITIES, SCHOOLS, AND section (b)(1)(B) shall be the same as the (i) in the matter preceding subclause (I), by CENTERS.—Section 2692(c) (42 U.S.C. 300ff– schedule applicable to care grants under part striking ‘‘2009’’ and inserting ‘‘2012’’; and 111(c)) is amended— B. (ii) in subclause (II), by striking ‘‘and 2009’’ (A) in paragraph (1)— ‘‘(3) The schedule for carrying out sub- and inserting ‘‘through 2012’’; and (i) by striking ‘‘is authorized’’ and insert- section (b)(1)(C) shall be the same as the (B) in clause (ii), by striking ‘‘2009’’ and in- ing ‘‘are authorized’’; and schedule applicable to grants for early inter- serting ‘‘2012’’. (ii) by inserting before the period at the vention services under part C. (b) PART B GRANTS.—Section 2618(a)(2) (42 end ‘‘, $36,535,000 for fiscal year 2010, ‘‘(4) The schedule for carrying out sub- U.S.C. 300ff–28(a)(2)) is amended— $38,257,000 for fiscal year 2011, $40,170,000 for section (b)(1)(D) shall be the same as the (1) in subparagraph (D)— fiscal year 2012, and $42,178,000 for fiscal year schedule applicable to grants for services (A) in clause (ii)— 2013’’ ; and through projects for HIV-related care under (i) in the matter preceding subclause (I), by (B) in paragraph (2)— part D. striking ‘‘2009’’ and inserting ‘‘2012’’; and (i) by striking ‘‘is authorized’’ and insert- ‘‘(5) The schedule for carrying out sub- (ii) in subclause (II), by striking ‘‘or 2009’’ ing ‘‘are authorized’’; and section (b)(1)(E) shall be the same as the and inserting ‘‘or a subsequent fiscal year (ii) by inserting before the period at the schedule applicable to grants and contracts through fiscal year 2012’’; end ‘‘, $13,650,000 for fiscal year 2010, for activities through education and training (B) in clause (iv), by striking ‘‘2010’’ and in- $14,333,000 for fiscal year 2011, $15,049,000 for centers under section 2692.’’. serting ‘‘2012’’; fiscal year 2012, and $15,802,000 for fiscal year (3) HHS REPORT.—Not later than 6 months (C) in clause (v), by inserting ‘‘or a subse- 2013’’. after the publication of the Government Ac- quent fiscal year’’ after ‘‘2009’’; (2) MINORITY AIDS INITIATIVE.—Section 2693 countability Office Report on the Minority (D) in clause (vi)(II), by inserting after ‘‘5 (42 U.S.C. 300ff–121) is amended— Aids Initiative described in section 2686, the percent’’ the following: ‘‘for fiscal years be- (A) in subsection (a), by striking ‘‘and Secretary of Health and Human Services fore fiscal year 2012 (and 6 percent for fiscal $139,100,000 for fiscal year 2009.’’ and insert- shall submit to the appropriate committees year 2012)’’; ing ‘‘$139,100,000 for fiscal year 2009, of Congress a Departmental plan for using (E) in clause (viii)(II)— $146,055,000 for fiscal year 2010, $153,358,000 for funding under section 2693 of the Public (i) by striking ‘‘2010’’ and inserting ‘‘2013’’; fiscal year 2011, $161,026,000 for fiscal year Health Service Act (42 U.S.C. 300ff–93) in all and 2012, and $169,077,000 for fiscal year 2013. The relevant agencies to build capacity, taking (ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; Secretary shall develop a formula for the into consideration the best practices in- and awarding of grants under subsections cluded in such Report. (F) by adding at the end the following: (b)(1)(A) and (b)(1)(B) that ensures that fund- (g) GAO REPORT.—Section 2686 (42 U.S.C. ‘‘(x) FUTURE FISCAL YEARS.—For fiscal ing is provided based on the distribution of 300ff–86) is amended to read as follows: years beginning with fiscal year 2013, deter- populations disproportionately impacted by minations under this paragraph shall be HIV/AIDS.’’; ‘‘SEC. 2686. GAO REPORT. based only on living names-based cases of (B) in subsection (b)(2)— ‘‘The Comptroller General of the Govern- HIV/AIDS with respect to the State in- (i) in subparagraph (A)— ment Accountability Office shall, not less volved.’’; and (I) in the matter preceding clause (i), by than 1 year after the date of enactment of (2) in subparagraph (E), by striking ‘‘2009’’ striking ‘‘competitive,’’; and the Ryan White HIV/AIDS Treatment Exten- each place it appears and inserting ‘‘2012’’. (II) by adding at the end the following: sion Act of 2009, submit to the appropriate SEC. 4. EXTENSION OF TRANSITIONAL GRANT ‘‘(iv) For fiscal year 2010, $46,738,000. committees of Congress a report describing AREA STATUS. ‘‘(v) For fiscal year 2011, $49,075,000. Minority AIDS Initiative activities across (a) ELIGIBILITY.—Section 2609 (42 U.S.C. ‘‘(vi) For fiscal year 2012, $51,528,000. the Department of Health and Human Serv- 300ff–19) is amended— ‘‘(vii) For fiscal year 2013, $54,105,000.’’; ices, including programs under this title and (1) in subsection (c)(1)— (ii) in subparagraph (B)— programs at the Centers for Disease Control (A) in the heading, by striking ‘‘2007’’ and (I) in the matter preceding clause (i), by and Prevention, the Substance Abuse and inserting ‘‘2011’’; and striking ‘‘competitive’’; and Mental Health Services Administration, and (B) by striking ‘‘2007’’ each place it appears (II) by adding at the end the following: other departmental agencies. Such report and inserting ‘‘2011’’; and ‘‘(iv) For fiscal year 2010, $8,763,000. shall include a history of program activities (C) by striking ‘‘2006’’ and inserting ‘‘2010’’; ‘‘(v) For fiscal year 2011, $9,202,000. within each relevant agency and a descrip- (2) in subsection (c)(2)— ‘‘(vi) For fiscal year 2012, $9,662,000. tion of activities conducted, people served (A) in subparagraph (A)(ii), by striking ‘‘to ‘‘(vii) For fiscal year 2013, $10,145,000.’’; and types of grantees funded, and shall col- have a’’ and inserting ‘‘subject to subpara- (iii) in subparagraph (C), by adding at the lect and describe best practices in commu- graphs (B) and (C), to have a’’; end the following: nity outreach and capacity-building of com- (B) by redesignating subparagraph (B) as ‘‘(iv) For fiscal year 2010, $61,343,000. munity based organizations serving the com- subparagraph (C); ‘‘(v) For fiscal year 2011, $64,410,000. munities that are disproportionately af- (C) by inserting after subparagraph (A) the ‘‘(vi) For fiscal year 2012, $67,631,000. fected by HIV/AIDS.’’. following:

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‘‘(B) PERMITTING MARGIN OF ERROR APPLICA- (B) by striking ‘‘2006’’ and inserting ‘‘2009’’; AIDS who do not know their HIV status and BLE TO CERTAIN METROPOLITAN AREAS.—In ap- (2) by striking clause (ii) and redesignating making them aware of such status counting plying subparagraph (A)(ii) for a fiscal year clause (iii) as clause (ii); one-third. In making such determination, after fiscal year 2008, in the case of a metro- (3) in clause (ii), as so redesignated— the Secretary shall consider— politan area that has a cumulative total of (A) in the heading, by striking ‘‘2008 AND ‘‘(i) the number of individuals who have at least 1,400 (and fewer than 1,500) living 2009’’ and inserting ‘‘2011 AND 2012’’; been tested for HIV/AIDS; cases of AIDS as of December 31 of the most (B) by striking ‘‘2008 and 2009’’ and insert- ‘‘(ii) of those individuals described in recent calendar year for which such data is ing ‘‘2011 and 2012’’; and clause (i), the number of individuals who available, such area shall be treated as hav- (C) by striking ‘‘2007’’ and inserting ‘‘2010’’; tested for HIV/AIDS who are made aware of ing met the criteria of such subparagraph if (4) by inserting after clause (ii), as so re- their status, including the number who test not more than 5 percent of the total from designated, the following new clause: positive; and grants awarded to such area under this part ‘‘(iii) FISCAL YEAR 2013.—For fiscal year ‘‘(iii) of those individuals described in is unobligated as of the end of the most re- 2013, the Secretary shall ensure that the clause (ii), the number who have been re- cent fiscal year for which such data is avail- total for a State of the grant pursuant to ferred to appropriate treatment and care.’’. able.’’; and paragraph (1) and the grant pursuant to sub- (c) APPLICATION.—Section 2605(b)(1) (42 (D) in subparagraph (C), as so redesignated, paragraph (F) is not less than 92.5 percent of U.S.C. 300ff–15(b)(1)) is amended by inserting by striking ‘‘Subparagraph (A) does not such total for the State for fiscal year 2012.’’; ‘‘, including the identification of individuals apply’’ and inserting ‘‘Subparagraphs (A) and and with HIV/AIDS as described in clauses (i) (B) do not apply’’; and (5) in clause (v), by striking ‘‘2009’’ and in- through (iii) of section 2603(b)(2)(A)’’ before (3) in subsection (d)(1)(B), strike ‘‘2009’’ and serting ‘‘2013’’. the semicolon at the end. insert ‘‘2013’’. (c) TECHNICAL CORRECTIONS.—Title XXVI (42 U.S.C. 300ff–11 et seq.) is amended— SEC. 7. INCREASE IN ADJUSTMENT FOR NAMES- (b) TRANSFER OF AMOUNTS DUE TO CHANGE BASED REPORTING. (1) in subparagraphs (A)(i) and (H) of sec- IN STATUS AS TRANSITIONAL AREA.—Subpara- tion 2618(a)(2), by striking the term ‘‘sub- (a) PART A GRANTS.— graph (B) of section 2610(c)(2) (42 U.S.C. 300ff– (1) FORMULA GRANTS.—Section 20(c)(2)) is amended— paragraph (G)’’ each place it appears and in- serting ‘‘subparagraph (F)’’; 2603(a)(3)(C)(vi) (42 U.S.C. 300ff–13(a)(3)(C)(vi)) (1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) is amended by adding at the end the fol- subject to clause (ii),’’; (2) in sections 2620(a)(2), 2622(c)(1), and 2622(c)(4)(A), by striking ‘‘2618(a)(2)(G)(i)’’ lowing: (2) by striking the period at the end and in- and inserting ‘‘2618(a)(2)(F)(i)’’; ‘‘(III) INCREASED ADJUSTMENT FOR CERTAIN serting ‘‘; and’’; and (3) in sections 2622(a) and 2623(b)(2)(A), by AREAS PREVIOUSLY USING CODE-BASED REPORT- (3) by adding at the end the following: striking ‘‘2618(a)(2)(G)’’ and inserting ING.—For purposes of this subparagraph for ‘‘(ii) for each of fiscal years 2010 through ‘‘2618(a)(2)(F)’’; and each of fiscal years 2010 through 2012, the 2013, notwithstanding subsection (a)— (4) in section 2622(b), by striking Secretary shall deem the applicable number ‘‘(I) there shall be transferred to the State ‘‘2618(a)(2)(G)(ii)’’ and inserting of living cases of HIV/AIDS in an area that containing the metropolitan area, for pur- ‘‘2618(a)(2)(F)(ii)’’. were reported to and confirmed by the Cen- poses described in section 2612(a), an amount ters for Disease Control and Prevention to be (which shall not be taken into account in ap- SEC. 6. AMENDMENTS TO THE GENERAL GRANT PROVISIONS. 3 percent higher than the actual number if— plying section 2618(a)(2)(H)) equal to— (a) ADMINISTRATION AND PLANNING COUN- ‘‘(aa) for fiscal year 2007, such area was a ‘‘(aa) for the first fiscal year of the metro- CIL.—Section 2602(b)(4) (42 U.S.C. 300ff– transitional area; politan area not being a transitional area, 75 12(b)(4)) is amended— ‘‘(bb) fiscal year 2007 was the first year in percent of the amount described in subpara- (1) in subparagraph (A), by inserting ‘‘, as which the count of living non-AIDS cases of graph (A)(i) for such area; well as the size and demographics of the esti- HIV in such area, for purposes of this sec- ‘‘(bb) for the second fiscal year of the met- mated population of individuals with HIV/ tion, was based on a names-based reporting ropolitan area not being a transitional area, AIDS who are unaware of their HIV status’’ system; and 50 percent of such amount; and after ‘‘HIV/AIDS’’; ‘‘(cc) the amount of funding that such area ‘‘(cc) for the third fiscal year of the metro- (2) in subparagraph (B)— received under this part for fiscal year 2007 politan area not being a transitional area, 25 (A) in clause (i), by striking ‘‘and’’ at the was less than 70 percent of the amount of percent of such amount; and end after the semicolon; funding (exclusive of funds that were identi- ‘‘(II) there shall be transferred and made (B) in clause (ii), by inserting ‘‘and’’ after fied as being for purposes of the Minority available for grants pursuant to section the semicolon; and AIDS Initiative) that such area received 2618(a)(1) for the fiscal year, in addition to (C) by adding at the end the following: under such part for fiscal year 2006.’’. amounts available for such grants under sec- ‘‘(iii) individuals with HIV/AIDS who do (2) SUPPLEMENTAL GRANTS.—Section tion 2623, an amount equal to the total not know their HIV status;’’; and 2603(b)(2) (42 U.S.C. 300ff–13(b)(2)) is amended amount of the reduction for such fiscal year (3) in subparagraph (D)— by adding at the end the following: under subparagraph (A), less the amount (A) in clause (ii), by striking ‘‘and’’ at the ‘‘(D) INCREASED ADJUSTMENT FOR CERTAIN transferred for such fiscal year under sub- end after the semicolon; AREAS PREVIOUSLY USING CODE-BASED REPORT- clause (I).’’. (B) in clause (iii), by inserting ‘‘and’’ after ING.—For purposes of this subsection for SEC. 5. HOLD HARMLESS. the semicolon; and each of fiscal years 2010 through 2012, the (a) PART A GRANTS.—Section 2603(a)(4) (42 (C) by adding at the end the following: Secretary shall deem the applicable number U.S.C. 300ff–13(a)(4)) is amended— ‘‘(iv) includes a strategy, coordinated as of living cases of HIV/AIDS in an area that (1) in the matter preceding clause (i) in appropriate with other community strate- were reported to and confirmed by the Cen- subparagraph (A)— gies and efforts, including discrete goals, a ters for Disease Control and Prevention to be (A) by striking ‘‘2006’’ and inserting ‘‘2009’’; timetable, and appropriate funding, for iden- 3 percent higher than the actual number if and tifying individuals with HIV/AIDS who do the conditions described in items (aa) (B) by striking ‘‘2007 through 2009’’ and in- not know their HIV status, making such in- through (cc) of subsection (a)(3)(C)(vi)(III) serting ‘‘2010 through 2013’’; dividuals aware of such status, and enabling are all satisfied.’’. (2) by striking clauses (i) and (ii) in sub- such individuals to use the health and sup- (b) PART B GRANTS.—Section paragraph (A) and inserting the following: port services described in section 2604, with 2618(a)(2)(D)(vi) (42 U.S.C. 300ff– ‘‘(i) For fiscal year 2010, an amount equal particular attention to reducing barriers to 28(a)(2)(D)(vi)) is amended by adding at the to 95 percent of the sum of the amount of the routine testing and disparities in access and end the following: grant made pursuant to paragraph (3) and services among affected subpopulations and ‘‘(III) INCREASED ADJUSTMENT FOR CERTAIN this paragraph for fiscal year 2009. historically underserved communities;’’. STATES PREVIOUSLY USING CODE-BASED RE- ‘‘(ii) For each of the fiscal years 2011 and (b) TYPE AND DISTRIBUTION OF GRANTS.— PORTING.—For purposes of this subparagraph 2012, an amount equal to 100 percent of the Section 2603(b) (42 U.S.C. 300ff–13(b)) is for each of fiscal years 2010 through 2012, the amount of the grant made pursuant to para- amended— Secretary shall deem the applicable number graph (3) and this paragraph for fiscal year (1) in paragraph (1)— of living cases of HIV/AIDS in a State that 2010. (A) in subparagraph (G), by striking ‘‘and’’ were reported to and confirmed by the Cen- ‘‘(iii) For fiscal year 2013, an amount equal at the end after the semicolon; ters for Disease Control and Prevention to be to 92.5 percent of the amount of the grant (B) in subparagraph (H), by striking the pe- 3 percent higher than the actual number if— made pursuant to paragraph (3) and this riod at the end and inserting ‘‘; and’’; and ‘‘(aa) there is an area in such State that paragraph for fiscal year 2012.’’; and (C) by adding at the end the following: satisfies all of the conditions described in (3) in subparagraph (C), by striking ‘‘2009’’ ‘‘(I) demonstrates success in identifying in- items (aa) through (cc) of section and inserting ‘‘2013’’. dividuals with HIV/AIDS as described in 2603(a)(3)(C)(vi)(III); or (b) PART B GRANTS.—Section 2618(a)(2)(H) clauses (i) through (iii) of paragraph (2)(A).’’; ‘‘(bb)(AA) fiscal year 2007 was the first year (42 U.S.C. 300ff–28(a)(2)(H)) is amended— and in which the count of living non-AIDS cases (1) in clause (i)(I)— (2) in paragraph (2)(A), by striking the pe- of HIV in such area, for purposes of this part, (A) by striking ‘‘2007’’ and inserting ‘‘2010’’; riod and inserting: ‘‘, and demonstrated suc- was based on a names-based reporting sys- and cess in identifying individuals with HIV/ tem; and

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.003 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11526 CONGRESSIONAL RECORD — HOUSE October 21, 2009 ‘‘(BB) the amount of funding that such (D) in section 2620(a)(2) (42 U.S.C. 300ff– other sources (including under titles XVIII, State received under this part for fiscal year 29a(a)(2)), by striking ‘‘canceled’’ and insert- XIX, and XXI of the Social Security Act).’’. 2007 was less than 70 percent of the amount ing ‘‘canceled, offset under section 2622(e),’’. (b) PROVISION OF CARE THROUGH MEMO- of funding that such State received under (c) CONSIDERATION OF WAIVER AMOUNTS IN RANDUM OF UNDERSTANDING.—Section 2671(a) such part for fiscal year 2006.’’. DETERMINING UNOBLIGATED BALANCES.— (42 U.S.C. 300ff–71(a)) is amended by striking SEC. 8. TREATMENT OF UNOBLIGATED FUNDS. (1) PART A GRANTS.—Section ‘‘(directly or through contracts)’’ and insert- (a) ELIGIBILITY FOR SUPPLEMENTAL 2603(c)(3)(D)(i)(I) (42 U.S.C. 300ff– ing ‘‘(directly or through contracts or memo- GRANTS.—Title XXVI (42 U.S.C. 300ff–11 et 14(c)(3)(D)(i)(I)) is amended by inserting after randa of understanding)’’. seq.) is amended— ‘‘unobligated balance’’ the following: ‘‘(less SEC. 12. NATIONAL HIV/AIDS TESTING GOAL. (1) in section 2603(b)(1)(H) (42 U.S.C. 300ff– any amount of such balance that is the sub- Part E of title XXVI (42 U.S.C. 300ff–81 et 13(b)(1)(H)), by striking ‘‘2 percent’’ and in- ject of a waiver of cancellation under sub- seq.) is amended— serting ‘‘5 percent’’; and paragraph (A))’’. (1) by redesignating section 2688 as section (2) in section 2620(a)(2) (42 U.S.C. 300ff– (2) PART B GRANTS.—Section 2622(c)(4)(A)(i) 2689; and 29a(a)(2)), by striking ‘‘2 percent’’ and insert- (42 U.S.C. 300ff—31a(c)(4)(A)(i)) is amended by (2) by inserting after section 2687 the fol- ing ‘‘5 percent’’. inserting after ‘‘unobligated balance’’ the lowing: (b) CORRESPONDING REDUCTION IN FUTURE following: ‘‘(less any amount of such balance ‘‘SEC. 2688. NATIONAL HIV/AIDS TESTING GOAL. GRANT.— that is the subject of a waiver of cancella- ‘‘(a) IN GENERAL.—Not later than January (1) IN GENERAL.—Title XXVI (42 U.S.C. tion under paragraph (1))’’. 1, 2010, the Secretary shall establish a na- 300ff–11 et seq.) is amended— SEC. 9. APPLICATIONS BY STATES. tional HIV/AIDS testing goal of 5,000,000 (A) in section 2603(c)(3)(D)(i)(42 U.S.C. Section 2617(b) (42 U.S.C. Section 300ff– tests for HIV/AIDS annually through feder- 300ff–13(c)(3)(D)(i)), in the matter following 27(b)) is amended— ally-supported HIV/AIDS prevention, treat- subclause (II), by striking ‘‘2 percent’’ and (1) in paragraph (6), by striking ‘‘and’’ at ment, and care programs, including pro- inserting ‘‘5 percent’’; and the end; grams under this title and other programs (B) in section 2622(c)(4)(A) (42 U.S.C. 300ff– (2) in paragraph (7), by striking the period administered by the Centers for Disease Con- trol and Prevention. 31a(c)(4)(A)), in the matter following clause at the end and inserting ‘‘; and’’; and (ii), by striking ‘‘2 percent’’ and inserting ‘‘5 ‘‘(b) ANNUAL REPORT.—Not later than Jan- (3) by adding at the end the following: uary 1, 2011, and annually thereafter, the percent’’. ‘‘(8) a comprehensive plan— (2) AUTHORITY REGARDING ADMINISTRATION Secretary, acting through the Director of ‘‘(A) containing an identification of indi- the Centers for Disease Control and Preven- OF PROVISION.—Title XXVI (42 U.S.C. 300ff–11 viduals with HIV/AIDS as described in et seq.) is amended— tion, shall submit to Congress a report de- clauses (i) through (iii) of section scribing, with regard to the preceding 12- (A) in section 2603(c) (42 U.S.C. 300ff–13(c)), 2603(b)(2)(A) and the strategy required under by adding at the end the following: month reporting period— section 2602(b)(4)(D)(iv); ‘‘(1) whether the testing goal described in ‘‘(4) AUTHORITY REGARDING ADMINISTRATION ‘‘(B) describing the estimated number of subsection (a) has been met; OF PROVISIONS.—In administering paragraphs individuals within the State with HIV/AIDS (2) and (3) with respect to the unobligated ‘‘(2) the total number of individuals tested who do not know their status; through federally-supported and other HIV/ balance of an eligible area, the Secretary ‘‘(C) describing activities undertaken by may elect to reduce the amount of future AIDS prevention, treatment, and care pro- the State to find the individuals described in grams in each State; grants to the area under subsection (a) or subparagraph (A) and to make such individ- (b), as applicable, by the amount of any such ‘‘(3) the number of individuals who— uals aware of their status; ‘‘(A) prior to such 12-month period, were unobligated balance in lieu of cancelling ‘‘(D) describing the manner in which the such amount as provided for in paragraph (2) unaware of their HIV status; and State will provide undiagnosed individuals ‘‘(B) through federally-supported and other or (3)(A). In such case, the Secretary may who are made aware of their status with ac- permit the area to use such unobligated bal- HIV/AIDS prevention, treatment, and care cess to medical treatment for their HIV/ programs, were diagnosed and referred into ance for purposes of any such future grant. AIDS; and An amount equal to such reduction shall be treatment and care during such period; ‘‘(E) describing efforts to remove legal bar- ‘‘(4) any barriers, including State laws and available for use as additional amounts for riers, including State laws and regulations, grants pursuant to subsection (b), subject to regulations, that the Secretary determines to routine testing.’’. to be a barrier to meeting the testing goal subsection (a)(4) and section 2610(d)(2). Noth- SEC. 10. ADAP REBATE FUNDS. ing in this paragraph shall be construed to described in subsection (a); (a) USE OF UNOBLIGATED FUNDS.—Section affect the authority of the Secretary under ‘‘(5) the amount of funding the Secretary 2622(d) (42 U.S.C. 300ff–31a(d)) is amended by determines necessary to meet the annual paragraphs (2) and (3), including the author- adding at the end the following: ‘‘If an ex- ity to grant waivers under paragraph (3)(A). testing goal in the following 12 months and penditure of ADAP rebate funds would trig- the amount of Federal funding expended to The reduction in future grants authorized ger a penalty under this section or a higher under this paragraph shall be notwith- meet the testing goal in the prior 12-month penalty than would otherwise have applied, period; and standing the penalty required under para- the State may request that for purposes of graph (3)(D) with respect to unobligated ‘‘(6) the most cost-effective strategies for this section, the Secretary deem the State’s identifying and diagnosing individuals who funds.’’; unobligated balance to be reduced by the (B) in section 2622 (42 U.S.C. 300ff–31a), by were unaware of their HIV status, including amount of rebate funds in the proposed ex- voluntary testing with pre-test counseling, adding at the end the following: penditure. Notwithstanding 2618(a)(2)(F), any ‘‘(e) AUTHORITY REGARDING ADMINISTRA- routine screening including opt-out testing, unobligated amount under section TION OF PROVISIONS.—In administering sub- partner counseling and referral services, and 2618(a)(2)(F)(ii)(V) that is returned to the sections (b) and (c) with respect to the unob- mass media campaigns. ligated balance of a State, the Secretary Secretary for reallocation shall be used by ‘‘(c) REVIEW OF PROGRAM EFFECTIVENESS.— may elect to reduce the amount of future the Secretary for— Not later than 1 year after the date of enact- grants to the State under section 2618, 2620, ‘‘(1) the ADAP supplemental program if ment of this section, the Secretary, in con- or 2621, as applicable, by the amount of any the Secretary determines appropriate; or sultation with the Director of the Centers such unobligated balance in lieu of cancel- ‘‘(2) for additional amounts for grants pur- for Disease Control and Prevention, shall ling such amount as provided for in sub- suant to section 2620.’’. submit a report to Congress based on a com- section (b) or (c)(1). In such case, the Sec- (b) TECHNICAL CORRECTION.—Subclause (V) prehensive review of each of the programs retary may permit the State to use such un- of section 2618(a)(2)(F)(ii) (42 U.S.C. 300ff– and activities conducted by the Centers for obligated balance for purposes of any such 28(a)(2)(F)(ii)) is amended by striking ‘‘, sub- Disease Control and Prevention as part of future grant. An amount equal to such re- ject to subclause (VI)’’. the Domestic HIV/AIDS Prevention Activi- duction shall be available for use as addi- SEC. 11. APPLICATION TO PRIMARY CARE SERV- ties, including the following: tional amounts for grants pursuant to sec- ICES. ‘‘(1) The amount of funding provided for tion 2620, subject to section 2618(a)(2)(H). (a) IN GENERAL.—Section 2671 (42 U.S.C. each program or activity. Nothing in this paragraph shall be construed 300ff–71), as amended, is amended— ‘‘(2) The primary purpose of each program to affect the authority of the Secretary (1) by redesignating subsection (i) as sub- or activity. under subsections (b) and (c), including the section (j); ‘‘(3) The annual goals for each program or authority to grant waivers under subsection (2) in subsection (g), by striking ‘‘sub- activity. (c)(1). The reduction in future grants author- section (i)’’ and inserting ‘‘subsection (j)’’; ‘‘(4) The relative effectiveness of each pro- ized under this subsection shall be notwith- and gram or activity with relation to the other standing the penalty required under sub- (3) by inserting after subsection (h) the fol- programs and activities conducted by the section (c)(4) with respect to unobligated lowing: Centers for Disease Control and Prevention, funds.’’; ‘‘(i) APPLICATION TO PRIMARY CARE SERV- based on the— (C) in section 2603(b)(1)(H) (42 U.S.C. 300ff– ICES.—Nothing in this part shall be con- ‘‘(A) number of previously undiagnosed in- 13(b)(1)(H)), by striking ‘‘canceled’’ and in- strued as requiring funds under this part to dividuals with HIV/AIDS made aware of their serting ‘‘canceled, offset under subsection be used for primary care services when pay- status and referred into the appropriate (c)(4),’’; and ments are available for such services from treatment;

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‘‘(B) amount of funding provided for each ‘‘(b) REQUIREMENT OF PROMPT NOTIFICA- the facts are insufficient to make the deter- program or activity compared to the number TION.—With respect to a determination de- mination described in such paragraph, the of undiagnosed individuals with HIV/AIDS scribed in paragraph (1) or (2) of subsection medical facility shall, in writing, inform the made aware of their status; (a), the notification required in each of such designated officer who submitted the request ‘‘(C) program’s contribution to the Na- paragraphs shall be made as soon as is prac- under subsection (c) of the insufficiency of tional HIV/AIDS testing goal; and ticable, but not later than 48 hours after the the facts. ‘‘(D) progress made toward the goals de- determination is made. ‘‘(B)(i) If a medical facility finds in making scribed in paragraph (3). ‘‘SEC. 2695B. REQUEST FOR NOTIFICATION WITH a determination under paragraph (1) that the ‘‘(5) Recommendations if any to Congress RESPECT TO VICTIMS ASSISTED. facility possesses no information on whether on ways to allocate funding for domestic ‘‘(a) INITIATION OF PROCESS BY EMPLOYEE.— the victim involved has an infectious disease HIV/AIDS prevention activities and pro- If an emergency response employee believes included on the list under section 2695(a), the grams in order to achieve the National HIV/ that the employee may have been exposed to medical facility shall, in writing, inform the AIDS testing goal. an infectious disease by a victim of an emer- designated officer who submitted the request ‘‘(d) COORDINATION WITH OTHER FEDERAL gency who was transported to a medical fa- under subsection (c) of the insufficiency of ACTIVITIES.—In pursuing the National HIV/ cility as a result of the emergency, and if the such medical information. AIDS testing goal, the Secretary, where ap- employee attended, treated, assisted, or ‘‘(ii) If after making a response under propriate, shall consider and coordinate with transported the victim pursuant to the emer- clause (i) a medical facility determines that other national strategies conducted by the gency, then the designated officer of the em- the victim involved has an infectious dis- Federal Government to address HIV/AIDS.’’. ployee shall, upon the request of the em- ease, the medical facility shall make the de- ployee, carry out the duties described in sub- SEC. 13. NOTIFICATION OF POSSIBLE EXPOSURE termination described in paragraph (1) and TO INFECTIOUS DISEASES. section (b) regarding a determination of provide the applicable response specified in Title XXVI (42 U.S.C. 300ff–11 et seq.) is whether the employee may have been ex- this subsection. posed to an infectious disease by the victim. amended by adding at the end the following: ‘‘(b) INITIAL DETERMINATION BY DESIGNATED ‘‘(e) TIME FOR MAKING RESPONSE.—After re- ‘‘PART G—NOTIFICATION OF POSSIBLE OFFICER.—The duties referred to in sub- ceiving a request under subsection (c) (in- EXPOSURE TO INFECTIOUS DISEASES section (a) are that— cluding any such request resubmitted under ‘‘SEC. 2695. INFECTIOUS DISEASES AND CIR- ‘‘(1) the designated officer involved collect subsection (g)(2)), a medical facility shall CUMSTANCES RELEVANT TO NOTIFI- the facts relating to the circumstances under make the applicable response specified in CATION REQUIREMENTS. which, for purposes of subsection (a), the em- subsection (d) as soon as is practicable, but ‘‘(a) IN GENERAL.—Not later than 180 days ployee involved may have been exposed to an not later than 48 hours after receiving the after the date of the enactment of this part, infectious disease; and request. the Secretary shall complete the develop- ‘‘(2) the designated officer evaluate such ‘‘(f) DEATH OF VICTIM OF EMERGENCY.— ment of— facts and make a determination of whether, ‘‘(1) FACILITY ASCERTAINING CAUSE OF ‘‘(1) a list of potentially life-threatening if the victim involved had any infectious dis- DEATH.—If a victim described in subsection infectious diseases, including emerging in- ease included on the list issued under para- (a) dies at or before reaching the medical fa- fectious diseases, to which emergency re- graph (1) of section 2695(a), the employee cility involved, and the medical facility re- sponse employees may be exposed in re- would have been exposed to the disease under ceives a request under subsection (c), the sponding to emergencies; such facts, as indicated by the guidelines medical facility shall provide a copy of the ‘‘(2) guidelines describing the cir- issued under paragraph (2) of such section. request to the medical facility ascertaining cumstances in which such employees may be ‘‘(c) SUBMISSION OF REQUEST TO MEDICAL the cause of death of the victim, if such fa- exposed to such diseases, taking into ac- FACILITY.— cility is a different medical facility than the count the conditions under which emergency ‘‘(1) IN GENERAL.—If a designated officer facility that received the original request. response is provided; and makes a determination under subsection ‘‘(2) RESPONSIBILITY OF FACILITY.—Upon the ‘‘(3) guidelines describing the manner in (b)(2) that an emergency response employee receipt of a copy of a request for purposes of which medical facilities should make deter- may have been exposed to an infectious dis- paragraph (1), the duties otherwise estab- minations for purposes of section 2695B(d). ease, the designated officer shall submit to lished in this part regarding medical facili- ‘‘(b) SPECIFICATION OF AIRBORNE INFECTIOUS the medical facility to which the victim in- ties shall apply to the medical facility DISEASES.—The list developed by the Sec- volved was transported a request for a re- ascertaining the cause of death of the victim retary under subsection (a)(1) shall include a sponse under subsection (d) regarding the in the same manner and to the same extent specification of those infectious diseases on victim of the emergency involved. as such duties apply to the medical facility the list that are routinely transmitted ‘‘(2) FORM OF REQUEST.—A request under originally receiving the request. through airborne or aerosolized means. paragraph (1) shall be in writing and be ‘‘(c) DISSEMINATION.—The Secretary shall— signed by the designated officer involved, ‘‘(g) ASSISTANCE OF PUBLIC HEALTH OFFI- ‘‘(1) transmit to State public health offi- and shall contain a statement of the facts CER.— cers copies of the list and guidelines devel- collected pursuant to subsection (b)(1). ‘‘(1) EVALUATION OF RESPONSE OF MEDICAL oped by the Secretary under subsection (a) ‘‘(d) EVALUATION AND RESPONSE REGARDING FACILITY REGARDING INSUFFICIENT FACTS.— with the request that the officers dissemi- REQUEST TO MEDICAL FACILITY.— ‘‘(A) In the case of a request under sub- nate such copies as appropriate throughout ‘‘(1) IN GENERAL.—If a medical facility re- section (c) to which a medical facility has the States; and ceives a request under subsection (c), the made the response specified in subsection ‘‘(2) make such copies available to the pub- medical facility shall evaluate the facts sub- (d)(4)(A) regarding the insufficiency of facts, lic. mitted in the request and make a determina- the public health officer for the community ‘‘SEC. 2695A. ROUTINE NOTIFICATIONS WITH RE- tion of whether, on the basis of the medical in which the medical facility is located shall SPECT TO AIRBORNE INFECTIOUS information possessed by the facility regard- evaluate the request and the response, if the DISEASES IN VICTIMS ASSISTED. ing the victim involved, the emergency re- designated officer involved submits such doc- ‘‘(a) ROUTINE NOTIFICATION OF DESIGNATED sponse employee was exposed to an infec- uments to the officer with the request that OFFICER.— tious disease included on the list issued the officer make such an evaluation. ‘‘(1) DETERMINATION BY TREATING FACIL- under paragraph (1) of section 2695(a), as in- ‘‘(B) As soon as is practicable after a public ITY.—If a victim of an emergency is trans- dicated by the guidelines issued under para- health officer receives a request under sub- ported by emergency response employees to graph (2) of such section. paragraph (A), but not later than 48 hours a medical facility and the medical facility ‘‘(2) NOTIFICATION OF EXPOSURE.—If a med- after receipt of the request, the public health makes a determination that the victim has ical facility makes a determination under officer shall complete the evaluation re- an airborne infectious disease, the medical paragraph (1) that the emergency response quired in such paragraph and inform the des- facility shall notify the designated officer of employee involved has been exposed to an in- ignated officer of the results of the evalua- the emergency response employees who fectious disease, the medical facility shall, tion. transported the victim to the medical facil- in writing, notify the designated officer who ‘‘(2) FINDINGS OF EVALUATION.— ity of the determination. submitted the request under subsection (c) of ‘‘(A) If an evaluation under paragraph ‘‘(2) DETERMINATION BY FACILITY the determination. (1)(A) indicates that the facts provided to the ASCERTAINING CAUSE OF DEATH.—If a victim of ‘‘(3) FINDING OF NO EXPOSURE.—If a medical medical facility pursuant to subsection (c) an emergency is transported by emergency facility makes a determination under para- were sufficient for purposes of determina- response employees to a medical facility and graph (1) that the emergency response em- tions under subsection (d)(1)— the victim dies at or before reaching the ployee involved has not been exposed to an ‘‘(i) the public health officer shall, on be- medical facility, the medical facility infectious disease, the medical facility shall, half of the designated officer involved, resub- ascertaining the cause of death shall notify in writing, inform the designated officer who mit the request to the medical facility; and the designated officer of the emergency re- submitted the request under subsection (c) of ‘‘(ii) the medical facility shall provide to sponse employees who transported the vic- the determination. the designated officer the applicable re- tim to the initial medical facility of any de- ‘‘(4) INSUFFICIENT INFORMATION.— sponse specified in subsection (d). termination by the medical facility that the ‘‘(A) If a medical facility finds in evalu- ‘‘(B) If an evaluation under paragraph victim had an airborne infectious disease. ating facts for purposes of paragraph (1) that (1)(A) indicates that the facts provided in the

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.003 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11528 CONGRESSIONAL RECORD — HOUSE October 21, 2009 request to the medical facility were insuffi- trained in the provision of health care or in retary shall investigate alleged such viola- cient for purposes of determinations speci- the control of infectious diseases. tions and seek appropriate injunctive relief. fied in subsection (c)— ‘‘SEC. 2695F. LIMITATION WITH RESPECT TO DU- ‘‘SEC. 2695I. APPLICABILITY OF PART. ‘‘(i) the public health officer shall provide TIES OF MEDICAL FACILITIES. ‘‘This part shall not apply in a State if the advice to the designated officer regarding ‘‘The duties established in this part for a chief executive officer of the State certifies the collection and description of appropriate medical facility— to the Secretary that the law of the State is facts; and ‘‘(1) shall apply only to medical informa- substantially consistent with this part.’’. ‘‘(ii) if sufficient facts are obtained by the tion possessed by the facility during the pe- The SPEAKER pro tempore. Pursu- designated officer— riod in which the facility is treating the vic- ant to the rule, the gentleman from ‘‘(I) the public health officer shall, on be- tim for conditions arising from the emer- New Jersey (Mr. PALLONE) and the gen- half of the designated officer involved, resub- gency, or during the 60-day period beginning mit the request to the medical facility; and on the date on which the victim is trans- tleman from Tennessee (Mr. ROE) each ‘‘(II) the medical facility shall provide to ported by emergency response employees to will control 20 minutes. the designated officer the appropriate re- the facility, whichever period expires first; The Chair recognizes the gentleman sponse under subsection (c). and from New Jersey. ‘‘SEC. 2695C. PROCEDURES FOR NOTIFICATION ‘‘(2) shall not apply to any extent after the GENERAL LEAVE OF EXPOSURE. expiration of the 30-day period beginning on Mr. PALLONE. Mr. Speaker, I ask ‘‘(a) CONTENTS OF NOTIFICATION TO OFFI- the expiration of the applicable period re- unanimous consent that all Members CER.—In making a notification required ferred to in paragraph (1), except that such may have 5 legislative days in which to under section 2695A or section 2695B(d)(2), a duties shall apply with respect to any re- medical facility shall provide— quest under section 2695B(c) received by a revise and extend their remarks. ‘‘(1) the name of the infectious disease in- medical facility before the expiration of such The SPEAKER pro tempore. Is there volved; and 30-day period. objection to the request of the gen- ‘‘(2) the date on which the victim of the ‘‘SEC. 2695G. MISCELLANEOUS PROVISIONS. tleman from New Jersey? emergency involved was transported by ‘‘(a) LIABILITY OF MEDICAL FACILITIES, DES- There was no objection. emergency response employees to the med- IGNATED OFFICERS, PUBLIC HEALTH OFFICERS, Mr. PALLONE. I yield myself such ical facility involved. AND GOVERNING ENTITIES.—This part may time as I may consume. ‘‘(b) MANNER OF NOTIFICATION.—If a notifi- not be construed to authorize any cause of Mr. Speaker, I rise in strong support cation under section 2695A or section action for damages or any civil penalty of S. 1793, the Ryan White HIV/AIDS 2695B(d)(2) is mailed or otherwise indirectly against any medical facility, any designated Treatment Extension Act of 2009, as made— officer, any other public health officer, or passed by the Senate. The Energy and ‘‘(1) the medical facility sending the notifi- any governing entity of such facility or offi- cation shall, upon sending the notification, Commerce Committee has filed a re- cer for failure to comply with the duties es- port which constitutes the legislative inform the designated officer to whom the tablished in this part. notification is sent of the fact that the noti- ‘‘(b) TESTING.—This part may not, with re- history for the House version of this fication has been sent; and spect to victims of emergencies, be con- bill. The House bill is nearly identical ‘‘(2) such designated officer shall, not later strued to authorize or require a medical fa- to the bill before us today. than 10 days after being informed by the cility to test any such victim for any infec- We worked closely with our Repub- medical facility that the notification has tious disease. lican colleagues, and I would like to been sent, inform such medical facility ‘‘(c) CONFIDENTIALITY.—This part may not thank Congressmen WAXMAN, BARTON, whether the designated officer has received be construed to authorize or require any and DEAL for their hard work on this the notification. medical facility, any designated officer of issue. We also worked with our Senate ‘‘SEC. 2695D. NOTIFICATION OF EMPLOYEE. emergency response employees, or any such colleagues to come together on this ‘‘(a) IN GENERAL.—After receiving a notifi- employee, to disclose identifying informa- cation for purposes of section 2695A or tion with respect to a victim of an emer- legislation, and I am proud to say that 2695B(d)(2), a designated officer of emergency gency or with respect to an emergency re- what we have before us today is both response employees shall, to the extent prac- sponse employee. bipartisan and bicameral. ticable, immediately notify each of such em- ‘‘(d) FAILURE TO PROVIDE EMERGENCY The Ryan White CARE Act was ployees who— SERVICES.—This part may not be construed named after a young boy who con- ‘‘(1) responded to the emergency involved; to authorize any emergency response em- tracted the AIDS virus from a blood and ployee to fail to respond, or to deny services, transfusion and sadly lost his life to ‘‘(2) as indicated by guidelines developed to any victim of an emergency. this horrible disease. Since his death in by the Secretary, may have been exposed to ‘‘(e) NOTIFICATION AND REPORTING DEAD- an infectious disease. LINES.—In any case in which the Secretary 1990, we as a Nation have made great ‘‘(b) CERTAIN CONTENTS OF NOTIFICATION TO determines that, wholly or partially as a re- strides in preventing and treating HIV/ EMPLOYEE.—A notification under this sub- sult of a public health emergency that has AIDS in large part due to the Ryan section to an emergency response employee been determined pursuant to section 319(a), White program. shall inform the employee of— individuals or public or private entities are Not so long ago, an HIV/AIDS diag- ‘‘(1) the fact that the employee may have unable to comply with the requirements of nosis was a guaranteed death sentence. been exposed to an infectious disease and the this part, the Secretary may, notwith- Today, many patients are living full name of the disease involved; standing any other provision of law, tempo- and long lives due to the advancements rarily suspend, in whole or in part, the re- ‘‘(2) any action by the employee that, as in treatment and the complicated but indicated by guidelines developed by the Sec- quirements of this part as the circumstances retary, is medically appropriate; and reasonably require. Before or promptly after effective mix of drugs and therapies ‘‘(3) if medically appropriate under such such a suspension, the Secretary shall notify that are currently on the market. criteria, the date of such emergency. the Congress of such action and publish in In addition, we have made huge ‘‘(c) RESPONSES OTHER THAN NOTIFICATION the Federal Register a notice of the suspen- progress on education, awareness, and OF EXPOSURE.—After receiving a response sion. prevention. New knowledge of the dis- under paragraph (3) or (4) of subsection (d) of ‘‘(f) CONTINUED APPLICATION OF STATE AND ease has allowed for better and more section 2695B, or a response under subsection LOCAL LAW.—Nothing in this part shall be targeted prevention programs that (g)(1) of such section, the designated officer construed to limit the application of State have effectively slowed the spread of for the employee shall, to the extent prac- or local laws that require the provision of ticable, immediately inform the employee of data to public health authorities. HIV/AIDS. In spite of these advancements, how- the response. ‘‘SEC. 2695H. INJUNCTIONS REGARDING VIOLA- ‘‘SEC. 2695E. SELECTION OF DESIGNATED OFFI- TION OF PROHIBITION. ever, Mr. Speaker, there are nearly CERS. ‘‘(a) IN GENERAL.—The Secretary may, in 40,000 new HIV infections reported each ‘‘(a) IN GENERAL.—For the purposes of re- any court of competent jurisdiction, com- year, and according to the CDC, ap- ceiving notifications and responses and mak- mence a civil action for the purpose of ob- proximately 1.1 million Americans are ing requests under this part on behalf of taining temporary or permanent injunctive currently living with the disease and emergency response employees, the public relief with respect to any violation of this approximately 51,000 people in my health officer of each State shall designate 1 part. home State of New Jersey. Since the official or officer of each employer of emer- ‘‘(b) FACILITATION OF INFORMATION ON VIO- beginning of this epidemic, an esti- gency response employees in the State. LATIONS.—The Secretary shall establish an ‘‘(b) PREFERENCE IN MAKING DESIGNA- administrative process for encouraging mated 580,000 Americans with AIDS TIONS.—In making the designations required emergency response employees to provide in- have died. in subsection (a), a public health officer shall formation to the Secretary regarding viola- It is more crucial than ever given the give preference to individuals who are tions of this part. As appropriate, the Sec- high numbers of Americans suffering

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.003 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11529 from this disease that we have the all the resources they need to care for HIV/AIDS prevention, treatment, and Ryan White program. Accounting for their patients. We need to make sure care programs. roughly 19 percent of all Federal funds HIV patients and their families’ liveli- The bill also reestablishes the notifi- that are used on HIV/AIDS care, the hoods aren’t interrupted by our failure cation of possible exposure to infec- program provides treatment and sup- to act. tious disease provisions, which will port services to individuals and fami- This legislation really is a stopgap allow notification to emergency re- lies living with the AIDS virus and measure that we need to ensure that sponders of a possible communicable serves over half a million low-income nobody loses their existing services. I infectious disease. Americans. This program is without a am pleased that we haven’t hesitated Mr. Speaker, I am an original cospon- doubt extremely vital in our battle to address the most pressing funding sor of this legislation in this Congress against this epidemic. and logistical needs, especially those and was chairman 3 years ago when we The bill before us today does a num- that affect distribution of funds to pop- reauthorized it. This is a high priority ber of things. It reauthorizes the Ryan ulation centers. for the country and the committee. White program for 4 years. It increases I am looking forward to the next au- And again, I am very pleased that the authorization amounts to account thorization, when we can address all of Chairman WAXMAN and Subcommittee for the increased number of individuals the lingering improvements that are Chairman PALLONE agreed to a regular living with the HIV/AIDS diagnosis. necessary to make Ryan White HIV/ order process so that we could reau- The bill eliminates the sunset provi- AIDS programs operate in an even bet- thorize this bill in a timely fashion. sions so that never again will patients ter way for patients. As HIV research With that, Mr. Speaker, I reserve the have to fear that their services will and care evolves, we must also respond balance of my time. abruptly end. It allows States who are accordingly. I urge my colleagues to Mr. PALLONE. Mr. Speaker, I would still reporting using a code-based sys- vote in favor of the Ryan White HIV/ yield 2 minutes to our full committee tem to continue transitioning to a AIDS Treatment Extension Act. chair from California (Mr. WAXMAN), names-based system without dis- Mr. ROE of Tennessee. Mr. Speaker, I who was the original sponsor of the rupting the provision of care to pa- ask unanimous consent to yield my Ryan White Act and has been working tients, and it ensures that no area re- time to the gentleman from Texas (Mr. on this for years. ceives too much of a cut in funding BARTON) to control. Mr. WAXMAN. Mr. Speaker, swift from the previous year while also mak- The SPEAKER pro tempore. Without passage of this bill is absolutely essen- ing sure that the money does get di- objection, the gentleman from Texas is tial to the nearly half a million people rected to those areas of the country recognized. served by the Ryan White program. that are hardest hit by the HIV/AIDS There was no objection. Representatives PALLONE, DEAL, BAR- epidemic. Mr. BARTON of Texas. Mr. Speaker, TON, and I worked with the Senate in a This is a strong bill, Mr. Speaker, I thank the gentleman from Tennessee bipartisan and bicameral fashion to de- that will ensure continued health care for his leadership on this issue until I velop the bill before us today. We services for millions of Americans who could arrive on the floor. didn’t see eye-to-eye on everything, depend on them with their lives. And I Mr. Speaker, I rise in support of the but we all agreed that the HIV/AIDS urge my colleagues to join me in vot- Ryan White HIV/AIDS Treatment Ex- epidemic isn’t a partisan issue and that ing for this vitally important bill. tension Act of 2009. This is the second the Ryan White program must con- I reserve the balance of my time. reauthorization of this piece of legisla- tinue. Mr. ROE of Tennessee. Mr. Speaker, I tion. It was originally passed approxi- This bill contains improvements that reserve the balance of my time. mately 10 years ago. It was reauthor- will strengthen and grow the program Mr. PALLONE. Mr. Speaker, I yield ized the first time, I believe, 4 years over the next 4 years. to the gentlewoman from California ago and expired at the end of this I would like to thank the administra- (Mrs. CAPPS) for 2 minutes. month. And so with the leadership of tion, as well as the over 300 HIV/AIDS Mrs. CAPPS. Thank you to my col- Chairman WAXMAN and Subcommittee organizations who developed consensus league. Chairman PALLONE, with the support of recommendations that immensely Mr. Speaker, I am rising in strong Ranking Member DEAL, myself, and helped the process. The Congressional support of the Ryan White HIV/AIDS Congresswoman MARY BONO, we have Black, Hispanic, and Asian Pacific Treatment Extension Act, and I want been working with the majority to American Caucuses also provided vi- to add my thanks and my acknowledg- bring this bill to the floor and reau- tally important input. ment to the great work of our commit- thorize it because of the importance of I would like to thank all of the House tee’s chairmen, the ranking members, the programs which it has jurisdiction staff that worked on the bill: Camille to swiftly move this extension through over. Sealy, Elana Leventhal, Naomi Seiler, the process in a bipartisan and bi- This is a program which has provided Aarti Shah, Melissa Bartlett, Blake cameral manner. care for millions of Americans that Fulenwider, and Ryan Long. The Ryan White HIV/AIDS program have been affected by HIV and AIDS. It has been the critical safety net for provides primary care services and b 1045 Americans diagnosed with HIV and drug assistance as a payer of last re- Finally, I would like to thank Chair- AIDS. Since its inception, we have sort for those individuals that have man PALLONE, Ranking Member DEAL watched diagnosis and treatment these afflictions. and Ranking Member BARTON for their evolve to a point where we can now The bill before us includes several work on this important piece of legisla- manage HIV as a chronic condition legislative priorities that I would like tion. rather than as a fatal disease. to highlight. It does allow States addi- I urge all Members to support it. This issue is especially important in tional time to report their HIV/AIDS Mr. BARTON of Texas. Mr. Speaker, my home State of California, which has cases by names versus the old, inac- I reserve the balance of my time. the second-largest disease burden in curate code-based system but does not Mr. PALLONE. Mr. Speaker, I yield the United States and a significant release States of the requirement to 11⁄2 minutes to my colleague from New number of new cases each year, par- move towards the more accurate name- Jersey (Mr. PASCRELL). ticularly among the Latino population. based reporting. Mr. PASCRELL. Mr. Speaker, I want And in today’s world, California—like The bill also continues reforms that to congratulate Mr. WAXMAN and Mr. some other States—is experiencing a were put in place 3 years ago that will BARTON, Mr. DEAL and Mr. PALLONE, severe budget crisis. State HIV and move these programs closer to ensur- our Chair of the Subcommittee. This is AIDS funding has been drastically re- ing that funds are allocated to the ex- tough work. duced. isting need—and I am going to high- I rise to express my deep support for My district serves as the main source light existing need—for States and lo- the reauthorization of the Ryan White of HIV services between Los Angeles calities. The legislation establishes a HIV/AIDS program; a debt of thanks to and San Francisco, and I want to en- new HIV/AIDS testing goal of 5 million Chairman PALLONE for your out- sure that central coast providers have citizens through Federally supported standing work in New Jersey.

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.010 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11530 CONGRESSIONAL RECORD — HOUSE October 21, 2009 For nearly two decades now, the are tough political issues to address, I rise in strong support of H.R. 3792, Ryan White program has made it pos- such as needle exchange, such as com- the Ryan White HIV/AIDS Treatment sible for individuals living with HIV/ prehensive sex education, such as this Extension Act of 2009. This legislation AIDS to access life-saving services. In real epidemic. And it is in our prisons. provides important funding for life- the program’s early years, I served as So we have to take many, many steps saving medical and support services the chairman of the Paterson-Passaic- to really begin to look at how to turn that individuals with HIV/AIDS depend Bergen HIV Planning Council, and I this around and to stamp HIV/AIDS upon. saw firsthand how the Ryan White pro- from the face of the Earth. With this reauthorization, we’re en- gram reduces health disparities and So I just want to thank you Mr. suring that several of the Transitional improves and extends the lives of thou- PALLONE and Mr. WAXMAN, and all of Grant Areas that were slated to lose sands. Families have been held to- you who have taken the lead in putting access to these grants will continue to gether because of Ryan White legisla- this bill together. receive funding. One of the TGAs is tion. I see that firsthand day after day. Mr. BARTON of Texas. Mr. Speaker, Santa Rosa, California, in my district, New Jersey has the fifth largest HIV/ I continue to reserve. which is north of San Francisco. This AIDS epidemic in the Nation. In my Mr. PALLONE. Mr. Speaker, I yield 2 important change will ensure that hometown, we have over 1,700 individ- minutes to the gentlewoman from the Santa Rosa will be able to continue to uals living with HIV/AIDS. Even after Virgin Islands, Dr. CHRISTENSEN, who is provide a continuity of care to patients 20 years of progress, these sobering also a member of our committee. with HIV/AIDS. facts are a reminder that we still have Mrs. CHRISTENSEN. Thank you for The Bay Area is an example for all of work to do. yielding. us of just how important the funding is I urge my colleagues to join with me Mr. Speaker, I rise today—on behalf that we provide now, and how nec- in passing this legislation to extend of the more than half million low-in- essary it is that we increase this fund- and provide additional much-needed come Americans living with HIV/AIDS ing and that we pay particular atten- funding for the vital services provided who rely on this program—in full sup- tion to prevention of HIV/AIDS; then by the Ryan White program. port of the Ryan White HIV/AIDS we won’t need so much over time to Mr. BARTON of Texas. Mr. Speaker, Treatment Extension Act of 2009, par- cure and provide care. But until we I continue to reserve. ticularly those in my community prevent, we will be working to help Mr. PALLONE. Mr. Speaker, I yield 2 where we have the second highest inci- those who are already afflicted. minutes to the gentlewoman from Cali- dence of AIDS in the country. Again, I urge my colleagues to sup- fornia (Ms. LEE). I applaud the leadership and hard port this legislation. Mr. BARTON of Texas. We continue Ms. LEE of California. Let me thank work of Chairmen PALLONE and WAX- to reserve, Mr. Speaker. the gentleman from New Jersey for MAN and Ranking Members BARTON and Mr. PALLONE. Mr. Speaker, I will yielding and also for your leadership, DEAL, as well as those in the other yield myself such time as I may con- and also to our chairman because this body, for this bipartisan, bicameral sume. is such an important bill. I want to bill. I just wanted to stress the impor- thank both sides for crafting this bi- The Ryan White program plays a piv- tance of this in my home State of New partisan—bicameral, really—compro- otal role in addressing the unique Jersey. I know that in my district in mise. I also wanted to thank you and health care challenges facing low-in- New Brunswick we have the head- say that we appreciate your taking come Americans with HIV/AIDS and quarters for the Hyacinth Foundation, into consideration the concerns of the their families. I would have liked to which is one of the organizations that Congressional Black Caucus, the Con- have seen a more robust investment in receives some of the money under the gressional Hispanic Caucus, and the this program to end the ADAP waiting Ryan White Act. The type of work that Congressional Asian Pacific American lists and more support for the National they have been doing over the last few Caucus. Minority AIDS Education and Training years to help with HIV/AIDS patients This bill will strengthen the Minor- Center at Howard University, espe- is just incredible. Obviously, we need ity AIDS Initiative by moving it back cially when minorities are making up more research, but the services and the to a formula-based grant system re- the vast majority of people with HIV/ treatment that are provided are really quiring a GAO study and a subsequent AIDS. But we have the opportunity lifesaving for a lot of these patients, Department plan by HHS to ensure today to provide assistance to large and it is so important. that the Minority AIDS Initiative and midsize cities, States, and terri- I know that there was some concern functions as it was intended. This ini- tories with high HIV/AIDS incidence about the time running out because of tiative was begun under the leadership and/or prevalence, and to expand access the authorization expiring, but now we of Congresswoman MAXINE WATERS in to care and support services for women, are going to guarantee that this money the late nineties and it’s working, but infants, children, and youth. continues. In fact, this bill does not it hasn’t been fully funded and the re- I am particularly pleased that we im- have a sunset provision so that these sources haven’t really been directed to prove the Minority AIDS Initiative by programs will continue. We won’t face where the need is the greatest. going back to formula funding and by this problem of having another dead- We have, as you know, a devastating removing some of the barriers to fund- line in the future. So that is really cru- epidemic in the United States, and ing that prevented many eligible enti- cial, and I can’t stress it enough. young gay men, minorities, people of ties from applying. At this time, I would like to yield color, and women are facing the brunt As a physician who cared for AIDS such time as she may consume to Rep- of it. We’ve got to do a better job in patients from the outset of the epi- resentative LEE again. protecting those who are most at risk demic, I cannot express enough how Ms. LEE of California. Thank you while taking care of those already in- today—how voting in full support of again for yielding. fected. this bill—will mean so much to the I just wanted to take a moment to I am pleased that the President is de- hardworking Americans who deserve call your attention to several efforts in veloping a National AIDS Strategy to the opportunity, just like all of us my own home State and my own home guide our response to this epidemic. As here, to achieve their lives’ potentials. county. One is in Alameda County. one who has worked consistently over Mr. BARTON of Texas. I continue to I believe it was in 1999, we had to de- the years on the global HIV pandemic reserve, Mr. Speaker. clare a state of emergency in the Afri- both here and abroad, I think we need Mr. PALLONE. Mr. Speaker, I yield 2 can American community, and that a PEPFAR, a domestic PEPFAR. But minutes to the gentlewoman from Cali- state of emergency helped focus atten- this is a compromise bill. It will in- fornia, Ms. LYNN WOOLSEY. tion on what was taking place in the crease the funding 5 percent each year, Ms. WOOLSEY. Thank you, Chair- African American community. It but I think we must do more. man PALLONE, for all of your efforts in helped us really begin to garner re- Also, let me just say that we have to regards to HIV/AIDS and the efforts sources for those wonderful commu- really take a look at some of the inter- that you support, that we support, that nity-based programs which have sur- ventions that we know will work which we must continue. vived through this period, but they

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need additional resources if we are man HENRY WAXMAN for his decades of mag- estimated that the Ryan White Program helps going to really tackle this epidemic. nificent and determined leadership in the fight more than half of a million people annually, And so this reauthorization will really against HIV/AIDS. From day one of this epi- and legislation to extend this program is in- help with our state of emergency and demic, HENRY WAXMAN has been on the credibly important for those individuals’ those organizations that are helping on frontlines leading the charge. wellbeing. Reauthorized three times since it the ground with minimal resources I also want to pay tribute to another great was first enacted in 1990 in response to the doing wonderful work. leader who was there from day one of this epi- growing HIV/AIDS crisis, this legislation will Secondly, in my city where our great demic: Senator Edward M. Kennedy. Senator help to modernize the program to address former colleague, Mayor Ron Dellums, Kennedy was tireless in his efforts to ensure present day concerns. former Congressman Ron Dellums, the federal government, and the entire health I would be remiss as well if I did not discuss serves as Mayor, we have initiated, system, eventually rose to the challenge of the disproportionate impact that HIV/AIDS has under his leadership, a ‘‘Get Tested’’ this crisis with the resources and commitment on minority communities and particularly the campaign, which is really about mak- it demanded. His legacy lives on in the Ryan African-American community. Although Afri- ing sure that prevention and education White Act and the hundreds of thousands of can-Americans account for about 13 percent is provided in a very real way to those people each year it helps access the medica- of the U.S. population, they constitute roughly most at risk. This campaign is work- tion and primary care they need to stay half of all Americans who become infected ing, and again, reauthorization of Ryan healthy. with HIV/AIDS. According to the Center for White will really help make sure that As everyone knows, San Francisco was hit Disease Control, the rate of AIDS diagnoses this campaign is fully successful. Get- early and was hit hard by the devastation of for African-American adults and adolescents is ting tested is such an important strat- AIDS. But San Franciscans responded to the ten times higher than the rate for whites and egy, and I would encourage Members, needs of our neighbors by developing a sys- three times higher than the rate for Latinos. as we move forward and focus on this tem of community-based care that became the Truly these numbers are way too high, and we reauthorization, to make sure that we model for the Ryan White CARE Act when it must resolve anew to continue to fight this ter- take some leadership and get tested was first enacted in 1990. As a result, San rible disease. and show why testing is a key strategy Francisco produced data that showed the I encourage my colleagues to join me in to prevention and education. country comprehensive HIV/AIDS care and supporting the Ryan White HIV/AIDS Treat- Finally, let me say, and I know Ms. services not only saves lives, but also saves ment Extension Act so that we can offer care CAPPS mentioned the budget crisis in money by keeping people healthy and produc- to those individuals who are suffering with California. I have talked with many of tive. HIV/AIDS and combat the disease as well. my AIDS providers—and as I said ear- Today, Ryan White-funded initiatives are a Ms. CASTOR of Florida. Mr. Speaker, I rise lier, with minimal resources, they are fundamental component of the systems of today in strong support of the Ryan White doing unbelievable work—and now, care upon which low income individuals with HIV/AIDS Treatment Extension Act of 2009. In my home State of Florida and in my com- with not only California but other HIV and AIDS rely. Declines in AIDS deaths munity in the Tampa Bay area, Ryan White States in this budget crisis, these orga- are a direct result of the therapies and serv- Services are vital. This critical program helps nizations are losing their funding. And ices that have been made more widely avail- to preserve the lives of many in our commu- so, again, the reauthorization of Ryan able through the Ryan White Act to large num- nities living with HIV and AIDS. I have heard White is going to help these organiza- bers of uninsured and under-insured people from so many of my neighbors in recent tions stay in business and help them living with HIV and AIDS. weeks, pleading that Congress act to ensure Each year, this legislation ensures access to provide the services that are des- that this lifeline continues—today we answer lifesaving medical services, including pharma- perately needed. their plea. So once again, I just have to thank ceuticals, for over 500,000 clients—almost half In 2004, Ryan White assisted well over you, Chairman PALLONE, thank all of of the individuals living with HIV/AIDS in this 100,000 patients in Florida and nearly 13,000 you for this reauthorization. And country. Passage of the Ryan White reauthor- family members of people living with HIV/ though it’s not everything we want, I ization will continue to increase access to pri- AIDS. Those numbers continue to rise. know it’s a compromise, and it’s going mary care and medications by providing addi- My community is very active in the Ryan to go a long way in helping. tional resources and facilitating the transition White program. There are many nonprofit or- Mr. PALLONE. At this time, Mr. to HIV reporting. ganizations that help to facilitate Ryan White Speaker, I have no additional speakers. The Ryan White Act has always focused on and put the program dollars to good use. I just want to thank my colleagues on establishing and maintaining effective systems I’d like to thank all of the participating orga- the Republican side, Mr. BARTON and of health care. This means avoiding drastic nizations in my home town for their work with Mr. DEAL, for making this a truly bi- cuts that destabilize existing resources. For Ryan White—Metropolitan Charities in both partisan piece of legislation. this reason, many of us were disappointed Tampa and St. Petersburg, Operation Hope of At this point, I would urge passage of when the Bush Administration implemented Pinellas and the AIDS Service Association of the bill and yield back the balance of the 2006 reauthorization in a way that caused Pinellas, to name just a few that are changing my time. drastic cuts to several jurisdictions, including lives for my neighbors. Mr. BARTON of Texas. Well, I appre- the San Francisco Eligible Metropolitan Area. Mr. Speaker, the Ryan White Program is the ciate the opportunity to close the de- Unfortunately, Senate Republicans objected to only true safety net for many people living with bate. correcting these implementation flaws in this HIV/AIDS to compensate for the lack of health This is an important piece of legisla- reauthorization. However, I remain committed insurance and care that is often not covered tion. It has been worked over several to responding to these needs through the ap- by insurers. I look forward to reporting to my years on a bipartisan basis. Chairman propriations process, as we have done each neighbors that they can rest assured that this WAXMAN and Chairman PALLONE have year since the Bush Administration first at- vital program will not be lost. been extremely positive and very gen- tempted to impose these destabilizing cuts. Mr. KLEIN of Florida. Mr. Speaker, I rise tlemanly in their approach to this bill. The Ryan White HIV/AIDS Treatment Exten- today in strong support of S. 1793, the Ryan We are glad that it is being reauthor- sion Act will continue our commitment to hun- White HIV/AIDS Treatment Extension Act of ized in a timely fashion. We urge a dreds of thousands of low income people liv- 2009, and thank the distinguished Chairman of strong bipartisan vote of ‘‘yes’’ on this ing with HIV/AIDS. In so doing, we will save the Energy and Commerce Committee, Mr. bill. lives, save money, and help create a healthier WAXMAN, and Ranking Member BARTON, as Ms. PELOSI. Mr. Speaker, for almost two America. I urge my colleagues to vote ‘‘yes.’’ well as the Health Subcommittee Chair, Mr. decades, the Ryan White Act has played an Ms. EDDIE BERNICE JOHNSON of Texas. PALLONE, and Ranking Member DEAL, for essential role in the development and mainte- Mr. Speaker, I rise today in support of the bringing this important bill to the floor before nance of systems of care for people living with Ryan White HIV/AIDS Treatment Extension the Ryan White program ends at the end of HIV and AIDS. Today, Congress has the op- Act of 2009. the month. portunity to continue this lifesaving work. This important program has helped numer- The Ryan White program is our nation’s Essential to our efforts has been the leader- ous people across the country living with HIV/ keystone public health program for the preven- ship of Chairman FRANK PALLONE of the En- AIDS by helping to provide funding to states, tion and treatment of HIV/AIDS. Originally en- ergy and Commerce Subcommittee on Health. urban areas, insurance providers, and other acted in 1990, the Ryan White program pro- And I want to especially acknowledge Chair- organizations for HIV/AIDS related care. It is vides federal funds to states and metropolitan

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.013 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11532 CONGRESSIONAL RECORD — HOUSE October 21, 2009 areas for health care costs and support serv- Maryland is one of the States hardest hit by Ryan White to assist countless low-income ices for people living with HIV and AIDS. the HIV epidemic. According to the Centers for Americans living with HIV/AIDS. Some of these services include medical care, Disease Control and Prevention, it has the fifth And while HIV/AIDS is certainly a global and drug treatments, dental care, home health highest estimated rate of living AIDS cases national epidemic, for my congressional district care, and outpatient mental health and sub- per 100,000 people. Approximately 28,000 and all of south Florida it is an intensely local stance abuse treatment. Over half a million Marylanders live with HIV. I am pleased that one. We know firsthand its impact on indi- low-income people with HIV/AIDS receive crit- the legislation continues the current extended vidual lives and families in our community. ical health care services through Ryan White, exemption policy for 2 years for those States Miami-Dade County ranks second among and a third of them lack any health insurance with maturing names-based HIV case data, large metropolitan areas for people living with at all. such as Maryland, that recently made the tran- AIDS. There are over 32,000 people living In addition to preauthorizing the Ryan White sition from the code-based system in deter- with AIDS in Miami-Dade alone. And nearly program for four years, S. 1793 will increase mining how much Ryan White funding States 12,000 have HIV that has yet to progress to funding for all programs by 5 percent to meet receive. AIDS. These are just the cases we know the growing needs of states, communities, and Unfortunately, the Ryan White program was about. individuals. Of particular interest for my con- scheduled to sunset on September 30. It is The fight against HIV/AIDS has many ele- stituents is the increased funding for the now operating under a short-term extension. It ments, but I cannot stress enough how impor- Emergency Relief program, which provides is critical that Congress reauthorizes the Ryan tant the Ryan White Program is within this grants to metropolitan areas with very high White program so that we can continue to pro- greater undertaking. numbers of AIDS cases for primary care and vide necessary and lifesaving services to While our commitment to the fight against support services like hospice care, housing, those affected with HIV and AIDS. I urge my HIV/AIDS must be both proactive as well as and transportation. colleagues to support the Ryan White HIV/ reactive: Unfortunately, the City of Ft. Lauderdale, AIDS Treatment Extension Act. Proactive in working together to halt the which is in my congressional district, has the Mr. CONYERS. Mr. Speaker, I rise in strong growth of this epidemic through our efforts at fourth highest AIDS rate in America, behind support of the Ryan White HIV/AIDS Treat- prevention and awareness; only San Francisco, New York, and Miami. ment Extension Act of 2009, S. 1793. In our Reactive in our providing of care and treat- This puts an enormous strain on local re- efforts to assist those with HIV/AIDS, the Ryan ment earlier in the course of the disease; sources. Although Broward County has White Program has been at the forefront, of- Ryan White demonstrates that we must not, worked very hard to be as efficient as possible fering lifesaving care for those with this dis- and we will not, ever forget about those al- with the services they provide, this 5 percent ease. ready afflicted with this terrible disease. funding increase will be a welcome relief dur- The Ryan White HIV/AIDS Program allo- We all recognize the tremendous results ing these difficult economic times. cates federal funds to metropolitan areas and that the Ryan White Program has had on pro- I am also pleased to see that S. 1793 in- states to assist in reducing health care costs viding care for those suffering from HIV/AIDS creases the unobligated fund requirement from and increasing support services for individuals in the United States. Extending this important 2 percent to 5 percent. As it stands now, this and families affected by the human immuno- program is not just a priority, but a necessity. provision penalizes Part A and B grantees if deficiency virus or acquired immune deficiency I know that through programs such as Ryan they have more than 2 percent of their award syndrome. The Ryan White Program has been White we can, and will, save and improve the unobligated at the end of a grant year. The able to serve more than half a million low-in- lives of countless individuals in my Congres- consequence is that programs are ineligible to come citizens living with HIV/AIDS each year. sional District and throughout the United compete for supplemental components of their Of these constituents with HIV/AIDS, 33 per- States. awards, creating an undue burden on grant- cent of them are uninsured and an additional I again urge my colleagues to vote in favor ees like Broward County who face state and 56 percent are underinsured. This program is of this beneficial bill and look forward to the county budget factors such as hiring freezes, facilitated by the Health Resources and Serv- day when we can call the fight against HIV/ purchasing delays and spending caps among ices Administration of the Department of AIDS won. other funding obstacles. Boosting this level to Health and Human Services. Composed of Ms. WASSERMAN SCHULTZ. Mr. Speaker, 5 percent will create a more realistic require- four major parts, the Ryan White HIV/AIDS I rise in strong support of the Ryan White HIV/ ment for unobligated funds, and I thank the Program provides grants to urban areas, di- AIDS Treatment Extension Act. distinguished chairmen and ranking members rects funds to states and territories, pays for The Ryan White Act is lifesaving legislation for correcting this important problem. the AIDS Drug Assistance Program, and pro- Mr. Speaker, it was 28 years ago that the that funds a vast array of innovative and effec- vides grants to both public and private non- tive services that form the healthcare safety Center for Disease Control and Prevention profit entities for family-centered care. This bill net for uninsured and underinsured Americans issued its first warning for AIDS. In the interim, also allows for the continued funding for the living with HIV/AIDS. Ryan White programs far too many people have died from this ter- Minority AIDS Initiative, a program that is at- are ‘‘payer of last resort,’’ which subsidize rible disease. But thanks to this hallmark safe- tempting to address the impact of this disease treatment when no other resources are avail- ty net program, the Ryan White program pro- on racial minorities. vides a vital lifeline to hundreds of thousands In December 2006, Congress reauthorized able. of people living with HIV/AIDS. We cannot let the Ryan White HIV/AIDS Program until Sep- The program provides medical care, drugs, this lifeline end at the end of the month. We tember 30, 2009. With 1.1 million persons in and support services for 500,000 people a must pass this program today so that every- the U.S. living with diagnosed or undiagnosed year. It’s been a huge success in reducing one living with HIV/AIDS can know that our AIDS/HIV, we must ensure that the Ryan sickness and death from HIV disease and great country will be there to help them when White HIV/AIDS Program and the Minority helping people live longer, more healthy, and they need it most. AIDS Initiative are fully funded so that vital productive lives. The Ryan White programs Mr. VAN HOLLEN. Mr. Speaker, I rise in services to our neighbors are not cut. also provide funding and technical assistance strong support of this legislation reauthorizing I strongly support the Ryan White HIV/AIDS to local and state primary medical care pro- the Ryan White CARE Act. I want to com- Program Act and its mission of providing direct viders, support services, healthcare provider mend Chairmen WAXMAN and PALLONE as well care to patients in need. I urge my colleagues and training programs. as Ranking Members BARTON and DEAL for to do the same. Congress must extend this critical law to en- working in a bipartisan and bicameral fashion Ms. ROS-LEHTINEN. Mr. Speaker, I rise to sure that vital services are not withheld from in bringing this bill before the House today. support swift passage of the Ryan White HIV/ people who so desperately need them. For over two decades, the Ryan White pro- AIDS Treatment Extension Act. We must pass this legislation, so that gram has been serving people living with HIV As you know, the Ryan White HIV/AIDS Ryan’s legacy lives on with his message of and AIDS. It provides medical care, treatment Treatment Program is an innovative and effec- love, compassion, and hope. and support services to more than half a mil- tive program that funds HIV/AIDS treatment Mr. GENE GREEN of Texas. Mr. Speaker, lion people each year. As a result of this vital for low-income, uninsured, and underinsured I rise today in strong support of S. 1793, the and important program, we have some of the people. The program provides funding to cit- Ryan White HIV/AIDS Treatment Extension best HIV and AIDS treatment programs in the ies, States, as well as directly to select clinics Act of 2009. world. Without this critical safety net, several and care providers for core medical and sup- Since its establishment in 1990, the Ryan of our nation’s most vulnerable populations port services. White CARE Act has delivered vital funding to would not have access or receive the care In 2009 alone, my home State of Florida re- States and urban areas with large numbers of and treatment they desperately need. ceived over $209 million in funding through individual living with the AIDS virus.

VerDate Nov 24 2008 00:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.006 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11533 In Texas, the number of individuals living have worked hard over the past year to de- well as leaders from the U.S. Department of with HIV and AIDS increased in the last 10 velop legislative principles where there is Defense Schools and the U.S. Department of years. Texas has one of the largest HIV and much agreement. State Overseas Schools, for outstanding leadership for student learning and the pro- AIDS populations in the country and we rely This bill will provide immeasurable assist- fession; heavily on Ryan White dollars to provide qual- ance to more than half a million low-income Whereas the MetLife-NASSP Principal of ity life-prolonging care to Texans living with people served by the Ryan White CARE Act the Year program began in 1993 as a means to HIV and AIDS. programs. I urge all my colleagues to support recognize outstanding middle level and high We currently have two Eligible Metropolitan it. school principals who have succeeded in pro- Areas and 3 Transitional Grant Areas under Mr. BARTON of Texas. Mr. Speaker, viding high-quality learning opportunities Ryan White CARE Act in our State. I yield back the balance of my time. for students as well as their exemplary con- Houston is currently the eighth largest Eligi- The SPEAKER pro tempore. The tributions to the profession; ble Metropolitan Area in the Nation, with question is on the motion offered by Whereas the celebration of ‘‘National Prin- cipals Month’’ would honor elementary, mid- 10,000 individuals living with AIDS and Ryan the gentleman from New Jersey (Mr. dle level, and high school principals and rec- White funding helped to provide critical health PALLONE) that the House suspend the ognize the importance of school leadership in care and support services to more than rules and pass the bill, S. 1793. ensuring that every child has access to a 18,000 individuals in Houston in 2006. The question was taken. high-quality education; and In my community in Harris County, our Hos- The SPEAKER pro tempore. In the Whereas the month of October 2009 would pital District utilizes more than $26 million opinion of the Chair, two-thirds being be an appropriate month to designate as each year to coordinate essential health care in the affirmative, the ayes have it. ‘‘National Principals Month’’: Now, there- and support services for more than 21,000 in- Mr. ROE of Tennessee. Mr. Speaker, fore, be it dividuals in our community living with HIV and Resolved, That the House of Representa- on that I demand the yeas and nays. tives— AIDS. The yeas and nays were ordered. (1) honors and recognizes the contribution The importance of this program cannot be The SPEAKER pro tempore. Pursu- of school principals to the success of stu- overestimated; without CARE Act funds, many ant to clause 8 of rule XX and the dents in our Nation’s elementary and sec- Americans living with HIV and AIDS would Chair’s prior announcement, further ondary schools; and have no other source for treatment. proceedings on this motion will be (2) encourages the people of the United The Senate passed their version of the postponed. States to observe ‘‘National Principals Ryan White HIV/AIDS Treatment Extension Month’’ with appropriate ceremonies and ac- f Act of 2009 on Monday and I am pleased we tivities that promote awareness of school b 1100 leadership in ensuring that every child has were able to work out a bipartisan and bi- access to a high-quality education. cameral resolution which is reflected in this NATIONAL PRINCIPALS MONTH bill. The SPEAKER pro tempore. Pursu- Without this vital legislation, millions of indi- Mrs. DAVIS of California. Mr. Speak- ant to the rule, the gentlewoman from viduals would lose their HIV and AIDS treat- er, I move to suspend the rules and California (Mrs. DAVIS) and the gen- ment and support services. I am pleased we agree to the resolution (H. Res. 811) ex- tleman from Tennessee (Mr. ROE) each worked swiftly to send this to the President. pressing support for designation of Oc- will control 20 minutes. Mr. ENGEL. Mr. Speaker, I rise in strong tober 2009 as ‘‘National Principals The Chair recognizes the gentle- support of the Ryan White CARE Act. Month,’’ as amended. woman from California. The Ryan White CARE Act holds a very The Clerk read the title of the resolu- GENERAL LEAVE special significance to New York State. As tion. Mrs. DAVIS of California. Mr. Speak- home to 16 percent of the Nation’s AIDS pop- The text of the resolution is as fol- er, I request 5 legislative days during ulation, New York remains the epicenter of the lows: which Members may revise and extend HIV/AIDS crisis. New York has nearly 120,000 H. RES. 811 their remarks and insert extraneous residents living with HIV/AIDS and our State Whereas the National Association of Ele- material on House Resolution 811 into and cities have been proud to partner with the mentary School Principals and the National the RECORD. Federal Government in providing care for Association of Secondary School Principals The SPEAKER pro tempore. Is there many of these individuals. have declared the month of October 2009 as objection to the request of the gentle- New York State receives more than $300 ‘‘National Principals Month’’; woman from California? million in Ryan White funds under all parts of Whereas school leaders are expected to be There was no objection. educational visionaries, instructional lead- Mrs. DAVIS of California. I yield my- the act to provide a range of health care and ers, assessment experts, disciplinarians, support services. Through Ryan White pro- community builders, public relations ex- self as much time as I may consume. grams, 22,000 uninsured New Yorkers receive perts, budget analysts, facility managers, Mr. Speaker, I rise today in support medications and ambulatory care services and special programs administrators, and guard- of House Resolution 811, which recog- thousands more receive other essential serv- ians of various legal, contractual, and policy nizes the designation of this month, ices such as mental health, case manage- mandates and initiatives as well as being en- October 2009, as National Principals ment, nutrition, and treatment adherence sup- trusted with our young people, our most val- Month. port services. These individuals must be guar- uable resource; This bipartisan resolution introduced Whereas principals set the academic tone by myself and Congressman TODD anteed uninterrupted access to these vital for their schools and work collaboratively services. with teachers to develop and maintain high PLATTS honors and supports the crit- It is critical that Congress act swiftly on the curriculum standards, develop mission state- ical role that school leaders play in the reauthorization of the Ryan White Reauthor- ments, and set performance goals and objec- lives of our students, because one of ization which nationwide provides lifesaving tives; the principal reasons behind a school’s medications, health care and support services Whereas the vision, dedication, and deter- success is often its strong principal. to over 500,000 people. As you know, unlike mination of a principal provides the mobi- This is true every day in schools all most reauthorizations Congress inserted a lizing force behind any school reform effort; across our country. Whereas leadership is second only to class- At San Diego High School of Inter- sunset provision into the act in 2006 requiring room instruction among all school-related Congressional action by September 30, 2009. factors that contribute to what students national Studies in my district, Prin- While we extended temporary funding for the learn at school, according to research con- cipal Karen Wroblewski has been the program in the recent CR, it is important that ducted by the Wallace Foundation; force behind the school’s high ranking we do not delay enactment of a full reauthor- Whereas the U.S. Bureau of Labor Statis- and Newsweek’s top 100 high schools ization so that our States, cities and localities tics estimates that approximately 1 in 3 edu- for 3 years running. Families have been can be assured of a stable source of needed cation administrators works more than 40 known to camp in Karen’s office to gar- funding. hours a week and often works an additional ner a spot in the incoming class. This 15–20 hours each week supervising school ac- success is only bolstered by the fact While 3 years ago, this reauthorization was tivities at night and on weekends; the subject of much disagreement and dissent, Whereas the NAESP National Distin- that her school is in a historically low- we are in a different place today. Fortunately, guished Principals program honors exem- performing educational area and that members on both sides of the aisle, and more plary elementary and middle level public, the student body is one of the most di- than 250 organizations in the United States private, and independent school leaders as verse in our city. Understandably,

VerDate Nov 24 2008 00:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.013 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11534 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Karen was named the 2009 National school leaders must keep abreast of I remember walking into the office Magnet Principal of the Year. State and Federal goals, the latest one day, and they had pictures of all Meanwhile, on the opposite side of technologies and teaching practices, as the teachers and their families on the our country, in Delaware, Principal well as learning to use data to spot wall so that parents, when they came Stephanie Smith is a similar driving gaps in learning among all students. It in, could relate not just to the teach- energy behind Seaford Middle School. should come as no surprise that prin- ers, but they could know the teachers’ As a result of Seaford’s emphasis on cipals, like other organizational lead- families. Everybody seemed to be part challenging coursework and collabora- ers, set the tone for high achievement of a family; and that happened because tion with her staff, the State chamber in their schools. of the vision, because of the enthu- of commerce recognized the school Regardless of location, racial or so- siasm and, really, because of the skill with its Superstars in Education cioeconomic demographics, commu- of that principal. That school now con- award, and it is a 2009 MetLife National nities demand that principals lead the tinues to do very, very well. It has es- Association of School Principals break- instructional and academic perform- tablished itself in the community so through school. ances in their schools. Leadership is an differently than what I really remem- These women are prime examples of important factor in the creation of ber it to be for a number of years. how elementary, middle and high good schools. Influenced by the aca- So we know that principals truly school principals provide the vision, demic standards movement, which fo- make a difference. When they can the dedication and the mobilizing cuses on equity and instruction, school translate their desire to see high power for successful schools. School leaders are thinking anew about how to achievement and high expectations to leaders set the academic tone, and they define quality in our schools and about everybody on the staff and in the whole keep teachers involved to develop per- how to create and manage the environ- community, it really does matter to formance goals and objectives. Behind ments that support them. young people. That’s what we need. every one of their efforts is the genuine Principals lead schools, and they tie Tremendous principals often, I guess, intent to improve student achieve- the daily operations to school and stu- consider themselves to be pretty ordi- ment. dent learning goals that are set by par- nary folks, but they do extraordinary Unlike many other careers, prin- ents, staff, and the community. They things. cipals are expected to fill a variety of also set high expectations for the aca- I’m just delighted to be part of this roles which are each complex in their demic and social development of all resolution, and I am very happy that own right. On any given day, they are students, teachers and staff; and they we’re able to talk about it today on the likely to be everything from edu- ensure the resources to meet these floor, and I thank my colleague for cational visionary, to community high standards. that as well. Principals are also charged with hir- builder, to budget analyst, to facility I reserve the balance of my time. ing and retaining high-quality teachers Mr. ROE of Tennessee. Mr. Speaker, I manager, to counselor. This means and with holding them responsible for concur with the gentlewoman, and I that principals often work long hours. student learning. Today’s school lead- would urge the passage of this resolu- In fact, the Bureau of Labor Statistics ership also connects professional devel- tion; and I yield back the balance of estimates that one in three principals opment to school learning goals, and it my time. works far more than 40 hours per week, provides opportunities for teachers to Mr. REYES. Mr. Speaker, I rise today in and they often work many additional work, plan, and to think together. support of H. Res. 811, a resolution recog- hours supervising school activities at Principals are among the hardest nizing the month of October as ‘‘National Prin- night and on weekends. Just because working, yet often the least recog- cipals Month.’’ My congressional district in El students go home at the end of the day nized, individuals in education. These Paso, Texas is fortunate to have outstanding or at the end of the school term does unsung heroes deserve to be recognized principals in our schools who work tirelessly not mean that the work of a principal for the essential role they play in pre- every day encouraging our teachers and stu- stops. In fact, principals could give our paring today’s students for the chal- dents, and also serving as role models in our congressional schedule quite a run for lenges of tomorrow, and I ask my col- community. These dedicated educators are its money. leagues to support this resolution. constantly challenging students and teachers During my time on the San Diego I also would like to comment about to achieve high academic goals. School Board, I worked with many of my principal at Clarksville High Principals wear many hats in their daily these remarkable individuals. I wit- School, Mr. THOMPSON, who is a retired schedule. As educational leaders, principals nessed how their commitment and en- sergeant in the Marine Corps. He had a set the academic tone at their schools and ergy can inspire an entire school from hard time keeping us in between the guide their staff and students with a shared vi- the youngest student to the most sen- white lines. I think part of my success sion for the future by developing and maintain- ior teacher. In the end, it is principals today is due to Mr. THOMPSON, my prin- ing high curriculum standards and setting per- who are responsible for creating and cipal, who kept a lot of young boys out formance goals and objectives. As administra- managing the environment where our of trouble and who pointed them in the tors, they handle public relations duties, ana- students learn and grow. right direction education-wise. Many lyze and manage their schools’ budgets, and So this month, let’s honor this im- principals across this Nation and prob- strive to maintain a high level of both student portant role which they dedicate them- ably most of us in this room could ac- and staff morale. As campus leaders and selves to all year round. knowledge that. mentors, they provide support at school sport- I would also like to thank the Na- Mr. Speaker, I reserve the balance of ing events, community service projects, fund- tional Association of Elementary my time. raising activities, and other school functions. School Principals and the National As- Mrs. DAVIS of California. Mr. Speak- Principals are our educational system’s ulti- sociation of Secondary School Prin- er, I remember a school in my district mate multi-taskers and, along with teachers, cipals for their work to designate Octo- that I visited often as a school board deserve to be recognized for their work, dedi- ber 2009 as National Principals Month. member and then later in the State cation, and passion on behalf of our children. Mr. Speaker, I reserve the balance of legislature. It was kind of a tough There are approximately 250 elementary, mid- my time. school, really; and I used to go into the dle, and high school principals in my district in Mr. ROE of Tennessee. I yield myself principal’s room or into the teachers’ El Paso. I am proud to say that my daughter, as much time as I may consume. lounge, and people were always grum- Dr. Monica Reyes, is one of those, and I ap- Mr. Speaker, I rise today in support bling. Then a new principal came to plaud her and all of the principals in my district of House Resolution 811, expressing town, and she hired a number of new for their outstanding work. These leaders work support for the designation of October teachers. A number of teachers had ac- with a sense of urgency to raise our schools’ 2009 as National Principals Month. tually left the school because she came educational levels to new heights each day by The role of principals has been rede- in. I think she established early that providing our students and teachers with the fined in the 21st century. Gone are the she was going to have some very high guidance and leadership necessary to ensure days when principals spent most of standards. Some people left. Within a success. their time with bus schedules, fire year, the tone at that school was Both principals and teachers play a signifi- drills and general curriculum. Today’s turned around so dramatically. cant role in encouraging our students to stay

VerDate Nov 24 2008 00:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.016 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11535 in school and pursue higher education, both (1) recognizes Kentucky Wesleyan College KWC has existed for over 150 years. which are crucial to the future strength and for over 150 years of service as an institution As the college celebrates this mile- prosperity of our nation. As a Member of Con- of higher education; and stone, I want to take a moment to rec- (2) thanks Kentucky Wesleyan College for ognize KWC’s success. The college will gress, promoting student advancement and the valuable education it has provided to acknowledging the efforts of our teachers and students. also take a look ahead to continue its service to the community and to its principals has always been a priority of mine. The SPEAKER pro tempore. Pursu- Mr. Speaker, ‘‘National Principals Month’’ is students. ant to the rule, the gentlewoman from a great opportunity to acknowledge the impor- Mr. Speaker, once again, I express California (Mrs. DAVIS) and the gen- tance of principals and promote educational my support for Kentucky Wesleyan tleman from Tennessee (Mr. ROE) each success and leadership in our schools, and I College, and I thank Representative will control 20 minutes. am proud to voice my support for this resolu- The Chair recognizes the gentle- GUTHRIE for bringing this bill forward, tion. woman from California. and I urge my colleagues to support Mrs. DAVIS of California. Mr. Speak- this resolution. er, I urge support and the passage of GENERAL LEAVE Mrs. DAVIS of California. Mr. Speak- I reserve the balance of my time. House Resolution 811, recognizing Na- er, I request 5 legislative days during Mr. ROE of Tennessee. I yield myself tional Principals Month; and I yield which Members may revise and extend as much time as I may consume. back the balance of my time. Mr. Speaker, I rise today in support The SPEAKER pro tempore. The their remarks and insert extraneous material on House Resolution 837 into of House Resolution 837, recognizing question is on the motion offered by Kentucky Wesleyan College for over 150 the gentlewoman from California (Mrs. the RECORD. The SPEAKER pro tempore. Is there years of service as an institution of DAVIS) that the House suspend the objection to the request of the gentle- higher education. rules and agree to the resolution, H. woman from California? Kentucky Wesleyan College, in part- Res. 811, as amended. There was no objection. nership with the United Methodist The question was taken. Mrs. DAVIS of California. I yield my- Church, fosters a liberal arts education The SPEAKER pro tempore. In the self such time as I may consume. that nourishes, stimulates and pre- opinion of the Chair, two-thirds being Mr. Speaker, I rise today in support pares future leaders intellectually, in the affirmative, the ayes have it. of House Resolution 837, which recog- spiritually and physically to achieve Mrs. DAVIS of California. Mr. Speak- nizes Kentucky Wesleyan College for success in life. er, on that I demand the yeas and nays. Founded in 1858, Kentucky Wesleyan The yeas and nays were ordered. its over 150 years of operation. The SPEAKER pro tempore. Pursu- Founded in 1858, during a Kentucky College was originally located in ant to clause 8 of rule XX and the Methodist conference, Kentucky Wes- Millersburg. Classes began in 1866, and Chair’s prior announcement, further leyan College began as a training the first commencement took place in proceedings on this motion will be school for preachers, but the cur- 1868. At first, it was a training school postponed. riculum expanded to include an inclu- for preachers; but soon, business class- sive liberal arts education and, after a es and liberal arts classes were added f strong demand, business classes. to the curriculum. In 1890, the school RECOGNIZING KENTUCKY By the 1880s, half of the alumni were moved to Winchester, and soon after, WESLEYAN COLLEGE employed as either teachers or as busi- women began to be admitted to the Mrs. DAVIS of California. Mr. Speak- nessmen—I hope businesswomen as school for the first time. In 1951, the er, I move to suspend the rules and well, but perhaps not at that time—a school moved to its present location in agree to the resolution (H. Res. 837) testament to the quality of the edu- Kentucky’s third largest city, recognizing Kentucky Wesleyan Col- cation students received at KWC. Owensboro. lege for over 150 years of service as an As of 2008, Kentucky Wesleyan Col- Kentucky Wesleyan secured full ac- institution of higher education. lege annually enrolls over 950 students, creditation by the Southern Associa- The Clerk read the title of the resolu- and offers a wide range of courses. With tion of Colleges and Schools in 1947. In- tion. 27 majors and a 15–1 student-to-faculty creasingly, Kentucky Wesleyan grad- The text of the resolution is as fol- ratio, Kentucky Wesleyan College uates were making their mark in the lows: boasts a strong academic program. By graduate and professional schools of H. RES. 837 coupling this strong educational base the region. The strong curriculum in Whereas Kentucky Wesleyan College was with small classes and elite professors, business and liberal arts was expanded founded in 1858; KWC offers a supportive environment to include major programs in Whereas the first commencement held at for their students to learn and grow. preprofessional areas. Kentucky Wes- Kentucky Wesleyan College was in 1868; KWC’s religious history influences its leyan earned an enviable reputation for Whereas Kentucky Wesleyan College is a students. Today, young men and the many students being sent to med- private, liberal arts Methodist college lo- women graduate from Kentucky Wes- ical, dental, law, and graduate schools. cated in Owensboro, Kentucky; leyan College with high morals, values Whereas 956 students from 27 States and 6 and faith. At this institution, students b 1115 foreign countries were enrolled at Kentucky are encouraged to become the best that Kentucky Wesleyan gained national Wesleyan College in the fall of 2008; Whereas Kentucky Wesleyan College’s mis- they can be in both their personal and recognition in athletics when its men’s sion statement is to foster a liberal arts edu- academic lives. Students are also en- basketball team won men’s champion- cation that nourishes, stimulates, and pre- couraged to serve. Last year, one-third ships in 1966, 1968, 1969, 1973, 1987, 1990 pares future leaders intellectually, spir- of the students took part in a commu- and 1999. No Division II school has ever itually, and physically to achieve success in nity service event. For example, Ken- surpassed this record. life; tucky Wesleyan College student Cam- In the 1990s, Kentucky Wesleyan Col- Whereas Kentucky Wesleyan College has a pus Ministries puts on service projects lege revised its mission statement to number of notable alumni, including a on campus and in the Owensboro area. focus on preparing leaders for the 21st United States Supreme Court justice, a Major League Baseball pitcher, and the This small college accomplishes many century. The college reaffirmed its founder of another Kentucky institution of feats. It graduates educational leaders, commitment to the liberal arts and higher education; professional athletes and even United modified the general education pro- Whereas the Kentucky Wesleyan Panthers States Supreme Court Justice Stanley gram toward fulfilling the new mission compete in National Collegiate Athletic As- Forman Reed. statement. Offering 27 majors in 10 sociation Division II athletics; and Though much has changed at KWC preprofessional curriculums, Kentucky Whereas from overseas mission trips to nu- since it was founded in 1858, the core Wesleyan College has a 15:1 student- merous local projects, Kentucky Wesleyan principles have remained the same. faculty ratio. students meet the needs of others and posi- KWC still strives to nourish, stimulate Superb teaching from a global per- tively impact the world around them: Now, therefore, be it and prepare students and alumni to spective provides a rich classroom ex- Resolved, That the House of Representa- lead organizations with integrity and perience at Kentucky Wesleyan Col- tives— to lead a life of spirituality. lege. Students sharpen their skills,

VerDate Nov 24 2008 00:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.031 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11536 CONGRESSIONAL RECORD — HOUSE October 21, 2009 their critical thinking, by learning how ish. I look forward to watching the students from Russia, Africa, South Amer- to find, use and defend worthwhile in- strides they make and seeing the ac- ica, Brazil, Portugal, the Caribbean, and formation. In addition, students are en- complishments of its students and other countries, and further solidified its na- couraged to serve in anticipation of a alumni. tionally and internationally recognized ath- letic and music programs; lifetime of service to others. Kentucky I am proud to represent Kentucky Whereas since 1904, the Laurinburg Insti- Wesleyan’s students meet the needs of Wesleyan in Washington. I am proud to tute has graduated students of color, and others and positively impact the world represent the community in which it since 1954 many graduates have finished col- around them. exists, Owensboro, in Daviess County, lege or other post-secondary training; Congratulations to President Dr. and I wish them nothing but the best. Whereas the Laurinburg Institute’s distin- Cheryl King, the Kentucky Wesleyan Mrs. DAVIS of California. Mr. Speak- guished alumni include Sir John Swann, the students, faculty, and staff on over 150 er, I continue to reserve the balance of former Premiere of Bermuda and one of the years of service as an institution of my time. first blacks to be a head of state in the West- ern Hemisphere, Joy Johnson, one of the higher education. Mr. ROE of Tennessee. I yield back first African-Americans elected to the North Mr. Speaker, I reserve the balance of the balance of my time. Carolina General Assembly after the Recon- my time. Mrs. DAVIS of California. Mr. Speak- struction era, John Birks ‘‘Dizzy’’ Gillespie, Mrs. DAVIS of California. Mr. Speak- er, I am very happy to bring House an internationally renowned jazz trumpeter, er, I reserve the balance of my time. Resolution 837 forward. I yield back the and Charles ‘‘Charlie’’ Scott, the first Afri- Mr. ROE of Tennessee. Mr. Speaker, I balance of my time. can-American scholarship athlete at the Uni- yield as much time as he may consume The SPEAKER pro tempore. The versity of North Carolina at Chapel Hill, who to Mr. GUTHRIE of Kentucky. question is on the motion offered by later became a National Basketball Associa- Mr. GUTHRIE. Mr. Speaker, I rise the gentlewoman from California (Mrs. tion (NBA) All-Star where he played for such today to recognize Kentucky Wesleyan teams as the Boston Celtics, Denver Nug- DAVIS) that the House suspend the gets, Los Angeles Lakers, and Phoenix Suns, College, which for over 150 years has rules and agree to the resolution, H. winning an NBA championship with the Bos- been dedicated to giving its students Res. 837. ton Celtics and a gold medal in the 1968 Sum- the tools they need to be successful in The question was taken. mer Olympics; all areas of life. The SPEAKER pro tempore. In the Whereas in 2005, the North Carolina Gen- A small liberal arts college, Ken- opinion of the Chair, two-thirds being eral Assembly passed Senate Joint Resolu- tucky Wesleyan offers a distinct colle- in the affirmative, the ayes have it. tion 1178 which honored the lives of Frank giate experience that allows the under- Mrs. DAVIS of California. Mr. Speak- and Sammie McDuffie, who were the second graduates to grow academically, pro- generation of McDuffie’s to serve as adminis- er, on that I demand the yeas and nays. trators of the Institute, and the work of the fessionally, and spiritually. The college The yeas and nays were ordered. Laurinburg Institute in producing educators, started from its modest beginnings in The SPEAKER pro tempore. Pursu- humanitarians, athletes, and civil rights and Millersburg, Kentucky, in 1858, with ant to clause 8 of rule XX and the leaders; one building and with the first grad- Chair’s prior announcement, further Whereas in 2009, the Laurinburg Institute’s uating class consisting of only one proceedings on this motion will be President and Chief Executive Officer is man. postponed. Frank ‘‘Bishop’’ McDuffie, Jr., and his daughter, Frances McDuffie, serves as the In- Today, Kentucky Wesleyan has bro- f ken out and made incredible gains, stitute’s Vice President and President; and with over 8,500 men and women having RECOGNIZING LAURINBURG Whereas Frank ‘‘Bishop’’ McDuffie and NORMAL INDUSTRIAL INSTITUTE Fraces McDuffie are the third generation of earned degrees, each continuing to up- McDuffie administrators of the Laurinburg hold the traditions and values that Mrs. DAVIS of California. Mr. Speak- Institute: Now, therefore, be it were created so long ago. Over recent er, I move to suspend the rules and Resolved, That the House of Representa- years, the college has renovated and agree to the resolution (H. Res. 660) tives— expanded by updating the campus with recognizing the distinguished history (1) recognizes the distinguished history of new and refurbished buildings, adding of the Laurinburg Normal Industrial the Laurinburg Normal Industrial Institute; new faculty and academic programs, Institute, as amended. (2) acknowledges the Laurinburg Insti- The Clerk read the title of the resolu- tute’s remarkable contribution to the edu- and steadily increasing enrollment. cation of African-Americans and other peo- Students at Kentucky Wesleyan are tion. ple in the State of North Carolina and the committed to making a difference and The text of the resolution is as fol- Nation; and encouraged to be an example for oth- lows: (3) commends the enterprise and dedica- ers. H. RES. 660 tion of the McDuffie family in creating and The president of the college, Dr. Whereas the Laurinburg Normal Industrial sustaining the Laurinburg Institute. Cheryl D. King, who is also an alumna, Institute (referred to as the ‘‘Laurinburg In- The Speaker pro tempore. Pursuant has made it a point to develop personal stitute’’) was founded on September 15, 1904, to the rule, the gentlewoman from relationships with the students. She is in Laurinburg, North Carolina, by Emman- California (Mrs. DAVIS) and the gen- dedicated to making their collegiate uel McDuffie and his wife Tinny Etheridge tleman from Tennessee (Mr. ROE) each experience a valuable and memorable McDuffie at the request of Booker T. Wash- will control 20 minutes. ington of the Tuskegee Institute and William one. Dr. King expresses the goals and Edwards of the Snow Hill Institute; The Chair recognizes the gentle- values of the college perfectly in a let- Whereas the Laurinburg Institute is the woman from California. ter to prospective students. In it she oldest of only four historically African- GENERAL LEAVE writes: American boarding schools still remaining in Mrs. DAVIS of California. Mr. Speak- ‘‘Our students are encouraged to the United States; er, I request 5 legislative days during serve in anticipation of a lifetime of Whereas the Laurinburg Institute was which Members may revise and extend service to others. Last year, one-third founded to help provide suitable education and insert extraneous material on of our students took part in commu- and training in the common pursuits of life for African-Americans in the area of House Resolution 660 into the record. nity service opportunities. From over- Laurinburg, North Carolina; The SPEAKER pro tempore. Is there seas mission trips to numerous local Whereas, on September 15, 1906, Emmanuel objection to the request of the gentle- projects, Kentucky Wesleyan students McDuffie, J.H. Davis, and Robert Leach in- woman from California? meet the needs of others and positively corporated the Laurinburg Institute at There was no objection. impact the world around them.’’ Laurinburg, North Carolina, for the instruc- Mrs. DAVIS of California. Mr. Speak- Kentucky Wesleyan has truly lived tion of African-American teachers and youth er, I yield myself such time as I may out its mission statement to foster a in various academic branches of study and in consume. liberal arts education that nourishes, the best methods of theoretical and practical Mr. Speaker, I rise in support of stimulates, and prepares future leaders industry applicable to agriculture and the House Resolution 660, which recognizes mechanical arts; intellectually, spiritually, and phys- Whereas in 1956, the Laurinburg Institute the historical significance of the ically to achieve success in life. Under began to build a new campus, integrated its Laurinburg Institute, one of the Na- the leadership of Dr. King, I know the faculty and student body, expanded its for- tion’s oldest African American board- college will continue to grow and flour- eign student program, which consisted of ing high schools in the United States.

VerDate Nov 24 2008 00:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.022 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11537 In the early 1900s, there were few Today, we recognize the distin- is affected directly by someone that educational opportunities for black guished history of the Laurinburg In- they had taught and inspired. students. The Laurinburg Institute, stitute and acknowledge its remark- This is what the McDuffie family has along with other African American able contribution to the education of offered to us, Mr. Speaker: 50,000 grad- boarding schools, answered the needs of African Americans. I commend the uates. Think of all of the families and many African Americans desiring an dedication of the McDuffie family in all of the people that were affected by education. creating and sustaining the legacy of these 50,000 that would not have been if The Laurinburg Institute was found- Emmanuel and Tinny McDuffie. Con- Booker T. Washington had not con- ed on September 15, 1904, in gratulations to its third-generation ad- vinced the McDuffies that the best in- Laurinburg, North Carolina, by Em- ministrators, president and CEO, vestment they could make is in edu- manuel McDuffie and his wife, Tinny Frank McDuffie, and his daughter, cation. Etheridge McDuffie, at the urging of Frances McDuffie, who serves as vice Now, we have heard a couple of the Booker T. Washington and William Ed- president and chief operating officer, graduates mentioned. I would like to wards. Since then, the McDuffie family as well as the faculty, staffs and stu- add a couple more names to that list. has remained committed to the dents of Laurinburg Institute. Sir John Swan was a premier of Ber- school’s mission, devoting their lives Mr. Speaker, I reserve the balance of muda, one of the first people of color to its service for more than three gen- my time. that was a head of state in the Western erations. Mrs. DAVIS of California. Mr. Speak- Hemisphere. We mentioned Charlie The school has developed and created er, I am pleased to recognize for 10 Scott, who was the first African Amer- exceptional music and athletic pro- minutes the gentleman from North ican ever to be awarded an athletic grams. Over the years, Laurinburg In- Carolina, the sponsor of this legisla- scholarship to the University of North stitute has graduated renowned musi- tion, Mr. KISSELL. Carolina. Now, as a Wake Forest grad- cians and professional athletes, most Mr. KISSELL. I would like to thank uate, I also have to mention another notably NBA All-Star Charles Scott. my colleague from California for yield- basketball player, Charlie Davis, who Other prominent alumni include musi- ing time to me. was the first African American Player cian Dizzy Gillespie and professional Mr. Speaker, as we look at the of the Year in ACC history in basket- basketball player Sam Jones. Laurinburg Institute, or its official ball in 1971. Today, this school offers a unique at- name, Laurinburg Normal Industrial Once again, we are talking about mosphere for all students to succeed. Institute, there is a story to be told thousands of people that came through The McDuffie family, through genera- here that goes beyond some of the in- this institute, thousands of people that tions of hard work and dedication, has formation that we have already re- were affected. Once again, the great joy implemented a curriculum for their ceived. of education is that its influence never students to succeed. The institute has If you can imagine back prior to Sep- ends. an enrollment capacity of 135 students tember 15, 1904, when the Laurinburg I congratulate the McDuffie family. I and has a student body comprised of Institute was officially founded, if you congratulate the faculty and alumni young men and women from across the could imagine the conversations that and students of this great institution country and the globe. took place when Booker T. Washington because they have survived, and they Once again, I support this resolution at Tuskegee Institute came to the have made a difference in the lives of and thank Congressman KISSELL for McDuffies, Emmanuel and Tinny not only the people of Scotland Coun- bringing this bill forward. I urge my Etheridge, and said, I have got an op- ty, which I am fortunate enough to colleagues to support this bill. portunity for you. They weren’t talk- represent as part of North Carolina’s Mr. Speaker, I reserve the balance of ing about how they could become mil- Eighth District, but they have also in- my time. lionaires or how they could invest fluenced the State of North Carolina Mr. ROE of Tennessee. Mr. Speaker, I moneys. and this great Nation of ours. yield myself as much time as I may No, it was something much more im- Mr. ROE of Tennessee. Mr. Speaker, consume. portant than that. They were talking just to dovetail, I do remember, I be- Mr. Speaker, I rise today in support about education. They were talking lieve Charlie Scott played in the old of House Resolution 660, recognizing about educating African American ABA for the Virginia Squires. I have the distinguished history of the youth at a time before Brown v. Board seen him play many times, a great ath- Laurinburg Normal Industrial Insti- of Education, a time when we did not lete and a great human being. tute founded in 1904 by Emmanuel talk about equality of education. In As my colleague Mr. KISSELL from McDuffie and his wife, Tinny. some cases we didn’t talk about edu- North Carolina clearly stated, an edu- Laurinburg Institute is the oldest of cation of African American youth at cation doesn’t just affect one person. It only four historically African Amer- all. affects a family, it affects a commu- ican boarding schools still in existence This was a time in the early 1900s nity, it affects a nation. So this family in the United States. It was founded to only 40 years after the Civil War. We that has had this commitment to edu- help provide suitable education and know our Nation was going through cation for over a century is to be com- training in the common pursuits of life some tough times, and these people mended. for African Americans in the were talking about education. I urge my colleagues to support this Laurinburg, North Carolina, area. There must be something that runs resolution. At the turn of the century, strong in the McDuffie family in terms Mr. Speaker, I yield back the balance Laurinburg Institute instructed Afri- of their genetics, because not only is of my time. can American teachers and youth in this one of only four such schools that Mrs. DAVIS of California. Mr. Speak- various academic branches of study have survived till today; it is still run er, I am honored. I certainly want to and in the best methods of theoretical by the same family that started it. thank Mr. KISSELL for really giving us and practical industrial applications Four generations later of McDuffies, a more expanded view of the for agriculture and the mechanical they are still running the same school. Laurinburg Institute. I appreciate his arts. In 1956, the Laurinburg Institute They are still concerned about edu- passion and interest in it. built a new campus, integrated its fac- cation. I want to encourage my colleagues to ulty and student body, and expanded We know that the opportunity of support this resolution, House Resolu- its foreign student program, which con- education is to influence young people tion 660, recognizing the historical im- sisted of students from Russia, Africa, for generation upon generation because portance of the Laurinburg Institute. South America, and the Caribbean. It that influence never stops. Teachers Mr. Speaker, I yield back the balance also further solidified its nationally know, and one of the great rewards of of my time. and internationally recognized athletic teaching is that they know that who The SPEAKER pro tempore. The and music programs. The Laurinburg they affect may not be the person who question is on the motion offered by Institute has graduated over 50,000 stu- is in their classroom; it may be some- the gentlewoman from California (Mrs. dents. one two or three generations down that DAVIS) that the House suspend the

VerDate Nov 24 2008 00:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.024 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11538 CONGRESSIONAL RECORD — HOUSE October 21, 2009 rules and agree to the resolution, H. Mr. Speaker, I rise today in support indicates that there’s a strong link be- Res. 660, as amended. of House Resolution 836, which sup- tween teens who are juvenile offenders The question was taken. ports the goals and ideals of Teen Read and the inability to read at grade level. The SPEAKER pro tempore. In the Week from October 18 through October Teen Read Week takes place October opinion of the Chair, two-thirds being 24, 2009. 18 through 24, 2009. It was first recog- in the affirmative, the ayes have it. Teen Read Week was started in 1998 nized in 1998 and has taken place the Mrs. DAVIS of California. Mr. Speak- by the Young Adult Library Services third week of every October since that er, on that I demand the yeas and nays. Association as an initiative to encour- time. The yeas and nays were ordered. age more teens to read. Research shows Teen Read Week encourages teens to The SPEAKER pro tempore. Pursu- that strong literacy ability is cor- read for fun. Reading for fun highlights ant to clause 8 of rule XX and the related to academic success, but many the importance and enjoyment of read- Chair’s prior announcement, further of our youth are struggling to read and ing for teens and adolescents. Research proceedings on this motion will be to write at proficient levels. For in- has shown that teens who read for fun postponed. stance, 70 percent of eighth graders and are more likely to succeed in the work- f 65 percent of 12th graders do not read force than those who do not. The at grade level. I find that unacceptable, theme for Teen Read Week 2009 is b 1130 and I know that my colleague does as ‘‘Read Beyond Reality.’’ EXPRESSING SUPPORT FOR TEEN well. The inability of students to read By recognizing Teen Read Week, we READ WEEK at grade level can tremendously affect show our support for promoting teen a teenager’s decision to stay in school. literacy and encouraging teens to read. Mrs. DAVIS of California. Mr. Speak- Also, strong literacy skills help predict I am honored to support this resolu- er, I move to suspend the rules and college success in college introductory tion, and I ask my colleagues to join agree to the resolution (H. Res. 836) ex- classes. me. pressing support for Teen Read Week. Critical reading and comprehension I reserve the balance of my time. The Clerk read the title of the resolu- help students achieve their personal Mrs. DAVIS of California. I reserve tion. and professional goals. In addition to the balance of my time, Mr. Speaker. The text of the resolution is as fol- supporting Teen Read Week, this bill Mr. ROE of Tennessee. Mr. Speaker, I lows: calls for more adolescents to read in have just one comment. I have been the H. RES. 836 their free time. While teens hover mayor of a city, Johnson City, Ten- Whereas 70 percent of 8th graders and 65 around video games, wide-screen tele- nessee. A lot of information for the percent of 12th graders do not read at grade vision sets and computer screens, school system comes through us. And I level; books are collecting dust on book- was at a meeting one day, and one of Whereas for many adolescent students, on- the school board members was very ex- going difficulties with reading and writing shelves. It is vital that we continue to figure prominently into the decision to drop encourage students to read for both uberant about how we could use com- out of school; their academic and personal purposes puters, and computers are the most im- Whereas available data shows 85 percent of even though there are many things portant thing. I held my hand up, and all juvenile offenders have reading problems that do compete for their time. Teens, I said, Look, I don’t have a clue how a and approximately one-third of all juvenile parents and teachers can all play a sig- computer works, but I can read. So I offenders read below the fourth-grade level; nificant role in helping children and read the manual, and in 30 minutes or Whereas advanced literacy across content students achieve academic success. 20 minutes’ time, I’m online. areas is the best available predictor of the With that, I want to thank Rep- Reading changes lives. The statistics ability of students to succeed in introduc- tory college courses; resentative ROE for introducing this in this country are staggering. When Whereas research shows that teens who legislation. I urge my colleagues to you look at the amount of people in read for fun have better test scores and are support this bill and reserve the bal- prisons and on welfare who cannot more likely to succeed in the workforce; ance of my time. read, it is basically enslavement. We Whereas Teen Read Week encourages teens Mr. ROE of Tennessee. Mr. Speaker, I must in our education system—and I to read a book for leisure purposes; yield myself as much time as I may have thought of this many times—a Whereas Teen Read Week recognizes that consume, and I rise today in support of good education where you can read it is important for adolescents to read pro- House Resolution 836, expressing sup- may help solve the health care crisis, ficiently; and Whereas October 18 to October 24, 2009, is port for Teen Read Week. because people who can read can get a Teen Read Week: Now, therefore, be it More than 20 percent of adults read good job and provide for themselves. Resolved, That the House of Representa- below a fifth-grade level, which is well So I would encourage my colleagues tives— below the reading level needed to earn to support this and encourage the (1) supports the goals and ideals of Teen a minimum wage. Almost 44 million schools to help teach and encourage Read Week; adults in the United States don’t read teen reading. (2) recognizes that it is important for teens well enough to read a short story to I yield back the balance of my time. to be taught to read proficiently; and their child. It is estimated that illit- Mrs. DAVIS of California. Mr. Speak- (3) encourages teens to read for leisure and eracy costs U.S. taxpayers more than er, I know how important this is. We academic purposes. $20 billion per year. More than three talk to young families about the im- The SPEAKER pro tempore. Pursu- our of four of those on welfare and 68 portance of reading to their young chil- ant to the rule, the gentlewoman from percent of people arrested are illit- dren. But it’s also important that we California (Mrs. DAVIS) and the gen- erate. In U.S. prisons, three out of five continue that enthusiasm in the home tleman from Tennessee (Mr. ROE) each inmates cannot read. for their younger adults as they go will control 20 minutes. The ability to read proficiently is one through school. The Chair recognizes the gentle- of the most important skills children Kids read to learn. There are so many woman from California. and adolescents can acquire. This skill places that they can go because they GENERAL LEAVE is important to people of all ages, from can read. Often it is true that young Mrs. DAVIS of California. Mr. Speak- children just entering school to adults people have to read a lot of things in er, I request 5 legislative days during in the prime of their careers. Teen school, but they don’t often read for which Members may revise and extend Read Week highlights the importance their enjoyment. And until they start and insert extraneous materials on of encouraging teenagers to read. doing that, and they really understand House Resolution 836 into the RECORD. Research has shown that children what it can mean to them for the rest The SPEAKER pro tempore. Is there and teens who are proficient readers of their lives, they may not become the objection to the request of the gentle- perform better in almost all school kind of readers that they probably woman from California? subjects. Therefore, it follows that would want to be and would benefit There was no objection. teens who struggle to read are more from. Mrs. DAVIS of California. I yield my- likely to drop out of high school than So I’m delighted that my colleague self as much time as I may consume. those who do not. In addition, research has brought this forward. It helps us to

VerDate Nov 24 2008 00:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.026 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11539 encourage teens to continue to read. I ‘‘(C) is committed to continue making a (1) in the section heading, by striking support House Resolution 836 and urge substantial contribution toward public pol- ‘‘SCHOLARSHIP AND EXCELLENCE IN NA- my colleagues to do so. icy in the future by— TIONAL ENVIRONMENTAL POLICY’’ and in- I yield back the balance of my time. ‘‘(i) playing a significant role in developing serting ‘‘AND STEWART L. UDALL’’; and the next generation of environmental and (2) in subsection (a), by striking ‘‘Scholar- The SPEAKER pro tempore. The Native American leaders; and ship and Excellence in National Environ- question is on the motion offered by ‘‘(ii) working with current leaders to im- mental Policy’’ and inserting ‘‘and Stewart the gentlewoman from California (Mrs. prove decisionmaking on— L. Udall’’. DAVIS) that the House suspend the ‘‘(I) challenging environmental, energy, SEC. 8. EXPENDITURES AND AUDIT OF TRUST rules and agree to the resolution, H. and related economic problems; and FUND. Res. 836. ‘‘(II) tribal governance and economic Section 9(a) of the Morris K. Udall and The question was taken. issues; Stewart L. Udall Foundation Act (20 U.S.C. The SPEAKER pro tempore. In the ‘‘(6) Stewart L. Udall, as a member of Con- 5607(a)) is amended by inserting before the period at the end the following: ‘‘, including opinion of the Chair, two-thirds being gress, Secretary of the Interior, environ- mental lawyer, and author, has provided dis- a reasonable amount for official reception in the affirmative, the ayes have it. tinguished national leadership in environ- and representation expenses, as determined Mrs. DAVIS of California. Mr. Speak- mental and Native American policy for more by the Board, not to exceed $5,000 for a fiscal er, I object to the vote on the ground than 50 years; year’’. that a quorum is not present and make ‘‘(7) as Secretary of the Interior from 1961 SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY the point of order that a quorum is not to 1969, Stewart L. Udall oversaw the cre- OR OTHER ENTITY. present. ation of 4 national parks, 6 national monu- Section 11 of the Morris K. Udall and Stew- ments, 8 national seashores and lakeshores, 9 art L. Udall Foundation Act (20 U.S.C. 5607b) The SPEAKER pro tempore. Pursu- is amended by adding at the end the fol- ant to clause 8 of rule XX and the recreation areas, 20 historic sites, and 56 wildlife refuges; and lowing: Chair’s prior announcement, further ‘‘(8) it is fitting that the leadership and vi- ‘‘(f) AGENCY MANAGEMENT OR CONTROL.— proceedings on this motion will be sion of Stewart L. Udall in the areas of envi- Use of the Foundation or Institute to provide postponed. ronmental and Native American policy be independent and impartial assessment, medi- The point of no quorum is considered jointly honored with that of Morris K. Udall ation, or other dispute or conflict resolution withdrawn. through the foundation bearing the Udall under this section shall not be considered to name.’’. be the establishment or use of an advisory f committee within the meaning of the Fed- SEC. 4. DEFINITIONS. eral Advisory Committee Act (5 U.S.C. MORRIS K. UDALL SCHOLARSHIP Section 4 of the Morris K. Udall and Stew- App.).’’. AND EXCELLENCE IN NATIONAL art L. Udall Foundation Act (20 U.S.C. 5602) ENVIRONMENTAL POLICY is amended— SEC. 10. ADMINISTRATIVE PROVISIONS. Section 12(a) of the Morris K. Udall and AMENDMENTS ACT OF 2009 (1) in paragraph (1), by striking ‘‘Morris K. Udall Scholarship and Excellence in Na- Stewart L. Udall Foundation Act (20 U.S.C. Mrs. DAVIS of California. Mr. Speak- tional Environmental Policy’’; 5608(a)) is amended— er, I move to suspend the rules and (2) in paragraph (5), by striking ‘‘Scholar- (1) by striking paragraph (1) and inserting pass the bill (S. 1818) to amend the ship and Excellence in National Environ- the following: Morris K. Udall Scholarship and Excel- mental Policy’’ and inserting ‘‘and Stewart ‘‘(1)(A) appoint such personnel as may be necessary to carry out the provisions of this lence in National Environmental and L. Udall’’; and (3) in paragraph (9), by striking ‘‘Scholar- Act, without regard to the provisions of title Native American Public Policy Act of 5, United States Code, governing appoint- 1992 to honor the legacy of Stewart L. ship and Excellence in National Environ- mental Policy’’ and inserting ‘‘and Stewart ments in the competitive service; and Udall, and for other purposes. L. Udall’’. ‘‘(B) fix the compensation of the personnel appointed under subparagraph (A) at a rate The Clerk read the title of the bill. SEC. 5. ESTABLISHMENT OF FOUNDATION. not to exceed the maximum rate for employ- The text of the bill is as follows: Section 5 of the Morris K. Udall and Stew- ees in grade GS–15 of the General Schedule S. 1818 art L. Udall Foundation Act (20 U.S.C. 5603) under section 5332 of title 5, United States is amended— Be it enacted by the Senate and House of Rep- Code, except that up to 4 employees (in addi- (1) in the section heading, by striking resentatives of the United States of America in tion to the Executive Director under section ‘‘SCHOLARSHIP AND EXCELLENCE IN NA- Congress assembled, 5(f)(2)) may be paid at a rate determined by TIONAL ENVIRONMENTAL POLICY’’ and in- SECTION 1. SHORT TITLE. the Board in accordance with section 5383 of serting ‘‘AND STEWART L. UDALL’’; This Act may be cited as the ‘‘Morris K. that title.’’; (2) in subsection (a), by striking ‘‘Scholar- Udall Scholarship and Excellence in Na- (2) in paragraph (6), by striking ‘‘and’’ at ship and Excellence in National Environ- tional Environmental Policy Amendments the end; mental Policy’’ and inserting ‘‘and Stewart Act of 2009’’. (3) by redesignating paragraph (7) as para- L. Udall’’; and graph (8); and SEC. 2. SHORT TITLE. (3) in subsection (f)(2), by striking ‘‘the (4) by inserting after paragraph (6) the fol- Section 1 of the Morris K. Udall Scholar- rate specified for employees in level IV of lowing: ship and Excellence in National Environ- the Executive Schedule under section 5315 of ‘‘(7) to rent office space in the District of mental and Native American Public Policy title 5, United States Code’’ and inserting ‘‘a Columbia or its environs; and’’. Act of 1992 (20 U.S.C. 5601 note; Public Law rate determined by the Board in accordance 102–259) is amended to read as follows: with section 5383 of title 5, United States The SPEAKER pro tempore. Pursu- ‘‘SECTION 1. SHORT TITLE. Code’’. ant to the rule, the gentlewoman from ‘‘This Act may be cited as the ‘Morris K. SEC. 6. AUTHORITY OF FOUNDATION. California (Mrs. DAVIS) and the gen- Udall and Stewart L. Udall Foundation Section 7 of the Morris K. Udall and Stew- tleman from Tennessee (Mr. ROE) each Act’.’’. art L. Udall Foundation Act (20 U.S.C. 5605) will control 20 minutes. SEC. 3. FINDINGS. is amended— The Chair recognizes the gentle- Section 3 of the Morris K. Udall and Stew- (1) in subsection (a)(5)— woman from California. art L. Udall Foundation Act (20 U.S.C. 5601) (A) in subparagraph (C), by striking ‘‘and’’ GENERAL LEAVE is amended— at the end; (1) in paragraph (3), by striking ‘‘and’’ at (B) in subparagraph (D), by striking the pe- Mrs. DAVIS of California. Mr. Speak- the end; riod at the end and inserting ‘‘; and’’; and er, I request 5 legislative days during (2) in paragraph (4), by striking the period (C) by adding at the end the following: which Members may revise and extend at the end and inserting a semicolon; and ‘‘(E) to conduct training, research, and and insert extraneous material on Sen- (3) by adding at the end the following: other activities under section 6(7).’’; and ate 1818 into the RECORD. ‘‘(5) the Foundation— (2) by striking subsection (b) and inserting The SPEAKER pro tempore. Is there ‘‘(A) since 1995, has operated exceptional the following: objection to the request of the gentle- scholarship, internship, and fellowship pro- ‘‘(b) UDALL SCHOLARS.—Recipients of woman from California? grams for areas of study related to the envi- scholarships, fellowships, and internships under this Act shall be known as ‘Udall There was no objection. ronment and Native American tribal policy Mrs. DAVIS of California. I yield my- and health care; Scholars’, ‘Udall Fellows’, and ‘Udall In- ‘‘(B) since 1999, has provided valuable envi- terns’, respectively.’’. self such time as I may consume. ronmental conflict resolution services and SEC. 7. ESTABLISHMENT OF TRUST FUND. Mr. Speaker, I rise today in support leadership through the United States Insti- Section 8 of the Morris K. Udall and Stew- of Senate 1818, which enhances the tute for Environmental Conflict Resolution; art L. Udall Foundation Act (20 U.S.C. 5606) Morris K. Udall Foundation and honors and is amended— the life of Stewart L. Udall.

VerDate Nov 24 2008 01:21 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.028 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11540 CONGRESSIONAL RECORD — HOUSE October 21, 2009 The Morris K. Udall Foundation was Mr. Udall and help educate new genera- vote and a similar measure, H.R. 1000 was in- established by Congress in 1992 and is tions to protect the environment. The troduced in the House by Representative El- an independent Federal agency based foundation works to increase the eanor Holmes Norton with 286 co-sponsors; in Tucson, Arizona, which operates ex- awareness of our Nation’s natural re- and Whereas the President signed the bill on ceptional educational programs fo- sources, foster a greater recognition July 1, 2008, and it became Public Law 110– cused on developing leadership on envi- and understanding of the role of the en- 260: Now, therefore, be it ronmental and Native American issues. vironment in the development of our Resolved by the Senate (the House of Rep- The Udall Foundation includes the Nation, and, through the U.S. Institute resentatives concurring), only entity within the Federal Govern- for Environmental Conflict Resolution, SECTION 1. USE OF THE ROTUNDA OF THE CAP- ment focused on preventing, managing provide mediation and other services to ITOL FOR THE PRESENTATION OF and resolving Federal environmental resolve environmental disputes involv- THE CONGRESSIONAL GOLD MEDAL. The rotunda of the United States Capitol is conflicts. ing Federal agencies. Finally, the foun- authorized to be used on October 28, 2009, for The legislation today will enhance dation also supports several edu- the presentation of the Congressional Gold the foundation’s programs and oper- cational programs that help students Medal to former Senator Edward Brooke. ations. It will also honor one of the in environmental programs in under- Physical preparations for the conduct of the greatest public servants in history, graduate and graduate school. ceremony shall be carried out in accordance Stewart L. Udall, by adding his name As previously noted when we took up with such conditions as may be prescribed by to the foundation with that of his late the House version of this bill, the legis- the Architect of the Capitol. brother, Morris K. Udall. lation before us honors Stewart L. The SPEAKER pro tempore. Pursu- Through its education programs, the Udall’s service to the Nation by adding ant to the rule, the gentleman from Udall Foundation identifies and edu- his name to the foundation, making it Pennsylvania (Mr. BRADY) and the gen- cates tomorrow’s leaders in fields that the Morris K. Udall and Stewart L. tleman from California (Mr. DANIEL E. are critical to the energy, climate Udall Foundation. Mr. Udall served in LUNGREN) each will control 20 minutes. change and economic issues facing our Congress and in the administration and The Chair recognizes the gentleman Nation. The programs include the pre- then continued his work for the envi- from Pennsylvania. mier college scholarship and doctoral ronment in the private sector. GENERAL LEAVE fellowship for studies related to the en- I thank the gentlelady from Cali- Mr. BRADY of Pennsylvania. Mr. vironment and a scholarship for Native fornia, and I urge my colleagues to sup- Speaker, I ask unanimous consent that Americans studying tribal policy or port this bill. all Members have 5 legislative days in health care; the Native American Con- I yield back the balance of my time. which to revise and extend their re- gressional Internship program; it in- Mrs. DAVIS of California. Mr. Speak- marks and include extraneous matter cludes the Native Nations Institute for er, I urge passage of Senate 1818, and I on the resolution under consideration. Leadership, Management and Policy yield back the balance of my time. The SPEAKER pro tempore. Is there known as the NNI; and the Parks in The SPEAKER pro tempore. The objection to the request of the gen- Focus program. question is on the motion offered by tleman from Pennsylvania? The work of the Udall Foundation the gentlewoman from California (Mrs. There was no objection. has become even more important DAVIS) that the House suspend the Mr. BRADY of Pennsylvania. I yield today. As the Nation seeks long-term rules and pass the bill, S. 1818. myself such time as I may consume. solutions, the 1,000-some Udall Scholar The question was taken; and (two- Mr. Speaker, this measure allows for alumni, who are chosen in part for thirds being in the affirmative) the a Congressional Gold Medal ceremony their demonstrated commitment to rules were suspended and the bill was for the first elected African American public service, will clearly be in the passed. to the Senate, Edward Brooke. Senator forefront of clean energy and climate A motion to reconsider was laid on Brooke was first elected from Massa- change response activities for our na- the table. chusetts to the Senate in 1966 and tional needs. served two terms. f This bill will continue to provide sup- While a Member of the Senate, port for the Udall Foundation’s impor- b 1145 Brooke championed extension of the tant mission, and it recognizes the un- Voting Rights Act, the Equal Employ- AUTHORIZING USE OF CAPITOL surpassed contributions of Stewart L. ment Opportunity Commission, and ROTUNDA FOR PRESENTATION Udall by adding his name to the foun- women’s rights. Most notably, he OF CONGRESSIONAL GOLD dation’s title. fought to retain Title IX of the 1972 MEDAL TO FORMER SENATOR Stewart Udall served in this House of Education Act which guarantees equal EDWARD BROOKE Congress from 1955 and was appointed education opportunity for girls and Secretary of the Interior in 1961 by Mr. BRADY of Pennsylvania. Mr. women. He also was a champion of af- President John F. Kennedy. As Sec- Speaker, I move to suspend the rules fordable housing, resulting in the 1969 retary of the Interior, Stewart Udall and concur in the concurrent resolu- amendment to limit the amount of out- had an unmatched record of environ- tion (S. Con. Res. 43) authorizing the of-pocket expenses for public housing mental leadership, overseeing the cre- use of the rotunda of the Capitol for tenants. ation of four national parks, six na- the presentation of the Congressional After Senator Brooke’s defeat in 1978, tional monuments, eight national sea- Gold Medal to former Senator Edward it would be 14 years before the second shores and lakeshores, nine rec- Brooke. African American would be elected to reational areas, 20 historic sites and 56 The Clerk read the title of the con- the Senate. wildlife refuges. It is quite an accom- current resolution. I congratulate Senator Brooke on his plishment. The text of the concurrent resolution service, and I urge all Members to sup- Again, Mr. Speaker, I want to express is as follows: port the resolution. my support for Senate 1818, and I urge S. CON. RES. 43 I reserve the balance of my time. my colleagues to support this very im- Whereas Edward William Brooke III was Mr. DANIEL E. LUNGREN of Cali- portant bill. the first African American elected by pop- fornia. Mr. Speaker, I yield myself such I reserve the balance of my time. ular vote to the United States Senate and time as I may consume. Mr. ROE of Tennessee. Mr. Speaker, I served with distinction for 2 terms from Jan- Mr. Speaker, I am very pleased to yield myself as much time as I may uary 3, 1967, to January 3, 1979; support this resolution authorizing the consume. Whereas on March 29, 2007, the United use of the rotunda of the Capitol for Mr. Speaker, I rise today in support States Senate passed S. 682, sponsored by the the presentation of the Congressional late Senator Edward M. Kennedy with 68 co- Gold Medal to the distinguished former of S. 1818, a bill that amends the Morris sponsors, by unanimous consent, to award K. Udall Scholarship and Excellence in Senator Brooke the Congressional Gold Senator, Edward Brooke. Environmental Policy Act. Medal; Edward Brooke, III, was born here in The Morris K. Udall Foundation was Whereas on June 10, 2008, the House passed Washington, D.C., in October of 1919. created by Congress in 1992 to honor S. 682 under suspension of the rules by voice He graduated from Dunbar High School

VerDate Nov 24 2008 03:04 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.030 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11541 and attended Howard University, grad- ing on his time in public service, he Democrats in the Senate, and I uating in 1941. It was after the attack once stated, ‘‘I was proud to be a Re- thought it would be quite appropriate on Pearl Harbor that he served with publican, but my ultimate loyalty was to give him the medal now in the year the 336th Combat Infantry Regiment, to certain goals and ideals, not to that we are seeking to pass the D.C. fighting in the Italian campaign and party.’’ Voting Rights Act, which he cospon- earning a Bronze Star in 1943. Mr. Speaker, one week from today we sored time and again when he was in After the war, he earned two law de- will honor an extremely worthy man in the Senate. grees from Boston University Law the rotunda. His life, his commitment, So, his modesty notwithstanding, we School, serving as editor of the Law his perseverance, his dedication, they started down this road, got our two- Review. It was while practicing law in all serve as an example and an inspira- thirds in the House as well, and we are Boston that he ran for but was defeated tion for us to emulate. about now to welcome this historic fig- twice, attempting to serve in the Mas- I thank my chairman for bringing ure home again. Remember, we have sachusetts Legislature, and then once this to the floor. I urge my colleagues had only three African American Sen- again trying to become secretary of to join me in supporting this important ators and the first African American state. But he was undeterred. authorization. President, and he is going to be here, In 1961, he chaired the Boston Fi- I reserve the balance of my time. because he recognizes the historic sig- nance Commission, charged with root- Mr. BRADY of Pennsylvania. Mr. nificance of Senator Brooke’s life. You should know, however, that this ing out corruption, and was then elect- Speaker, I yield 4 minutes to the gen- man came through the fire to where he ed attorney general the next year. He tlewoman from the District of Colum- ORTON). is. Yes, he was born to parents who was the first African American in this bia (Ms. N Ms. NORTON. I thank the gentleman worked in the government and edu- country to serve as a State attorney not only for yielding, but for his work cated their children, but he went off to general, and was then reelected to the in bringing this matter to the floor, fight in World War II in the 366th Com- post in 1964. and I associate myself with his re- bat Infantry Regiment, which was a In 1966, he ran for Senator in Massa- marks and with the remarks of my segregated regiment. He advanced to be chusetts as a Republican. He was suc- good friend on the other side of the a combat decorated officer. He went to cessful and his election was historic. aisle. law school at Boston University School When Vice President Hubert Humphrey Seldom do we get an opportunity to of Law and edited their Law Review, administered his oath of office, Sen- applaud and find an appropriate way to and that is how they got the prize that ator Brooke became the first African recognize a truly historic figure. That is Edward Brooke there in the first American Senator in the United States is what we are about to do a week from place. Senate since 1881 and the first African today when we give our highest honor, The SPEAKER pro tempore. The American popularly elected to the Sen- the Congressional Gold Medal, to time of the gentlewoman has expired. ate in our Nation’s history. He served former Senator Edward W. Brooke. Mr. BRADY of Pennsylvania. I will in the Senate from 1967 to 1979. Senator Kennedy would very much yield the gentlewoman 2 more minutes. During his tenure in office, he drew have wanted to be present next Ms. NORTON. Not only was Edward from his war experience and was a tire- Wednesday. He quickly gathered his Brooke the first African American to less proponent of equal justice under two-thirds of the signatures on his side serve in the Senate, Senator Brooke the law. His regiment in World War II to give the medal to Senator Brooke, began by breaking barriers. He was the had only been comprised of African the first African American to be popu- first African American in the United Americans, and he was quoted as say- larly elected to the United States Sen- States to be elected as State attorney ing, ‘‘In every regard, we were treated ate. We are aware that there were Afri- general and the first to be elected to as second class soldiers, if not worse, can Americans in the Senate during statewide office. and we were angry. I felt a personal the Civil War, but that was before the Here is a man that made the most of whatever office he had. That was the frustration and bitterness I had not South had come back into the Union. time of the famous ‘‘Boston Strangler’’ known before in my life.’’ So 100 years or so were to go by before case, and Senator Brooke adopted a But rather than remain bitter, he another African American was to be very broad notion of his role as attor- served with great honor in the various elected. offices to which he was elected. While But what an improbable man; a Re- ney general and the State’s chief law in office, he was appointed by Presi- publican from the then Democratic, enforcement officer by bringing the dent Johnson to serve on the famous still Democratic State of Massachu- county district attorneys together, the Kerner Commission, was a cosponsor of setts, where only 2 percent of the resi- fragmented police forces, and coordi- the Fair Housing Act of 1968, and dents were African American. It is a nating the multiple jurisdictions to fought for the renewal of the historic tribute to the State of Massachusetts, successfully conclude that massive in- Voting Rights Act. to be sure. It is a tribute to the Repub- vestigation. After his service in the Senate, he lican Party that a man of this quality b 1200 chaired the National Low Income would step forward. It was 1966 that he prepared to come Housing Coalition, he practiced law, My interest, of course, comes from to the Senate. We were just passing the and served on the Wartime Relocation his roots. Senator Edward Brooke was civil rights laws which he, himself, and Internment of Civilians Commis- born and raised in the District of Co- helped engineer; and in 1967 he came to sion. I was honored to serve with Sen- lumbia. He is who he is because he was the Senate, and the list of laws he is ator Brooke on that commission al- born in the segregated District of Co- responsible for is indeed long: his lead- most 20 years ago. The work we did was lumbia, overcame those barriers and ership on the 1968 Housing Act; his immensely important in attempting to went on to see his life for what he leadership in the battle to uphold the ascertain fundamental justice, an his- could make of it. Voting Rights Act; the Brooke amend- toric record for those Japanese Ameri- Senator Brooke is going to be 90 ment, providing that tenants of public cans who were interned during World years old 2 days before the Congress housing pay no more than 25 percent of War II. Senator Brooke’s presence was awards this medal. He is in extraor- their income for housing; his leader- immeasurable in the process of bring- dinary shape. I love to hear him talk, ship on the creation of Washington’s ing the legislation to completion. because he talks with such eloquence, Metro system, which most of the staff Senator Brooke had a fiercely inde- as if he were still on the Senate floor. here use, and much more. pendent mind and he garnered respect But it should be known that Senator Senator Brooke has written his auto- from persons holding all philosophical Brooke has had breast cancer, and ob- biography, published in 2007, ‘‘Bridging persuasions. Senator Kennedy and Rep- viously he has some of the infirmities the Divide, My Life, Senator Edward resentative HOLMES NORTON both spon- associated with age. Among those, W. Brooke.’’ It certainly would be a sored resolutions granting this Con- however, is not his signature modesty. marriage of historical events if we gressional Gold Medal. It is my distinct He has worked diligently for the D.C. were, as I believe we will, to pass the pleasure to join them in honoring Sen- House Voting Rights Act, which we are D.C. Voting Rights Act in this very ator Brooke. close, if we just continue, to finally year that Senator Edward Brooke, who As a fellow Republican, I humbly and getting this year. He called some of his championed the rights of the city and proudly share his philosophy. Reflect- friends, his fellow Republicans and of all Americans, is honored here.

VerDate Nov 24 2008 01:19 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.033 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11542 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Mr. DANIEL E. LUNGREN of Cali- award of national appreciation from the U.S. Mr. DANIEL E. LUNGREN of Cali- fornia. I reserve the balance of my Congress, than my friend, the former Senator fornia. Mr. Speaker, on that I demand time. of my state, Ed Brooke. the yeas and nays. Mr. BRADY of Pennsylvania. I yield Throughout Senator Brooke’s life, he has The yeas and nays were ordered. 2 minutes to the gentleman from Mas- worked to bridge the great divides in our coun- The SPEAKER pro tempore. Pursu- sachusetts (Mr. MCGOVERN). try. ant to clause 8 of rule XX and the Mr. MCGOVERN. I just wanted to In 1966, in the crucible of racism, prejudice, Chair’s prior announcement, further come to the floor as a native of Massa- and segregation, Senator Edward W. Brooke proceedings on this motion will be chusetts to say how proud I am that we stood as an embodiment of the change our postponed. will honor Edward Brooke with a Con- country needed to move beyond the dark leg- f gressional Gold Medal. And I am proud acy of racial discrimination and prejudice in COMMEMORATING SALVADORAN of all the accomplishments of Senator America. The first popularly elected African- JESUITS ON THE 20TH ANNIVER- Brooke. He was a Republican, and I’m America Senator, Senator Brooke’s election SARY OF THEIR DEATHS a Democrat and I come from a family stood as an example of what our nation could of Democrats. But my very first vote be when he noted that the voters of Massa- Ms. WATSON. Mr. Speaker, I move to when I was eligible to vote was for Sen- chusetts saw beyond skin color to ‘‘judge you suspend the rules and agree to the reso- ator Brooke. And I voted for him in on your merit and your worth alone’’. lution (H. Res. 761) remembering and spite of the fact that he was a Repub- When asked to comment on what many commemorating the lives and work of lican. considered to be an improbable electoral vic- Jesuit Fathers Ignacio Ellacuria, I voted for him because I believed in tory, Senator Brooke responded by saying he Ignacio Martin-Baro, Segundo Montes, him and I believed in what he stood for. was committed to ‘‘unite men who have not Amando Lopez, Juan Ramon Moreno, I admired his being a champion of civil been united before.’’ Throughout his tenure in Joaquin Lopez y Lopez, and house- rights, of human rights. I admired his the U.S. Senate, Senator Brooke did just that. keeper Julia Elba Ramos and her work on the Voting Rights Act and so Senator Brooke sought to reduce the eco- daughter Celina Mariset Ramos on the many other areas. He was a historic nomic and racial division in our country, par- occasion of the 20th anniversary of figure, it has been pointed out the first ticularly in the area of U.S. housing policy. their deaths at the University of Cen- popularly elected African American to Senator Brooke co-authored the Fair Housing tral America Jose Simeon Canas lo- serve in the United States Senate. But Act of 1968, which prohibited discrimination in cated in San Salvador, El Salvador on he was a man who had the common the sale, rental, and financing of housing November 16, 1989, as amended. touch and who represented the people based on race, religion, or national origin. Still, The Clerk read the title of the resolu- of Massachusetts with great dignity, to this very day, the Fair Housing Act remains tion. and I am proud that my first vote was a cornerstone of our housing policy. The text of the resolution is as fol- for Ed Brooke. I look forward to being On all issues of justice and equality, regard- lows: there when he is honored. H. RES. 761 But I wanted to just say, as some- less of sex, race, or religion, there has been body from Massachusetts, that this is a no stronger advocate. When Title IX of the Whereas in the early morning hours of No- vember 16, 1989, six Jesuit priests and faculty really special tribute for an extraor- 1972 Education Act was in jeopardy in the Senate, Senator Brooke took the lead to en- members of the Universidad Centro- dinary man. And I am very proud that americana Jose´ Simeon Can˜ as (UCA) located this House is doing that. sure that women and girls would be guaran- teed equal educational opportunities. When in San Salvador, El Salvador—Father Mr. DANIEL E. LUNGREN of Cali- Ignacio Ellacurı´a, Ignacio Martin-Baro´ , fornia. Mr. Speaker, I yield myself such the extension and expansion of the Voting Segundo Montes, Amando Lo´ pez, Juan time as I may consume. Rights Act came before the Senate in 1975, it Ramon Moreno, and Joaquı´n Lo´ pez y Lo´ pez— Mr. Speaker, I just want to say that was the respected voice of Senator Brooke and housekeeper Julia Elba Ramos and her I enjoyed the remarks of the gentleman that helped to garner an extension of the Vot- daughter, Celina Mariset Ramos, were exe- from Massachusetts (Mr. MCGOVERN). I ing Rights Act. Whenever there was an oppor- cuted by members of the Salvadoran Army; would just make one correction. He tunity to protect and defend the fundamental Whereas Father Ignacio Ellacurı´a, 59, was said that Senator Brooke was a Repub- civil rights of Americans who had suffered since 1979 rector of the UCA, and an inter- from discrimination, Senator Brooke was nationally-respected intellectual and advo- lican. As far as I understand he still is cate for human rights and a negotiated solu- a Republican. And one of the things I there, serving as a powerful voice for justice. tion to the Salvadoran civil conflict; was looking forward to when I was first Thirty years later, Senator Brooke’s legacy Whereas Father Ignacio Martin-Baro´ , 44, elected in 1978 was joining people in my is reflected by an America that is very different was the vice rector of the UCA, a leading an- party such as Senator Brooke and hav- from the nation that existed when he first ar- alyst of national and regional affairs, the ing an opportunity to work with him. rived in the Senate, an America which has founder and director of the respected polling I was saddened in 1978 when he lost made enormous progress in breaking down organization, the Public Opinion Institute, for reelection at that point in time, but the barriers of racial discrimination and in- former Dean of Students, Dean of the Psy- then was privileged to work with him equality that once divided our nation. chology Department, an internationally re- Today, Mr. Speaker, I stand to support and nowned pioneer in the field of social psy- on that national commission. And I chology and pastor of the rural community found him to be a gentleman above all, recognize a great leader, who never lost his of Jayaque; a real gentleman with a soft-spoken passion for bridging our nation’s divides by Whereas Father Segundo Montes, 56, was manner who listened to what others uniting men and women under the belief that Dean of the Department of Social Sciences had to say, did not put himself out we all are created equal. and a sociology professor at the UCA, and front, but tried to get to the business Mr. DANIEL E. LUNGREN of Cali- the founder and director of the Human at hand in a very intelligent, very dedi- fornia. I yield back the balance of my Rights Institute at the UCA (IDHUCA), who cated, very persistent way. time. did extensive work on Salvadoran refugees in So this is truly an honor, not only for Mr. BRADY of Pennsylvania. Mr. the United States during the period of the Speaker, I urge the passage of S. Con. Salvadoran conflict, including providing doc- him, but for this Congress that we are umentation and advice to United States recognizing the service of this great Res. 43 and yield back the balance of Members of Congress on refugee issues; American at this time and that we’re my time. Whereas Father Amando Lo´ pez, 53, was a doing it with the congressional honor, The SPEAKER pro tempore (Mr. philosophy and theology professor at the and that we will have this here in the SALAZAR). The question is on the mo- UCA, former director of the Jesuit seminary rotunda of the United States. tion offered by the gentleman from in San Salvador, and served as pastor of the Mr. MARKEY of Massachusetts. Mr. Speak- Pennsylvania (Mr. BRADY) that the Tierra Virgen community in Soyapango, a er, I rise today in support of S. Con. Res. 43, House suspend the rules and concur in poor neighborhood in the periphery of San a resolution authorizing the use of the rotunda the concurrent resolution, S. Con. Res. Salvador; Whereas Farther Juan Ramon Moreno, 56, of the Capitol for the presentation of the Con- 43. was a professor of theology at the UCA, gressional Gold Medal to former Massachu- The question was taken. former novice-master for the Jesuits, and a setts Senator Edward W. Brooke III. The SPEAKER pro tempore. In the tireless pastoral worker and spiritual guide; There are few individuals more deserving of opinion of the Chair, two-thirds being Whereas Father Joaquı´n Lo´ pez y Lo´ pez, 71, a Congressional Gold Medal, the highest in the affirmative, the ayes have it. was one of the creators of the UCA and the

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founder, organizer, and director of Fe y served the November 16th anniversary of GENERAL LEAVE Alegrı´a (Faith and Joy) to address the lack those murders; Ms. WATSON. Mr. Speaker, I ask of education in El Salvador, which opened 30 Whereas in the United States, El Salvador, unanimous consent that all Members educational centers in marginalized commu- and around the world university programs, may have 5 legislative days to revise nities throughout the country where 48,000 academic and scholarly institutes, libraries, people received vocational training and edu- research centers, pastoral programs, spir- and extend their remarks and include cation; itual centers, and programs dedicated to edu- extraneous material on the resolution Whereas Julia Elba Ramos, 42, was the cational achievement, social justice, human under consideration. cook and housekeeper for the Jesuit semi- rights, and alleviating poverty have been The SPEAKER pro tempore. Is there narians at the UCA and wife of Obdulio dedicated in the names of the murdered Je- objection to the request of the gentle- Lozano, the UCA gardener and suits; woman from California? groundskeeper; Whereas the international and Salvadoran There was no objection. Whereas Celina Mariset, 16, had finished outcry in response to the deaths of the six Ms. WATSON. Mr. Speaker, I rise in her first year of high school at the Jose´ Jesuits and two women and the subsequent strong support of this resolution and Damian Villacorta Institute in Santa Tecla, investigations into this crime served as a El Salvador, and was staying with her moth- catalyst for negotiations that led to the yield myself as much time as I may er the night of November 15, 1989; signing of the 1992 Peace Accords, which consume. Whereas the six Jesuit priests dedicated have allowed the Government and the people On November 16, 1989, in the midst of their lives to advancing education in El Sal- of El Salvador to achieve significant El Salvador’s 12-year-long civil war, six vador, protecting and promoting human progress in creating and strengthening Jesuit priests, their housekeeper, and rights and the end of conflict, and identi- democratic political, economic, and social her teenage daughter were murdered in fying and addressing the economic and social institutions; and San Salvador by members of the Salva- problems that affected the majority of the Whereas November 16, 2009, marks the 20th Salvadoran population; doran Army. On the 20th anniversary of anniversary of the deaths of these eight spir- this heinous crime, the resolution we Whereas the six Jesuit priests, as faculty itual, courageous, and generous priests, edu- and administrators at the UCA, educated cators, and laywomen: Now, therefore, be it consider today calls upon us to remem- many students throughout the 1970s and Resolved, That the House of Representa- ber and honor their lives and their 1980s, students who subsequently became tives— work. Salvadoran government, political, and civil (1) remembers and commemorates the lives The six priests were well known society leaders, and thus helped facilitate and work of Father Ignacio Ellacurı´a, internationally for their work in sup- communication, dialogue, and negotiations Ignacio Martin-Baro´ , Segundo Montes, even during the turbulent years of the armed port of human rights, social justice, Amando Lo´ pez, Juan Ramon Moreno, conflict; peace and caring for refugees and the Joaquı´n Lo´ pez y Lo´ pez, Julia Elba Ramos, Whereas these six priests and two women internally displaced. They worked tire- and Celina Mariset Ramos; joined the more than 75,000 noncombatants lessly to end the conflict that had torn (2) extends sympathy to the families, who perished during the Salvadoran civil friends, colleagues, and religious commu- apart their country for over a decade. war; nities of the six Jesuit priests and two As scholars, researchers and advocates, Whereas on December 6, 1989, United laywomen; they identified and addressed the many States Speaker of the House of Representa- (3) recognizes the continuing academic, tives Thomas Foley appointed a Special economic and social problems that af- spiritual, and social contributions of the Task Force on El Salvador consisting of 19 fected the majority poor of El Sal- ´ Members of the House of Representatives, University of Central America Jose Simeon vador. ˜ chaired by Representative John Joseph Canas (UCA) in San Salvador, El Salvador; Upon learning of their murders, Moakley of Boston, Massachusetts, to mon- (4) further recognizes the 28 Jesuit colleges Speaker of the House Tom Foley ap- and universities in the United States for itor the Salvadoran government’s investiga- pointed a special task force on El Sal- tion into the murders of the Jesuit priests their solidarity with the UCA and annual re- membrance of those killed twenty years ago; vador consisting of 19 Members of the and two women and to look into related House and chaired by Congressman Joe issues involving respect for human rights (5) remembers the seminal reports by and judicial reform in El Salvador; Chairman John Joseph Moakley and the Moakley of Boston, Massachusetts. The Whereas the Speaker’s Task Force on El Speaker’s Special Task Force on El Salvador special task force was charged with Salvador found that members of the High in investigating the murders of the six monitoring the Salvadoran Govern- Command of the Salvadoran military were priests and two laywomen; ment’s investigation into the eight responsible for ordering the murder of the (6) acknowledges the role played by the murders. Jesuits and two women and for obstructing Speaker’s Special Task Force, Congressman John Joseph Moakley, the Jesuit leadership Six of our colleagues who served on the subsequent investigation into the the Speaker’s special task force still crimes; of the UCA, and the Salvadoran judicial in- Whereas the United Nations Commission vestigation and convictions in advancing ne- serve today in the 111th Congress. They on the Truth for El Salvador (Truth Commis- gotiations to end the war in El Salvador; are Congressmen STENY HOYER, JIM sion) was established under terms of the Jan- (7) highlights the solidarity demonstrated MCDERMOTT, GEORGE MILLER, JACK uary 1992 Peace Accords that ended El Sal- by the people of the United States, academic MURTHA, DAVID OBEY and JOHN SPRATT. vador’s 12 years of war and was charged to institutions, and religious congregations We honor them for their service then investigate and report to the Salvadoran through their participation in local, na- and today and for their dedication to people on human rights crimes committed tional, and international events commemo- rating the 20th anniversary of the murders of the cause of peace, justice and human by all sides during the course of the war; rights. Whereas on March 15, 1993, the Truth Com- the six Jesuit priests and two laywomen; mission confirmed the findings of the Speak- (8) recognizes that the murdered individ- The Moakley Commission, as the er’s Special Task Force; uals dedicated their lives to addressing and Speaker’s special task force came to be Whereas on September 28, 1991, a Salva- alleviating El Salvador’s social and eco- known, issued a series of reports that doran jury found guilty of these murders two nomic inequities, and that while significant identified members of the Salvadoran Salvadoran military officers, including Sal- progress has been made during the post-war military’s high command as those re- vadoran Army Colonel Guillermo Alfredo period, social and economic hardships persist sponsible for murdering and obstruct- Benavides Moreno, the first time in Salva- among many sectors of Salvadoran society; ing the subsequent investigation into and doran history where high-ranking military the crime. The international outcry in officers were convicted in a Salvadoran court (9) supports public, private, nongovern- of law of human rights crimes; mental, and religious organizations in efforts response to the murders and the subse- Whereas the University of Central America to fulfill the legacy of the murdered Jesuits quent investigations served as a cata- Jose´ Simeon Can˜ as in San Salvador remains to reduce poverty and hunger and promote lyst for negotiations that resulted in dedicated to advancing and expanding edu- educational opportunity, human rights, the the signing of peace accords in January cational opportunity, providing the highest rule of law, and social equity for the people 1992, bringing El Salvador’s long night- quality of academic excellence in its studies of El Salvador. mare to an end. and courses, and the commitment to human The SPEAKER pro tempore. Pursu- So even in death, these brave men rights and social justice; ant to the rule, the gentlewoman from and women contributed to achieving Whereas the 28 Jesuit colleges and univer- California (Ms. WATSON) and the gen- the very peace to which they had dedi- sities in the United States, which represent many of the highest quality academic com- tleman from Arkansas (Mr. BOOZMAN) cated their lives. Since that terrible munities in the nation, have maintained a each will control 20 minutes. November day in 1989, these eight indi- sense of solidarity with the UCA and the peo- The Chair recognizes the gentle- viduals have been remembered in El ple of El Salvador and have annually ob- woman from California. Salvador and around the world. Annual

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I want to thank the chair- critical evidence in the prosecution By passing this resolution today, the man of the Foreign Affairs Committee, and conviction of some of the priest House adds its voice to that remem- HOWARD BERMAN, for all of his help and killers and I believe in creating sup- brance and extends our sympathy to support in bringing this resolution to port for the U.N.-brokered negotiations the family members, friends, col- the floor in a timely manner. I espe- that ended El Salvador’s 12-year civil leagues and religious communities who cially want to thank the chairman’s war. knew them, worked with them, loved staff person, Peter Quilter, whose ex- So it’s with deep humility and appre- them and miss them. We also remem- pertise on Latin America is so greatly ciation that I applaud the House for ber our former colleague, Congressman appreciated by so many Members on taking up this resolution today which Joe Moakley, and the seminal reports and off the committee. honors the memories and lives and issued by the Speaker’s special task Mr. Speaker, as many of my col- works of these six priests and two force that played such an important leagues know, I spent 13 years working women and the work of Congressman role in bringing to trial those respon- for our former colleague from Boston, Moakley and the Speaker’s Special sible for the murders and advancing ne- Massachusetts, Congressman Joe Task Force on El Salvador. gotiations to end the war. Moakley. I handled foreign policy The Jesuit priests dedicated their I want to thank my good friend and issues for Joe, and in the early 1980s lives to peace, to bringing the warring gentleman from Massachusetts (Mr. Joe asked me to go to El Salvador to parties inside El Salvador together to MCGOVERN) for introducing this impor- see if the stories he had been hearing end violence and the war. tant resolution, and I urge all of my from Salvadoran refugees about the A generation has now grown up in El colleagues to join me in supporting situation on the ground were true. Salvador without having known them this. or benefited from their wisdom or b 1215 Mr. Speaker, I reserve the balance of humor, but every year on November 16, my time. As I prepared for the trip, whenever I their lives and work are remembered in Mr. BOOZMAN. Mr. Speaker, I yield asked who should I see and talk to in El Salvador and around the world. And myself such time as I may consume. order to understand what is going on in each year, another generation of young I also want to thank Mr. MCGOVERN El Salvador, the response was always for bringing this resolution forward. I people re-dedicate themselves to work- the same: you have to go to the Univer- ing for peace and justice because of the rise today to join my colleagues in sity of Central America, otherwise commemorating the anniversary of the example and inspiration of these six known as the UCA. And that’s how I Jesuit priests. murders of six Jesuit fathers, their first met the director of the UCA, Fa- housekeeper, and her daughter on No- Mr. Speaker, I have walked on the ther Ignacio Ellacuria, and the vice site behind the Jesuits’ residence, the vember 16, 1989, in El Salvador. On the rector, Father Ignacio Martin Baro. occasion of the 20th anniversary of very ground where, 20 years ago, the When I asked Father Martin Baro bodies of my friends were discovered. their deaths, the resolution before us what was the single most important remembers and commemorates the This hallowed ground is now a beau- thing I needed to know about the lives and work of these individuals. It tiful rose garden, and each day people human rights situation in El Salvador, extends our sympathy to the families, from all over El Salvador and around he said to me, remember, we are friends, colleagues and religious com- the world come to the garden to nour- human beings, too. That meeting and munities of those whose lives were lost ish hope and renew their commitment those words forever changed my life. that day. to peace. It is used by faculty and stu- It recognizes the continuing aca- During later months and later visits, dents for meditation and repose. demic and social contributions of the I got the chance to meet with Father There is now a chapel where the six University of Central America, UCA, in Segundo Montes, an expert on the ref- priests are buried. The UCA has also San Salvador, El Salvador and the 28 ugee crisis in El Salvador, as hundreds installed a small and emotionally com- Jesuit colleges and universities in the of thousands of Salvadorans fled the vi- pelling museum dedicated to the lives United States for their solidarity and olence of the civil war and made their and deaths of these six priests, their annual remembrance of those killed 20 way to the United States. As Congress- housekeeper and her daughter. years ago. man Moakley developed legislation to Mr. Speaker, the lives and deaths of The resolution also recognizes that provide temporary protection to Salva- these priests had a profound effect on progress is being made in El Salvador, doran refugees in the United States, my own life. I knew them in life. I was but reminds us that social and eco- Father Montes testified before Con- proud to call them friends. I helped in- nomic hardships still persist among gress and provided invaluable mate- vestigate and uncover who ordered and many sectors of Salvadoran society. rials and help in documenting and un- carried out their murders. And I have Therefore, it supports the efforts of derstanding the refugee crisis. remained involved and committed to public, private, nongovernmental and Mr. Speaker, 20 years ago in the dead peace, democracy, and development in religious organizations to fulfill the of night, the Salvadoran Army entered El Salvador. legacy of the murdered Jesuits to re- the grounds of the University of Cen- I will never forget my friends or the duce poverty and hunger and promote tral America. They pulled six Jesuit role of Joe Moakley or the role the educational opportunity, human priests from their beds, including Fa- U.S. Congress played in helping El Sal- rights, the rule of law and social equity thers Ellacuria, Martin Baro, and vador end its long civil war because of for the people of El Salvador. Segundo Montes, marched them out to the impact inside and outside of El Sal- It has been a long road over the past a lawn behind their residence, they put vador that the murders of these incred- 20 years. By working together with re- high-powered rifles to their heads, and ible men had on changing the course of sponsible partners and friends, the they shot them dead in cold blood. El Salvador’s history. United States can help El Salvador to A few minutes later, these same sol- Nothing will bring my friends back overcome the obstacles that remain. diers discovered the Jesuits’ house- to life, but this resolution honoring And as long as the democratic prin- keeper and her daughter hiding in the and remembering their lives and work ciples and respect for fundamental house, and they murdered them as on this, the occasion of the 20th anni- freedoms and the rule of law remain well. versary of their deaths, is a worthy the compass for our support, I’m con- In response, then-Speaker Tom Foley tribute, and I ask my colleagues to fident that we can be successful. appointed a congressional commission, support the resolution. I reserve the balance of my time. chaired by Joe Moakley, to investigate Mr. BOOZMAN. Mr. Speaker, I yield 5 Ms. WATSON. Mr. Speaker, I yield this terrible crime. Joe asked me to be minutes to the gentleman from Lou- 51⁄2 minutes to Mr. JAMES MCGOVERN his chief investigator. And during the isiana (Mr. CAO) a member of the

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The SPEAKER pro tempore. The (H) Nguyen Thi Hong; On November 16, 1989, members of the question is on the motion offered by (I) Nguyen Van Dai; Salvadoran Army entered the the gentlewoman from California (Ms. (J) Pham Ba Hai; (K) Pham Thanh Nghien; Universidad Centroamericana Jose WATSON) that the House suspend the Simeon Canas in San Salvador and (L) Pham Van Troi; rules and agree to the resolution, H. (M) Tran Huynh Duy Thuc; massacred six Jesuit priests, their Res. 761, as amended. housekeeper, and her daughter. This (N) Truong Minh Duc; The question was taken; and (two- (O) Truong Quoc Huy; senseless mass murder was incited thirds being in the affirmative) the (P) Vu Hoang Hai; when the six priests took a stand for rules were suspended and the resolu- (Q) Nguyen Tien Trung; and social justice and against the oppres- tion, as amended, was agreed to. (R) Vu Hung. sive elements in the Salvadoran soci- A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- ety, notably the tyrannical military. the table. ant to the rule, the gentlewoman from Among the victims were Father California (Ms. WATSON) and the gen- Ignacio Ellacuria, a rector of the uni- f tleman from Arkansas (Mr. BOOZMAN) versity and an outspoken critic of the CALLING ON VIETNAM TO RE- each will control 20 minutes. Army; Father Ignacio Martin Baro, a LEASE IMPRISONED BLOGGERS The Chair recognizes the gentle- prolific writer and an intellectual on AND RESPECT INTERNET FREE- woman from California. the effects of war on the human psy- DOM GENERAL LEAVE che; Father Segundo Montes, founder Ms. WATSON. Mr. Speaker, I ask of the Human Rights Institute at UCA Ms. WATSON. Mr. Speaker, I move to unanimous consent that all Members and a congressional adviser on Salva- suspend the rules and agree to the reso- may have 5 legislative days to revise doran refugees; Father Amano Lopez, a lution (H. Res. 672) calling on the Gov- respected member of the Society of ernment of the Socialist Republic of and extend their remarks and include Jesus, gifted counselor, and a pastoral Vietnam to release imprisoned extraneous material on the resolution worker; Father Joaquin Lopez y Lopez, bloggers and respect Internet freedom. under consideration. The SPEAKER pro tempore. Is there director of the Fe y Alegria education The Clerk read the title of the resolu- objection to the request of the gentle- program in poor communities; Father tion. Juan Ramon Moreno, a theological The text of the resolution is as fol- woman from California? There was no objection. scholar and publicist; and Elba Ramos, lows: Ms. WATSON. Mr. Speaker, I rise in the Jesuits’ housekeeper, who was H. RES. 672 strong support of this resolution and killed alongside her teenage daughter, Whereas the Internet is a tool to exercise yield myself as much time as I may Celina, when she wrapped her body freedom of expression and association, both consume. around Celina trying to protect her of which are basic human rights; I would like to thank my good friend, from the shooting. Whereas the Internet is a medium to share Representative LORETTA SANCHEZ of Having spent 6 years in the Jesuit information freely, promote social and eco- order studying to become a Jesuit nomic development, and connect Vietnamese California, for her leadership in intro- priest, I have a deep appreciation for citizens domestically and internationally; ducing this important resolution. Whereas the Government of Vietnam cre- This resolution calls on the govern- the sacrifice these people made in pur- ated the Administration Agency for Radio, ment of Vietnam to release imprisoned suit of religious freedom and human Television and Electronics Information in bloggers and respect individuals’ rights rights. These eight martyrs actually October 2008 and issued Circular 07 in Decem- inspired me to join the Society of Jesus to freedom of speech and expression. ber 2008 to restrict Internet freedom, censor Over the past decade, Vietnam has in 1990 and to carry on their struggle private blogs, and compel information tech- seen an explosion in Internet use due for religious freedom and human rights nology companies to cooperate with govern- to the country’s increasing economic 19 years later. ment efforts to monitor personal informa- Today, the 28 Jesuit colleges and uni- tion of Internet users; integration and a decline in the cost of versities in the United States have an- Whereas the Government of Vietnam has access to the Internet. Today, an esti- nually observed the November 16 anni- imprisoned bloggers and numerous democ- mated 24 million of Vietnam’s 88 mil- racy activists who have distributed their lion people are online. A major leap versary of the murdered Jesuits and peaceful views over the Internet; the two murdered women. This resolu- forward for freedom of expression in Whereas the Government of Vietnam con- Vietnam has been the rise of the blogs. tion commends those institutions for tinues to firewall external websites pro- their solidarity with the UCA and ex- moting democracy and human rights; and Blogs have taken an important space tends sympathies to the families, Whereas these actions violate individuals’ in Vietnam society, providing a rare friends, colleagues, and religious com- right to freedom of speech and expression: platform for Vietnamese citizens to ex- munities of the deceased. Now, therefore, be it change ideas and debate issues outside Finally, the measure calls upon the Resolved, That the House of Representa- of the State-controlled media. President, the Secretary of State, and tives— Rather than embracing this new form (1) supports the right of Vietnamese citi- other United States Federal agencies of communication, authorities in zens to access websites of their choosing and Hanoi have chosen to join the likes of to support efforts by the Salvadoran to have the freedom to share and publish in- Government and other public, private, formation over the Internet; China, Iran, Saudi Arabia, and Egypt and religious organizations to reduce (2) calls on the Government of Vietnam to in employing a mix of detentions, regu- poverty and hunger and to promote repeal Circular 07, Article 88, and similar lations, and intimidation in order to educational opportunity, human statutes that restrict the Internet, so as to monitor users and censor views. rights, and the rule of law and social be in line with the International Covenant On October, 2008, the government equity for the people of El Salvador. on Civil and Political Rights, to which the passed a new edict that gave the police Mr. Speaker, I strongly urge my col- Socialist Republic of Vietnam is a signatory; broad authority to move against online leagues to honor the lives of these (3) calls on the Government of Vietnam to critics, including those who oppose the become a responsible member state of the ‘‘State of the Socialist Republic of human rights martyrs and support H. international community by respecting indi- Res. 761. And in the words of the Jesuit viduals’ freedom of speech, freedom of press, Vietnam.’’ Since 2002, about 30 ‘‘cyber- Fathers, ‘‘ad majoram dei gloriam.’’ and freedom of political association; and dissidents’’ have been jailed in Viet- Ms. WATSON. I continue to reserve (4) calls on the Government of Vietnam to nam. Seven of those 30 remain behind my time, Mr. Speaker. release all political prisoners, including but bars, and these people were expressing

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I am pleased to 07 in December 2008 to restrict Internet national covenant on civil and political join the bipartisan cosponsors of this freedom, to censor private blogs, and to rights to which Vietnam is a signatory. measure in calling for the release of compel information technology compa- Censoring private blogs and forcing political prisoners, including the 18 Vi- nies to cooperate with them to monitor technology companies to cooperate etnamese bloggers and cyberactivists personal information on users. Imag- with authorities to restrain critical listed in the resolution. It is also my ine, if we had that going on here in the speech threatens not just the Viet- hope that global and United States- United States, how unacceptable that namese people but Internet users ev- based Internet service providers will would be. erywhere. refuse to be complicit in the Viet- In response, I, along with the Viet- I strongly support this resolution and namese Government’s human rights nam Caucus members, sent letters to urge my colleagues to do the same. violations. Internet service providers like Google Mr. Speaker, I reserve the balance of I want to thank the gentlelady from and Yahoo, et cetera, and urged them my time. California (Ms. LORETTA SANCHEZ) for to continue advocating for the free- Mr. BOOZMAN. Mr. Speaker, I yield introducing this measure, which I doms of speech and expression on the myself such time as I may consume strongly support. Internet in Vietnam; and then I intro- and rise in support of this measure. With that, I reserve the balance of duced this resolution to raise the While the government of Vietnam my time. awareness of the lack of Internet free- was striving to secure permanent nor- Ms. WATSON. Mr. Speaker, I yield 6 dom in Vietnam. mal trade relations from the United minutes to the gentlelady from Cali- House Resolution 672 urges the Viet- States 3 years ago and World Trade Or- fornia, LORETTA SANCHEZ. namese Government to support the ganization membership in 2007, it was Ms. LORETTA SANCHEZ of Cali- right of its citizens to access Web sites given the benefit of many doubts about fornia. I thank the gentlelady from of their choosing and to repeal statutes its human rights practices. A lot of at- California, my good friend. like Circular 07 and Article 88, which tention was paid to marginal improve- Mr. Speaker, I come to the floor restrict Internet use in Vietnam. ments in personal freedoms inside today in support of my resolution, The consideration of this resolution Vietnam at that time, and in one con- House Resolution 672, which calls on comes at a perfect time. The Govern- troversial decision, the United States the Government of Vietnam to release ment of Vietnam has arrested bloggers removed Vietnam from our list of imprisoned bloggers and to respect Nguyen Ngoc Nhu Quynh, Bui Thanh Countries of Particular Concern for re- Internet freedom. Hieu, Pham Doan Trang, and many ligious freedom violations. I would like to thank, first and fore- other bloggers. Some of these bloggers, most, Chairman BERMAN and the com- like Quynh, have been released; how- 1230 b mittee staff for allowing us to bring ever, there was a condition. In ex- But once the regime in Hanoi secured this to the floor; and in particular, it’s change for their freedom, they had to the trade status that it was seeking important right now with respect to say that they would not blog about de- from the United States and multilat- what the Vietnamese Government is mocracy or new political parties or eral organizations, it stepped up its re- doing. freedoms of expression and human pression. Since then, the human rights Since I came to the Congress, I have rights. situation inside Vietnam has deterio- been a strong advocate for human Just recently, nine dissidents were rated, a fact that is readily apparent in rights in Vietnam. As a co-Chair of the convicted by the Vietnamese Govern- the Vietnamese Government’s crack- Congressional Caucus on Vietnam, my ment for publishing articles on the down on peaceful Internet dissent. fellow caucus members and I have fo- Internet which was basically just prac- Although Internet usage has grown cused on urging the Government of ticing their rights of freedom of speech among the Vietnamese people, the re- Vietnam to respect individual rights, and expression. By the way, this is all gime in Hanoi restricts services to a in particular, those of religion and of about democracy. That’s what these limited number of state-owned Internet speech and expression. blogs are about. service providers, ISPs. Government We have also worked with multiple The situation took a turn for the regulations require global Internet U.S. administrations to make human worse 2 weeks ago when Tran Khai companies who offer blogging services rights an important part of the U.S.- Thanh Thuy was forcibly denied entry to report to the government every 6 Vietnam relationship. Unfortunately, to the courthouse to attend the trial of months and to provide requested infor- instead of improving, the human rights nine democracy activists and was in- mation about individual bloggers. conditions in Vietnam continue to de- stead harassed by the Vietnamese po- The state security apparatus mon- teriorate, and I have been concerned lice. The following night, I received a itors personal e-mail and blocks many that the United States has not yet phone call that one of the democracy Web sites with political or religious taken a fervent stand against the Gov- activists, Do Ba Tan, and his wife, content that it finds disagreeable, such ernment of Vietnam’s blatant dis- Tran Khai Thanh Thuy, were beaten in as some sites connected with the regard for human rights. front of their 13-year-old daughter and Catholic Church or overseas Viet- I have been on this floor a number of imprisoned by the Vietnamese Govern- namese political groups. The Hanoi re- times, many times, many of you know ment and police. When I heard about it, gime has harassed, convicted, and im- that, to call attention in particular to I immediately called the U.S. Deputy prisoned many peaceful activists under the bloggers and to the democracy ac- Chief of Mission in Vietnam, Virginia the vague catchall provision of Article tivists in Vietnam, the ones who have Palmer, and urged her to take action 88 of Vietnam’s criminal code which been detained and imprisoned simply on this matter. Our U.S. Embassy in prohibits conducting propaganda for advocating for democracy. Vietnam responded by making inquir- against the state. The Internet has become a crucial ies about the 13-year-old daughter to Earlier this month, Vietnam con- tool for the citizens of Vietnam to be make sure that she was being taken victed nine democracy advocates, in- able to exercise their freedom of ex- care of. cluding 60-year-old Nguyen Xuan pression and association. It has become These actions are not the actions of a Nghia, who was sentenced to 6 years in a medium to share information freely, country that respects fundamental val- prison followed by 3 years of house ar- to promote social and economic devel- ues and principles of human rights and rest. These violations were an affront opment, and of course to fight for de- democracy. A country that uses vio- to the people of Vietnam and to all mocracy. However, in recent months, lence against its own citizens because

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Mr. Speaker, I yield United States, the young Vietnamese that Vietnam currently holds. as much time as he may consume to really enjoy the ability to use the The Socialist Republic of Vietnam is the gentleman from California (Mr. Internet to engage in a simple dialogue a signatory of the International Cov- ROYCE), the ranking member of the between each other with respect to enant on Civil and Political Rights Subcommittee on Terrorism, Non- ideas. adopted by the United Nations General proliferation, and Trade, and a very International press freedom groups Assembly, and yet they continue to de- long-standing advocate for human rank Vietnam alongside China and tain and imprison their own citizens rights in Vietnam. Burma, right now today, as the riskiest for using the Internet to promote de- Mr. ROYCE. I thank the gentleman countries for bloggers; and as you saw, mocracy and human rights. for yielding. human rights groups are increasingly How can a country that blatantly What brings us here today, of course, speaking out about the violent nature disregards a U.N. declaration be al- is this resolution, intended to address a of the crackdown in Vietnam on human lowed to act as the President of the Se- longstanding problem but really rights. curity Council? I believe that we, the brought to light again earlier this As I have, there are those of us who United States, must take a stand month when we had nine young have traveled to Vietnam. In the past, against Vietnam’s human rights viola- bloggers in Vietnam, all of them con- I met with the venerable Thich Quang tions. We are a beacon of freedom, of victed under Article 88 of the Govern- Do, with Le Quang Liem and with oth- democracy, and it is our responsibility ment of Vietnam’s statute, which the ers who have been involved in the issue to speak out on behalf of those who interpretation of Article 88 is in direct of religious freedom. We saw the con- have no voice. conflict with the International Cov- sequences of monks who had been beat- Mr. BOOZMAN. Mr. Speaker, I yield 5 enant on Civil and Political Rights to en, some of whom had been killed. Cer- minutes to the gentleman from Lou- which the Government of Vietnam is tainly, many of them were under arrest isiana (Mr. CAO), a member of the itself a signatory. for attempting to counter the state Homeland Security and Transportation So what is happening is that Article with respect to their assertion—Father Committees and the only Member of 88 is now being used in Vietnam as just Ly would be an example—that the this body who was born in Vietnam. a tool to basically criminalize what state should not rewrite religious text. Mr. CAO. I thank the gentleman from they call propaganda against the state, For the Buddhist faith, this is a par- Arkansas. but which is simply the free speech ticular problem because the Com- Mr. Speaker, I rise today in strong rights which are recognized everywhere munist Party in Vietnam is trying to support of House Resolution 672, call- else and to which Vietnam is a signa- change their faith by rewriting the ing on the Government of the Socialist tory to the agreement. It is being used text. The reason the venerable Thich Republic of Vietnam to release impris- to go after anyone who argues against Quang Do is under such pressure and is oned bloggers and respect Internet the concept of a one-party state. So, if under such constant attack by the freedom. you get into the realm of religious lib- state is that he objects to this. He says It is vital that the United States erty or you get into the realm of free- religious freedom should exist in this take a bold stance against the tyranny dom of association, freedom of speech, society without control by the state. of the Vietnamese Government and you suddenly run afoul of this Article Certainly, Bui Thanh Hieu and Pham more effectively promote democracy 88 and you find yourself facing a long Doan Trang would agree with this be- there and throughout the world. prison term. That is why I rise in sup- cause these two bloggers were detained While the Vietnamese Government port of House Resolution 672, because after writing in opposition to policies continues to control and stifle its citi- what this bill does is call on the Gov- by the Vietnamese Government. Now, zens, this bill lays out very specific ernment of Vietnam to release those what were they writing about? They goals that will push for freedom of imprisoned bloggers and basically to were writing about an environmental speech in Vietnam. It promotes the ac- respect Internet freedom. issue, about the new bauxite mining tions of the Vietnamese people who de- Mr. Speaker, the one-party Com- project in Vietnam’s central highlands. sire to have a say in government policy munist government in Hanoi is a serial Chinese mining in this region has al- and actions. It will repeal statutes that human rights abuser. Citizens are de- ready caused severe environmental restrict an individual’s Internet usage nied basic rights, such as the right to damage, and that damage comes at the and calls for the release of all political freedom of religion, the right to free- sole expense of the local residents in prisoners who have been incarcerated dom of speech. And like most despotic this area because this is the area that under the false pretenses of causing un- regimes, Hanoi seeks to censor all in- grows much of the coffee, rubber and so rest and disturbance. formation that it deems in any way forth in Vietnam. So, now, with the The Vietnamese Government fears damaging to a one-party state. runoff from these mines and the way in these changes and continues to pro- As longtime dissident Dr. Nguyen which it’s polluting the local lakes and mote backward policies that restrict Dan Que correctly stated some years the way in which it’s killing off the the Vietnamese people’s basic free- ago, he said, ‘‘The state hopes to cling vegetation, basically, you’ve created a doms. In the United States, we have to power by brainwashing the Viet- no-man’s area. It is absolutely incapa- been blessed with these rights. With namese people through stringent cen- ble of supporting any crops in the fu- these gifts comes great responsibility. sorship and through its absolutist con- ture in much of this area. It is necessary that we advocate on be- trol over what information the public Dieu Cay, another prominent half of the Vietnamese citizens who can receive.’’ blogger, also knows the lesson well, as simply hope for a better future. These are the actions of a totali- he was sentenced to 2 years for running We, as leaders of the most powerful tarian tower that has no respect for the a series of articles, exposing what? Ex- democracy in the world, must not only rights of the individual citizen. Those posing government corruption. pass this resolution, but we also must last words were mine. Now we have another introduction of pass the Vietnam human rights bill. Chinese bauxite mining on top of what We must put Vietnam back on the CPC b 1245 is already occurring that is going to list. We must require Vietnam to pay Newspapers, television and radio sta- cause further environmental damage in the $3.5 million in restitution that the tions remain under strict government the central highlands. What you basi- High Court of American Samoa adju- control in Vietnam, of course. Now, cally have is the state’s cracking down dicated 10 years ago. We must deny with a greater percentage of the popu- in Vietnam, saying nobody can tell the Vietnam the GSP status that it so de- lation seeking an alternative way to people about what’s happening to their sires until it improves its labor laws. express itself, seeking a way to even land, that nobody can tell the people

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I then introduced legislation, international covenant. ite mining. the Global Online Freedom Act, which would Despite abundant evidence to the contrary, Hanoi knows that its grip on power is prevent U.S. IT companies from enabling re- Vietnam has asserted that it has no ‘‘so-called shaky and that the ideas that these pressive governments’ Internet censorship and ‘prisoners of conscience’ ’’; that no-one is ar- journalists spread carefully chip away surveillance. The legislation was blocked in rested for criticizing the government, only for at the monopoly on power which the two successive Congresses, while, sadly, the violating Vietnam’s laws; that its national secu- state has. That’s why they spend so tempo of repression increased, and the tech- rity laws ‘‘conform to international law’’; and much time trying to shut them out. nology of repression improved. We saw this in ‘‘there is no practice of torture or degrading The practice of detaining these the Chinese government’s repression of Ti- treatment of law offenders and those under bloggers for spreading ideas like free- betan protests last spring. The government detention for investigative purposes.’’ dom and democracy is very odious. blocked Yahoo! and the video-sharing site Vietnam—a member of the U.N. Security We are here today to call on the YouTube, and ramped up its blocking of inter- Council—has made a charade of its engage- Communist Government to end this national news sites. We saw it again in that ment at the U.N. Human Rights Council. Viet- practice. That is what this resolution government’s repression of protests in nam rejected even the most benign rec- does. It calls on the Government of the Xinjiang in June of this year. Again the gov- ommendations based on the international cov- Socialist Republic of Vietnam to re- ernment cut off Internet and phone service, enants it has signed, such as allowing people lease these imprisoned bloggers and to and actively removed and altered comments to promote human rights or express their opin- respect Internet freedom. about the protests on numerous Internet fora I urge my colleagues to support it. ions. Despite Vietnam’s denials that it arbi- Ms. WATSON. Mr. Speaker, I reserve and Web sites. Then in Iran, when great num- trarily arrests and imprisons peaceful govern- the balance of my time. bers of Iranians protested the Ahmadinejad ment critics, human rights defenders, political Mr. BOOZMAN. Mr. Speaker, having government’s stealing of the election, the gov- bloggers, and independent church activists, no more speakers on the subject, I ernment responded by cutting off Internet ac- the government has arrested scores more again thank the gentlewoman from cess as well as, with mixed success, to social- since May of this year. California for bringing this important networking sites like Twitter and Facebook. Vietnam’s ongoing arrests of peaceful dis- resolution forward, which I very much Now every time a repressive government sidents and church activists—conducted even support, that of freedom in Vietnam; crushes a protest movement, or a movement as the U.N. was evaluating its human rights and I urge my fellow Members to lend for freedom or democracy, it also engages in record—shows its flagrant disregard for its their support, also. cyber-repression—the Internet is such a international human rights obligations. Member Mr. SMITH of New Jersey. Mr. Speaker, I strong force for freedom that dictatorships and states should deliver a clear message to Viet- rise today in strong support of H. Res. 672, repressive government can hardly exist with- nam that it needs to uphold its international Ms. SANCHEZ’s resolution calling on the gov- out cyber-repression. In recent years cyber-re- rights commitments. ernment of Vietnam to release imprisoned pression has emerged as no less than one of This resolution provides us with a chance to bloggers and respect Internet freedom. the most dangerous threats to human rights, rekindle our role as a human-rights advocate The resolution draws attention to the Inter- freedom, and democracy. around the world. It can show Vietnamese citi- net-restrictive practices of the government of Congress has an obligation to better ad- zens that we notice when their rights are re- Vietnam. Often, when we speak of the Internet dress this issue and help those who are suf- stricted, when their freedom is limited, and repression of the Chinese or Iranian govern- fering under Internet-restrictive governments. I when their voices are silenced. I urge my col- ment, we forget that many other nations suffer want to draw members’ attention to three leagues to vote ‘‘yes’’ on this resolution. We under Internet-restrictive governments, includ- other bills which, like H. Res. 672, deserve our have a moral responsibility to provide the Viet- ing, according to Reporters Without Borders, support: Mr. WU’s H. Res. 590, expressing namese with the same kind of freedoms we Vietnam, Cuba, Burma, Egypt, North Korea, concerns about China’s Green Dam filtering value in this country. And we have a moral re- Saudi Arabia, Syria, Tunisia, Turkmenistan, software; Mr. SHERMAN’s HR 3284, prohibiting sponsibility to protect those who value what Uzbekistan. The Vietnamese government is federal agencies from entering into procure- our men and women die for—freedom of one of the most repressive of these, and mod- ment contracts with anyone who exports com- speech. puter technology to Iran; and HR 2271, my els its apparatus of repression on that of Ms. ZOE LOFGREN of California. Mr. own Global Online Freedom Act. All of these China. According to the State Department’s Speaker, I rise today in support of H. Res. bills speak strongly, responsibly, and construc- 2009 Country Reports on Human Rights, the 672, a bill which I am proud to cosponsor. In- tively to cyber-repression. The Global Online government of Vietnam: troduced by my good friend, colleague, and Freedom Act, in the last Congress, passed all . . . monitored e-mail, searched for sen- co-chair of the Vietnam Caucus, Representa- sitive key words, regulated Internet content, of its committees and was ready for an up or tive LORETTA SANCHEZ, this legislation calls on and blocked many Web sites with political or down vote on the floor; I have improved the the Vietnamese government to respect Inter- religious content that authorities deemed bill and re-introduced it in this Congress, and net freedom and to release a number of jailed ‘‘offensive.’’ . . . Authorities continued to ask colleagues to consider sponsoring it. detain and imprison dissidents who used the I strongly support this resolution in support pro-democracy activists. Internet to publish ideas on human rights of the persecuted bloggers of Vietnam, and I am deeply concerned about Vietnam’s and political pluralism . . . The government human rights record, which shows no signs of continued to use firewalls to block some Web thank my friend for introducing it. Mr. MORAN of Virginia. Mr. Speaker, I rise improving. Just last month at its United Na- sites that it deemed politically or culturally tions Universal Periodic Review, Vietnam re- inappropriate, including sites affiliated with here today in support of House Resolution the Catholic Church, such as 672, which calls for the release of imprisoned jected 45 recommendations from member Vietcatholic.net and others operated by bloggers and Internet freedom in Vietnam. states, including the release of peaceful pris- overseas Vietnamese political groups. It is estimated that over 20 million Viet- oners of conscience and to lift internet and Mr. Speaker, this excellent resolution also namese use the Internet to organize around blogging controls and prohibitions on privately- calls on the government of Vietnam to release environmental issues, blogger freedom, labor owned media. all imprisoned bloggers and cyber activists, rights, and anti-corruption. Yet, in 2008, the This situation is unacceptable. We need to and provides the names of 18 men and Government of Vietnam launched a new enti- send a message to the Vietnamese govern- women known to be held as political prisoners ty—the Administration Agency for Radio, Tele- ment that the United States Congress does due to their use of the Internet. I have visited vision and Electronics Information—to restrict not condone its repression of free speech and former Vietnamese political prisoners, includ- Internet freedom, censor private blogs, and democracy. Using anti-propaganda laws to si- ing Father Ly and have heard first-hand about compel information technology companies to lence opposition and maintain one-party con- what they suffer in those prisons. These men cooperate with authorities. trol is not democracy and should not be toler- and women need our help, and Ms. SANCHEZ’s The Socialist Republic of Vietnam is a sig- ated. resolution will afford them a measure of pro- natory of the International Covenant on Civil I strongly urge my colleagues to support this tection. and Political Rights adopted by the United Na- bill. Mr. Speaker, the issue of Internet freedom tions, UN, General Assembly. However, this Mr. BOOZMAN. With that, I yield becomes more urgent every year. In February move to censor the Internet by the Govern- back the balance of my time.

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.043 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11549 Ms. WATSON. Mr. Speaker, I have no (1) condemns the Government of Iran for to inherit property. All Baha’i ceme- further requests for time, and I yield its state-sponsored persecution of its Baha’i teries, holy places and other commu- back the balance of my time. minority and its continued violation of the nity properties were seized soon after The SPEAKER pro tempore. The International Covenants on Human Rights; the 1979 revolution. Many sites of the question is on the motion offered by (2) calls on the Government of Iran to im- mediately release the seven leaders and all greatest historical significance to the the gentlewoman from California (Ms. other prisoners held solely on account of Baha’is have been destroyed, and the WATSON) that the House suspend the their religion, including: Mrs. Fariba graves of Baha’is have been desecrated rules and agree to the resolution, H. Kamalabadi, Mr. Jamaloddin Khanjani, Mr. throughout the country. Res. 672. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz In the spring of 2008, seven individ- The question was taken; and (two- Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid uals who had been serving as leaders of thirds being in the affirmative) the Tizfahm, Ms. Raha Sabet, Mr. Sasan Taqva, the Baha’i community on an ad hoc rules were suspended and the resolu- and Ms. Haleh Roohi; and basis were arrested and were put in tion was agreed to. (3) calls on the President and Secretary of State, in cooperation with responsible na- Tehran’s notorious Evin prison. Their A motion to reconsider was laid on trial date has been repeatedly post- the table. tions, to immediately condemn Iran’s con- tinued violation of human rights and demand poned, and it is still unclear if and f the immediate release of prisoners held sole- when they will face trial. CONDEMNING PERSECUTION OF ly on account of their religion, including Official Iranian news agencies have BAHA’IS IN IRAN Mrs. Fariba Kamalabadi, Mr. Jamaloddin reported that they are charged with es- Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, pionage for Israel, insulting Islam and Ms. WATSON. Mr. Speaker, I move to Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, with propaganda against the Islamic suspend the rules and agree to the reso- Mr. Vahid Tizfahm, Ms. Raha Sabet, Mr. republic. Family members have been lution (H. Res. 175) condemning the Sasan Taqva, and Ms. Haleh Roohi. informed of a fourth charge, that of Government of Iran for its state-spon- The SPEAKER pro tempore. Pursu- spreading corruption on Earth. Some of sored persecution of its Baha’i minor- ant to the rule, the gentlewoman from these charges could carry the death ity and its continued violation of the California (Ms. WATSON) and the gen- penalty. The circumstances of this pos- International Covenants on Human tleman from Arkansas (Mr. BOOZMAN) sible trial are particularly worrying be- Rights, as amended. each will control 20 minutes. The Clerk read the title of the resolu- cause the Government of Iran has ar- The Chair recognizes the gentle- rested and executed the Baha’i leader- tion. woman from California. The text of the resolution is as fol- ship on three previous occasions. GENERAL LEAVE lows: In addition to the seven Baha’i lead- Ms. WATSON. Mr. Speaker, I ask H. RES. 175 ers, some 25 other Baha’is also remain unanimous consent that all Members in prison, including three young people Whereas in 1982, 1984, 1988, 1990, 1992, 1994, may have 5 legislative days to revise 1996, 2000, 2006, and 2008, Congress declared in Shiraz who were arrested in 2006 for that it deplored the religious persecution by and extend their remarks and to in- indirectly teaching the Baha’i faith the Government of Iran of the Baha’i com- clude extraneous material on the reso- and for engaging in antigovernment munity and would hold the Government of lution under consideration. propaganda while merely carrying out Iran responsible for upholding the rights of The SPEAKER pro tempore. Is there a literacy program for underprivileged all Iranian nationals, including members of objection to the request of the gentle- youth. These young people are cur- the Baha’i faith; woman from California? rently serving 4-year sentences under Whereas in November 2007, the Iranian There was no objection. very harsh conditions. Ministry of Information in Shiraz jailed Ba- Ms. WATSON. I yield myself as much As the United States and the inter- ha’is Ms. Raha Sabet, 33, Mr. Sasan Taqva, time as I may consume. 32, and Ms. Haleh Roohi, 29 for ostensibly national community seek to engage ‘‘indirectly teaching the Baha’i Faith’’ and Mr. Speaker, I rise in strong support Iran on the crucial issues of non- ‘‘engaging in anti-government propaganda’’ of this resolution, and I would like to proliferation, we must not forget about while educating underprivileged children and thank my good friend, the gentleman the basic human rights of the Iranian gave them 4-year prison terms, which they from Illinois, Congressman MARK KIRK, people. International attention to the are serving; for his leadership in introducing this persecution of the Baha’is in Iran has Whereas Ms. Sabet, Mr. Taqva, and Ms. important resolution. been critical to preventing an even Rooshi were targeted solely on the basis of H. Res. 175 condemns the Govern- worse deterioration of their situation. their religion; ment of Iran for its state-sponsored Whereas, on January 23, 2008, the United As large sections of the Iranian popu- States Department of State released a state- persecution of its Baha’i minority and lation are now being increasingly re- ment urging the Iranian regime to release all of its continued violation of the inter- pressed and denied the opportunity to individuals held without due process and a national covenants on human rights. have a voice in their own country, it is fair trial, including the 3 young Baha’is Mr. Speaker, resolutions in support crucial that others in the international being held in an Iranian Ministry of Intel- of the much persecuted Baha’i commu- community speak out on their behalf ligence detention center in Shiraz; nities in the Middle East have a long and support them. I urge all of my col- Whereas in March and May of 2008, Iranian and proud tradition in the House of leagues to support this important reso- intelligence officials in Mashhad and Tehran Representatives and in the other body. arrested and imprisoned Mrs. Fariba lution. Kamalabadi, Mr. Jamaloddin Khanjani, Mr. While past resolutions have chronicled I reserve the balance of my time. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz the abuse and harassment Baha’is have Mr. BOOZMAN. I yield myself such Tavakkoli, Mrs. Mahvash Sabet, and Mr. experienced in several Middle Eastern time as I may consume. Vahid Tizfahm, the members of the coordi- countries, nowhere is the situation as Mr. Speaker, first of all, I want to nating group for the Baha’i community in dire or does it require more urgent ac- thank the gentleman from Illinois (Mr. Iran; tion than in Iran, where Baha’is are KIRK) for bringing forward this impor- Whereas these seven leaders have been im- routinely arrested and face the death tant resolution. prisoned for well over a year and are yet to penalty. I rise today in strong support of stand trial, the trial having been delayed Iran’s Baha’i community forms that multiple times; House Resolution 175, which condemns Whereas official Iranian media has an- country’s largest religious minority. It the Iranian regime’s continuing perse- nounced they will face charges of ‘‘espionage is difficult to know the exact number cution of members of the Baha’i faith, for Israel, insulting religious sanctities and because Iran has banned communal Tehran’s notoriously cruel regime, propaganda against the Islamic Republic’’; Baha’i institutions since 1983, but it is which for decades has denied the people Whereas these seven Baha’i leaders were estimated that they number over of Iran their fundamental human targeted solely on the basis of their religion; 300,000. rights and civil liberties. and Since 1979, some 200 Baha’is have While the most recent demonstration Whereas the Government of Iran is party been executed, and thousands have of the regime’s brutality and to the International Covenants on Human Rights: Now, therefore, be it been imprisoned. They have been sys- authoritarianism was the crackdown in Resolved, That the House of Representa- tematically denied jobs, pensions, ac- the aftermath of the June leadership tives— cess to higher education, and the right selection process; for years, Iran has

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.044 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11550 CONGRESSIONAL RECORD — HOUSE October 21, 2009 made a special example of the Iranian tion of their holy sites as well as forced and ministry has now registered the Baha’is, oppressing them without res- to watch their leaders being impris- address of every Baha’i and every pite. oned and executed. Baha’i business in the country. I am In addition to seizing Baha’i com- b 1300 worried that they have already labeled munal property, the Iranian Govern- Baha’i businesses as ineligible for gov- ment prohibits the community from of- Last spring, seven leaders of the ernment contracting. ficially assembling; bans them from Baha’i community were arrested and We have seen the bureaucracy of a practicing or teaching their religion; detained in Tehran’s notorious Evin new Kristallnacht formed in Iran. I excludes them from the national pen- prison. Their trial date has been re- worry that with this bureaucracy now sion system and from public univer- peatedly postponed as they languish in fully formed, we could see a tremen- sities; prevents them from inheriting prison without legal resource. Al- dous human rights abuse occur against property; and jails them on account of though no charges have been publicly hundreds of thousands of peaceful indi- their faith or on trumped-up charges of filed, Iranian news agencies report that viduals. That’s why this resolution is espionage. these individuals will be charged with so important, not just to call attention Accordingly, I urge my colleagues to ‘‘espionage for Israel, insulting Islam, to crimes that have been committed, adopt this resolution, which condemns propaganda against the Islamic Repub- but to a potential crime against hu- the Iranian regime’s despicable con- lic, and spreading corruption on manity, which, in my judgment, the duct. Earth.’’ Conviction of these crimes car- dictators of Iran are fully capable of Mr. Speaker, totalitarian regimes ev- ries a penalty of death. committing. That’s why this institu- erywhere, hiding behind the false ex- We know what happened the last tion rises to its fullest potential, un- cuse of state sovereignty, are eager to time the Iranian regime struck the derscoring the point that America is combat any progress in human rights Baha’i community leadership. In Au- not the most powerful, best nation in and freedoms and are eager to expand gust of 1980, all of the members of the the world because we are rich or have their repression as far as others will National Spiritual Assembly of the Ba- a large military, but because we rep- allow them to do. ha’is were executed. We should do all resent the moral authority of a demo- The Baha’is and countless other Ira- we can to prevent such a crime against cratic people representing the dignity nians have been robbed of a better fu- humanity from being committed again. of each individual on this planet. ture for almost 30 years by a regime As the President pursues his negotia- I urge adoption of this resolution and which offers nothing but more misery. tion policy with the brutal Iranian dic- thank the Members. Therefore, the United States must con- tators, we should not forget the kind of Ms. WATSON. Mr. Speaker, I reserve tinue to make clear in both word and people we are dealing with. Iran denies the balance of my time. deed that the spread of religious free- its citizens basic human rights and is Mr. BOOZMAN. Mr. Speaker, having dom and human rights worldwide is not persecuting its minorities and executes no more speakers on the subject, again, merely an ideal but an imperative. Now what they call apostates. If our dip- I want to thank the gentleman from Il- is the time for all responsible nations lomats ignore Iranian Baha’is and si- linois for bringing forward this very to stand four-square with the Baha’is lence the voice of Iranian human rights important resolution and urge my fel- of Iran in their moment of need. activists, America will have failed a low Members to adopt it. With that, I reserve the balance of great moral test in Iran. Mr. KUCINICH. Mr. Speaker, I rise today in my time. Today, the House of Representatives support of defending the human rights of ev- Ms. WATSON. Mr. Speaker, I reserve sends a signal to the Iranian regime, eryone throughout the world. The United the balance of my time. and it contains an important message. States must seek to uphold and protect Mr. BOOZMAN. Mr. Speaker, I yield The U.S. Congress will expose this re- human rights here at home as well as abroad. such time as he may consume to the gime that murders innocent women I stand in solidarity with the people of the gentleman from Illinois (Mr. KIRK), a and children in the streets and denies Baha’i faith and all faiths that endure persecu- member of the Committee on Appro- citizens basic human rights. To the dic- tion based on their religious beliefs. As such, priations and the author of this meas- tators in Iran we say, release your po- I strongly support the stated intention of this ure. litical prisoners, especially release resolution. Mr. KIRK. Mr. Speaker, as the author your Baha’i prisoners, and end your ig- As we aim a critical eye to the Iranian gov- of this important resolution, I rise in norant and uncultured persecution of ernment’s human rights violations, we can strong support, and I urge its adoption. the peaceful Baha’is. only do so with credibility if we turn the critical I want to thank the chairman and Mr. Speaker, I want to thank Ken eye on our own country. For example, institu- ranking member for bringing up this Bowers, the secretary general of the tionalized discrimination based on gender and resolution on the floor today, and I National Spiritual Assembly of the Ba- sexual orientation persists throughout the U.S. want to thank Mr. MCGOVERN for help- ha’is, and Juana Conrad, the deputy All human beings deserve security and equal ing garner bipartisan support for this secretary, for their steadfast devotion protection under the law. effort. to their fellow Baha’is worldwide. I Furthermore, supporting the Baha’i faith by As many of my colleagues know, my also want to thank the Local Spiritual condemning Iran is antithetical to principles district is home to the North American Assemblies in Arlington Heights, Deer- that are central to the Baha’i faith. The Baha’i Baha’i Temple located in Wilmette, Il- field, Glencoe, Glenview, Northbrook, teachings are built on the values of peace and linois. The Baha’i faith was founded in Palatine, Vernon Hills, Waukegan and unification. Condemnation, or the act of plac- Iran 165 years ago on principles of Wilmette for contributing to our com- ing blame, separates and antagonizes. Con- peace and tolerance. Baha’is are a munity and calling attention to this demnation of Iran with intent to rattle the sa- gentle and nonviolent people. They fol- human rights abuse. bers of war would not be something I support; low the teachings of Baha’u’llah, who Thank you also to Hans Hogrefe from nor do I believe it would be supported by taught respect for Moses, Jesus and Chairman BERMAN’s hardworking staff those of the Baha’i faith. Mohammad, teaching respect and tol- and Jeff Philipps and Richard Goldberg In the spirit of honoring the Baha’i faith we, erance around the world. of my staff for bringing this to the should work to end persecution. Rather than Yet, since the Iranian revolution of floor. A special thanks to Kit Bigelow condemning Iran in order to forward an ag- 1979, the Government of Iran has com- and Shastri Purushotma from the Na- gressive agenda, this body would do better to mitted a deliberate campaign of dis- tional Spiritual Assembly of Baha’is of support the efforts of the Administration to en- crimination, harassment, detention, the United States for their dedication gage Iran in high-level diplomatic negotiations. arrests, imprisonment, and the execu- and pursuit of religious freedom and Engaging Iran diplomatically honors the spirit tion of one of their largest religious human rights for Baha’is worldwide. of unity that is central to the Baha’i faith and minorities. Based solely on their reli- I cannot for the life of me think of brings us closer to peace. gious beliefs, Baha’is in Iran are now what’s going on in Iran that she would Mr. Speaker, I yield back the balance denied jobs, are robbed of pensions, are commit such crimes against 330,000 of my time. stripped of property rights, and are peaceful Baha’is in Iran. I am worried Ms. WATSON. Mr. Speaker, I have no forced to endure the barbarous desecra- that the Iranian intelligence service further requests for time.

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.045 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11551 I yield back the balance of my time. Botan Ahmed Ali Al-Hayawi, Farzana tims and families of this month’s dead- The SPEAKER pro tempore. The Barkat, Abid Rehman, Gulrukh Tahir, and ly suicide bombing at the U.N. World question is on the motion offered by Mohamed Wahab; Food Program offices in Islamabad, the gentlewoman from California (Ms. Whereas the Executive Director of the Pakistan. WFP, Josette Sheeran, called the attack ‘‘a WATSON) that the House suspend the tragedy—not just for WFP—but for the We mourn the loss of five humani- rules and agree to the resolution, H. whole humanitarian community and for the tarian aid workers who were killed in a Res. 175, as amended. hungry’’; and senseless act of violence while they The question was taken. Whereas support for food aid and other were simply trying to supply food to The SPEAKER pro tempore. In the forms of humanitarian assistance in Paki- the millions of vulnerable and hungry opinion of the Chair, two-thirds being stan is in the moral and national security in- people of Pakistan. This deadly attack in the affirmative, the ayes have it. terests of the United States: Now, therefore, by a Taliban suicide bomber on October Mr. KIRK. Mr. Speaker, on that I de- be it 5 forced the U.N. to temporarily close mand the yeas and nays. Resolved, That the House of Representa- tives— its offices, which resulted in the dis- The yeas and nays were ordered. (1) expresses its deep condolences to the ruption of food assistance to nearly 10 The SPEAKER pro tempore. Pursu- families, friends, and colleagues of those million starving people in Pakistan ant to clause 8 of rule XX and the killed and injured in the attack on the who are dependent on the World Food Chair’s prior announcement, further United Nations World Food Program (WFP) Program. proceedings on this motion will be office in Islamabad, Pakistan, on October 5, Mr. Speaker, we should not allow postponed. 2009; such cowardly acts of violence to over- (2) recognizes the critical role the WFP f shadow the vital work of the World plays in helping alleviate poverty, which can Food Program, whose efforts have re- EXPRESSING CONDOLENCES RE- be exploited by extremists to create insta- GARDING ATTACK ON UNITED bility, in Pakistan and the greater South lieved the suffering and hunger of mil- NATIONS WORLD FOOD PRO- Asian region; lions of people in Pakistan and around GRAM OFFICE IN ISLAMABAD, (3) reaffirms its support for the WFP’s mis- the world. Since 1968, the U.N. World Food Pro- PAKISTAN sion to bring emergency food aid to the most vulnerable people of Pakistan and around gram has invested more than $1.5 bil- Ms. WATSON. Mr. Speaker, I move to the world; and lion in assistance to the poor citizens suspend the rules and agree to the reso- (4) commends the approximately 10,000 peo- of Pakistan alone. lution (H. Res. 823) expressing deep ple of the WFP directly serving the hungry The World Food Program has also and poor across the world for their invalu- condolences to the families, friends, carried out food security efforts and and colleagues of those killed and in- able contribution to bringing relief to those most in need. has developed nutritional and socio- jured in the attack on the United Na- economic programs that have improved The SPEAKER pro tempore. Pursu- tions World Food Program (WFP) of- access to health care, increased school ant to the rule, the gentlewoman from fice in Islamabad, Pakistan, on October enrollment for women and girls, and California (Ms. WATSON) and the gen- 5, 2009, and support for the WFP’s mis- advanced economic opportunities for tleman from Arkansas (Mr. BOOZMAN) sion to bring emergency food aid to the the poor. In fact, amid recent violence each will control 20 minutes. most vulnerable people of Pakistan and in Pakistan’s North West Frontier The Chair recognizes the gentle- around the world. Province, the World Food Program woman from California. The Clerk read the title of the resolu- courageously pushed forward to pro- tion. GENERAL LEAVE vide emergency and hunger relief to 2 The text of the resolution is as fol- Ms. WATSON. Mr. Speaker, I ask million displaced Pakistanis. lows: unanimous consent that all Members Today, it is important not only to H. RES. 823 may have 5 legislative days to revise recognize the crucial role of the World Whereas the United Nations World Food and extend their remarks and include Food Program in the fight to alleviate Program (WFP) was established in 1962 with extraneous material on the bill under poverty and world hunger, but to reaf- the goal of providing every man, woman, and consideration. firm our appreciation for its mission to child with access at all times to the food The SPEAKER pro tempore. Is there feed the world’s poor. It’s also impor- needed for an active and healthy life; objection to the request of the gentle- tant to pause momentarily to remem- Whereas the WFP seeks to save lives and woman from California? ber those aid workers who sacrificed protect livelihoods in emergencies, prepare There was no objection. for emergencies, restore and rebuild lives their lives this month in the course of after emergencies, reduce chronic hunger Ms. WATSON. Mr. Speaker, on Octo- their work to relieve human suffering and under-nutrition everywhere, and ber 5, 2009, five dedicated humani- and hunger. strengthen the capacity of countries to re- tarians were killed and four others in- Mr. Speaker, I strongly urge the pas- duce hunger; jured by a suicide bombing inside the sage of this resolution condemning this Whereas WFP operations in 2008 reached World Food Program’s office in heinous attack and reinstating our just over 102,000,000 hungry and poor people Islamabad, Pakistan. The victims of support for the work of the World Food in 78 countries with 3,900,000 tons of food; this senseless attack were impartial ci- Program. Whereas 84.6 percent of the population of vilian aid workers devoted to feeding Pakistan earns less than $2 per day, which is Mr. Speaker, I reserve the balance of an indication of poor human development, the hungry and providing a lifeline to my time. especially among women and children; millions of the most vulnerable people Ms. WATSON. Mr. Speaker, I yield 5 Whereas since 1968, the WFP has invested in Pakistan. minutes to the gentlelady from Con- more than $1,500,000,000 in assistance to the The United Nations World Food Pro- necticut, Representative ROSA most food-insecure people in Pakistan, in- gram has been on the front lines of DELAURO. cluding those in remote areas and those af- fighting hunger worldwide since its in- Ms. DELAURO. I thank the gentle- fected by conflict; ception in 1962. woman for this time. I thank Chairman Whereas WFP operations in Pakistan in- I want to recognize, and I want to clude school feeding, mother and child nutri- BERMAN for moving so quickly in this tion, and socio-economic development pro- thank the sponsor of this resolution, effort. I also want to thank Congress- grams that improve school enrollment rates my distinguished colleague and good man JIM MCGOVERN and JO ANN EMER- for girls, access to health care services, and friend from Connecticut, Ms. ROSA SON for co-leading this bipartisan effort economic opportunities for rural women; DELAURO, for taking the lead in intro- with me. Whereas the WFP is providing vital food ducing this resolution. Mr. Speaker, I rise in support of assistance to as many as 10,000,000 people Mr. Speaker, I reserve the balance of House Resolution 823. It expresses deep across Pakistan, including emergency relief my time. condolences to families, friends, and to as many as 2,000,000 Pakistani civilians Mr. BOOZMAN. Mr. Speaker, I yield colleagues of those who were killed and who were displaced by conflict in the Swat Valley region earlier this year; myself such time as I may consume. injured in the attack on the U.N. World Whereas, on October 5, 2009, a suicide I stand in strong support of this reso- Food Program at their offices in bomber attacked the WFP office in lution, which expresses our sympathy Islamabad, Pakistan, on October 5, Islamabad, Pakistan, killing five employees, and deepest condolences for the vic- 2009.

VerDate Nov 24 2008 02:29 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.047 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11552 CONGRESSIONAL RECORD — HOUSE October 21, 2009 We offer our support for the World gerous pacts. Famine and starvation were injured in the bombing attack, Food Program’s mission to bring emer- create the conditions for militant ex- and we hope for their speedy recovery. gency food aid to the most vulnerable tremism around the world, the very ex- Mr. Speaker, the bombing under- people of Pakistan and around the tremism that killed these five in Paki- scores the often precarious situation in world. We condemn this reprehensible stan. which the WFP, and so many other hu- attack in the strongest of terms. All We fight hunger, and we undercut the manitarian and aid workers around the acts of terror are contemptible, but the recruiting base of those who would globe, find themselves. And I, for one, murder of civilian workers engaged in threaten us. As former National Secu- can only thank them for their impor- humanitarian aid is particularly vile. rity Adviser Sandy Berger recently re- tant and too often unrecognized service Fighting hunger and deprivation minded us in the L.A. Times, ‘‘Ensur- to humanity. around the globe is a cause to which ing that no child goes to school hungry Mr. BOOZMAN. Mr. Speaker, having people give more than just a daily ef- is the single greatest investment we no other speakers on the subject, fort. It’s an all-consuming responsi- can make in building prosperous, again, I want to thank Ms. DELAURO bility. As we saw in the horrible trag- healthy and stable societies.’’ for bringing this very important reso- edy, it can even be the struggle in The World Food Program has long lution forward. I also want to thank which people lose their lives. understood this. For 50 years, it has Mr. MCGOVERN for his leadership in the Our thoughts and our prayers go out worked to feed the suffering and mal- hunger issues that he has given all of to the families of those U.N. World nourished citizens of our planet. In us. Food Program workers who perished in 2008, their operation reached over 102 With that, I yield back the balance of this terrible bombing. Through their million poor and hungry people in 78 my time. efforts and the efforts of countless oth- countries with 3.9 million tons of food. Ms. WATSON. I would like to yield 1 ers, WFP feeds 10 million Pakistanis, minute to the gentleman from Ohio, b 1315 including 2 million displaced by vio- Mr. Dennis Kucinich. lence each year. For the people who They have worked to eliminate not Mr. KUCINICH. I thank the gentle- have sacrificed so much to alleviate only hunger but its root causes. In lady. suffering to be struck down by a wan- short, the world food program is doing I want to join my colleagues in ex- ton act of terrorism, it is unjust and wonderful work for the people of Paki- pressing condolences to those who were senseless. stan, the people of the United States killed in connection with the attack on We remember the fallen in our and the people of the world. We laud the United Nations World Food Pro- thoughts. This resolution represents a their humanitarian efforts, as we con- gram in Islamabad, Pakistan. It is so small way of honoring them as we con- demn the cruelty and the malice that important that the world community tinue the struggle for which they gave perpetrated such a deplorable atrocity rally behind this program and other their lives: to put an end to global hun- in Islamabad on October 5. programs like it that are really aimed ger around the world. For the fallen, for their families and at providing the kind of social service For the first time in history, over 1 their friends, and for hungry men, that is so urgently required in areas billion people—one in six—are under- women and children all around the around the world that are economi- nourished worldwide. Every 6 seconds a world, our fight against global hunger cally depressed, and that is, to feed the child dies because of hunger and re- will go on. lated causes. Because of higher food hungry. If we make a concerted effort I strongly urge my colleagues to sup- in feeding the hungry, there’s less of a prices, the number of undernourished port this resolution and reaffirm their people in the world increased by 75 mil- chance that we’re going to be looking commitment to this cause. at the kind of social conflagration that lion in 2007, 40 million in 2008. Even in Mr. BOOZMAN. Mr. Speaker, we very America there are 12 million children has affected nations around the world. much appreciate Ms. DELAURO bringing facing hunger and uncertainty right This program in Pakistan is urgently the resolution forward, and at this needed. Those who risk their lives to now. time, we continue to reserve our time. The continued existence of such fam- deliver it should be remembered now, Ms. WATSON. Mr. Speaker, I would ine in our day and age, even within our and we should stand by them and their like to yield 2 minutes to my good borders, is a moral outrage. We have families in their moment of grief. But friend, the gentleman from Massachu- the resources and the ability to con- we also have a responsibility to con- setts, JAMES MCGOVERN. front this kind of suffering in the tinue to take a stand against hunger. Mr. MCGOVERN. I thank my friend world. What we need is the conscience And wherever an effort is made to try for yielding. and the will to put an end to it. to knock those out who are trying to The brave and the compassionate aid Mr. Speaker, I rise in support of H. serve the public, we stand behind those workers who perished in Pakistan had Res. 823, and I want to thank my good who serve, and we stand behind our this in spades. They knew that pros- friend and colleague, Congresswoman moral obligation to feed the hungry of perous nations cannot just remain an ROSA DELAURO, for her leadership in the world. island of plenty in a sea of want. They bringing this resolution before the Ms. WATSON. Mr. Speaker, I have no stepped up. They met their responsibil- House for its consideration. further requests for time, and I yield ities. We must meet our responsibil- Mr. Speaker, we often forget, or take back the balance of my time. ities. for granted, that thousands of humani- The SPEAKER pro tempore. The This is a moral imperative that’s tarian workers provide food, water, question is on the motion offered by shared by workers in the World Food shelter, medicine and essential services the gentlewoman from California (Ms. Program, in the Sudan, in Somalia, to tens of millions around the world. WATSON) that the House suspend the where they provide 43 percent of the Many of us don’t even think about how rules and agree to the resolution, H. population with its basic food, and in perilous are the situations in which Res. 823. places all around the world where this compassionate work happens. But The question was taken; and (two- women and men give their all to be we were reminded, in the worst pos- thirds being in the affirmative) the able to ensure that starving people sible way, on October 5, when a bomb- rules were suspended and the resolu- have enough to eat. It is also shared by ing attack was carried out against the tion was agreed to. many of us here in the Congress. World Food Program in Islamabad, A motion to reconsider was laid on We are in a season of political tur- Pakistan. the table. moil and economic uncertainty. It’s This resolution adds to what I am f particularly important that we reaf- sure others have also conveyed to the firm the memory of these murdered WFP, the deepest condolences and sym- ANNOUNCEMENT BY THE SPEAKER workers and renew our commitment to pathies to the families, friends and col- PRO TEMPORE ending global hunger. Put simply, this leagues of the WFP staff who were The SPEAKER pro tempore. Pursu- is a national security issue. killed in Pakistan. I also want to add ant to clause 8 of rule XX, proceedings Hunger, gnawing, unyielding, forces that my own thoughts and prayers are will resume on motions to suspend the people into desperate acts and dan- with those who were wounded and who rules previously postponed.

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.049 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11553 Votes will be taken in the following Inslee McNerney Sarbanes So (two-thirds being in the affirma- order: Israel Meek (FL) Scalise tive) the rules were suspended and the Issa Meeks (NY) Schakowsky S. 1793, by the yeas and nays; Jackson (IL) Melancon Schauer bill was passed. H. Res. 811, by the yeas and nays; Jackson-Lee Mica Schiff The result of the vote was announced H. Res. 837, by the yeas and nays; (TX) Michaud Schmidt as above recorded. Jenkins Miller (FL) H. Res. 660, by the yeas and nays; Schock A motion to reconsider was laid on Johnson (GA) Miller (MI) Schrader S. Con. Res. 43, by the yeas and nays. Johnson (IL) Miller (NC) Schwartz the table. The first electronic vote will be con- Johnson, E. B. Miller, Gary Scott (GA) Johnson, Sam Miller, George f Scott (VA) ducted as a 15-minute vote. Remaining Jones Minnick Sensenbrenner electronic votes will be conducted as 5- Jordan (OH) Mitchell NATIONAL PRINCIPALS MONTH Serrano Kagen Mollohan minute votes. Sessions Kanjorski Moore (KS) The SPEAKER pro tempore. The un- Sestak f Kaptur Moore (WI) finished business is the vote on the mo- Kennedy Moran (KS) Shea-Porter tion to suspend the rules and agree to Sherman Kildee Moran (VA) the resolution, H. Res. 811, as amended, RYAN WHITE HIV/AIDS TREAT- Kilpatrick (MI) Murphy (CT) Shimkus MENT EXTENSION ACT OF 2009 Kilroy Murphy (NY) Shuler on which the yeas and nays were or- Kind Murphy, Patrick Shuster dered. The SPEAKER pro tempore. The un- King (IA) Murphy, Tim Simpson The Clerk read the title of the resolu- finished business is the vote on the mo- King (NY) Murtha Sires Kingston Myrick Skelton tion. tion to suspend the rules and pass the The SPEAKER pro tempore. The bill, S. 1793, on which the yeas and nays Kirk Nadler (NY) Slaughter Kirkpatrick (AZ) Napolitano Smith (NE) question is on the motion offered by were ordered. Kissell Neal (MA) Smith (NJ) the gentlewoman from California (Mrs. The Clerk read the title of the bill. Klein (FL) Neugebauer Smith (TX) DAVIS) that the House suspend the The SPEAKER pro tempore. The Kline (MN) Nunes Smith (WA) Kosmas Nye rules and agree to the resolution, H. question is on the motion offered by Snyder Kratovil Oberstar Souder Res. 811, as amended. the gentleman from New Jersey (Mr. Kucinich Obey Space Lamborn Olson This will be a 5-minute vote. PALLONE) that the House suspend the Speier The vote was taken by electronic de- rules and pass the bill, S. 1793. Lance Olver Spratt Langevin Ortiz Stark vice, and there were—yeas 411, nays 0, The vote was taken by electronic de- Larsen (WA) Pallone Stearns not voting 21, as follows: Larson (CT) Pascrell vice, and there were—yeas 408, nays 9, Stupak Latham Pastor (AZ) [Roll No. 794] not voting 15, as follows: Sullivan LaTourette Paulsen YEAS—411 [Roll No. 793] Latta Payne Sutton Tanner Abercrombie Capuano Fallin YEAS—408 Lee (CA) Pence Lee (NY) Perlmutter Taylor Aderholt Cardoza Farr Abercrombie Capito Emerson Levin Perriello Teague Adler (NJ) Carnahan Fattah Aderholt Capps Engel Lewis (CA) Peters Terry Akin Carney Filner Adler (NJ) Capuano Eshoo Lewis (GA) Peterson Thompson (CA) Alexander Carson (IN) Flake Akin Cardoza Fallin Linder Petri Thompson (MS) Altmire Cassidy Fleming Alexander Carnahan Farr Lipinski Pingree (ME) Thompson (PA) Andrews Castle Forbes Altmire Carney Fattah LoBiondo Pitts Thornberry Arcuri Castor (FL) Fortenberry Andrews Carson (IN) Filner Loebsack Platts Tiahrt Austria Chaffetz Foster Arcuri Cassidy Fleming Lowey Polis (CO) Tiberi Baca Chandler Foxx Austria Castle Forbes Lucas Pomeroy Tierney Bachmann Childers Frank (MA) Baca Castor (FL) Fortenberry Luetkemeyer Posey Titus Bachus Chu Franks (AZ) Bachmann Chaffetz Foster Baird Clarke Frelinghuysen Luja´ n Price (NC) Tonko Bachus Chandler Frank (MA) Baldwin Clay Fudge Lungren, Daniel Putnam Towns Baird Childers Franks (AZ) Barrett (SC) Cleaver Gallegly E. Quigley Tsongas Baldwin Chu Frelinghuysen Barrow Clyburn Garrett (NJ) Lynch Radanovich Turner Barrett (SC) Clarke Fudge Mack Rahall Bartlett Coble Gerlach Barrow Clay Gallegly Upton Barton (TX) Coffman (CO) Giffords Maffei Rangel ´ Bartlett Cleaver Garrett (NJ) Velazquez Berkley Cohen Gingrey (GA) Maloney Rehberg Visclosky Barton (TX) Clyburn Gerlach Manzullo Reichert Berman Cole Gohmert Walz Becerra Coble Giffords Marchant Reyes Berry Conaway Gonzalez Wamp Berkley Coffman (CO) Gingrey (GA) Markey (CO) Rodriguez Biggert Connolly (VA) Goodlatte Wasserman Berman Cohen Gonzalez Markey (MA) Roe (TN) Bilbray Conyers Gordon (TN) Schultz Berry Cole Goodlatte Marshall Rogers (AL) Bilirakis Cooper Granger Waters Biggert Conaway Gordon (TN) Massa Rogers (KY) Bishop (GA) Costa Graves Bilbray Connolly (VA) Granger Matheson Rogers (MI) Watson Bishop (NY) Costello Grayson Bilirakis Conyers Graves Matsui Rohrabacher Watt Bishop (UT) Courtney Green, Al Bishop (GA) Cooper Grayson McCarthy (CA) Rooney Waxman Blackburn Crowley Green, Gene Bishop (NY) Costa Green, Al McCarthy (NY) Ros-Lehtinen Weiner Blumenauer Cuellar Griffith Bishop (UT) Costello Green, Gene McCaul Roskam Welch Blunt Culberson Grijalva Blackburn Courtney Griffith McClintock Ross Westmoreland Boccieri Cummings Guthrie Blumenauer Crowley Grijalva McCollum Roybal-Allard Wexler Boehner Dahlkemper Gutierrez Blunt Cuellar Guthrie McCotter Royce Whitfield Bonner Davis (AL) Hall (NY) Boccieri Culberson Gutierrez McDermott Ruppersberger Wilson (OH) Bono Mack Davis (CA) Hall (TX) Boehner Cummings Hall (NY) McGovern Rush Wilson (SC) Boozman Davis (IL) Halvorson Bonner Dahlkemper Hall (TX) McHenry Ryan (OH) Wittman Boswell Davis (KY) Hare Bono Mack Davis (AL) Halvorson McIntyre Ryan (WI) Wolf Boucher Davis (TN) Harman Boozman Davis (CA) Hare McKeon Salazar Woolsey Boustany Deal (GA) Harper Boren Davis (IL) Harman McMahon Sa´ nchez, Linda Wu Boyd DeFazio Hastings (FL) Boswell Davis (KY) Harper McMorris T. Yarmuth Brady (PA) DeGette Hastings (WA) Boucher Davis (TN) Hastings (FL) Rodgers Sanchez, Loretta Young (FL) Brady (TX) Delahunt Heinrich Boustany Deal (GA) Hastings (WA) Braley (IA) DeLauro Heller Boyd DeFazio Heinrich NAYS—9 Bright Dent Hensarling Brady (PA) DeGette Heller Brady (TX) Flake Lummis Broun (GA) Diaz-Balart, L. Herger Braley (IA) Delahunt Hensarling Broun (GA) Foxx Paul Brown (SC) Diaz-Balart, M. Herseth Sandlin Bright DeLauro Herger Duncan Gohmert Poe (TX) Brown, Corrine Dicks Higgins Brown (SC) Dent Herseth Sandlin Brown-Waite, Dingell Hill Brown, Corrine Diaz-Balart, L. Higgins NOT VOTING—15 Ginny Doggett Himes Brown-Waite, Diaz-Balart, M. Hill Buchanan Donnelly (IN) Hinchey Ackerman Etheridge Rothman (NJ) Ginny Dicks Himes Burgess Doyle Hinojosa Bean Hoyer Shadegg Buchanan Dingell Hinchey Burton (IN) Dreier Hirono Carter Lofgren, Zoe Van Hollen Burgess Doggett Hinojosa Butterfield Driehaus Hodes Crenshaw Price (GA) Walden Burton (IN) Donnelly (IN) Hirono Buyer Duncan Hoekstra Edwards (MD) Richardson Young (AK) Butterfield Doyle Hodes Calvert Edwards (TX) Holden Buyer Dreier Hoekstra Camp Ehlers Holt Calvert Driehaus Holden b 1347 Campbell Ellison Honda Camp Edwards (TX) Holt Messrs. BRADY of Texas and POE of Cantor Ellsworth Hunter Campbell Ehlers Honda Cao Emerson Inglis Cantor Ellison Hunter Texas changed their vote from ‘‘yea’’ Capito Engel Inslee Cao Ellsworth Inglis to ‘‘nay.’’ Capps Eshoo Israel

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.051 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11554 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Issa Meek (FL) Sarbanes b 1354 Harman McCarthy (CA) Ruppersberger Jackson (IL) Meeks (NY) Scalise Harper McCarthy (NY) Rush Jackson-Lee Melancon Schakowsky So (two-thirds being in the affirma- Hastings (FL) McCaul Ryan (OH) (TX) Mica Schauer tive) the rules were suspended and the Hastings (WA) McClintock Ryan (WI) Jenkins Michaud Schiff resolution, as amended, was agreed to. Heinrich McCollum Salazar Johnson (GA) ´ Miller (FL) Schmidt The result of the vote was announced Heller McCotter Sanchez, Linda Johnson (IL) Miller (MI) Schock Hensarling McDermott T. Johnson, E. B. Miller (NC) Schrader as above recorded. Herger McGovern Sanchez, Loretta Johnson, Sam Miller, Gary Schwartz A motion to reconsider was laid on Herseth Sandlin McHenry Sarbanes Jones Miller, George Scott (GA) the table. Higgins McIntyre Scalise Jordan (OH) Minnick Scott (VA) Stated for: Hill McKeon Schakowsky Kagen Mitchell Sensenbrenner Himes McMahon Schauer Kanjorski Mollohan Serrano Mr. BECERRA. Mr. Speaker, I was unavoid- Hinchey McMorris Schiff Kaptur Moore (KS) Sessions ably detained earlier today and missed rollcall Hinojosa Rodgers Schmidt Kennedy Moore (WI) Sestak 794. If present, I would have voted ‘‘yea.’’ Hodes McNerney Schock Kildee Moran (KS) Shea-Porter Hoekstra Meek (FL) Schrader Kilpatrick (MI) Moran (VA) Sherman f Holden Meeks (NY) Schwartz Kilroy Murphy (CT) Shimkus Holt Melancon Scott (GA) Kind Murphy (NY) Shuler RECOGNIZING KENTUCKY Honda Mica Scott (VA) King (IA) Murphy, Patrick Shuster WESLEYAN COLLEGE Hunter Michaud Sensenbrenner King (NY) Murphy, Tim Simpson Inglis Miller (FL) Serrano Kingston Murtha Sires The SPEAKER pro tempore. The un- Inslee Miller (MI) Sessions Kirk Myrick Skelton finished business is the vote on the mo- Issa Miller (NC) Sestak Kirkpatrick (AZ) Nadler (NY) Slaughter tion to suspend the rules and agree to Jackson (IL) Miller, George Shea-Porter Kissell Napolitano Smith (NE) Jackson-Lee Minnick Sherman Klein (FL) Neal (MA) the resolution, H. Res. 837, on which (TX) Mitchell Smith (NJ) the yeas and nays were ordered. Shimkus Kline (MN) Neugebauer Smith (TX) Jenkins Mollohan Shuler Kosmas Johnson (GA) Nunes Smith (WA) The Clerk read the title of the resolu- Moore (KS) Shuster Kratovil Johnson (IL) Moore (WI) Nye Snyder tion. Simpson Kucinich Johnson, E. B. Moran (KS) Oberstar Souder Sires Lamborn Obey The SPEAKER pro tempore. The Johnson, Sam Moran (VA) Space Skelton Lance Olson question is on the motion offered by Jones Murphy (CT) Speier Slaughter Langevin Olver Jordan (OH) Murphy (NY) Spratt the gentlewoman from California (Mrs. Smith (NE) Larsen (WA) Ortiz Kagen Murphy, Patrick Stark DAVIS) that the House suspend the Smith (NJ) Larson (CT) Pallone Kanjorski Murphy, Tim Stearns rules and agree to the resolution, H. Smith (TX) Latham Pascrell Kaptur Murtha Stupak Smith (WA) LaTourette Pastor (AZ) Res. 837. Kennedy Myrick Sullivan Snyder Latta Paul This will be a 5-minute vote. Kildee Nadler (NY) Sutton Souder Lee (CA) Paulsen Kilpatrick (MI) Napolitano Tanner The vote was taken by electronic de- Space Lee (NY) Payne Kilroy Neal (MA) Taylor vice, and there were—yeas 415, nays 0, Speier Levin Pence Kind Neugebauer Teague Spratt Lewis (CA) Perlmutter not voting 17, as follows: King (IA) Nunes Terry Stark Lewis (GA) Perriello [Roll No. 795] King (NY) Nye Thompson (CA) Stearns Linder Peters Kingston Oberstar Thompson (MS) YEAS—415 Lipinski Peterson Kirk Obey Stupak LoBiondo Petri Thompson (PA) Abercrombie Butterfield Diaz-Balart, L. Kirkpatrick (AZ) Olson Sullivan Loebsack Pingree (ME) Thornberry Aderholt Buyer Diaz-Balart, M. Kissell Olver Sutton Lowey Pitts Tiahrt Adler (NJ) Calvert Dicks Klein (FL) Ortiz Tanner Lucas Platts Tiberi Akin Camp Dingell Kline (MN) Pallone Taylor Luetkemeyer Poe (TX) Tierney Alexander Campbell Doggett Kosmas Pascrell Teague Altmire Cantor Donnelly (IN) Luja´ n Polis (CO) Titus Kratovil Pastor (AZ) Terry Andrews Cao Doyle Lummis Pomeroy Tonko Kucinich Paul Thompson (CA) Arcuri Capito Dreier Lungren, Daniel Posey Towns Lamborn Paulsen Thompson (MS) Austria Capps Driehaus E. Price (NC) Tsongas Lance Payne Thompson (PA) Baca Capuano Duncan Lynch Turner Langevin Pence Thornberry Putnam Bachmann Cardoza Edwards (TX) Mack Upton Larsen (WA) Perlmutter Tiahrt Quigley Bachus Carnahan Ehlers Vela´ zquez Larson (CT) Perriello Tiberi Maffei Radanovich Baird Carney Ellison Visclosky Latham Peters Tierney Maloney Rahall Baldwin Carson (IN) Ellsworth Walz LaTourette Peterson Titus Manzullo Rangel Barrett (SC) Cassidy Emerson Petri Marchant Rehberg Wamp Barrow Castle Engel Latta Tonko Markey (CO) Reichert Wasserman Bartlett Castor (FL) Eshoo Lee (CA) Pingree (ME) Towns Markey (MA) Reyes Schultz Barton (TX) Chaffetz Fallin Lee (NY) Pitts Tsongas Marshall Rodriguez Waters Becerra Chandler Farr Levin Platts Turner Massa Roe (TN) Watson Berkley Childers Fattah Lewis (CA) Poe (TX) Upton Matheson Rogers (KY) Watt Berman Chu Filner Lewis (GA) Polis (CO) Vela´ zquez Matsui Rogers (MI) Waxman Berry Clarke Flake Linder Pomeroy Visclosky McCarthy (CA) Rohrabacher Weiner Biggert Clay Fleming Lipinski Posey Walz McCarthy (NY) Rooney Welch Bilbray Cleaver Forbes LoBiondo Price (NC) Wamp McCaul Ros-Lehtinen Westmoreland Bilirakis Clyburn Fortenberry Loebsack Putnam Wasserman McClintock Roskam Wexler Bishop (GA) Coble Foster Lowey Quigley Schultz McCotter Ross Whitfield Bishop (NY) Coffman (CO) Foxx Lucas Radanovich Waters McDermott Roybal-Allard Wilson (OH) Bishop (UT) Cohen Frank (MA) Luetkemeyer Rahall Watson ´ McGovern Royce Wilson (SC) Blackburn Cole Franks (AZ) Lujan Rangel Watt Rehberg McHenry Ruppersberger Wittman Blumenauer Conaway Frelinghuysen Lummis Waxman Blunt Connolly (VA) Fudge Lungren, Daniel Reichert McIntyre Ryan (OH) Wolf Weiner Boccieri Conyers Gallegly E. Reyes McKeon Ryan (WI) Woolsey Welch Boehner Cooper Garrett (NJ) Lynch Rodriguez McMahon Salazar Wu Bonner Costa Gerlach Westmoreland McMorris Sa´ nchez, Linda Mack Roe (TN) Yarmuth Bono Mack Costello Giffords Wexler Rodgers T. Maffei Rogers (AL) Boozman Courtney Gingrey (GA) Whitfield McNerney Sanchez, Loretta Maloney Rogers (KY) Boren Crenshaw Gohmert Manzullo Rogers (MI) Wilson (OH) Boswell Crowley Gonzalez Wilson (SC) NOT VOTING—21 Marchant Rohrabacher Boucher Cuellar Goodlatte Markey (CO) Rooney Wittman Ackerman Etheridge Rothman (NJ) Boustany Culberson Gordon (TN) Markey (MA) Ros-Lehtinen Wolf Bean Hoyer Rush Boyd Cummings Granger Marshall Roskam Woolsey Becerra Lofgren, Zoe Shadegg Brady (PA) Dahlkemper Graves Massa Ross Wu Boren McCollum Van Hollen Brady (TX) Davis (AL) Grayson Matheson Roybal-Allard Yarmuth Carter Price (GA) Walden Braley (IA) Davis (CA) Green, Al Matsui Royce Young (FL) Crenshaw Richardson Young (AK) Bright Davis (IL) Green, Gene Edwards (MD) Rogers (AL) Young (FL) Broun (GA) Davis (KY) Griffith NOT VOTING—17 Brown (SC) Davis (TN) Grijalva ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown, Corrine Deal (GA) Guthrie Ackerman Hoyer Rothman (NJ) Brown-Waite, DeFazio Gutierrez Bean Israel Shadegg The SPEAKER pro tempore (during Ginny DeGette Hall (NY) Carter Lofgren, Zoe Van Hollen the vote). There are 2 minutes remain- Buchanan Delahunt Hall (TX) Edwards (MD) Miller, Gary Walden Burgess DeLauro Halvorson Etheridge Price (GA) Young (AK) ing in this vote. Burton (IN) Dent Hare Hirono Richardson

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ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Foxx Lowey Rogers (AL) NOT VOTING—14 Frank (MA) Lucas Rogers (KY) The SPEAKER pro tempore (during Ackerman Hoyer Shadegg Franks (AZ) Luetkemeyer Rogers (MI) Bean Lofgren, Zoe Van Hollen the vote). There are 2 minutes remain- Frelinghuysen Luja´ n Rohrabacher Carter Price (GA) Walden ing in the vote. Fudge Lummis Rooney Edwards (MD) Richardson Young (AK) Gallegly Lungren, Daniel Ros-Lehtinen Etheridge Rothman (NJ) b 1401 Garrett (NJ) E. Roskam Gerlach Lynch Ross ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So (two-thirds being in the affirma- Giffords Mack Roybal-Allard The SPEAKER pro tempore (during Gingrey (GA) Maffei tive) the rules were suspended and the Royce the vote). There are less than 2 min- resolution was agreed to. Gohmert Maloney Ruppersberger Gonzalez Manzullo utes to vote on this bill. The result of the vote was announced Rush Goodlatte Marchant Ryan (OH) as above recorded. Gordon (TN) Markey (CO) Ryan (WI) b 1408 Granger Markey (MA) A motion to reconsider was laid on Salazar So (two-thirds being in the affirma- the table. Graves Marshall Sa´ nchez, Linda Grayson Massa tive) the rules were suspended and the Stated for: T. Green, Al Matheson Sanchez, Loretta resolution, as amended, was agreed to. Mr. GARY G. MILLER of California. Mr. Green, Gene Matsui Sarbanes The result of the vote was announced Griffith McCarthy (CA) Speaker, on rollcall No. 795 I was unavoidably Scalise as above recorded. detained. Had I been present, I would have Grijalva McCarthy (NY) Schakowsky Guthrie McCaul A motion to reconsider was laid on voted ‘‘yea.’’ Schauer Gutierrez McClintock Schiff the table. Hall (NY) McCollum f Schmidt Hall (TX) McCotter Schock f Halvorson McDermott RECOGNIZING LAURINBURG Schrader Hare McGovern Schwartz AUTHORIZING USE OF CAPITOL NORMAL INDUSTRIAL INSTITUTE Harman McHenry Scott (GA) ROTUNDA FOR PRESENTATION Harper McIntyre Scott (VA) OF CONGRESSIONAL GOLD The SPEAKER pro tempore. The un- Hastings (FL) McKeon Sensenbrenner Hastings (WA) McMahon MEDAL TO FORMER SENATOR finished business is the vote on the mo- Serrano Heinrich McMorris tion to suspend the rules and agree to Sessions EDWARD BROOKE Heller Rodgers Sestak the resolution, H. Res. 660, as amended, Hensarling McNerney The SPEAKER pro tempore. The un- Shea-Porter on which the yeas and nays were or- Herger Meek (FL) finished business is the vote on the mo- Sherman Herseth Sandlin Meeks (NY) dered. Shimkus tion to suspend the rules and concur in The Clerk read the title of the resolu- Higgins Melancon Hill Mica Shuler the concurrent resolution, S. Con. Res. tion. Himes Michaud Shuster 43, on which the yeas and nays were or- The SPEAKER pro tempore. The Hinchey Miller (FL) Simpson dered. question is on the motion offered by Hinojosa Miller (MI) Sires Skelton The Clerk read the title of the con- the gentlewoman from California (Mrs. Hirono Miller (NC) Hodes Miller, Gary Slaughter current resolution. DAVIS) that the House suspend the Hoekstra Miller, George Smith (NE) The SPEAKER pro tempore. The rules and agree to the resolution, H. Holden Minnick Smith (NJ) question is on the motion offered by Res. 660, as amended. Holt Mitchell Smith (TX) the gentleman from Pennsylvania (Mr. Honda Mollohan Smith (WA) This is a 5-minute vote. Hunter Moore (KS) Snyder BRADY) that the House suspend the The vote was taken by electronic de- Inglis Moore (WI) Souder rules and concur in the concurrent res- vice, and there were—yeas 418, nays 0, Inslee Moran (KS) Space olution, S. Con. Res. 43. not voting 14, as follows: Israel Moran (VA) Speier This is a 5-minute vote. Issa Murphy (CT) Spratt [Roll No. 796] Jackson (IL) Murphy (NY) Stark The vote was taken by electronic de- YEAS—418 Jackson-Lee Murphy, Patrick Stearns vice, and there were—yeas 417, nays 0, (TX) Murphy, Tim Stupak Abercrombie Bright Courtney not voting 15, as follows: Jenkins Murtha Sullivan Aderholt Broun (GA) Crenshaw Johnson (GA) Myrick [Roll No. 797] Adler (NJ) Brown (SC) Crowley Sutton Johnson (IL) Nadler (NY) Akin Brown, Corrine Cuellar Tanner YEAS—417 Johnson, E. B. Napolitano Alexander Brown-Waite, Culberson Taylor Abercrombie Boyd Cole Johnson, Sam Neal (MA) Altmire Ginny Cummings Teague Aderholt Brady (PA) Conaway Jones Neugebauer Andrews Buchanan Dahlkemper Terry Adler (NJ) Brady (TX) Connolly (VA) Jordan (OH) Nunes Arcuri Burgess Davis (AL) Thompson (CA) Akin Braley (IA) Conyers Kagen Nye Austria Burton (IN) Davis (CA) Thompson (MS) Alexander Bright Cooper Kanjorski Oberstar Baca Butterfield Davis (IL) Thompson (PA) Altmire Broun (GA) Costa Kaptur Obey Bachmann Buyer Davis (KY) Thornberry Andrews Brown (SC) Costello Kennedy Olson Bachus Calvert Davis (TN) Tiahrt Arcuri Brown, Corrine Courtney Kildee Olver Baird Camp Deal (GA) Tiberi Austria Brown-Waite, Crenshaw Kilpatrick (MI) Ortiz Baldwin Campbell DeFazio Tierney Baca Ginny Crowley Kilroy Pallone Barrett (SC) Cantor DeGette Titus Bachmann Buchanan Cuellar Kind Pascrell Barrow Cao Delahunt Tonko Bachus Burgess Culberson King (IA) Pastor (AZ) Bartlett Capito DeLauro Towns Baird Burton (IN) Cummings King (NY) Paul Barton (TX) Capps Dent Tsongas Baldwin Butterfield Dahlkemper Becerra Capuano Diaz-Balart, L. Kingston Paulsen Barrett (SC) Buyer Davis (AL) Kirk Payne Turner Berkley Cardoza Diaz-Balart, M. Upton Barrow Calvert Davis (CA) Berman Carnahan Dicks Kirkpatrick (AZ) Pence Bartlett Camp Davis (IL) Kissell Perlmutter Vela´ zquez Berry Carney Dingell Visclosky Barton (TX) Campbell Davis (KY) Biggert Carson (IN) Doggett Klein (FL) Perriello Becerra Cantor Davis (TN) Walz Bilbray Cassidy Donnelly (IN) Kline (MN) Peters Berkley Cao Deal (GA) Wamp Bilirakis Castle Doyle Kosmas Peterson Berman Capito DeFazio Wasserman Bishop (GA) Castor (FL) Dreier Kratovil Petri Berry Capps DeGette Schultz Bishop (NY) Chaffetz Driehaus Kucinich Pingree (ME) Biggert Capuano Delahunt Waters Bishop (UT) Chandler Duncan Lamborn Pitts Bilbray Cardoza DeLauro Watson Blackburn Childers Edwards (TX) Lance Platts Bilirakis Carney Dent Blumenauer Chu Ehlers Langevin Poe (TX) Watt Bishop (GA) Carson (IN) Diaz-Balart, L. Blunt Clarke Ellison Larsen (WA) Polis (CO) Waxman Bishop (NY) Cassidy Diaz-Balart, M. Boccieri Clay Ellsworth Larson (CT) Pomeroy Weiner Bishop (UT) Castle Dicks Boehner Cleaver Emerson Latham Posey Welch Blackburn Castor (FL) Dingell Bonner Clyburn Engel LaTourette Price (NC) Westmoreland Blumenauer Chaffetz Doggett Bono Mack Coble Eshoo Latta Putnam Wexler Blunt Chandler Donnelly (IN) Boozman Coffman (CO) Fallin Lee (CA) Quigley Whitfield Boccieri Childers Doyle Boren Cohen Farr Lee (NY) Radanovich Wilson (OH) Boehner Chu Dreier Boswell Cole Fattah Levin Rahall Wilson (SC) Bonner Clarke Driehaus Boucher Conaway Filner Lewis (CA) Rangel Wittman Bono Mack Clay Duncan Boustany Connolly (VA) Flake Lewis (GA) Rehberg Wolf Boozman Cleaver Edwards (TX) Boyd Conyers Fleming Linder Reichert Woolsey Boren Clyburn Ehlers Brady (PA) Cooper Forbes Lipinski Reyes Wu Boswell Coble Ellison Brady (TX) Costa Fortenberry LoBiondo Rodriguez Yarmuth Boucher Coffman (CO) Ellsworth Braley (IA) Costello Foster Loebsack Roe (TN) Young (FL) Boustany Cohen Emerson

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.056 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11556 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Engel Latta Quigley Wittman Woolsey Yarmuth year 8.6 million women around the Eshoo Lee (CA) Radanovich Wolf Wu Young (FL) Fallin Lee (NY) Rahall world die from heart disease. Unfortu- Farr Levin Rangel NOT VOTING—15 nately, many women do not realize Fattah Lewis (CA) Rehberg Ackerman Etheridge Rothman (NJ) that heart disease accounts for nearly Filner Lewis (GA) Reichert Bean Hoyer Shadegg one-third of all deaths in women. Flake Linder Reyes Carnahan Lofgren, Zoe Van Hollen Through prevention, this number will Fleming Lipinski Rodriguez Carter Price (GA) Walden Forbes LoBiondo Roe (TN) Edwards (MD) Richardson Young (AK) be greatly reduced. Fortenberry Loebsack Rogers (AL) The Go Red for Women Campaign ad- Foster Lowey Rogers (KY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vocates awareness and prevention for Foxx Lucas Rogers (MI) The SPEAKER pro tempore (Ms. this disease that affects so many of our Frank (MA) Luetkemeyer Rohrabacher JACKSON-LEE of Texas) (during the Franks (AZ) Luja´ n Rooney grandmothers, our mothers, our aunts, Frelinghuysen Lummis Ros-Lehtinen vote). There are 2 minutes remaining and our daughters. With the continued Fudge Lungren, Daniel Roskam in the vote. efforts of the Go Red for Women Cam- Gallegly E. Ross paign and our local south Florida chap- Garrett (NJ) Lynch Roybal-Allard b 1415 ter of the American Heart Association, Gerlach Mack Royce So (two-thirds being in the affirma- Giffords Maffei Ruppersberger we can ensure that fewer women—and tive) the rules were suspended and the Gingrey (GA) Maloney Rush men—fall victim to heart disease. Gohmert Manzullo Ryan (OH) concurrent resolution was concurred I encourage all of south Florida to Marchant Gonzalez Ryan (WI) in. attend Miami-Dade’s Go Red for Goodlatte Markey (CO) Salazar The result of the vote was announced Gordon (TN) Markey (MA) Sa´ nchez, Linda Women Executive Women’s Breakfast Granger Marshall T. as above recorded. in October and get involved with the Graves Massa Sanchez, Loretta A motion to reconsider was laid on Go Red for Women Campaign in Feb- Grayson Matheson Sarbanes the table. Green, Al Matsui Scalise ruary. Green, Gene McCarthy (CA) Schakowsky f f Griffith McCarthy (NY) Schauer Grijalva McCaul Schiff b 1415 RYAN WHITE HIV/AIDS Guthrie McClintock Schmidt ABC/WASHINGTON POST POLL TREATMENT EXTENSION ACT Gutierrez McCollum Schock Hall (NY) McCotter Schrader BIASED (Ms. WASSERMAN SCHULTZ asked Hall (TX) McDermott Schwartz (Mr. SMITH of Texas asked and was and was given permission to address Halvorson McGovern Scott (GA) given permission to address the House the House for 1 minute and to revise Hare McHenry Scott (VA) and extend her remarks.) Harman McIntyre Sensenbrenner for 1 minute and to revise and extend Harper McKeon Serrano his remarks.) Ms. WASSERMAN SCHULTZ. Hastings (FL) McMahon Sessions Mr. SMITH of Texas. Madam Speak- Madam Speaker, I rise in strong sup- Hastings (WA) McMorris Sestak port of the Ryan White HIV/AIDS Heinrich Rodgers Shea-Porter er, a poll is reliable only if its ques- tions are unbiased. Treatment Extension Act. Heller McNerney Sherman The Ryan White Act is lifesaving leg- Hensarling Meek (FL) Shimkus A new ABC/Washington Post poll islation that funds a vast array of in- Herger Meeks (NY) Shuler says that most Americans support a Herseth Sandlin Melancon Shuster novative and effective services that public option for health insurance, but Higgins Mica Simpson form the health care safety net for un- Hill Michaud Sires the poll question was slanted and char- insured and underinsured Americans Himes Miller (FL) Skelton acterized a public option as a way to living with HIV/AIDS. Ryan White pro- Hinchey Miller (MI) Slaughter increase competition. There is no men- Hinojosa Miller (NC) Smith (NE) grams are a ‘‘payer of last resort’’ tion that a public option could increase Hirono Miller, Gary Smith (NJ) which subsidize treatment when no Hodes Miller, George Smith (TX) premiums, reduce choices, and raise other resources are available. Hoekstra Minnick Smith (WA) taxes. Holden Mitchell Snyder The program provides medical care, Holt Mollohan Souder In June, the same poll also asked re- drugs, and support services for 500,000 Honda Moore (KS) Space spondents whether they would still people a year. It has been a huge suc- Hunter Moore (WI) Speier support a public option if it made pri- cess in reducing sickness and death Inglis Moran (KS) Spratt vate health insurers go out of business. Inslee Moran (VA) Stark from HIV disease and helping people Israel Murphy (CT) Stearns Support dropped to 37 percent. It’s no live longer, more healthy and produc- Issa Murphy (NY) Stupak wonder ABC and the Washington Post tive lives. Jackson (IL) Murphy, Patrick Sullivan omitted that question from its most re- Jackson-Lee Murphy, Tim Sutton The Ryan White programs also pro- (TX) Murtha Tanner cent poll. vide funding and technical assistance Jenkins Myrick Taylor Furthermore, though it wasn’t em- to local and State primary medical Johnson (GA) Nadler (NY) Teague phasized, the poll actually revealed care providers, support services, health Johnson (IL) Napolitano Terry that the American people oppose the Johnson, E. B. Neal (MA) Thompson (CA) care providers, and training programs. Johnson, Sam Neugebauer Thompson (MS) Democrats’ changes in the health care Congress must extend this critical law Jones Nunes Thompson (PA) system by 48 to 45 percent. The media to ensure that vital services are not Jordan (OH) Nye Thornberry should present the facts, not slant the Kagen Oberstar Tiahrt withheld from people who so des- Kanjorski Obey Tiberi questions and the news. perately need them. Kaptur Olson Tierney f We must pass this legislation so that Kennedy Olver Titus Ryan’s legacy lives on with his mes- Kildee Ortiz Tonko MIAMI-DADE GO RED FOR WOMEN Kilpatrick (MI) Pallone Towns EXECUTIVE WOMEN’S BREAKFAST sage of love, compassion, and hope. Kilroy Pascrell Tsongas f Kind Pastor (AZ) Turner (Ms. ROS-LEHTINEN asked and was King (IA) Paul Upton given permission to address the House SUPPORT FOR HONDURAS King (NY) Paulsen Vela´ zquez Kingston Payne Visclosky for 1 minute and to revise and extend (Mr. DANIEL E. LUNGREN of Cali- Kirk Pence Walz her remarks.) fornia asked and was given permission Kirkpatrick (AZ) Perlmutter Wamp Ms. ROS-LEHTINEN. Madam Speak- to address the House for 1 minute and Kissell Perriello Wasserman er, I am so pleased to recognize the im- Klein (FL) Peters Schultz to revise and extend his remarks.) Kline (MN) Peterson Waters portant work of the Heart Association Mr. DANIEL E. LUNGREN of Cali- Kosmas Petri Watson of Miami-Dade and its October 29 Go fornia. Madam Speaker, I had the privi- Kratovil Pingree (ME) Watt Red for Women Executive Women’s lege a few moments ago to meet with Kucinich Pitts Waxman Lamborn Platts Weiner Breakfast. three members of the Honduran Su- Lance Poe (TX) Welch The National Go Red for Women preme Electoral Tribunal. Having the Langevin Polis (CO) Westmoreland Campaign, to be held in February, was opportunity to speak with them, to ask Larsen (WA) Pomeroy Wexler started in the year 2004 to raise aware- them questions, and to match their Larson (CT) Posey Whitfield Latham Price (NC) Wilson (OH) ness for this critical disease. As the words against the words of their Con- LaTourette Putnam Wilson (SC) leading cause of death in women, every stitution just affirms in my mind the

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.042 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11557 fact that the Honduran people need to There was no objection. nian human rights activists simply dis- be respected, as does their Constitu- f appear, never to be seen again. tion. Amnesty International says that When the people of Honduras, SPECIAL ORDERS right now they know of eight women at through their elected representatives, The SPEAKER pro tempore. Under risk of being stoned to death in Iran for follow their Constitution, we should the Speaker’s announced policy of Jan- adultery. Of course, if a woman is applaud, not decry it. When they have uary 6, 2009, and under a previous order a system of laws based on their Con- of the House, the following Members raped in Iran, that sometimes is con- stitution which allows free and open will be recognized for 5 minutes each. sidered adultery, too. And the male perpetrator, well, he’s released. elections, we ought to do everything f we can to support them rather than In 2004, a 13-year-old girl, Zhila Izadi, condemn them. U.N. HUMAN RIGHTS COUNCIL AND was sentenced to death by stoning for It is strange in this world, as we are ITS ROGUE GALLERY OF MISFITS being raped and impregnated by her 15- looking at the possibilities, however The SPEAKER pro tempore. Under a year-old brother. One news report says fragile they might be, of elections in previous order of the House, the gen- that the international outrage forced a some other areas of the world, that the tleman from Texas (Mr. POE) is recog- reduction from death to 55 lashes. Honduran people stand ready to hold nized for 5 minutes. After Zhila gave birth to the baby, the their elections pursuant to their Con- Mr. POE of Texas. Madam Speaker, government stole her child. stitution. The United States Govern- for over 60 years, Israel has had to fight ment, the United States State Depart- for its mere existence. No other nation The people of Iran and Iranian Amer- ment, and the people of the United has suffered more discrimination and icans continue to cry out against their States ought to respect that rather outright threats from the United Na- own government’s crimes against the than criticize that. tions itself. There have been more U.N. Iranian citizens and their violations of Let us stand up for the Constitution resolutions condemning Israel than human rights. not only in this country, but the valid any other nation, more than 20 a year. Iran is also sending money and equip- constitutions of other countries. Approximately 80 percent of country ment to worldwide terrorist groups. To f censures issued by the United Nations make matters worse, the tiny tyrant of HEALTH CARE IN AMERICA Human Rights Council are aimed at Iran, Ahmadinejad, says he wants to the nation of Israel, and last week they wipe all of Israel off the map. He is (Mr. KUCINICH asked and was given did it again, issuing another report making nuclear weapons and building permission to address the House for 1 self-righteously condemning Israel. intercontinental ballistic missiles. minute.) But let’s just take a look at who Now, who do you think these missiles Mr. KUCINICH. All across the Na- some of the members of this so-called tion, people are watching this Capitol are aimed at? And Iran sits on the ‘‘human rights’’ council are. It’s really to see if we are going to have the abil- United Nations Human Rights Council. a rogue’s gallery of dictators and ty- ity and the courage to stand up to the This rogue’s gallery of misfits has no rants. insurance companies and the pharma- moral basis to sit in judgment of Israel The Communist countries of Cuba ceutical companies who have had a or anyone else for that matter. and China have a seat at the U.N. stranglehold on our politics. Israel has been fighting for its exist- human rights table. These two stellar There is a reason why 47 million ence ever since it came into being a na- threats to their own people are self- Americans are uninsured. It’s because tion. they cannot afford the rates that the righteously condemning Israel. The whole world saw China’s disrespect for insurance companies charge. There is a b 1430 reason why 50 million Americans are human rights on display in Tiananmen Square. Religious persecutions, the underinsured. It’s because the copays In 1967, it was attacked by its neigh- one-child policy, forced abortions for and the deductibles are so high they’re bors. It gained territory in that defen- people who already have one child, per- driving people to the poorhouse. This is sive war, including in the West Bank, secutions of political dissidents are not just simply a matter of the health in Gaza and in the Sinai Peninsula. rampant, and speech against the gov- of our Nation and the health of our International law requires that land ernment is brutally suppressed. China people, it’s a matter of our economy won in a defensive war must be re- is, yes, a truly shining example of and the economic well-being of the turned when there is a negotiated human rights. Yeah, right. American family. peace. Congress rightfully should be debat- And then there is the tiny Com- Time and again, Israel has placed ing a single payer plan right now, munist country of Cuba, you know, the itself in jeopardy, has given back land which shuts the insurance companies Mario brothers, Fidel and Raul. They and has traded that land for an empty out of this grab that they’ve had here have over 250 prisons in that nation. promise of peace, and Israel is still for years, but we’re not going to do Political dissidents are beaten and tor- committed to peace. that. The best we can do and the least tured in this island paradise of persecu- we can do is at least have a public op- tion. Some have died in prison from Israel and the Palestinians need to tion so that people have some faith this abuse. Cuba is a nation that denies problem-solve their issues and need to that there is some bargaining agent in human rights to its own people. establish a permanent peace for Israel there to knock down the cost of insur- And then there is Iran. Iran also sits and for the Palestinian community. ance. on the United Nations Human Rights There must be a mutual respect for It’s time we stood up for the Amer- Council. Now, what a surprise that is. Jews and Muslims. Solutions will occur ican people and challenge these insur- What legitimate human rights organi- when respect and honesty are present ance companies and pharmaceutical zation would want Iran as a member? on both sides. What Israel asks in re- companies. Run by the mullahs and the little fella turn is that her enemies merely stop from the desert, Ahmadinejad, Iran f trying to kill her people. systematically violates human rights. REMOVAL OF NAME OF MEMBER Unarmed men and women are still in Yet the U.N. Human Rights Council AS COSPONSOR OF H.R. 676 and jail today for peacefully protesting this continues to bash Israel. Some mem- H.R. 3012 summer’s rigged presidential election. bers of the council are themselves Mr. MEEK of Florida. Madam Speak- You know, Madam Speaker, the elec- overwhelmingly guilty of human rights er, I would like to ask unanimous con- tion where the government murdered violations and of violent crimes sent to withdraw my name from H.R. unarmed students who wanted freedom. against their own people. These hypo- 676 and H.R. 3012. The ones who survived were beaten and crites have no place at the judgment The SPEAKER pro tempore. Is there tortured, they are denied medical care seat, deciding human rights violations objection to the request of the gen- in jail, and some are sexually assaulted for Israel or for any other nation. tleman from Florida? by the jailers as retribution. Some Ira- And that’s just the way it is.

VerDate Nov 24 2008 01:18 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.062 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11558 CONGRESSIONAL RECORD — HOUSE October 21, 2009 FEED THE HUNGRY, STARVE are too corrupt to keep them out, so cause they have no health coverage— TERRORISM the extremists are likely to find new by ignoring them, by not paying atten- The SPEAKER pro tempore. Under a recruits among the discontented popu- tion to them and by doing nothing to previous order of the House, the gentle- lations, and those recruits become ter- change the situations that led them to woman from California (Ms. WOOLSEY) rorists by training, and they are lose their lives. So I make this simple is recognized for 5 minutes. trained to attack the United States proposal: Ms. WOOLSEY. Madam Speaker, last and other countries. I propose that we identify them. I week, the Hill newspaper here in Wash- Even if the Taliban fighters in Af- propose that we honor their memories ington asked CRS, the Congressional ghanistan were to disappear into thin by naming them. They, themselves, Research Service, to provide informa- air today, a new terror threat is likely can no longer speak, but their families, tion on the cost of the war in Afghani- to pop up somewhere else in the world the ones who love them, can speak. So stan. where people are hungry, where people I’ve established a Web site called The CRS reported that it now costs are desperate. If we do a better job of namesofthedead.com. the United States about $3.6 billion per feeding the hungry, we will do a better I invite to it all of those people month, on average, or more than $43 job of starving terrorism, and we will who’ve suffered the terrible tragedy of billion a year. The CRS also reported take an important step toward restor- losing a loved one, whether it be of a that it costs about $1 million to send a ing our moral leadership in the world. son or a spouse or an uncle or a mother U.S. soldier to Afghanistan for 1 year. I know that President Obama under- or a father. For all of us who’ve lost So, if President Obama listens to the stands this. I urge him to incorporate somebody close to us because they had advice he is getting from some of those that understanding into his policies no health coverage, because they had around him and if he sends 40,000 more and to use the effective tools of no health insurance and because they troops to Afghanistan, the war will SMART security to make our Nation died, I propose that we all go to this cost another $40 billion a year, or near- and the world safer. Web site, namesofthedead.com, and that we name them, that we honor ly double. f them, that we cherish their memories, Yet what have we been getting, I ask The SPEAKER pro tempore. Under a and that we show our respect for their you, Madam Speaker, for all of that previous order of the House, the gen- money? The answer is: Higher casualty memories by simply naming them. tleman from North Carolina (Mr. I also make the following modest rates, a growing insurgency and an Af- JONES) is recognized for 5 minutes. proposal: that we all look forward to a ghan public that increasingly sees (Mr. JONES addressed the House. His day not too far in the distant future America as an occupier, not as a lib- remarks will appear hereafter in the when we honor them further in this erator. Extensions of Remarks.) way, that we honor them further by This is the result of a fatal flaw in f our Afghan policy since the war began. making sure that no more names are The SPEAKER pro tempore. Under a added to this list, that we close it out We have relied far too much on the previous order of the House, the gen- military option alone while, at the for all time so that, in the future, it tleman from Oregon (Mr. DEFAZIO) is will be a historical artifact and so that same time, putting very few dollars recognized for 5 minutes. no one will ever die in America because into what would really work in Afghan- (Mr. DEFAZIO addressed the House. one can’t see a doctor. istan. Instead, what would work is bet- His remarks will appear hereafter in f ter intelligence and better policing to the Extensions of Remarks.) disrupt terrorist networks; better gov- f UNITED STATES POLICY TOWARD ernance, justice systems, economic de- SUDAN AMERICANS WITHOUT HEALTH velopment, and humanitarian aid. The The SPEAKER pro tempore. Under a INSURANCE ARE DYING Afghan people desperately need all of previous order of the House, the gentle- these to have hope for a better future The SPEAKER pro tempore. Under a woman from Florida (Ms. ROS- and to have reasons to reject violent previous order of the House, the gen- LEHTINEN) is recognized for 5 minutes. extremism. tleman from Florida (Mr. GRAYSON) is Ms. ROS-LEHTINEN. Madam Speak- The supplemental funding request for recognized for 5 minutes. er, after 9 months of struggling to find Afghanistan, which I opposed in May, Mr. GRAYSON. Madam Speaker, I its footing, the administration has fi- was a lost opportunity to take a more pointed out 2 weeks ago that a Harvard nally unveiled its long-awaited policy successful approach to our relation- study published in a peer-reviewed toward Sudan. The policy looks re- ships in Afghanistan as 90 percent of journal established that 44,789 Ameri- markably familiar, and it has some the funding went to purely military ac- cans die every year because they have merits. Unfortunately, those merits tivities while only 10 percent of the no health insurance. are overshadowed by the prospect of of- supplemental funds was devoted to de- I was surprised to see the reaction in fering incentives and political legit- velopment activities and to the civil- some quarters. On talk radio, people imacy to one of the most manipulative ian surge, which are so badly needed. said, I don’t believe it. It simply isn’t and murderous regimes on the planet. To correct this disastrous imbalance, true. Somehow, ‘‘I don’t believe it; it The administration’s desire to bring Madam Speaker, America must have a simply isn’t true,’’ passes for logical, peace and development to Sudan is foreign policy based on SMART secu- intelligent thought these days. But it without doubt, but the desire to strike rity instead of military power alone. is true. Just a few days ago, a U.S. Sen- a conciliatory tone without first re- One of the advantages of SMART se- ator said that he wasn’t sure whether quiring that the Butcher from Khar- curity is that it works to eliminate the it’s true that 44,789 Americans die toum unclench his fist and meet cer- root causes of violent extremism by every year because they have no health tain conditions has placed the U.S. in a emphasizing economic development insurance. Well, if it were me and I position of weakness against a regime and debt relief to the world’s poorest wasn’t sure, I would err on the side of that has proven time and time again countries. The SMART Security Plat- caution. that it only responds to concrete pres- form for the 21st century, which I have Be that as it may, since the health sure. proposed in House Resolution 363, calls debate now turns upon whether we are This man, General Bashir, is a war for these policies. willing to change things in order to criminal; and he is responsible for the The need to increase aid to the Third make America a better place to pro- deaths of over 2 million people. This re- World was underscored last week, vide useful, affordable and comprehen- gime, rooted in radical ideology, is re- Madam Speaker, when the U.N. Food sive health care and to stop this ter- sponsible for the ongoing genocide and Agriculture Organization reported rible national tragedy where 122 Ameri- which has claimed 300,000 lives and has that a record 1 billion people worldwide cans die every single day because they displaced 3 million more. This cabal are now going hungry. The world’s have no health insurance, I make the will never be a part of a real solution poorest and hungriest nations are po- following modest proposal. to the crisis in Darfur, and it must not tential safe havens for violent extrem- I think it dishonors all of those be treated by the U.S. as a legitimate ists. The governments are too weak or Americans who have lost their lives be- partner for peace.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.066 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11559 There is no shortage of urgent prior- tleman from Washington (Mr. INSLEE) nomically, from maybe $37,000 or ities in Sudan, Madam Speaker. In for- is recognized for 5 minutes. $40,000 a year to over $450,000 a year, mulating a comprehensive strategy, we (Mr. INSLEE addressed the House. because of what the big banks did, not must focus on improving humanitarian His remarks will appear hereafter in because of what they did. Why should access and supporting the deployment the Extensions of Remarks.) Mr. INS- our local banks be made to pay the of a fully equipped peacekeeping mis- LEE of Washington. price of the excess of Wall Street? sion with robust rules of engagement f Credit unions, they told us one that to ensure civilian protection in Darfur; had a $20,000 fee in their share insur- ECONOMY IS NOT DOING BETTER also, finding a lasting political solu- ance fund. They are going up to over tion to the crisis in Darfur so that the The SPEAKER pro tempore. Under a $240,000 this year. That could shut people languishing in camps can go previous order of the House, the gentle- down credit unions across this country. home; woman from Ohio (Ms. KAPTUR) is rec- Why? Because the ‘‘too big to fail’’ thirdly, ensuring that the Com- ognized for 5 minutes. banks are dipping into the coffers. prehensive Peace Agreement is fully Ms. KAPTUR. Madam Speaker, just What’s happening at the local level is implemented while fostering genuine this morning to a roomful of Members that as these higher fees have to be reconciliation among southerners; of Congress, Secretary of Treasury Tim paid, those local institutions can’t fourthly, resolving outstanding Geithner said, and I quote, ‘‘Our econ- make loans. issues relating to contested areas, in- omy is doing better.’’ Boy, is he out of I will tell you what’s going on: A fur- cluding a demarcation on the north- touch. Let him come to Ohio. Let him ther concentration of our banking sys- south border; see where our people are living and tem in the hands of too few. Five banks also, seeing free, fair and transparent what we are enduring. in our country now have 37 percent of elections in April of 2010, a referendum Like many communities across our the deposits in our Nation. What does in 2011 and the results of each being re- country, our region has been dev- that say to you? spected. astated by the irresponsibility of the When will the price of credit be con- We need to balance our efforts in big banks where he came from. We trolled by the very few? In fact, it is Darfur with those in southern Sudan so have local banking institutions that right now. Smaller banks are drying that we do not sacrifice one region for were prudent in their lending and had up. The FDIC has had to resolve dozens the other. The conflicts in Darfur and strict underwriting. They belong to the and dozens of them, and more are on in southern Sudan are linked, and they Federal Deposit Insurance Corporation, the chopping block. Nearly 100 banks need to be treated that way. and they have for many decades. They have been resolved this year alone, and Critically, the United States needs a adhere to real rules and regulation, and the FDIC fund has taken a serious hit. comprehensive Sudan policy with the they have regulators in their banks fre- It is going to take a bigger hit. Now wisdom, the foresight and the teeth quently, and they don’t look for special they are going to the healthy banks to necessary to advance our own national privileges or taxpayer bailouts. try to pay for the ones that didn’t do it security interests while facilitating Overall, these community banks did right in the first place. viable peace efforts in Sudan. I don’t not contribute to the downfall of our So, who should step in? Where’s Con- doubt the administration has tried to economy, and they were not propped up gress? What are we doing? We are did- accomplish this, but it is difficult to by the Federal Government. Why is dling at the edges rather than dealing imagine a policy which presumes that this important? Because locally owned with the reality of what’s happening in the tiger will change its stripes simply and operated banks and credit unions communities across this country. because we asked. This is foolish at create real economic opportunity in You know what? It’s time to break best and dangerous at worst. their communities across this country. up these big financial institutions. We The President’s special envoy was all They invest local capital. They fund ought to take them into receivership too quick to embrace as a policy vic- local, small and medium-size busi- like other Presidents have done in tory the reintroduction of the three nesses, and they are accountable to prior years in prior decades. We ought nongovernmental organizations that their customers. They know them by to resolve the loans on their books, and have been expelled from Sudan, but name. we ought to incentivize the part of our let’s keep in mind the situation was Right now, in most economically de- economy and those banks and credit created by the callous actions of Khar- pressed communities, because of what unions that didn’t do anything wrong. toum in the first place and that the happened on Wall Street and the That isn’t happening. ‘‘Too big to campaign of intimidation and obstruc- megabanks, credit is shut down. It’s fail’’ has to leave our financial vocabu- tion against NGOs continues unabated. hard for our small businesses to keep lary. It’s time to return to Banking 101. In rolling out this policy, Secretary their doors open. They don’t want Wall Street was rewarded for bad be- Clinton stated, ‘‘Assessment of money from TARP and the Federal havior, and they have been rewarded progress and decisions regarding incen- Government like the Wall Street for the last 15 years. They will do it tives and disincentives will be based on banks. They just want to return to again, and they are being rewarded verifiable changes in conditions on the business as it used to be, prudent, re- again. So what do you think they are ground.’’ sponsible, innovative, creating local going to do again? Ambassador Susan Rice then warned capital in the marketplace. No more rewards. that there would be ‘‘significant con- But in America, there is no business Madam Speaker, the culture of greed sequences’’ for those who failed to live as usual right now. On Monday, I met and excess has to go if America is to up to their promises and that there with many of these local bankers and survive this terrible meltdown. The big would be ‘‘no rewards’’ for the status credit unions, and what I heard makes banks should be taken into receiver- quo. me sad and makes me angry, and it ship, their books resolved, and their makes me troubled for the future of b 1445 burden taken off the rest of us, our fi- our Nation. One banker told how he nancial system and the good actors in It will be incumbent upon Congress worked his way up in one of the big to hold the administration to these it, our taxpayers, so our economy can banks and then saw how capital moved grow again. Nothing else should be ac- pledges. In the interim, the U.S. must away from our community to where maintain strong sanctions on the Suda- ceptable to the President, the Congress that bank was headquartered. He didn’t and this country. It’s long overdue to nese regime. U.S. leaders must refuse want to leave our community, so he to be duped by empty gestures and win- stop the billion-dollar bonuses and re- went to work for a local bank, where store finance as usual in our country. dow dressing designed to make us for- he has now become the head of that get about the horror which has taken bank. f place in Darfur and beyond. What’s on the horizon for that insti- The SPEAKER pro tempore. Under a f tution? The FDIC fees that have to be previous order of the House, the gen- The SPEAKER pro tempore. Under a paid by these local banks that didn’t do tleman from Kansas (Mr. MORAN) is previous order of the House, the gen- anything wrong are going up astro- recognized for 5 minutes.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.069 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11560 CONGRESSIONAL RECORD — HOUSE October 21, 2009 (Mr. MORAN of Kansas addressed the the shuttle and the Constellation Pro- The SPEAKER pro tempore. Under a House. His remarks will appear here- gram and keep America first in space. previous order of the House, the gentle- after in the Extensions of Remarks.) I will share more about NASA tech- woman from North Carolina (Ms. FOXX) f nology with you in our next space mo- is recognized for 5 minutes. ment. (Ms. FOXX addressed the House. Her NASA SPACE MOMENT AND In the meantime, on an unrelated but remarks will appear hereafter in the PERILS OF CHINESE DRYWALL another important topic, as a member Extensions of Remarks.) The SPEAKER pro tempore. Under a of the Contaminated Drywall Caucus f previous order of the House, the gen- and a representative of an area im- IN MEMORIAM: DR. RITA HOCOG tleman from Florida (Mr. POSEY) is rec- pacted by contaminated drywall, I INOS ognized for 5 minutes. wanted to take a few minutes to draw Mr. POSEY. Madam Speaker, it’s a the attention of my colleagues to this The SPEAKER pro tempore. Under a critical time for NASA and our Na- also very important issue. previous order of the House, the gen- tion’s leadership in space, as you well Between 2004 and 2008, many homes tleman from the Northern Mariana Is- know. were built using what has turned out to lands (Mr. SABLAN) is recognized for 5 With the looming retirement of the be organically contaminated drywall. minutes. space shuttle and the risks of a grow- Homes in 26 States and the District of Mr. SABLAN. Madam Speaker, in the ing space gap, we are losing tens of Columbia are affected. It is particu- Northern Mariana Islands, as in any thousands of additional jobs across the larly problematic in areas like Florida developing area of the world, there are United States. These are jobs in indus- where we have high humidity. very few people who achieve the high- tries that develop the cutting-edge A little over a year ago, it was dis- est of academic distinctions, the doc- technology that raises our standard of covered that the source of a number of torate degree. Even fewer are the indi- living and helps American businesses corrosion issues and health symptoms viduals who reach this achievement compete. were likely due to contaminated and then are willing to return home NASA has been at the cutting edge of drywall originating in China. Since with their knowledge and skills. So it technology, leading to so many devices then, we have been working hard to is a sad day, indeed, and a terrible loss and luxuries that we use every single find a solution, and what we have dis- to the Northern Mariana Islands when day. Imagine what a day without covered is pretty disturbing. death takes from us such a person. NASA products would be like. The contaminated drywall consists of Dr. Rita Hocog Inos was born on the First, you may not have had a good toxic and semi-toxic substances which island of Rota. She grew up in night’s sleep if you normally sleep on release harmful gases. Many of these Songsong Village there, attending ele- one of those temper foam mattresses or homes are filled with a pungent sul- mentary and junior high school. At the pillows, which were originally designed furic odor which has since been linked age of 18, she began teaching at Rota by NASA as a shock absorber. You may to adverse health conditions. Some Elementary School. It was not uncom- have even overslept without NASA’s families have already been forced to mon a generation ago for persons with- quartz timing in your alarm clock. move out of their homes for fear of out college degrees to be teachers in Being green won’t help you get ready long-term health effects. the Northern Marianas. We had to for work in the morning if you have a These gases are also responsible for make do and lift ourselves up by our solar hot water heater installed in your devastating corrosion to many stand- own bootstraps. roof, because cosmetics, toothpaste and ard household materials such as copper But Rita Inos was not satisfied to be many perfumes find their roots in and brass fittings, air conditioner coils, an educator lacking in education. After NASA. electrical systems, and even fire 4 years of classroom teaching, she re- Before you head out the door, you alarms. We don’t know if there is a turned to school as a student and com- may have difficulty getting an accu- valid remediation protocol short of pleted her bachelor of arts degree in bi- rate weather forecast due to the lack of pulling all of the contaminated boards lingual education at the University of weather satellites coming out of our out and replacing them. Hawaii of Manoa in 1979. Nation’s space program. The Consumer Product Safety Com- She brought her new education and Better use a landline telephone to mission has been tasked as the lead skills home, working as principal in call work and let them know you are Federal agency and is working with the Rota schools for 10 years. At the same running a little behind, because cell Department of Housing and Urban De- time she continued her own education phones and other wireless devices will velopment and the Environmental Pro- with a determination that was an in- be out of service on a day without tection Agency to find solutions. The spiration to all who knew her. By 1983, NASA-derived technology. Consumer Product Safety Commission Rita Inos had completed her course Getting to work might be a challenge will soon release a study to answer work towards a master’s degree in edu- as well, particularly if you drive a hy- some of the questions. They are also cational anthropology from California brid. The lithium-ion battery in your working on a remediation protocol. State University and had been awarded hybrid was developed with NASA engi- The Consumer Product Safety Com- the master of arts in school adminis- neering expertise and tested at the mission must work closely with all tration and supervision degree from Kennedy Space Center. Get rid of that parties, seriously consider the results San Jose State University. temper foam seat on your motorcycle of private studies and share the results Throughout this time she was, of that you might ride to work. of their own studies with all stake- course, a role model, not only to the Don’t plan on flying to that vacation holders. We need all parties to be part students of Rota but to her profes- or important job conference. NASA-de- of a quick and permanent solution. sional colleagues as well. Rita Inos veloped flight tracking and manage- I ask all of my colleagues to join me seems to have had an unquenchable ment software is used by air traffic in thanking all those who are working thirst for knowledge and an controllers. It probably won’t surprise so hard on this issue and in calling on undeterrable determination to reach you that flight safety software was de- the CPSC to bring forward their study the highest level of education and veloped by NASA. Just in case you find results quickly. achievement. That was clear to all. yourself on an airline, it may be a Her influence spread. She was asked bumpy ride without NASA software f to first work for the Center for Ad- that informs the pilots of turbulent The SPEAKER pro tempore. Under a vancement of Pacific Education and conditions. previous order of the House, the gen- later in the Pacific Region Educational Work may be a little difficult too tleman from Indiana (Mr. BURTON) is Laboratory in Honolulu, beginning as without access to NASA computer recognized for 5 minutes. director of programs and services and technology and their wireless headsets. (Mr. BURTON of Indiana addressed then becoming deputy director of These are just some of the reasons we the House. His remarks will appear PREL overall as a whole. must also support the President’s hereafter in the Extensions of Re- Of course, all the while, Rota Inos promise to close the space gap between marks.) was pursuing her doctorate. She earned

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.073 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11561 that coveted final degree in 1994. The The SPEAKER pro tempore. Under a we say may be broken about our sys- University of Southern California be- previous order of the House, the gen- tem, certainly they prefer to do that if stowed on her the title of doctor of tleman from North Carolina (Mr. they can. In fact, some of the immigra- education in educational planning, pol- MCHENRY) is recognized for 5 minutes. tion to our Nation is based upon older icy, and administration. (Mr. MCHENRY addressed the House. people wanting better health care. And Dr. Inos immediately placed those His remarks will appear hereafter in when you observe that with govern- three areas of expertise in the service the Extensions of Remarks.) ment-regulated health care, older peo- ple can get two free cancer treatments, of students and the educational system f in her home. The newly minted doctor and then they must consent to go home The SPEAKER pro tempore. Under a of education became commissioner of and prepare to die, you understand why previous order of the House, the gen- education responsible for all of the the world envies our tradition of health tleman from Wisconsin (Mr. KAGEN) is public schools in the Northern Mari- care in America. recognized for 5 minutes. anas. She continues: My family have had (Mr. KAGEN addressed the House. Her list of accomplishments in that surgeries, transplants, various tests His remarks will appear hereafter in position is considerable. and medical maintenance checkups in She established a data-driven assess- the Extensions of Remarks.) facilities in a number of countries ment system of student achievement f where medicine has long been regu- lated by the government. My first in- that anticipated the requirements of HEALTH CARE No Child Left Behind. troduction to this was hearing a na- She implemented a standards-based The SPEAKER pro tempore. Under tional friend express her joy, and oth- curriculum and method of instruction, the Speaker’s announced policy of Jan- ers, by this statement: God has been so and set rigorous graduation require- uary 6, 2009, the gentleman from Mis- good to my mother. She got in a hos- ments for students in the core cur- souri (Mr. AKIN) is recognized for 60 pital where the staff mops the floors riculum areas. minutes as the designee of the minor- and changes the sheets. For an Amer- She secured the funding to build new ity leader. ican used to even community health schools—Sinapalo Elementary, Dandan Mr. AKIN. Madam Speaker, it’s a clinics that surpass some of the west- Elementary, Chacha Oceanview Junior treat to be able to join my colleagues ernized, that is, these European spe- High, Saipan Southern High and today here on the floor of the U.S. Con- cialized clinics, that I have seen in Eu- Kagman High—in response to a 30 per- gress talking, once again, about a sub- rope, this was a shocking first revela- cent growth in student population. ject that has absorbed the attention tion that government-run health care and energies of Americans now for a was not all that it had been cracked up b 1500 number of months, the subject of to be. She helped found two alternative American health care. Then she goes on and talks about education settings for Marianas stu- This is a big subject. It involves 18 some different people that might be dents, the Advanced Development In- percent of our entire gross domestic getting health care. The first category stitute at the three Saipan high product. If you take a look at the hos- she talks about is the elderly. She goes on: Later as I became a regular visitor schools and the Linala Malawasch pitals, health care providers and doc- in middle-class hospitals, I saw first- Academy at Hopwood Junior High tors and all, you’re looking at 18 per- hand how very fortunate we are in School. And she set the guidelines for cent of the U.S. economy. So from an America. I speak here of hospitals and the public school system that continue economic point of view, it’s a big deal. clinics to speak of care for the elderly in use today: high student perform- But we know it’s a bigger deal than as almost too sad to describe, she says. ance, safe and orderly schools, quality just that. We know it’s a big deal be- But I can tell you that whereas once I teachers, administrators and staff; and cause it’s dealing with our personal was incensed by a low-budget nursing effective and efficient operation. bodies. It’s a personal issue. And it’s home my aunt was placed in—now she Dr. Rita Hocog Inos was an incredible something that has to be done, and it says in America she had an aunt that source of good for the Northern Mar- has to be done the right way. iana Islands and for every student in was placed in a low-budget nursing There are many different ways of home. She was very upset about that our public schools, throughout her life looking at and talking about the sub- and surely for many years to come. She kind of care in America. Now that I ject of health care, and I’m going to be have ministered to elderly people lying left us too soon. But she left us so going through those. I anticipate being much, including one final gift, for in in narrow beds in the back corner of joined by some of my colleagues and dingy two-room apartments because her final days, Dr. Inos had returned to friends here talking about this issue, her first love, preserving the indige- nursing homes or assisted-living pro- but I thought I might start a little bit grams are beyond the hopes of the peo- nous language of the people of the differently this week than I have in Northern Mariana Islands. Even as her ple who supposedly have free access to some past weeks on health care and their nation’s health care system, I body failed her, her mind remained read excerpts from a letter that I have sharp, and her will unbending. I am think of my aunt and am grateful she received from a lady I have known for had a comparatively luxurious environ- told that she learned the revised a good number of years. It turns out Chamorro dictionary that was her final ment. So much for the elderly. that she works in Europe, Eastern and Let’s talk a little bit about children. project was ready for publication the Western Europe, has had a family over As for the care of children in a govern- day before she died. And, I am told, there for more than 10 years and has ment-regulated system, let me give one then she was at peace. had access to the health care in a num- example. As a public school teacher in f ber of different Eastern and Western a capital city, I was not allowed to help The SPEAKER pro tempore. Under a European countries. the orphan girl who lived with me to previous order of the House, the gen- So I thought I would share some of get glasses, though she obviously need- tleman from Georgia (Mr. DEAL) is rec- her comments as she hears about our ed them. According to the school nurse ognized for 5 minutes. debate here in the United States on the in charge of the health of the children (Mr. DEAL of Georgia addressed the subject of health care and has shared in that school, she did not qualify. Un- House. His remarks will appear here- some of her personal experiences from fortunately, I did not realize then that after in the Extensions of Remarks.) having lived there. She starts by say- this was my cue as caregiver to offer f ing, The first thing I note about the the nurse financial incentive to write The SPEAKER pro tempore. Under a system of health care is that people the recommendation to request an eye previous order of the House, the gentle- who want really good health care trav- exam at the government clinic. In woman from California (Ms. CHU) is el to the U.S. if they can at all. other words, here is a little girl in a recognized for 5 minutes. It’s interesting, isn’t it? People in school that can’t see properly, and you (Ms. CHU addressed the House. Her Eastern Europe or Western Europe, if have to bribe someone in order to get remarks will appear hereafter in the they want really good health care, they an eye exam. So much for government Extensions of Remarks.) travel to the U.S. So regardless of what care for children.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.077 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11562 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Here’s one for women. This is from omy. This is the House Democratic programs created some many years her own personal example: No woman health plan. There are several others in ago. One you know is Social Security, enjoys her gynecological annual check- the Senate. But this is the House pic- which is not so much medical. But up. I would ask American women to ture. And what you see here, in a sense Medicare and Medicaid are. If you take imagine a scene where in one of the is, if you’re a consumer, if you’re ill, a look at the projected growth, par- best clinics you sit in a stark, icy cold you’re over here, you’ve got doctors on ticularly in Medicare here over a pe- room, naked from the waist up as folks the other side and you’ve got to some- riod of time, you realize that the gov- walk in and out until you learn to how get through this maze. I was ernment is not doing a good job of con- bring your own cover-up when awaiting thinking about creating a cartoon with trolling cost. It’s almost impossible, in a mammogram. Imagine that one of all these little paths and you would fact, for the government to try to con- the best clinics in your city cannot find that, unfortunately for many peo- trol the cost. They’ve written the pro- give you more sophisticated testing for ple, there is no path through this mo- gram, written all of this law, and the a suspicious spot, and after seeking a rass of government bureaucracy. law just ticks away and people collect clinic in a neighboring country, you Now there are some people who have their benefits. It’s called an entitle- end up in another stark clinic where a tremendous faith in Federal Govern- ment program. These entitlement pro- attitudes and expectations are demean- ment, have a lot of faith in government grams—these graphs are agreed-to ing to any woman’s dignity. Eventu- in general, and feel the government numbers by liberals and conservatives ally, you are sent where for reliable could run this process better. But when alike—are showing that these pro- testing? To America. you think about it, it’s your body. And grams are financially out of control. In These are just some of the impres- if you’re sick, do you really think the fact, if you really want to take a look sions of someone that in a number of government is going to provide you at understanding the real challenges to countries has dealt with government- with a level of care? the American economy and the biggest run health care systems. And they are So the first thing here is there is a challenges to the solvency of our gov- not very pretty pictures. complexity. It’s very hard for the gov- ernment, certainly the major compo- That’s what we’re going to talk ernment to reproduce our free enter- nent parts are the tremendously bal- about once again, and that is, what prise system of health care. And so this looning increases of Medicare, Med- happens when our government tries to gives you a picture as to what the icaid and Social Security. do too much, when the government de- Democratic bill would look like. Now 1515 cides that we are going to take over 18 what I would suggest to you is that if b percent of the economy. Now, there are you take a look at American health Now, this red line here is about what those who are going to tell you that care, there is a lot of talk about it the historical average of tax revenues what’s being proposed by the Demo- being so bad. And yet foreigners, if are. You think, well, shoot, if these crats is not a government takeover of you’re sick, if you’re a multimillion- things go up, we just raise taxes more health care. Well, it all depends on aire sheikh from Bahrain and you’re and everything will be okay. But that what version you’re looking at. But in sick, guess where you’re going to go doesn’t necessarily work, because what essence, most of the versions of the with your money to get your health happens when you raise taxes too high, Democrat-proposed health care plans taken care of? You’re going to come to you kill the economy. You may have a have the idea that the government is the good old U.S.A. very high rate of taxes, but the amount going to get into the business of bid- So in America, we realize that there of money that the government takes in ding for government health insurance. are some problems in health care, but is not very good. And so if you have the government get we also realize that we still have the That may seem strange to you, but if into the business to start with, what best health care in the world. So the you really think about it, let’s say you happens is typically that the govern- idea that we just have to have change, are king for a day and your job is to ment tends, over time, to take the let’s change it to make it like all these raise taxes by taxing a loaf of bread. thing over. other countries, doesn’t make a whole And you think to yourself, well, I could We’ve seen the same thing in student lot of sense. charge a penny a loaf and make some loans. There were government-assisted What is broken about American tax revenue on that. Then you think, student loans a number of years ago, health care? If you stand way, way ha, maybe I could charge $100 a loaf on but there were a lot of private people back and look at it from a distance, bread. But maybe people wouldn’t buy offering student loans. Now after a bill what you see is that it’s not so much so much bread then. Somewhere be- that was just passed, essentially the the care that is being provided for peo- tween a penny and $100 there is some Federal Government, while it just had ple, although there is always ways you optimum level of taxing where you are its toe in the door before, now it has 80 can improve that, what is more broken going to get the most tax revenues. percent of all the student loans in is the way we pay for it. That is the What we found historically, when the America. more complicated question. And the Federal Government runs its taxes too And so what happens if the govern- reason that’s complicated is because high, it just kills the economy and we ment does too much? It goes beyond about one-third of Americans don’t pay end up not making too much money. what it’s effective at doing. Well, we anything for health care, and the other So you can’t fix this problem by con- have seen some of these kind of two-thirds have to pay for the one- stantly taxing people more and more. things—inefficient allocation of re- third that aren’t paying. So that’s part So, with this experience, this would sources, bureaucratic rationing, de- of the nature of the problem. give us a lot of confidence to say we graded quality and excessive expense. But the question is, is the solution to want the government running our This has led people to quip in the case that problem to have the government health care. I would suggest now that of health care, ‘‘If you think health take it all over, either directly or de that is an optimistic way of looking at care is expensive now, just wait till it’s facto by getting into the business of things, if you want the government to free.’’ selling health care until nobody else do that. And so let’s take a look at some of sells it except for the government? This is a statement made by our these areas and see this if there is real That’s what this proposal would sug- President. ‘‘Most of this plan can be cause for concern. The first chart that gest. paid for by finding savings within the I have here is an attempt to try to put Now there are other problems as we existing health care system, a system on a flowchart the proposal that NANCY have seen. Excessive expense is one of that is currently full of waste and PELOSI has set forth in the House plan. the things you have to worry about abuse.’’ And it’s about a 1,000-page bill, so this when the government takes over some- It is as though we had some govern- chart, to try to reproduce 1,000 pages, thing. Do we have any reason or basis ment document in our ledger books what they’re doing is all of these col- for being concerned about an aggres- that said ‘‘waste and abuse,’’ and we ored boxes are new agencies or some sive government takeover of the med- can just subtract some money out of new structure which is going to start ical area? Well, take a look here at waste and abuse and we have all this taking over this 18 percent of our econ- three of the large, large entitlement extra money in here.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.083 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11563 Well, where was it he was going to go going to be having the government things aren’t going to work. So you to get all of this ‘‘waste and abuse’’? take over health care, if they told me have everybody in the country wanting Well, he was going to go to Medicare. I could kind of keep the program I have absolutely free health care and you And how much money was he going to and the doctors that I am comfortable have got a limited number of hospitals take out of Medicare? Oh, at one time with, I would think that is a good and doctors, something has got to give. the estimate was $500 billion being promise. I really like that. But is it So what is the solution? Well, the taken out of Medicare, particularly the true? Is it true? Let’s take a look at government bureaucrats are going to Medicare Advantage program which is what other evidence there is to see if get these big old calculators and they enjoyed by many seniors all over this this is true or not. are going to figure out whether you are country. This is an MIT health economist. ‘‘If the right age to get this particular So here he says, ‘‘Most of this plan you like it, you can keep it?’’ with a health care or not, or maybe use other can be paid for by finding savings with- question mark. Is that really true? If parameters to determine do you get in the existing health care system.’’ you like your health insurance today, service or do you not. It is called bu- What sort of savings? Taking it out of can you keep it? reaucratic rationing. Medicare. That is one of the reasons Here is what Jonathan Gruber said. You know, the trouble with their cal- why these health care proposals have ‘‘With or without reform, that won’t be culators, those big old calculators, been not too popular. The senior popu- true,’’ said Gruber. So he is basically they don’t know anything about health lation enjoys Medicare Advantage and saying the President is wrong, it is not care. They are just counting dollars. other parts of Medicare, and they are true. His point is that the government So, if you are the wrong age, too bad. not so sure that this is the way to pay is not going to force you to give up You get a bottle of aspirin and get to for socialized medicine. what you have, but that is not to say go home and just wait to die. Another statement by our President: other circumstances won’t make that Anyway, one of the things that is ‘‘Here is what you need to know. First, happen. very important to Americans is the I will not sign a plan that adds one So, what you have going on here is idea that you and your doctor’s deci- dime to our deficits, either now or in that by having the government in- sions about health care should be pro- the future. Period.’’ volved in health care, what is going to tected and final. So this is something Very emphatically. I am not going to happen is the government will continu- that never can happen here on the floor add one dime to our deficit, says the ously exert an influence. It will change of the House, because people wouldn’t President; yet, if we take a look at the the way that the private insurance want an embarrassing vote to happen last 6 months, we kind of wonder companies write their health care, and here on the floor. But they do allow whether he is really very serious, or you will not be able to continue with amendments in committees. maybe whether he was joking. Because the care that you currently have. So Here was an amendment that was of- if you take a look the Wall Street bail- this is another promise which is a bit fered by a good friend of mine, Dr. out, $250 billion we spent; economic misleading. GINGREY from Georgia, an amendment stimulus, which was really an expan- One of the things that is particularly in a committee. Here is what the sion of welfare and a lot of other pro- important I think for most Americans amendment says: ‘‘Nothing in this sec- grams, $787 billion; SCHIP, another $66 in health care overall, and that is they tion shall be construed to allow any billion; another $410 billion for appro- want that doctor-patient relationship Federal employee,’’ you can translate priations in the IMF bailout here. protected. When you go to see your that bureaucrat, ‘‘or political ap- When you get all done, we are looking doctor, most of the people who practice pointee,’’ an appointed bureaucrat, ‘‘to at a spending of $3.6 trillion, which we dictate how a medical provider prac- medicine do so because they like to don’t have. tices medicine.’’ heal people, they like to help people, In fact, by the time we got to about That is, we want to leave the doctor- March or April of this year, we had and they will take time with you. They patient relationship intact. That is spent all the money that was coming in will try and diagnose what is wrong what this is about. This is kind of a in taxes. In other words, it would be with you, and they are going to say, simple little amendment. You may like you and your family budget, and you know what I think you should do, think we pass thousand-page bills on you are sitting there, you have one you ought to do this, this and this. the floor here that we haven’t had read They are going to make a rec- year you are supposed to make your or printed. That is true. We don’t like budget over, and you get through the ommendation. You may or may not it. We have a bill to try to fix it. That first 4 months and you have spent all choose to take their advice. You may does happen. This isn’t any 1,000 pages. the money for the year. That is what get a second or third opinion if it is This is a simple little sentence. You happened here federally with the tril- something that is very serious, but you can read it off this chart. This amend- lions of dollars of debt and deficit that are going to check it out. Then, when ment was offered in committee, and is being piled up under the Pelosi and you and the doctor eventually come up guess what? This amendment failed. Obama leadership. with a plan as to what you are going to People voted on it. Do you like this? We were told that George Bush spent do if you have a problem, you don’t Do you want to keep the doctor-patient too much money, and he did. That is really want somebody in an insurance relationship sacrosanct? why I voted against a bunch of his pro- company telling you, No, you can’t do Here is the votes. The Republicans, 23 posals even though I am a Republican. that. You want to be able to have the of them, voted for this amendment But he is a mere piker when it comes doctor-patient relationship to be intact that Dr. GINGREY proposed. The Demo- to spending. So when we say we are not and that you can proceed on that crats, 32 of them, voted against it, and going to add one dime for a health care track. You certainly don’t want some- one voted for it. So it was almost a plan that isn’t paid for, this record body that works for an insurance com- straight party-line vote, and this that has been established over the last pany getting in the way. amendment failed. This amendment 9 months certainly is one that leads us But there is one thing worse than failed. to be just a little bit skeptical about some big insurance company getting So if we start talking about some bu- that promise. their nose in the relationship between reaucrat dictating whether you are We have had some other promises you and your doctor, and it is much going to get care or rationing of health from the President. Here is one: ‘‘If you worse, and that is when a bureaucrat care, don’t be surprised. A lot of politi- are among the hundreds of millions of gets his nose in and says, Sorry, you cians say a lot of things. This here is a Americans who already have health in- are not qualified to get that care. written sentence in English, and this surance through your job, Medicare, You see, there is nothing about the here is an historic vote total. People Medicaid or the VA, nothing in this bill way the bureaucrat is going to figure can have opinions, but they don’t have will require you or your employer to out who is going to get care, because the right to their own set of facts. This change the coverage or the doctor you this is basically a law of supply and de- is a fact. This is what happened in com- have.’’ mand. It is a basic law like the law of mittee, and this should give you some Boy, I am sure glad to hear that. One physics, and that is, if you have an un- concern if you don’t want the govern- thing, if I knew the Congress were limited demand and a limited supply, ment rationing your health care.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.085 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11564 CONGRESSIONAL RECORD — HOUSE October 21, 2009 Here is another statement by our So we hear one thing from the Presi- going to be lost, one of the big things President: ‘‘There are also those who dent, and yet, in fact, when we actually that’s going to be lost is the person claim that our reform effort will insure put an amendment up in committee, who’s sick having some say over the di- illegal immigrants. This, too, is false. we find a straight party-line vote. rection of which way they’re going. I The reforms I am proposing would not Some people say there is no dif- think this big blue button here, this is apply to those who are here illegally.’’ ference between Republicans and the nerve center. And if you want to be Well, I am glad to know that the peo- Democrats. If you worked down here, in the right place in health care, you ple who are paying for health care in my friends, you would know there is a want to be this health care—I don’t America wouldn’t be having to pay for very big difference. A very big dif- know if this is a czar or not. people that aren’t even American citi- ference indeed. Mr. HOEKSTRA. If the gentleman zens. And that is what the President is I am joined by a good friend of mine, will yield. assuring us of. We are not going to be Congressman HOEKSTRA, and you have Mr. AKIN. I do yield. paying for people who are here ille- joined us before as we have talked Mr. HOEKSTRA. Yeah. We’re not gally. about health care, just kind of running only taking the authority and the op- Well, again, like a lot of these other through a whole series of different as- portunity to control your health care statements, instead of just taking it at pects of what is involved in this huge when you’re sick, but it’s more impor- face value, you probably better take a debate that is taking place. Appar- tant. It’s like for our young kids, for look at the fine print to see if he is ently, at some period of time there is our kids. What we’re doing is for the telling the truth, because the last cou- going to be a big vote on this subject. young person who is saying, you know, ple of statements he made, I don’t be- I don’t know if we will get a copy of I might want a high deductible plan be- lieve him at all. Do we have any reason the bill or not, but there is going to be cause I want low premiums because to believe this statement? Let’s take a a big vote. I’ve got a dream of starting a new busi- look and see. I would yield time to my good friend ness and I need all the cash that I can This is an amendment that was of- from Michigan to let us know what to funnel into that start-up business fered by Congressman HELLER, and it is your thoughts are. because, you know what? I’ve got the going to clarify this question. This is Mr. HOEKSTRA. I thank my col- belief and the dream that my business an amendment that is going to go on to league for yielding and talking about is going to be the next Apple computer, the Democrat health care bill. It was health care. and I want to use all of my available tried in committee. What he wanted to You know, we can go through all of resources after I’ve got, you know, do was, Congressman HELLER, who is a the different issues that are out there after I’ve bought this health insurance Republican, he wanted to take Obama on health care, what is going to be cov- plan because I do recognize that I want up right on this promise right here ered, what is not going to be covered, to be covered if I get a catastrophic ill- that he made that no illegal immi- but I will tell you, the more that I look ness or whatever. But I want to put grants are going to be getting any of at this and the more that I study, the that money into my business. They’re this government-paid-for health care; more that I am coming to the conclu- not going to have that opportunity translated, that means you and I pay sion this is not about the quality. It is anymore. for it. not about the quantity of health care Mr. AKIN. Just reclaiming my time. So, he says, well, fine. If that is what in America today. This is becoming Gentleman, you’re talking about a sit- you mean, we are not going to have il- more and more about who is going to uation, you’re 30 years old, bullet legal immigrants getting health care, control your health care, my health proof, but you say, yeah, it’s possible. what I am going to do is write up a sen- care, my family’s health care. It is If I got the really bad part of the sta- tence here just to make that abso- about control. Because health care is 18 tistic, I could get something I couldn’t lutely clear. Here is the sentence: In percent of the economy, and it is going afford to pay for so I’m going to get order to utilize the public health insur- to be about whether you and I are that catastrophic plan that fits me in ance option, an individual must have going to be in power to make those de- my situation. I don’t need OB–GYN had his or her eligibility determined cisions, whether our families and oth- coverage because I’m a guy, and so I and approved under the Income and ers. don’t need that part of the plan. I’m Eligibility Verification System, IEVS, Someone called me after I did the just going to get this catastrophic and the Systemic Alien Verification Special Order last night and they said, thing and take the rest of my money for Entitlements, SAVE, program. you know, it is not you and I empow- and I’m going to put it into my small In other words, using other parts of ering people in the private sector. They business because I’ve got a dream. our government law, you have to prove already have the authority. They take Mr. HOEKSTRA. If the gentleman that you are here legally if you are a look at the Constitution. The Con- will yield. going to get any of this health care stitution gives them that authority to Mr. AKIN. Go ahead. provided courtesy of the U.S. Govern- make these kinds of decisions for Mr. HOEKSTRA. I think what we’re ment, provided courtesy of the U.S. themselves. taking a look at here—because what taxpayer. happens is we’re shifting the authority 1530 So here is an amendment that just b from individuals to make those kinds makes clear that what the President It empowers the States. It is the of decisions, and we’re moving it right was saying is true. And how did this States that have the power to do it. into that chart that’s next to you and amendment go in terms of voting in The only thing that may happen here saying, your health care decisions are committee? Well, here we have it in Washington is we may take that au- now going to be made by the people in again. The Republicans voted 100 per- thority and that opportunity away those charts, the people who fill those cent; that is, 15 of them voted for this from them and say, I’m sorry, the boxes. You don’t know their names. amendment. They said, yeah, we don’t choice of health plans that you may You don’t know their background. You want illegal immigrants getting this have, we’re going to restrict that. don’t know their values. All you know socialized health care. And the Demo- We’re going to restrict that. You’re not is that the health czar, I guess that crats voted 100 percent, that is 26 noes, going to be able to choose a health sav- blue box there—— and they don’t want this in the bill. ings account. You’re not going to be Mr. AKIN. If you push this button, Now, does that give you a sense of able to choose a high deductible ac- it’ll make the whole thing go, I think. confidence that what the President count. Everyone’s going to have to pur- Mr. HOEKSTRA. But you push that said is really true? If we didn’t want il- chase from a narrow range of options of button 181 times I think in one of the legal immigrants to be getting this more Cadillac-type of plans that have bills here in the House, we’ve in- health insurance from the government, all kinds of benefits into them, many structed the czar to, you shall, you wouldn’t the President say, hey, Demo- that people don’t want. So it’s about will, you must and every time that crats, vote for this amendment so we control rather than quality and quan- health czar has the opportunity to can make it clear to the public that we tity of health care. make that kind of a call, that’s a little don’t have any illegal immigrants get- Mr. AKIN. So basically what you’re bit more of an erosion of the power ting this? No. Of course, this is voted. really saying is one of the things that’s from you and me and our constituents.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.086 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11565 The other thing is it’s an erosion of went through West Virginia. And they after study talking about the billions, power from our States. There’s lot of said, West Virginia has gorgeous roads tens of billions, of dollars which we are States that are experimenting with and all we’ve got is potholes. wasting because we have frivolous law- how to fix health care, how to issue, Mr. AKIN. Well, I think somebody’s suits. address some of the concerns that are getting their fist in some of that Fed- And there are ways of dealing with out there. And so they’re experi- eral money. You know, you talk about that, but I have noted that it is not in menting and they’re working, and now free enterprise. One aspect is in free en- the bill that came out of Energy and we’re saying, Sorry, it’ll be one size terprise you can fail, and we even allow Commerce. It is not in the bill that fits all. It’ll be the size that comes out some of our States to fail. You talked came out of Ways and Means. It is not of Washington. Where in the Constitu- about their examples, Massachusetts in the bill that came out of the other tion, this right now, our colleague, you and Tennessee have been pioneers in committee here in the House. It is not know him well, JOHN SHADEGG, and I this system. And what have we learned in the bill that came out of the Senate wrote a series of op eds, one of which from them? It’s like Thomas Edison Finance Committee. It is not in the bill says we have a vision for health care making light bulbs. He made 100 light that came out of the Health Committee which is about markets and it’s about bulbs. The first hundred, none of them on the Senate side. In other words, it’s personal authority. That was the first worked. Well, these light bulbs don’t not in any of the bills that we’re going thing. work either. They not only have mer- to dealing with. The second op ed we wrote was one cury in them, you turn them on, they And that prompts this question: that said, here’s what’s wrong with the just cost you money and don’t work. What happened to August? Did August Baucus plan. Actually, the Investor Mr. HOEKSTRA. And this will be the actually occur? Did those town halls Business Daily that ran that op ed, first light bulb that we try, and we will come together? Was that imaginary, they put their own title on it. They impose it on all of America. As a mat- or, like the President did in his speech called it, ‘‘Lies, earmarks and corrup- ter of fact, we’ll impose the taxes to to us, are we to forget about it or pre- tion all in one bill.’’ If you read the op pay for it really, really soon; and we tend it didn’t occur? And if we can do ed that Congressman SHADEGG and I won’t be able to implement this for that, can we forget about the possi- wrote, I think the title aptly fits the about 4 years. It’s interesting. Of bility that litigation reform may be an content that we have in it. course, it won’t be implemented until essential part of bringing the overall Then the third op ed says, we’ve got after the next election. Interesting cost down and produce better medicine a vision as to empowering individuals point. because defensive medicine, that is, un- or not empowering. We have a vision of Mr. AKIN. We are joined by your necessary tests will not be done. leaving the power and authority with good friend from California. I see he And so, I again, ask the gentleman, individuals. We have identified what’s has a little something he wants to say. are you aware of litigation reform wrong with the Baucus plan and H.R. But, Congressman LUNGREN, I would being a part of any of the bills that 3200. The third op ed says and here are just be delighted if you’d join our con- have come through the committees in the specific things that we would do. versation here. the House or the Senate or part of that Seven specific things. Mr. DANIEL E. LUNGREN of Cali- display that you have before you? Mr. AKIN. You’re talking about free- fornia. Well, I thank the gentleman. I Mr. AKIN. Well, gentleman, as a way dom. was noticing as I looked at the chart of trying to answer that question, I do Mr. HOEKSTRA. Freedom. This is that outlines the 53 different depart- recall the President saying earlier, and why we need the TEA Party move- ments, agencies and new programs that repeatedly, that the Republicans don’t ment, why we need the 10th Amend- are in this bill that there’s at least one have any ideas on this. And so this ment groups that are out there that box missing. Can you tell me where the must be one of those ideas that’s not are fighting for State sovereignty and box for litigation reform is? an idea because that’s why they didn’t fighting for us to go back to the Con- Mr. AKIN. Oh, litigation reform box. put it any of their plans. Of course stitution. That’s why we need them to It’s got to be here somewhere. Could it most people that know anything about reenergize to bring the momentum possibly be forgotten? medical care know that some of the ex- back that we saw in August, to have Mr. HOEKSTRA. It’s not there. cessive costs are created by things that them fight for freedom and to stop this Mr. DANIEL E. LUNGREN of Cali- are done just for the purpose of attor- massacre. fornia. Well, see this is the problem. I neys. You know, people are now saying it’s have had these town hall meetings, not Actually, I would like to defer your going to happen. The question is, how just in August, I started back in June question to the good doctor from Geor- bad will it be? And whatever form it on the subject of health reform, and gia who’s here, who has had 20 years or will be, it will be very, very bad be- saw all the people coming out in my so in practice. Well, we’ve got two doc- cause it’s going to be an erosion of district not to organize, but coming tors actually. Just a second, now. Con- power and a shifting of power here. out as individuals. And one of the first gresswoman FOXX, are you trying to Mr. AKIN. Gentleman, I don’t accept things they said to me, and actually, I escape on us here? We’ve got two doc- that and I know you don’t accept that, did a little test later on when I held tors. I’m going to go to my most beau- that we just roll over and say we’re some of my town hall meetings, I tiful doctor who’s here joining us this going to have this government take- didn’t mention litigation reform and afternoon. Would you please share for a over of everything. I don’t accept that. immediately people jumped on me and minute, and then I am going to go to Mr. HOEKSTRA. We know govern- said why didn’t you talk about litiga- you, Dr. BROUN. ment takeover doesn’t work. It doesn’t tion reform? Well, I happen to think, Ms. FOXX. Well, I want to thank the work in transportation. Michigan, in having experienced medical mal- gentleman from Missouri for the yeo- the 50 years that we’ve had a highway practice litigation while I was prac- man work that he has done on leading transportation bill, we’ve gotten 83 ticing law, mostly defending doctors these Special Orders to explain to the cents back on the dollar for 50 years. I and hospitals—— American people what’s wrong with call that legalized Washington corrup- Mr. AKIN. You’re admitting to being these plans that are being presented by tion because other States have stolen a lawyer here on the floor. I appreciate our colleagues across the aisle, and that money from us. And as one of my that. pointing out that Republicans do have constituents said the other day—my Mr. DANIEL E. LUNGREN of Cali- alternatives to what is being presented friend from California must be smiling, fornia. But I was on the right side for here. he must be getting some of that money most of those cases. And I listened to This morning, during 1-minutes, at in California. But you know—— what the people at home said. And they least two of our colleagues got up and Mr. AKIN. He’s looking too happy were saying they thought that we were said, Republicans have no alternatives. over there. wasting a good deal of money adding to And I think it’s very important that we Mr. HOEKSTRA. They’re stealing the total cost of health care because of continue to point out that we are not from us. And one of my constituents frivolous lawsuits. And now that it’s just here to be critical of what has said that they had just been—they been borne out by study after study been proposed by the Democrats, but to

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.087 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11566 CONGRESSIONAL RECORD — HOUSE October 21, 2009 say, yes, we have alternatives. Our al- a lot of time working with engineers. my district recently. And the day I was ternatives don’t cost any money. We And at one of my first town hall meet- talking to him, just that day the lady can do whatever needs to be done. ings an engineer said, you know, Con- who runs the CAT scan unit at their Mr. AKIN. Congresswoman FOXX, gressman, why don’t you take the ap- hospital was asking for some more help let’s just hold right there for a second. proach that we take in the engineering at night, and he couldn’t understand What you just said is so very, very im- world and that you would have taken why she would need more help. And the portant. We’ve already mentioned one at your career at Herman Miller? Let’s lady said, Well, we’ve run 10 CAT scans Republican alternative that is not in identify what’s broken in the system through the night through the emer- any single Democrat plan, which is and let’s fix those pieces. And that’s gency room. He said, Well, how many tort reform, isn’t it? exactly what the Congresswoman was of those were positive? Zero. How many Ms. FOXX. That is correct. just talking about. were really indicative? If you look at Mr. AKIN. And so our good friend the medical indication for those, it’s b 1545 from California, who is an attorney zero. who came in here and warned us about On my Web site, we’ve put up seven So the overutilization of very expen- this, there’s one. Okay, now why don’t solutions for health care that address sive testing is rampant within the sys- you name another one or two. the issue of accessibility, they address tem. So you’re exactly right. If we do Ms. FOXX. Well, we have bills that the issue of cost, and tort reform. something to stop the doctors from talk about accessibility and port- Seven specific bills that go after those having to practice this medicine— ability. Portability, meaning we would three areas that almost everybody Mr. AKIN. Let me ask you a specific all own our own health care insurance. agrees are the things that need to be question, Doctor. If we lost our jobs, we take it with us. fixed in health care and can be imple- You picture yourself—and maybe We want to give tax deductions to indi- mented today—not in 4 years, not at a you’re the emergency room doctor that viduals. massive cost—and the effect upon night or you’re practicing medicine— Mr. AKIN. So that’s usually called by those who have issues with the current and somebody comes to you and they the word ‘‘portability,’’ isn’t it? And system and the rest of the 85 percent of say, I think I need this such test, and that’s something that Republicans Americans, most of whom are pretty it’s vaguely related to something that largely support; is that your under- satisfied with the health care they’ve might have happened to them. You standing? got, is, we leave them alone. look at them and in your medical opin- Ms. FOXX. That’s right. And the Mr. AKIN. In the State of Missouri ion, there isn’t one chance in a thou- American people support that. We also we have the same sort of principle. It sand that they need that test. So if you support accessibility for people who may be not quite as much defined by deny them getting that test, then do have preexisting conditions. We sup- engineers, and we say, ‘‘If it ain’t you have some risk? port groups being able to band together broke, don’t fix it.’’ And you’ve got a Mr. BROUN of Georgia. Absolutely. and form larger groups to bring down hundred million people with health It is a tremendous risk. the cost. So we support all those things care that they like pretty well, every- Mr. AKIN. Even though it doesn’t the American people say they want. make any sense at all to do it? Mr. AKIN. So, in other words, an- thing is chugging fine, and you want to destroy and throw the whole thing Mr. BROUN of Georgia. Absolutely. other proposal would be that if you got Mr. AKIN. You have a big liability overboard because you may have at the a bunch of small businesses, if they because if you don’t do the test, then most 10 or 12 or 15 million that aren’t want to pool their employees and get a what could happen? better deal on health care, they can getting the care that you think they Mr. BROUN of Georgia. Let me give create these health care pools. Now ought to get. That’s one of those, ‘‘if it you a good example of that exactly. that’s an idea. Do you know any Re- ain’t broke, don’t fix it.’’ I’ve worked in emergency rooms publicans that are opposed to that? And that really does raise a question. many times throughout my career and Ms. FOXX. I don’t know any Repub- It almost seems that we’re starting sometimes was even a full-time emer- licans that are opposed to it; and, with the premise that we want the gov- gency room director. frankly, I don’t know any Democrats ernment to run all of health care and But if a patient comes in with a who’ve signed on. But what we need to just looking for an excuse to try to do headache that they’ve never had be- point out again is that what the Demo- that. fore, comes in with a severe headache crat plans do is to cut existing Medi- We got a little bit off track. and—well, maybe, it’s not even a se- care programs to come up with sham The question was, are there really le- vere headache. Maybe it’s in the front funds to put in their new program. gitimate savings and costs through part of their face and it’s typical of a And with that I’m going to yield some reform in terms of tort reform? sinus infection. A doctor has a tremen- back, because the Rules Committee is We have a doctor here. He’s practiced dous pressure on them to get a CAT currently meeting, and I’m going to medicine 20-some years. scan or a CT of the head, or both, be- have to go back there. Dr. BROUN, what do you think about cause if they don’t and several years Mr. HOEKSTRA. If the gentleman tort reform? Does it make sense? Do we later that patient is found to have would yield for a minute. have some savings there? And can we something such as a brain tumor, they Mr. AKIN. Well, we appreciate very improve the quality of medicine in could come back and sue the doctor for much your good work on the Rules America by making some adjustments failing to diagnose, even though fre- Committee, and Congresswoman FOXX in that area? quently in these cases the patient’s it’s just a treat to have you. And I Mr. BROUN of Georgia. Mr. AKIN, as history and the physical examination yield to my good friend, Congressman you know, I’ve practiced medicine. I will not indicate any medical need, any HOEKSTRA. am a family doctor. I’ve done general medical indication of a brain tumor. Mr. HOEKSTRA. I just want to build practice for almost four decades. But the doctor has to do that to pre- on what my colleague was talking The problem with defensive medi- vent the suit. about. You know, there’s a very funda- cine, overutilization of testing and Mr. AKIN. If you do order the test, mental difference between how Repub- services in the health care industry is what does that cost you? licans are approaching this problem a huge part of the expenditure. Pa- Mr. BROUN of Georgia. It doesn’t and how Democrats are. Democrats tients are actually demanding these cost the doctor anything. It doesn’t have taken the approach that says things, and doctors are complying with cost the patient anything either. It we’re going to create this massive new that because of the possibility of a costs the whole system. bureaucracy, 53 different organizations medical malpractice suit being filed Mr. AKIN. So it runs the cost up on and panels and these types of things, against the doctors. the system so the incentive for the doc- and we are going to change health care So something needs to change be- tors is, take the fallback, it’s safe. I for every single American. It is going cause we are overutilizing tests, we’re don’t care. Let the cost go up. I’m not to change. overutilizing services. going to stick my neck out, right? Now, when I was in the private sec- In fact, I was talking to the adminis- Mr. BROUN of Georgia. The patients tor, I was a marketing guy, but I spent trator of one of my local hospitals in will come and say, I’d like to have an

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.088 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11567 MRI on my head or a CAT scan on my Mr. AKIN. Yes, I yield. proposal that is contained in a number head or belly or something, and their Mr. BROUN of Georgia. Let me add of different bills that have been intro- attitude is it doesn’t cost them any- to your discussion about this one par- duced by Members on this side of the thing. It doesn’t cost them anything. It ticular case. aisle. costs the insurance company. The doctor is going to give them that Mr. AKIN. Do you know if that is in- Just like a lot of people think the counsel anyway with or without the cluded in any of the Democrat bills at government can provide all of this free CAT scan or MRI or whatever it was. all? health care and the government just The doctor—it’s incumbent upon them Mr. DANIEL E. LUNGREN of Cali- pays for it. Well, where does the money to do so because the doctor, if they do fornia. Not the major bills that have come from? ever develop trouble—and they may been introduced that we have been Mr. AKIN. It violates the law of sup- very well—a good physician is going to talking about. ply and demand, doesn’t it, Doctor? give that sort of counsel anyway. And Mr. AKIN. None. Mr. BROUN of Georgia. Absolutely. if their level of consciousness starts So we don’t have any malpractice re- Mr. AKIN. My good friend from Cali- going down, if the pupils become dif- form. We don’t allow the competition fornia would like to jump in here. ferent sizes, if the headache lasts for of—of course, they don’t need to worry Mr. DANIEL E. LUNGREN of Cali- longer than 24 hours, the vomiting about that in their bill because their fornia. I was recently at a meeting lasts for 24 hours, these are the types of plan is, they’re not going to have any with a number of doctors in my district things that we tell patients anyway. private insurance companies in a pe- at one of the local hospitals. And this So doing this expensive radiological riod of time because the government is one doctor said, Look, Congressman, I study is not medically indicated. The going to run it all. want to tell you about something that doctor is going to give that counsel Mr. BROUN of Georgia. Mr. AKIN, if just happened. This fellow happens to anyway. you’d yield? be a plastic surgeon. They had sent Mr. AKIN. We’ve got just about Mr. AKIN. I do yield. somebody over for him to sew up this maybe 5 or 6 minutes to go. Mr. BROUN of Georgia. The Amer- fellow’s head. He had fallen down and We’ve been accused, as Republicans, ican people should look at what the split his head open. He had gone to an as not having any ideas. You started by real purpose behind H.R. 3200 is, and we urgent care facility. And there they saying, Yeah, we sure do. You want to can see what their real purpose is by looked at him. They had him have ei- take a look at one thing, you can avoid going to people like the President, ther a CAT scan or MRI, I’m not sure getting into this kind of mess. If you’re Barack Obama, and the leadership in which. I said, What was the problem with worried about the cost of medicine, you this House. They have said that the that? He said, There was no medical in- can deal with tort reform. That’s one public option is the way to go to a sin- dication of that. piece. gle-payer health care system adminis- He said what should have happened The lady who was here from the dis- tered by government bureaucrats. So- is—worried about a subdural hema- trict before, Ms. FOXX, talked about cialized medicine. That’s their stated toma, I believe—he said what should the idea of treating pools of people, purpose. have happened is that you tell the pa- small businesses coming together and Mr. AKIN. That’s the end goal. tient the chance is one in a thousand getting a better buy on their insur- Mr. BROUN of Georgia. That’s their you might have that. Here’s the situa- ance. She talked about portability, so stated purpose. That’s their end goal, tion: If over the next 6 hours these that when you leave one job, you can and the public option is the way to get sorts of things are evident, then you take your insurance along with you. there. And it’s going to cost jobs. It’s come back and at that point in time we All of these things are things that we going to cost millions of people their do it. talked about that we agreed to. And jobs because it’s going to put a high He said they took it. Of course it there are a couple of other things. tax on small business. showed nothing positive whatsoever be- Mr. DANIEL E. LUNGREN of Cali- Mr. AKIN. Not to mention $500 bil- fore it came to him. Then he sewed the fornia. One very important one that we lion out of Medicare, taxing small busi- person up. talked about is to allow people the op- ness when we already have close to 10 He said that expense to the system is portunity for employers or individuals percent unemployment. one of those kinds of things that was to purchase their policies across State Mr. BROUN of Georgia. Plus the sen- exactly the defensive medicine that we lines. The reason for that is you will iors are not going to be able to get the ought to stop. He gets nothing out of multiply tremendously the number of care that they need because they put in that. That’s paid into the system. I opportunities people have to make there a cost-effectiveness research that don’t know if it’s $900 or something choices about what kind of policy was in the stimulus bill, and there’s a like that for one of these. would serve them or their employees cost-effectiveness decision panel that He said, I would have been doing my better than any other. is created with this atrocity there job as a doctor to sit down with the pa- Mr. AKIN. More choices equals free- that’s going to make medical decisions tient and tell him the chances are dom, doesn’t it, gentlemen? according to patient’s age. about one in a thousand that this Mr. DANIEL E. LUNGREN of Cali- And when they make the decision ac- might be the case, but here’s what you fornia. That’s what I grew up hearing cording to the patient’s age, they’re can do to make sure that the indica- in this great country of ours. going to compare spending $100 here or tions are such that we would have to do Mr. AKIN. So if you have some insur- $100 there, and they’re going to spend it. That’s just simple, commonsense ance companies that may have a little $100 on a 40-year-old and not an 80- medicine and a relationship between bit of a monopoly in one part of a mar- year-old. the doctor and patient, which is inter- ket and you allow people to buy insur- Mr. AKIN. Now you’re getting off to fered with now because of the specter ance across State lines, you’re break- preaching and getting on to meddling a of the possibility of a lawsuit. It is that ing up monopolies, allowing prices to little bit. kind of real stuff, real occasions that come down and giving people more Mr. BROUN of Georgia. Well, it’s fac- adds tremendously to the cost of medi- choice, which is more freedom. Is that tual. cine. right? Mr. AKIN. I just hit 62, and I was just Now, there’s no medical malpractice Mr. DANIEL E. LUNGREN of Cali- reading that in Canada—I’ve got a bad lawsuit. There probably is never going fornia. That is correct, and those con- hip—I wouldn’t be able to get that hip to be one filed in that case. So some tracts—which that’s what insurance replacement that Dan got because I am people say well, the cost you’re talking policies are—would be enforced in the too old, I’m an old geezer now, and it’s about in terms of defensive medicine State in which the person lived. So not worth it for a government bureau- are not that large. Yes, they are if you we’re not talking about the insurance crat to pay me to get my hip fixed. talk with the doctors who actually do companies getting a free ride; we’re Mr. BROUN of Georgia. Mr. AKIN, this. talking about giving much more you’re a young pup. I’m 63, but I’ve Mr. BROUN of Georgia. Will the gen- choice—the essence of freedom—to the practiced medicine for almost four dec- tleman yield? average citizen. That is another major ades, and I already see the rationing

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.089 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11568 CONGRESSIONAL RECORD — HOUSE October 21, 2009 that Medicare and Medicaid puts into from independent data. Five-year sur- In fact, I have a picture here of a place today. And what the Democratic vival rate for cancer. Actually, for family from Colorado who actually bills will do is going to ration care breast cancer, it’s over 90 percent, came and testified—and I will talk much, much, more. Seniors are not where in Great Britain it’s much less more about them during this next 60 going to get the care that they need than that. But all cancers for women minutes—on their concerns. But these and deserve, and thus it’s going to be on your chart is 66.3 percent for are the folks that we are trying to detrimental to their health. women, 5-year survival rate, and in the help: Average Americans who work Mr. AKIN. So we’ve been talking a United Kingdom, 52.7 percent. Why is hard, play by the rules, pay their bills, little bit bad about these Democrat that? The reason it’s that way is be- think they have good health insurance proposals. This is something that Con- cause they have delayed diagnosis be- until someone gets sick, and then they gressman LUNGREN’s been hitting, and cause of the ration of care because of are left financially ruined. that is it reduces health choices. Free- the constraints. I sit as chairman of the Energy and dom is about increasing health choices, Mr. AKIN. So you have rationed care. Commerce Subcommittee on Oversight not reducing them. It raises premiums Rationed care means you’ve got to and Investigations. For the last 2 as long as there’s even going to be pre- wait longer in line. Waiting with can- years, we’ve been taking a look at the miums, it delays and denies care, $500 cer is not a good deal. private insurance industry. We have billion in Medicare cuts. Mr. BROUN of Georgia. You don’t get held hearings on the insurance indus- Mr. DANIEL E. LUNGREN of Cali- that evaluation, so you have delayed try’s practices on nursing homes, long- fornia. Would the gentleman yield? diagnosis. So people have late diag- term care insurance, Medicare Advan- Mr. AKIN. I do yield, yes. nosis, and then their treatment out- tage that the group spoke of, and most Mr. DANIEL E. LUNGREN of Cali- comes are not as good. recently, we’ve been looking at hear- fornia. On the $500 billion. As part of So, as a physician, I can tell you that ings on the private health insurance that $500 billion is at least $133 billion ObamaCare is going to cause people to market. taken out of Medicare advantage. I have to wait for all treatments, wait The findings of these hearings really have 42,000 seniors in my district who for the diagnosis, and they’re going to highlight the need to address the abu- are enrolled in Medicare Advantage. have poor outcomes. So it’s going to sive practices, terms such as ‘‘rescis- What is Medicare Advantage? It is the hurt everybody. sion.’’ That’s when the insurance com- private option put into the Medicare Mr. AKIN. And ‘‘poor outcomes,’’ pany takes a look at your insurance system when the Republicans were in that’s doctor’s talk for you’re going to policy when you get sick and finds any charge. There’s a new idea that actu- die, isn’t it? excuse to rescind your policy. Or ally was implemented. It is tremen- Mr. BROUN of Georgia. Well, that’s ‘‘purging.’’ That’s when the insurance dously successful across the country. correct. There is going to be a greater companies for small businesses in par- Yes, they’ve got some imperfections percentage of people that are going to ticular, they jack up the price, because that we need to work on, but their bill die because of it. under Federal law, if you’re a small would destroy it. Mr. AKIN. Thank you, Madam business, they can’t cancel you, so they There is no better evidence that they Speaker. jack up the price so bad that you can want to destroy private options than f no longer afford it. It’s called purging. the fact that this bill destroys the only Or the problem of uninsured, which HEALTH CARE private option that currently exists in millions of Americans are facing. the Medicare system, Medicare Advan- The SPEAKER pro tempore. Under So in June, July, and August, we tage. the Speaker’s announced policy of Jan- spent a lot of time looking at the most Mr. AKIN. In our last minute or two, uary 6, 2009, the gentleman from Michi- egregious practices found in the insur- what I might do is share something gan (Mr. STUPAK) is recognized for 60 ance industry: abuse of consumers, the personal because I came to this Con- minutes as the designee of the major- practice of rescission in the individual gress 9 years ago, and they have a little ity leader. insurance market, and, as I said, medical clinic that’s downstairs, and Mr. STUPAK. Madam Speaker, thank underinsurance. the medical clinic gives you—if you you for allowing me time to speak on Take a look at rescissions. Every want to spend about $400, you can get a the floor on health care. night when Americans go to sleep— test, you can get a physical. I couldn’t help but listen to the last more than 45 million Americans do not group, my colleagues on the other side have any health insurance—they do so b 1600 of the aisle, talking about health care with the nightmare scenario that if I hadn’t had a physical in years be- and calling it all kinds of names, about they develop a catastrophic illness or cause I had some sort of State HMO everything but what it is. are unable to pay for their treatment, policy. I never could see my primary The health care in America, the bill what happens to them? This fear care doctor. I don’t even think he ex- that we’re marking up, H.R. 3200, is causes many hardworking Americans isted. I could never get an appoint- America’s Healthy Choice Act. There is who are not covered by an employer or ment. no such thing as ‘‘ObamaCare.’’ I guess government-sponsored health care to So I go down there and find out I was we use that just to try to scare people, purchase an individual insurance pol- bulletproof, as I thought, except for like much of the rhetoric I heard in the icy. But those Americans fortunate one detail. I had cancer. So when you few minutes I was here. enough to be able to even afford an in- use the ‘‘cancer’’ word around me, my I can’t help but notice that the folks dividual policy—an individual family ears pick up a little bit. I take a look who were speaking on the floor were policy now is about $13,000 a year. But at how does it work when these govern- not in the committee of jurisdiction if you’re fortunate enough to be able to ments run and deal with cancer. Here’s where H.R. 3200, the House health care buy individual health care coverage, your survival rate for men in the bill, actually went through; those of us you’re not immune from this night- United Kingdom, 44.8 percent. It jumps who spent months working on this leg- mare scenario of health care, not hav- up here quite a number percent to 62.9 islation and over 2 weeks in committee ing it there for you and facing financial among men in the United States. And considering amendments and making ruin, and that’s because of a little we want to go over and make ours like sure that this is a bill that actually thing called rescission. that? I don’t think so. helps America and all Americans. Let me tell you quickly about what I yield to my friend from Georgia, As we Democrats look at health care, happened to Otto Raddatz. Otto last minute. we take a little different perspective. Raddatz was a 59-year-old gentleman Mr. BROUN of Georgia. Well, you are My colleagues in the last hour said, from Illinois. He owned a restaurant. exactly right. The reason that the sur- Well, if it ain’t broke, don’t fix it. Well, He had insurance all his life. He was di- vival rates—these are 5-year survival for the American people, health care is agnosed with an aggressive form of rates for people with cancer. Women broken and it does need fixing. That is non-Hodgkin’s lymphoma. That’s a with breast cancer, you look at your why we are bringing forth this legisla- cancer of the immune system. He un- chart, which is accurate. This comes tion, H.R. 3200. derwent intensive chemotherapy and

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.091 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11569 was told that he had to have a stem years, almost 20,000 individual insur- other life-threatening illness, that’s cell transplant in order to survive. He ance policyholders have had their poli- the time when the insurance company had insurance coverage. He said, no cies rescinded by the three biggest in- is supposed to honor their commit- problem, my insurance will cover it. It surance companies who testified at our ments to you based on the premiums should be provided by my individual hearing. These 20,000 individuals lost paid, and in your time of need they policy. their insurance because of some honest should be there to help you. Instead, He was scheduled to have the proce- mistake, or they did what the agent some of the insurance companies use a dure performed, and the weekend be- told them to put on their application technicality to justify breaking its fore he was scheduled to have his only to have the parent company re- promise at a time when patients are transplant, the insurance company scind them when they got sick. They too weak to fight back. suddenly told him it was going to can- saved the insurance industry $300 mil- I asked the three CEOs of these big cel his insurance. Otto could not pay lion. That’s not counting all the fol- insurance companies, I said, Look, for the surgery without his health in- low-up tests. That’s just what they we’ve had this hearing today. We’ve surance, and the surgery was therefore saved by canceling these 20,000 people. had extreme conditions where you’ve canceled because the hospital wasn’t So these big insurance companies, rescinded people who made honest mis- going to perform the stem cell trans- like Assurant, UnitedHealth Group, takes on their application. Will you plant without payment. and WellPoint, when we looked at it, commit today that your company will The insurance company told him here’s what we found out: never rescind another policy unless that it found out that when he ap- These three companies, they con- there was broad misrepresentation in plied—now, this is years later—he ap- ducted investigations with an eye to- the application? Every one of the in- plied for his health insurance. Years ward rescinding in every case in which surance companies’ CEOs said, No, we later, once they found out he has to a policyholder submits a claim relating will continue the practice. have this stem cell transplant, they go to leukemia, breast cancer, or a list of So that’s one of the reasons why we back and look at his application. On 1,400 serious or costly medical condi- need to pass comprehensive health care his application, the insurance company tions; reform. Congress can and must curb said it showed that he might have gall- they rescind policies based on an al- this abusive practice, put an end to stones and he might have an aneurysm, leged failure to disclose a health condi- this unconscionable practice of re- which is a weakness of the blood vessel tion entirely unrelated to the policy- scinding people. We should not have wall. In fact, testimony showed Otto’s holder’s current medical problem; caps on how much insurance has to pay doctor never told him he had gall- they rescind policies based on the or caps on how much you’re covered. stones, never told him he had an aneu- policyholder’s failure to disclose a Coverage in your health care shouldn’t rysm. Otto told the truth on the appli- medical condition that their doctors depend on your ability to pay; it should cation, but the insurance company never even told them they had; depend on the illness you’re suffering heard nothing of it. They said, You and they rescind policies based on in- from, that you get proper treatment. didn’t tell the truth on your applica- nocent mistakes by policyholders in In H.R. 3200, our health care bill, tion; therefore, we’re canceling you. their applications. And they not only there are no preexisting conditions. If The insurance company was going to rescind for the applicant, but they will you have a preexisting condition, you rescind his policy, effectively tear up rescind the policy for the whole family, can’t be denied insurance. the contract as if it never occurred, leaving all the family members with- Last week, our subcommittee revis- and Otto would be left without a stem out health insurance. ited the private health industry prac- cell transplant. Our investigation also found that at tices on underinsured. Let me just Otto made a desperate plea to the Il- least one insurance company, show you what underinsured is. Under- linois State attorney general, and also WellPoint, actually evaluated their insured are people who have health in- his sister was an attorney. They went employees’ performance based in part, surance. Unfortunately, when they get after that insurance company to re- and put reward systems in, on the more sick, and because of high deductibles or verse the decision. Here’s what Otto you rescind, the more money you save copays or a limitation on policy, life- said when he wrote to the insurance the company, the bigger bonus you re- time cap, or a limit on number of serv- company: ceive. In fact, the starting point was ices or specialists you can see, when ‘‘I was diagnosed with non-Hodgkin’s you had to save $10 million for they get sick, their insurance is almost lymphoma . . . It is a matter of ex- WellPoint and you got a pretty good worthless. It doesn’t cover anything. treme urgency that I receive my trans- bonus. You’re rated on a scale of one to More than one-quarter of adults plant in 3 weeks . . . This is an urgent five. under the age of 65 with medical bill matter! Please help me so I can have These practices reveal that when an burdens and debt were unable to pay my transplant as scheduled. Any delay insurance company receives a claim for for basic necessities. So, if you’re one could threaten my life.’’ an expensive lifesaving treatment, of the underinsured—and according to What did the insurance company say some of them will look for any way, testimony, 116 million adults in this after that plea? Too bad. You falsified any excuse to avoid having to pay for country, 42 percent, 116 million of them your application, even though Otto it. This is eerily similar to what we have problems paying their health care never knew he had gallstones or an an- found last year in our investigation on bills. Sixteen percent are unable to pay eurysm. long-term health care insurance where for basic necessities—food, heat, rent— The Illinois attorney general sales agents for the insurance compa- because of medical bills. Another 39 launched an investigation, confirmed nies would sell policies to seniors and percent used up all their savings trying that Otto’s doctor never told him then change the policies once the en- to pay their medical bills. Another 10 about the test findings, and the attor- rollee was locked into a plan and mak- percent took another mortgage out on ney general sent two letters to the in- ing payments. their house to try to pay for medical surance company saying reinstate his These insurance companies who en- bills. policy. The company relented, Otto re- gage in this rescission practice argue ceived his stem cell transplant, and he that it’s entirely legal, and, in part, b 1615 was able to live 3 more years before he they are, but that goes against the Thirty percent put it on credit cards. died earlier this year. Otto was one of whole point of insurance. When times With the interest on credit cards, I the lucky ones. The attorney general are good, insurance companies are don’t know how you could afford to pay went to bat for him, and his sister, who happy to sign you up and take your off your credit cards, let alone the in- was an attorney. money in the form of premiums, but terest on the credit cards. Sixty-one In our Oversight and Investigation when times are bad, or if you happen to percent were insured at the time care Subcommittee, we have looked into get diagnosed with one of these 1,400 was provided. this investigation into the practice of different little characteristics they These people are uninsured because health insurance rescission and the re- have in their computer program and they can only afford to purchase a lim- sults are alarming. Over the last 5 you’re afflicted with a cancer or some ited policy. Policyholders believe they

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.092 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11570 CONGRESSIONAL RECORD — HOUSE October 21, 2009 have adequate coverage only to find had to rush her to the hospital. They penses? Do you have a lifetime cap or out that there are limits buried within put her on life support. They told are services limited underneath that the fine print of that policy, such as David Null, Tatum’s dad, that she policy? caps. So, regardless of how you define needed a $560,000 kidney transplant. In a couple of weeks, we hope the this fragile financial group, the sad They looked at his insurance policy. U.S. House of Representatives will vote consequences of being underinsured can The insurance policy would cover on H.R. 3200, America’s Affordable be devastating, leading to financial $25,000 to $30,000 in hospital costs. Health Choices Act of 2009, because ruin, to bankruptcy, and to making They said to David Null, Before we H.R. 3200 does not allow the insurance medical decisions based on cost rather can save Tatum’s life with a trans- companies to rescind your policies than care. plant, you have to put down $200,000. when you get sick. It does not have a If you take a look at it, as the health His daughter is on life support. He is lifetime cap on benefits. It puts a limit insurance skyrockets, more Americans at the hospital. They find out their in- on what you have to pay out-of-pocket. are finding they can only afford bare- surance policy is no good. They say It covers all Americans, and you can’t bones policies. According to the Jour- you have to come up with $200,000 or be discriminated against because of nal of the American Medical Associa- your daughter is going to die. What are preexisting injuries or illnesses. tion in 2007, they said 62 percent of all you going to do? Only with the passage of meaningful bankruptcies in the United States were Well, without really much of a hope health care reform, then and only then related to medical costs. This was 62 or a prayer, David and the hospital of- will Americans not have to worry percent of all bankruptcies. Of those ficials got together, and they decided about how to obtain medical care for bankruptcies in 2007, 78 percent of that if they could put David and the their families while remaining finan- them had insurance. So, of all of the Null family on Medicaid, the govern- cially secure. bankruptcies, 62 percent were related ment-run, government-sponsored Med- Yesterday, our subcommittee, again, to medical costs, and 78 percent of icaid health care, the entire hospital did another investigation of the private those people actually had insurance. bill would probably be paid retro- insurance market. We focused on the They were the underinsured. Many of actively. The catch is, once you go on challenges faced by small businesses. I them were well-educated, and they Medicaid, you have to have low in- said earlier that, in small businesses, owned their own homes. They were the come. The Nulls could only earn $1,614 you can’t cancel. Once you have a middle class. Unfortunately, they were a month; or they would lose their Med- small business, underneath the HIPAA underinsured, and their health insur- icaid coverage, which paid for Tatum’s provisions, you can’t cancel. You’re ance did not cover their medical costs. medication to prevent organ rejection guaranteed a renewal every year; but The Commonwealth Fund reported and which can cost thousands of dol- insurance companies, because they feel and testified at our committee that lars each month. they’re not making enough money, can more families are experiencing medical Let me show you another person. jack up their rates. There is no limita- bill problems or cost-related delays in This is Thomas Wilkes. His dad, Na- tion on how much you have to pay. getting medical care. In 2007, two- than, had an employer who provided Small businesses are really the cor- thirds of all adults, 116 million people, health insurance with a $1 million nerstones of the American economy. As who struggled to pay medical bills and limit for each family member. $1 mil- one of them testified, when the busi- who went without needed medical care lion. Unfortunately, $1 million doesn’t nesses testified the other day, they because of cost, were uninsured for a go very far when you’re 6 years old and really are the American Dream. Small time or were underinsured. when you’re diagnosed with severe he- businesses employ 59 million Ameri- Let me show you this picture. This is mophilia. cans, and they have created a quarter Catherine Howard. She testified at our Even though the Wilkeses paid an- of our Nation’s jobs from 1992 to 2005. hearing. At 29 years old, Catherine had other $25,000 each year out of pocket, Our subcommittee sent documents to breast cancer and survived to tell her in just over a year young David here the six leading health insurance com- story. Being young and healthy, with a would go through the $1 million cap on panies that all sell policies to small limited income and just starting out in their medical expenses. The Wilkes businesses across the country. We her professional career, she chose a family is now on their third insurance wanted to know how they set their pre- low-premium, high-co-pay health in- policy. They’re bumping up against the mium rates and what some of the larg- surance that left her in financial sham- cap, and he doesn’t know what he’s est premium rate increases have been bles after her breast cancer. going to do for his son, who needs ex- in recent years. Here is what we At the time of her illness, she was pensive medical treatment because he’s learned: earning just $20,000, but at the time of a hemophiliac. He does not know how The insurance companies take advan- her illness and when she got done, her he is going to be able to afford his son’s tage of lax State laws and regulations, outstanding medical bills were $40,000. life-saving medical treatments, once and they purge out small businesses be- Catherine was unable to work through again, when they hit the $1 million cap. cause they’re unprofitable if someone the surgery, through the chemotherapy Each of these individuals, the Wilkes gets sick. Because Federal law guaran- and through the radiation for 2 years. family and the Null family, did what tees small businesses can’t be denied So, when you put it all together, she they thought was right for their fami- insurance once they have it, they im- was in a very tough financial situation. lies. They purchased health insurance. pose unpredictable, increasingly To her credit, she did not declare bank- They worked hard. They paid their pre- unaffordable premium increases. These ruptcy. She survived her breast cancer, miums, but they’re still left in finan- unsustainable premiums force the but she is paying $1,800 a month on her cial ruin. small businesses to drop their health medical bills. Each of us knows a family member, a insurance because it’s no longer afford- Let me go back to the original pic- relative, a friend who did not go to the able. Thus, a small business is really ture. This is the Null family from Colo- doctor when sick or who skipped a dose purged. Their premium increases are rado. The young lady right there is of medication, who failed to fill a pre- based on factors that are beyond the Tatum Null. She was diagnosed with scription, who intentionally missed a control of the small business, such as: liver failure at the age of 7. David had medical test or a follow-up appoint- every covered employee and their fami- bought health insurance, an individual ment or who didn’t see a specialist be- lies, what are their health statuses? family policy, to cover them in emer- cause he couldn’t afford the service, What’s the size of the small business? gency situations. the medication or the test he needed. What’s the age? What are the genders He told the agent, I don’t want one I would hope every American, as we of these employees? As a result of these for the common cold. I need a policy debate health care, would take time to discriminatory practices, small group that will take care of my girls and my look at their own insurance policies premiums are subject to unpredictable family if something serious happens. and would really understand what med- and enormous increases. Here is what They sold him a policy. Then, while ical conditions those policies cover or we learned: away on vacation, suddenly Tatum’s don’t cover. What’s your co-pay? What In January 2008, one insurance com- kidney started shutting down, and they are your potential out-of-pocket ex- pany offered a 232 percent premium

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.094 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11571 rate increase to an engineering services pocket cost is $8,000 before you can ac- injuries, and insurers will no longer company in Kentucky. The number of cess it. If you’re a family, your out-of- discriminate against small businesses employees in the plan had dropped pocket cost is $16,000 before you can ac- based on how small they are or the down from eight to one, so its policy cess the health care plan. Plus, you’ve health statuses of their workers. went up 232 percent. got to pay your monthly premiums. b 1630 This year, another insurance com- Now, next year, he’s telling us his pany offered a small technology firm in company can’t afford this anymore. He We must reform health insurance so Georgia to renew its current HMO in- wants to provide his employees with small business can compete and Amer- surance policy with a 214 percent in- health insurance. He is probably going ican businesses and families can be se- crease in their premiums. The basis for to drop himself off his business plan cure. the rate hike was that the average since he is the one with the congenital In the Energy and Commerce Com- worker in the firm had become older heart condition. He believes the right mittee we had the main jurisdiction on because they had laid off so many thing to do is to provide his employees the health care bill and spent months younger workers, and most of the with health care. He’s trying to do the looking at it. These are just some of workers were going to be female. The right things. the examples we found and why we size of the company decreased, and the Mr. Bruce Hetrick is from Indianap- need health care. When my colleagues workforce was older. olis. He testified the other day. He had on the other side of the aisle talk, well, By the way, if you’re in a small busi- 15 employees. His company has re- it ain’t broke, don’t fix it. For the ness, you pay more for female workers ceived double-digit increases every American family, health insurance is than you do for male workers. year from his health carrier, Anthem. broken. We do need to fix it. These large annual premium in- His insurance plan also covered his late My friends were saying on the other creases can devastate these small wife, who developed breast cancer. In side of the aisle, we need more com- firms. Businesses are struggling to stay her last year of life, she ran up bills of petition, we need more choice, you afloat in this economic downturn. $300,000. Unfortunately, she died. In need more choice. Our investigation Health insurance costs consume even a that year, when his wife was so sick, again shows, there really is no choice. greater portion of a company’s profits, they increased his health insurance by The market share for large insurance and they make it harder every year to 28 percent. companies by largest health plans in cover their employees. After his wife passed away, since the State, the darkest States, there’s Yet, even before the most recent eco- they were still in that policy year, he only two health plans to choose from, nomic downturn, the costs of em- asked Anthem, What will it cost now not a lot of competition there. In these ployer-sponsored health insurance was that my wife is no longer on? lighter blue, it’s 70 to 79 percent are the primary concern of small busi- They said, Instead of a 28 percent in- covered, like my home State of Michi- nesses. The average family premium crease, we’re only going to increase it gan, by just two of the large health in- for a small business, if you’re going to 10 percent. surance plans. cover your family, is nearly $13,000. Then there was Fred Walker from St. Where is the choice? Where the com- That has gone up 123 percent since 1999. Petersburg Glass and Mirror in St. Pe- petition? How do you drive down these Meanwhile, the median family income tersburg, Florida. It is a company he costs when there is no competition. Ac- only grew 29 percent. Because of these started 15 years ago, and he has always tually, there are really only about six high costs, nearly a quarter of all small offered health insurance because he main insurance companies, there are businesses are making difficult deci- wanted to have good employees. His about 1,300 of them on the books, but sions on whether or not to provide carrier, United Health, has increased they are owned by about six of the health care. Small businesses are his premium rates every year, includ- major companies that we talked about shouldering a greater burden of the ing a 14.6 percent increase this year. here tonight, the lack of competition. cost. To keep his business afloat during But these are the faces that we are Over the last 10 years, workers’ con- this downturn, he was thinking about fighting for every day when we try to tributions for health care premiums dropping his health care coverage be- look at health care. These are the peo- have doubled while their deductibles cause he could no longer afford it. It ple that we are trying to help out. Like have greatly increased. Less than 50 was a 15 percent increase from last Thomas here, through no fault of his percent of the smallest firms, those year, and he just couldn’t afford it. He own, a hemophiliac, in just over a year with fewer than 10 employees, offer was talking to his employees about it. his dad plows through their policy, $1 coverage. As a result of reductions in One of his employees, the secretary, million, that is the cap on it and they small group coverage, more than half went to have a breast examination, and go through it within about 14 or 16 of all small businesses in 2007 were un- she found out she had breast cancer. months. They go through it. Who is insured or underinsured. It’s clear that To his credit, Mr. Walker decided to sticking up for these people? the high cost of health insurance is do the right things, and he maintains Take a look at some of the things, crippling our businesses. the health care coverage for his work- here is one I like looking at, what we You know, when we take a look at ers and especially for his secretary so have found. Look at this. This is a joke small businesses and at the group that she can get treatment. To afford the in one of the magazines, one of the testified before us this week, one was a coverage, they had to take out a plan newspapers here. It’s not really much Mick Landauer. He is from Iowa. He which has a $6,000 deductible. So, be- of a joke for the American people owns a muffler and brake shop, and he fore you make any claim, you’ve got to though. Here is the guy who is sick. He has owned it for 30 years. He has shops pay $6,000 out-of-pocket plus your has got his oxygen mask on. He has got in Iowa and Illinois. At his shops, he monthly premiums. Because the group his denied paper here. employs 11 workers. This year, he was coverage was renewed, the secretary It must be rescinding his individual quoted an increase in his premium of 42 has been able to maintain some treat- policy. It says, ‘‘Denied.’’ Why? ‘‘Look, percent. It went up 42 percent from last ment for her cancer. it costs us nearly $120 million in decep- year. Mr. Landauer believes that the Again, we’re going to vote on Amer- tive ads to fight health care reform, so increase is due to his own congenital ica’s Affordable Health Care Choices there is not enough money left to pay heart condition which has required Act of 2009, H.R. 3200. It contains crit- for your stupid little claim.’’ three surgeries in the past and will re- ical insurance reforms that will end It’s a joke, but it’s really not for peo- quire possibly more in the future. This these abusive insurance company prac- ple who have their insurance policy re- year, instead of accepting the 42 per- tices that we see. Under the bill, insur- scinded. It’s really not for the small cent increase, he negotiated with his ance companies can no longer rescind businesses who are seeing 30, 40 percent insurance company that the deductible policies after people get sick based on increase each year. It’s really not for will go up. minor mistakes or on technicalities. the underinsured who pay their pre- So, if you’re under a plan and if The bill prohibits an annual lifetime miums and then they don’t have you’re a single person, besides paying cap on coverage. You will no longer be enough money to cover their medical your monthly premium, your out-of- denied insurance because of preexisting costs.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.095 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11572 CONGRESSIONAL RECORD — HOUSE October 21, 2009 It’s really talk about $120 million in enough to qualify for Medicaid, which covered exclude, rescind, or purge anyone whose deceptive ads to fight health care. the surgery retroactively. health care costs they might actually have to They are spending over $1 million a day These stories are not unique. In 2007, there cover. on ads to defeat H.R. 3200. were 25 million underinsured Americans, up Well, that’s not how health care works. I hope that the Members of the House 60% from 2003. Underinsurance often causes The House reform bill, H.R. 3200, would re- of Representatives will remember peo- debilitating medical debts, and a recent study store the proper balance to the health care ple like Thomas here or like Tatum or found that 62% of all personal bankruptcies system. It would end rescission, preexisting these families who play by the rules, are medically related. condition exclusions, and lifetime caps. It work hard, pay their premiums, and, In recent years, insurance companies have would place limits on out-of-pocket costs and when they get sick, are abandoned by been asking Americans to pay more, but are create a required basic set of benefits so that the health insurance industry. That’s providing them with less. In the last decade, people know what they are signing up for, and why we need health insurance reform the average cost of a family’s premium has so that they will get what they need. And it in this country. That’s just one of the risen 131%, but average wages have risen would prohibit the problems small businesses many reasons. less than a third of that. At the same time, in- face in terms of discrimination based on gen- It’s one of the reasons why we hope surance companies are imposing more limits der and group size, and in terms of lack of to have a bill on the floor later this on what their policies will provide. Some poli- choice. month or early in November so we can cies, like the Nulls’ or the Wilkes’, have caps At Thursday’s hearing on underinsurance, vote on this. that limit the amount the insurer will pay in a Mr. Null told the committee that to him, the We have to bring back some sanity to lifetime, or a year. Other policies have expen- biggest tragedy that came out of his daughter this health insurance industry. We sive co-insurance provisions, like Ms. How- Tatum’s liver failure was not his family’s result- have got to end their abusive practices, ard’s, that overwhelm the policyholder. ing financial hardship. It was that, under the and we must make sure that all Ameri- And caps and coinsurance are just some of current system, Tatum’s preexisting condition cans and their businesses are secure, the problems people face in the private insur- limits her future. He said, ‘‘When she asks me not only in their health security but ance market. what she should be when she grows up, I also financially secure as they try to This past summer, our committee held a can’t tell her the same thing that you probably do the right thing, play by the rules, hearing on the health insurance companies’ tell your kids. I can’t tell her she can be any- work hard, pay their insurance. Let’s practice of rescission. This is when insurance thing she wants, and you guys need to fix that make sure there is coverage for them companies attempt to cut costs by cancelling for me.’’ when they get sick. policies after people get sick and make claims. On Thursday, I looked at Tatum and told Mr. WAXMAN. Mr. Speaker, the premise of The companies go back through their policy- her that if we enact health care reform legisla- health insurance is that if you buy a policy, holders’ application forms, looking for any tiny tion, neither her future, nor anyone else’s in and then get sick, your insurance company mistake or omission for an excuse to cancel America, will be hindered by an inability to get will protect you. the policy and deny coverage. health insurance. Please join me in that prom- But what we heard at the committee’s hear- Rescission is unconscionable because it ise. ing last week on underinsurance—and what cuts policyholders loose when they need cov- f we have been hearing throughout our inves- erage the most. But even worse, when we had tigations of the private insurance industry—is insurance company executives sworn in be- GENERAL LEAVE that that is not how the system works. In re- fore our committee, we asked them if they Mr. STUPAK. Mr. Speaker, I ask ality, we have learned, private health insur- would commit to ending the practice of rescis- unanimous consent that all Members ance companies have become expert at col- sion except in cases where the policyholder have 5 legislative days in which to re- lecting premiums and then, denying claims. had intentionally hidden a health condition. vise and extend their remarks and in- Our witnesses on Thursday were normal The executives refused to make that promise. clude extraneous material on my spe- people who had done the right thing and had I think that speaks to the insurance compa- cial order. bought health insurance. But each of them nies’ motivations. The SPEAKER pro tempore. Is there found that, when they needed coverage the Just yesterday, we held a hearing on the objection to the request of the gen- most, their policies came up short. small group insurance market. We found that tleman from Michigan. We heard from Nathan Wilkes, who had an insurance companies sometimes raise small There was no objection. insurance plan through his employer. Then, businesses’ premiums an astronomical f his son, Thomas, was born with hemophilia, amount—up to 250% in a year—based on fac- REPUBLICAN ALTERNATIVES TO an expensive and life-long blood-clotting dis- tors like the ages and genders of employees, OBAMACARE order. Thomas is six years old now, and if a single employee had made a large claim thankfully, his condition is well-managed. But, the previous year, or if the business had too The SPEAKER pro tempore. Under he has already exceeded the million-dollar life- few employees. the Speaker’s announced policy of Jan- time caps of two separate insurance plans, What is so disappointing in our examination uary 6, 2009, the gentleman from Geor- and the Wilkes’ current plan has a $6 million of these issues is that, even where small busi- gia (Mr. BROUN) is recognized for 60 cap that Thomas is sure to meet soon. As Mr. ness owners want to do the right thing for their minutes. Wilkes put it, the insurance companies have employees, and provide them with access to Mr. BROUN of Georgia. Mr. Speaker, turned the hourglass over on Thomas again— quality health care via insurance, industry it is a pleasure to come and talk about this time with just a little more sand. practices and policies today punish their de- health care tonight. I expect other phy- Catherine Howard testified about how, as a sire to provide proper benefits for their em- sicians to come and discuss this ex- healthy 29-year-old, she bought a basic policy ployees and their families. This is wrong, and tremely important issue to the Amer- that she thought would protect her if she fell this is why we need health insurance reform in ican people. while snowboarding. When it was discovered America. We keep hearing over and over again that she had breast cancer, Ms. Howard found Indeed, what all of this shows is that the pri- from our Democratic colleagues that out that her plan asked her to pay 30% of the vate insurance system is broken. The way in- Republicans have no alternatives. Well, cost of treatments, like radiation, that she surance is supposed to work is for the insur- we have got a bunch of binders here. needed to survive. Though she feels lucky to ance companies to spread risk among their Each one of those contains a Repub- be alive, Ms. Howard’s coinsurance payments policyholders so that, while most people will lican alternative to ObamaCare that put her into deep debt that she continues to remain healthy and cost little, the company the Democrats are proposing. pay off to this day. can pay when other policyholders get sick. As the staff brings these forward, David Null bought what he thought was a But schemes like rescission, preexisting every single folder is a Republican catastrophic coverage plan. But when catas- condition exclusions, lifetime caps, and the plan. Every single folder is a different trophe struck—and his daughter, Tatum, need- way companies are gaming the small group Republican plan. Every single folder of- ed a liver transplant—he found out that the market show that private insurers are not in- fers suggestions and solutions to the plan had a lifetime cap of $25,000. The Nulls terested in spreading their risk. Rather, they cost of health care for all Americans. were saved from crushing medical bills only want no risk at all. The companies are happy Almost every one of those folders, if after Mr. Null’s small company turned away to insure healthy people who will pay pre- not every one of them, we could get bi- business so that the family’s income was low miums and make few claims, but they want to partisan agreement on, if any of these

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.096 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11573 bills would ever see the light of the has not paid for the first aspirin to care for me. There is nothing that’s day. Let me repeat that. I believe that treat the headaches that it has created. free, Mr. Speaker, and health care is we could get bipartisan agreement on It’s government intrusion into health not going to be free. Who is going to most, if not all, of these Republican care. That’s what’s caused a marked pay for it? bills that will affect health care costs rise in the cost of care. Mr. Speaker, our children and our for every single American and will Mr. Speaker, let me tell you some- grandchildren are going to pay for it. offer some solutions to Americans’ con- thing else where this bill that is being It’s going to cost them their livelihood. cern about the rising cost of health written in darkness or in secrecy now It’s going to cost them their standard care. by the Speaker, we don’t even have the of life, their standard of living, because It’s untenable that health care costs bill that we are going to see here on they are going to live at a lower stand- are rising like they are today. It’s floor, if we ever see one, because it’s ard than we do today because of this unsustainable the way health care being written in secrecy. outrageous spending that this Congress costs are rising like they are today. Democrats nor Republicans can see and this President have been doing But we ask why. Well, there are many the proceedings. We can’t put any of since January. our ideas into the writing of that bill. reasons why. b 1645 I have practiced medicine in Georgia It’s being hidden from all of us. It’s for almost four decades now. I am a being hidden from the public view, and It’s got to stop, Mr. Speaker. The general practitioner, a family doctor. I that is not right. American people need to understand have seen in my medical practice the We have been promised transparency exactly what ObamaCare is going to marked amount of government intru- by this Speaker, but we have had ev- mean to them. It’s going to cost jobs. sion and how it runs up the cost of erything but transparency and fair- It’s going to cost our children’s future. health care. ness. Both of those things were prom- And seniors need to know that it’s I will give you a good example, Mr. ised, but we are not getting them. going to cost them tremendously. Speaker. When I was practicing in The bill that Speaker PELOSI is going In the nonstimulus bill, and I call it rural south Georgia, I had a small to present at some time, whenever she a nonstimulus bill because where are automated lab with quality control to takes a notion to do so and gets it fin- the jobs? The President promised us make sure that the results I got from ished, that she is writing in secret cur- that if we passed his stimulus package, my lab were accurate, because I wanted rently, is going to have a tremendous we would not reach an 8 percent unem- to give good quality care to my pa- amount of more intrusion into people’s ployment. Well, it’s approaching 10 per- tients. lives. Experts tell us that it’s going to cent. In my district in Georgia, in Well, Congress passed a bill called cost millions of people their jobs. many counties, it’s nearing 14 percent. CLIA, the Clinical Laboratory Im- In fact, in my home district of Geor- In many communities around this provement Act, which outlawed mine gia, I have talked to small businessmen country, it’s even higher than that. I as well as every doctor’s lab in the and women that tell me if the man- have already said that ObamaCare is country. Prior to CLIA, if a patient dates that we already know in H.R. 3200 going to put more people out of work. came in to see me with a fever, red sore are put in place or the mandates that We are going to have more joblessness throat, white patches on the throat, the Senate bills—that are already throughout this Nation. coughing, runny nose, headaches, ach- being written in secrecy also on their We cannot continue to spend. You ing all over, I would do a CBC, or a side—but the mandates that we know cannot spend yourself into prosperity. complete blood count, to see if they that they want to include in those bills It’s impossible. And that’s exactly had a bacterial infection which needs will cost millions of people their work what we seem to be doing. In fact, the an antibiotic treatment, or a viral in- and put people out of work. Why? Be- President came to the Republican Con- fection, which is not helped by anti- cause they are mandates on small busi- ference when he wanted us to vote on biotics. The patient doesn’t need to ex- ness that small business is going to his stimulus package, and he said he pend the money on those antibiotics have to either not hire people or they wanted bipartisanship, which is laud- and doesn’t need the exposure with the are going to have to let people go. able. But then he went on to say he possible side effects and the con- In fact, I have talked to small busi- wanted bipartisanship but we needed it sequences of being on the antibiotics. nessmen and women, and they tell me and must vote for his bill. He didn’t I could do that test, CBC, in 5 min- that with the 8 percent mandate that’s want any input from us. utes. It cost 12 bucks. CLIA shut my in the House bill that’s going to fall He’s said that his door is open for Re- lab down. I had to send patients over to upon them if they don’t supply health publican ideas on health care, but he the hospital across the way. It took 2 insurance for their employees, it’s won’t listen to us. We’ve tried and to 3 hours and cost $75 for one test. The going to put that business out of busi- tried, but he doesn’t listen, because test goes from 5 minutes, 12 bucks, to 2 ness. Millions of people in this country with the President, with the Speaker to 3 hours, $75, for one test. are going to lose their job with and the majority leader, it’s their way Now, the American people, if they ObamaCare. The American people need or no way. look at the math there and just extend to understand that, Mr. Speaker. In the nonstimulus bill, there was it over the course of everything that Not only that, it’s going to be ex- funding for what is called comparative comes into play in the health care fi- tremely expensive. We don’t know effectiveness research. And in medi- nancing in this country, would see that what the ultimate cost is because we cine, as a doctor, what we’ll do is look the health care insurance costs went haven’t seen the bill. Nobody can see it at comparative effectiveness of dif- up for everybody because of that one except for the few handpicked minions ferent treatment programs. We will de- government intrusion into my office of the Speaker and the majority leader cide, for instance, for prostate cancer if and my ability to give the kind of qual- of the Senate. We don’t know how surgery alone is more effective than ra- ity care that I am trained to do and much it’s going to cost, $1 trillion, $2 diation therapy alone or chemotherapy that I want to do. trillion, $3 trillion. alone. And we will compare the effec- Another example, Congress not long We know this, Mr. Speaker: When tiveness of those treatment modalities, ago passed HIPAA, the Health Insur- Medicare was brought into being, the those treatment options, or maybe sur- ance Affordability and Accessibility cost estimates of Medicare missed the gery plus radiation, surgery plus chem- Act. The HIPAA bill has cost the mark terribly. Medicare has cost otherapy, surgery plus all three. This health care industry billions and bil- many, many times over what it was is what we do in health care. This is lions of dollars, billions of dollars. projected to cost by the Congressional what we do in medicine today. We com- That’s passed on down through the in- Budget Office. I think that’s exactly pare the effectiveness of treatments: surance companies and through pricing what we are going to see with us today. one medicine for high cholesterol to the consumers. Congress, Mr. Speaker, is spending versus another medicine for high cho- It has to be, because people have to money that it doesn’t have. We hear lesterol; one medicine for diabetes make a living. It has cost the health people over and over again say, well, versus another; one medicine for high care industry billions of dollars and government will provide free health blood pressure versus another. We do

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.097 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11574 CONGRESSIONAL RECORD — HOUSE October 21, 2009 this comparative effectiveness. But a hunters’ option and a fisherman’s op- I welcome you, Dr. FLEMING, to this that’s not what the Democrats put into tion. We could have a bricklayers’ op- discussion tonight. I know you have a the stimulus bill with their compara- tion and a carpet layers’ option. This lot to say, and I will yield to you. tive effectiveness research. And in the will increase the options and thus in- Mr. FLEMING. I thank the gen- new bureaucracy created by crease the marketplace for all Ameri- tleman, Dr. BROUN from Georgia, whom ObamaCare here in the House, there is cans. And the more options you put on I consider a mentor of mine, a family a comparative effectiveness panel that the marketplace, the lower the cost is physician who has preceded me into is going to make decisions about sen- going to be. Plus, it will help to drive Congress. And it’s important that we iors and what they can get in the way down some of these outrageous salaries physicians speak out on this important of treatments, medicines, surgeries, ev- that the insurance companies are offer- issue. We’ve come to a point now where erything. And it’s going to be age re- ing their executives. the Democrat version of this, or lated. So they are going to use an age- Mine will lower the overreaching cost versions I shall say, are about to be put related cost comparative effectiveness of health care for everyone through the together and put to a vote. And I think that we have an idea about what’s of looking at spending dollars, not tax system, because what my bill will going to come out on the other side of treatment outcomes, not whether one do is give 100 percent tax deduct- this, whether it’s a hybrid or some sort treatment saves lives over another, but ibility—let me repeat that—100 percent of combination or one or the other, the how to best spend the limited dollars tax deductibility for everybody for Baucus bill, which mainly emphasizes that the Federal Government has. every health care expense. And this is We don’t have unlimited dollars, Mr. increased premiums, taxes on health above a standard deduction. So it will plans, on medical devices, if you will; Speaker, and we cannot continue to allow an income tax deduction on all print dollars like we’re doing today. and then on the House side, a plan with health care premium costs for every- a so-called robust public option which It’s got to stop. We’ve got to stop body. It will allow individuals to make printing money. We’ve got to stop bor- we know to be a very robust takeover tax deductions to any health care ex- by the government of health care rowing from our children’s future. pense, including their expenses that We’ve got to stop this outrageous which will lead to a number of taxes. are funded through a health savings ac- Every one of them finance this pro- spending, Mr. Speaker, and we’ve got count. gram basically in two ways: one, rais- to give people choices. My bill markedly expands the health Republicans have offered many bills. ing taxes or a cost on premiums or savings account and gives people the Over 40 Republican bills, alternatives both; and the other is gutting Medicare ownership of that where they can turn to ObamaCare, to H.R. 3200, have been to the tune of a half trillion dollars. On their health savings account into their introduced in the U.S. House of Rep- top of that, it gets a running start by estate so that their beneficiaries, their resentatives. Each folder contains a taking in revenue for about 3 years be- family, will receive the benefits. In separate bill. Republicans are offering fore actually spending it on anything fact, it even creates a Medicare health to, again, cook the books and make folks in this country options, options savings account and allows Medicare things look better. And then on top of to lowering the cost of health care, op- patients to buy health insurance, pri- that is an impending decline in reim- tions to make sure that patients have vate health insurance, on top of the bursements to physicians of 21 percent the ability to choose their own doctor, health savings account. It gives them in their Medicare reimbursements, and that in that doctor-patient rela- ownership. It will be funded through which, again, adds another $250 billion tionship, that’s how health care deci- Medicare. But it will be such that they of cost on this, which can be hidden. sions are made, not by some bureau- will own that, and that will go into They’re trying to hide it, but it’s not crat that H.R. 3200, ObamaCare, is their estates, too, if they don’t spend successful. going to put between the patient and all the funds. Mr. BROUN of Georgia. I want to re- their doctor. The AARP can, for instance, sell claim my time just 1 second because In fact, just today, I introduced my there’s an extremely important point, own bill. It’s in this stack, one of them. them supplemental insurance on top of Dr. FLEMING, you just made, and I Mine is a little over 100 pages. By the their Medicare health savings ac- counts, and all the insurance compa- think the American people need to un- way, I have read my own bill. I doubt derstand that. So I would like for you, NANCY PELOSI ever read her own bill. nies will be able to continue to do busi- ness. But it creates a marked amount if you would please, to repeat the But I read my own bill. We call it the statement that you just said, and then OPTION Act. The OPTION Act stands of market forces in the health care field. I want to ask you a question about for ‘‘Offering Patients True and Indi- that statement, if you would. Please vidualized Options Now Act.’’ My bill My bill will also repeal and reform the barriers that currently exist for repeat that statement. will make the purchase of health care Mr. FLEMING. That at the end of the physicians to donate their services to more affordable to more people because day, this thing is going to be financed people who don’t have health insurance it drastically expands the individual by a combination of increased premium or can’t afford to pay for their health markets available for all of us and costs—significantly increased premium care. And many others things are in gives us many options. costs—or taxes or both, and gutting my bill, H.R. 3889, the patient OPTION Right now, most people in this coun- Medicare to the tune of a half trillion Act. try only have one option, and that’s dollars, and on top of that, another $250 the insurance that their employer pro- Republicans offered many alter- billion of impending cuts to the tune vides to them. About 85 percent of natives. The American people, Mr. of, at this point, of 21 percent, if not America has that one option. Medicare Speaker, need to know that what they greater, to physician reimbursement, and Medicaid patients only have those hear from our Democratic colleagues, which if it ever goes into effect will ba- two government options, one each. that Republicans don’t have a plan, is sically collapse the Medicare market Also my bill increases pooling options. absolutely false. It’s trying to mislead and accessibility of care to physicians. What my bill will do is it will allow the American people. And the Amer- Mr. BROUN of Georgia. The physi- what we call associations to be formed, ican people should call them on that cian reimbursement rate is the point I if they are not already there, to offer and say shame on you for making these wanted you to really focus upon, Dr. health insurance to their members. For outrageous statements because they FLEMING. I know you’ve talked to a lot instance, I’m a Rotarian. Rotary Inter- know it’s not factual. of doctors in Louisiana, just like I’ve national could have one or more health We have many plans. I have been talked to a lot of our physician col- insurance plans that they offer to all joined tonight by several other physi- leagues from Georgia, and really from Rotarians and Rotarian families cian colleagues here in Congress. We all over the country. The doctors’ re- around the country. I’m also an alum- are offering many alternatives. An- imbursement rate is what doctors are nus of the University of Georgia. We other family doctor is a freshman who paid. That is now below what it costs can have a UGA health care option has been very vocal in this from them to deliver the care. I think most that people could buy into. I’m a Shreveport, Louisiana, Dr. JOHN FLEM- physicians would agree with that, hunter. I’m a fisherman. We could have ING. wouldn’t you?

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.098 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11575 Mr. FLEMING. Absolutely. It’s only another step. Remember that I said Some of the Democrats will refute that a fraction of the real cost. earlier the only way doctors are mak- statement, but, factually, people come Mr. BROUN of Georgia. Then if doc- ing it now is that private insurance is from all over the world for our health tors are cut more, that’s through Medi- making up the difference, it is making care because it is the best in the world. care and Medicaid today, if doctors’ up the gap, on average $1,800 per family Dr. CASSIDY, thank you for joining us payments are cut even more, what’s per year that is insured. tonight. I will be glad to yield to you going to happen to a senior’s doctor Mr. BROUN of Georgia. That is not for a while. who is out there trying to take care of fair either to the private side. Mr. CASSIDY. Thank you, Dr. folks now and being underpaid by Medi- Mr. FLEMING. No. Absolutely. What BROUN. I am pleased to be here. care? What do you think is going to this bill will do is not only gut Medi- Let me start off by saying I actually happen? What is the doctor’s response care and reduce the reimbursements to totally agree with our Democrat col- going to be? What does it have to be? physicians already, but it is going to leagues on the goals of health care re- Mr. FLEMING. Again, to look at the deliberately push people from private form. We have to control costs. By fundamentals of economics, today doc- insurance, because this so-called com- doing so, you can create access to high tors are paid on average 80 percent of petition is going to be an artificial quality care. the cost of the care they provide. The market, which is really a low-ball, and As you mentioned, I have been work- rest is made up on private insurance. it is going to force employers to push ing in a hospital for the uninsured for And if you cut that further, then physi- their employees onto this. So you will 20-something years, a public hospital in cians will find not only can they not see Medicare enlarging. And when I say Louisiana, part of our safety net sys- break even on providing care to Med- that, I don’t necessarily mean in a ge- tem, so it occurs to me that I know icaid recipients, they are going to lose neric way. firsthand the need to control costs. In money. And they can’t afford to do Just today, the Democratic Party re- our budget, there is a fixed budget, if that. They can’t make payroll. They leased a trial balloon, saying, well, in- you will. If we exceed that, then we can’t pay their light bill, their rent and stead of calling it a public option, let’s don’t have the ability to provide more so forth if they can’t make enough call it Medicare for everyone. Every access. We do have to form those long money from their patients. physician will be paid at the Medicare lines. And I kind of applaud the Presi- So the bottom line here is the basic rates for all these new patients. dent because he recognizes the need to dishonesty of this bill. It says that a So what you have in the end, just to control costs. half trillion dollars will be cut out of summarize, is a growing Medicare pool For example, he has more than once Medicare and it’s going to come out of or universe and a shrinking private in- said that the price of failure is that fraud, waste and abuse. After 40 years, surance, which will drive insurance costs will double over the next 10 no one has been able to figure out how costs up steeply, and you will be left years. In fact, I think the President to do that. No one advances a method- with basically a collapsed private in- has said that without his reforms or ology for doing that today. And so if surance market. the reforms he agrees with, that we you add already the fact that physi- Mr. BROUN of Georgia. That is the know that the costs will double over cians are paid less than their costs, an reason we know that millions of people the next 10 years and they will be out impending cut of 21 percent of their re- are going to lose their private health of control. I think he recognizes that imbursement and perhaps more in fu- insurance, because they are going to be cost control is one of the three legs of ture years, and then another half tril- forced off of it and forced into this so- the stool. Again, we must control costs lion dollars, which is going to go called public option, this government, in order to ensure access to high qual- against them and hospitals, what we’re bureaucrat-run, socialized health care ity care. basically doing is telling seniors, For- system. And we already see we have But we on the Republican side, I get it; we’re taking your health care, several government, bureaucrat-run think, have continually pointed out and we’re giving it to other people. health care systems, Medicare being that his programs will lead to higher b 1700 probably the most notable one, which costs, not lower costs, and that is of Mr. BROUN of Georgia. That is right, is already rationing care. concern to me, who has worked in a and that is what the Cost Effectiveness It tells me as a doctor and you as a public hospital, that knows that once Panel is going to tell seniors is you doctor when we can put a patient in costs are out control, then you inevi- just can’t get that surgery, you just the hospital or not and how long they tably have a decrease in access. can’t get that test you need. But doc- can stay there or not, whether they can I was struck today that there is an tors are going to quit seeing Medicare get a medication or other types of independent article that just came patients is what is going to happen. I treatments or not. And they want to across the Associated Press that under have talked to a lot of physicians. So put everybody in that kind of system? the proposed overhauls, the U.S. health seniors particularly are going to lose, I think not. That is not what is in the care tab would grow. That is the head- because they are not going to get the best interests of the American people. line. And this is an analysis by the medical services that they need to The American people need to under- Health and Human Services Depart- keep them healthy and keep them liv- stand this. ment looking at the impact of H.R. 3200 ing, plus they are going to lose their We have also been joined by another upon overall health care costs. doctor that they have trust in today. good friend of mine, also from Lou- Mr. BROUN of Georgia. Tell me it is In fact, in some communities, some isiana. We are blessed in the Repub- not so. It is going to go up? The health patients have difficulty finding a doc- lican Conference with three excellent care costs are going to go up? tor who will take Medicare, and a lot of physicians from the State of Louisiana. Mr. CASSIDY. You know, in one communities, even in my own commu- Dr. BILL CASSIDY is a gastro- sense, in one sense it is almost humor- nity, patients are having a hard time enterologist, and he has been working ous, and in another sense, it is almost finding a doctor that will take Med- in a public hospital for years and tak- tragic. Because what we have been say- icaid, or PeachCare, which is the Geor- ing care of patients that have had prob- ing all along is that under these pro- gia SCHIP, State Child Health Insur- lems with health insurance. posals, costs actually go up, and we ance Program payment. Dr. BILL CASSIDY is one of the sages know in our practice when that cost Doctors are going to be forced to of the freshman class and an excellent goes up, inevitably there is some sort abandon their acceptance of these pa- physician from Louisiana. We are of squeeze-down on people’s access to tients. They want to see these patients, blessed to have him here tonight, and high quality care. but they are not going to be able to do we are blessed to have you, Dr. By this, which is an independent gov- so because of the economic squeeze CASSIDY, in the Congress to help us dis- ernment economist, this is the Medi- upon the doctors. Right now doctors cuss the issues about health care fi- care Office of the Actuary, it says that are being paid less than what it costs nance reform. the report found that health care them to actually give the service. This whole discussion is not about would account for 21.3 percent of the Mr. FLEMING. If the gentleman health care reform. We have got the U.S. economy in 2019 under these re- would yield, I would like to extend that best health care system in the world. forms, slightly more than an estimated

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.099 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11576 CONGRESSIONAL RECORD — HOUSE October 21, 2009 share of 20.8 percent of the economy if have owned small nonmedical busi- Mr. ROE of Tennessee. Well, Dr. no bill passes. nesses for a number of years, over 20 BROUN, we have. Let me say I was here Additionally, it says that with the years, and we ran into this same esca- this morning early, and I came to this exception of the proposed reductions in lation problem, 9, 10, 12, 15 percent, Congress, I practiced medicine, OB– Medicare, the legislation would not really, per year. Finally we said, What GYN, delivered almost 5,000 babies, and have a significant impact upon future can we do to resolve this? And the I came to this Congress with a non- health care gross costs. It adds, it is Health Savings Account had been en- partisan background as the mayor of doubtful that the proposed Medicare acted again by the Republicans just Johnson City, Tennessee. That was my cuts will stay in. shortly before that, and I studied it. political background. So I came here to What we are seeing is that when the I used my background as a physician try to help be part of this great health President says that reform must be in the economics of medicine and I care debate. done or costs will double, indeed, under said, You know what? This, in effect, How I started my time off was I their reform plan, costs more than dou- connects the patient, in this case me brought every think tank that I could ble. and my employees, back to the real find—Brookings Institute, which is a Another report by the Congressional cost of care. It should have a remark- left-leaning think tank, Heritage Foun- Budget Office suggests that under the able impact bending the cost curve dation, Cato, AEI—into my office and reform plans before us, including the down. We didn’t use that term then be- sat down and listened to them and said, Senate Finance Committee, that the cause it hadn’t been used. But to make What is the problem? How do we define rate of inflation will be 8 percent per a long story short, we implemented it. the problem of our country right now year. That is compounded. That more We are about 7 years down the road as far as health care is concerned? than doubles costs. At a minimum, re- now, and our net increase in inflation One of them was escalating costs. form should not be more expensive cost has been less than 3 percent per How do we deal with that? How do we than the status quo if cost is the issue. year. deal with the uninsured and how do we So, Dr. BROUN, I want to return, I Mr. BROUN of Georgia. That is out- deal with preexisting conditions? think you are right on when you spoke standing. I think the thing that troubles most earlier about your bill, and, of course, Let’s go back to something we said of us out there, and me as an indi- I am a cosponsor of H.R. 3400, which in- with both of you, Dr. FLEMING as well vidual, quite frankly, is if you lose cludes things such as Health Savings as Dr. CASSIDY. H.R. 3200, the Pelosi- your job, you lose your health care. Accounts, that actually can bend the ObamaCare bill, is going to raise over- That is something that everyone in cost curve. all costs of health care in this country. this country fears, and certainly in a I was speaking to a woman back It is not going to lower the cost; it is bad job market. So I thought about home who does small group insurance. going to raise the cost. Not only do we that at great length and brought some I called her up and I said, If you have have this administration estimate that basic principles which we have, and I a family of four with an HSA and a it is going to increase the cost, but stood on the House floor this morning wraparound catastrophic policy versus even CBO said it is going to increase and heard three different individuals a family of four with the traditional in- the cost. CBO said it is not going to say that there were no other plans out surance policy, what is the rate of in- cover everybody. there. flation? Mr. CASSIDY. CBO, if I may, the b 1715 She said, Well, with the Health Sav- Congressional Budget Office, because I That is absolutely false. ings Account and the wraparound cata- find sometimes we get used to these Mr. BROUN of Georgia. Let me inter- strophic, about 6 percent per year. terms, but the independent arm of Con- rupt you and just say that we hear that Now, that actually begins to bend the gress that evaluates the fiscal matters, over and over again. We hear claims cost curve down. She said, though, for if you will, whether or not something from the Democrats that the Repub- the traditional insurance policy, it is costs more or less or is just right, the licans don’t have a plan. Look at all more along the lines of 9 to 11 percent Congressional Budget Office says the these bills. Every folder has a Repub- per year. rate of growth will be 8 percent per lican bill in it. I have my own there. So I think what we in this delega- year under the plans before us from the Many other Members, all these are Re- tion, this conference, have found is House Democratic leadership and the publican plans, Republican bills to help that if we empower patients, if we do Senate Finance Committee, and that rein in the costs and give people more what a Health Savings Account does, more than doubles costs in 10 years. options. which is take a portion of that health Mr. BROUN of Georgia. Absolutely. Mr. ROE of Tennessee. Well, Dr. insurance premium, puts it into an ac- So it is going to cost more money for BROUN, if you’ll yield back. count, and if the patient has money everybody, and it is going to cost jobs. Mr. BROUN of Georgia. Yes, sir. left over at the end of the year, it be- Millions of people are going to be put Mr. ROE of Tennessee. And I heard longs to the patient, she can roll it out of work by the ObamaCare bill. my good friends, Dr. FLEMING from over into the account the subsequent And we have got all these bills. Every Louisiana and Dr. CASSIDY, both men- year, as opposed to a program which folder has a different bill that the Re- tion this. But I looked at it, and I empowers government, which is a top- publicans have introduced, many, thought How can we make insurance down, central planning Medicaid-Medi- many alternatives, that will lower the portable? How do you affect preexisting care type of program, which, as good as cost, let me repeat that, lower the cost conditions? If you have a large group they are, nonetheless have inflation for everybody and get more people on market, you don’t have a problem with rates which are higher than the infla- insurance. preexisting conditions. tion rates for even traditional insur- We have also been joined tonight by For instance, in our city, where I was ance policies. If we go with the patient- another good friend, a freshman from mayor, it didn’t matter. How did we empowered process, we control costs. If Tennessee who has been very eloquent handle a preexisting condition? We we go with the same paradigm as this in telling us about the Tennessee ex- took everyone in. Everyone paid the report states, we actually increase periment that is exactly the same ex- same rate, and we bought catastrophic costs, the kind of government para- periment, the same program that coverage in case someone had a leu- digm. NANCY PELOSI and Barack Obama and kemia or a cancer or a severe heart If I can defer to my colleague from HARRY REID are trying to force upon problem and covered that issue. Shreveport, Dr. FLEMING actually has a the American public called TennCare. We also used prevention and very nice story about how they brought It didn’t work in Tennessee and it is wellness. And I can tell you there are Health Savings Accounts into their not going to work here. In fact, one of four organizations in my community, small group and indeed lowered costs. the definitions of insanity is doing the in my area, that have had minimal Mr. FLEMING. I appreciate your same thing over and over again and ex- health care increases in the last 4 to 5 yielding for a moment. pecting different results. years. How do they do that? Well, they Absolutely true. Apart from being a We have already done it, haven’t we, change the incentives from consump- family physician for over 30 years, I Dr. ROE? tion to wellness. And let’s say you

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.101 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11577 came in and you were hypertensive and is taking about. I talked to a hospital Certainly in our plan, you can take you had diabetes and you smoked and administrator in my district Monday, the bills that we’re individually in- you were overweight. Well, we would and he told me that their health insur- volved in and collectively involved in, penalize you financially for that. These ance plan for their employees has a for medical liability reform, nothing organizations—and there are busi- $2,500 deductible. But what they put in else has to pass for that medical liabil- nesses there that have been able to place was, if a patient smoked, they ity reform bill to save $54 billion. Noth- hold their costs down—but if you would pay a $2,500 deductible. If they ing has to pass for our associated changed and modified your behavior, have high blood pressure, they pay a health association health plans bill to we rewarded you for that and you $2,500 deductible. Diabetes, if they be out there and suddenly allow lots of would actually earn money by chang- didn’t lose weight and control their people to have access to health care ing your behavior. sugar, they had a $2,500 deductible for that they don’t have right now. Noth- And guess what that’s done? That’s everybody. ing else that I’m for has to pass for fair empowered the patient to be in charge But if you don’t smoke, they’d give tax treatment so that if you get your of their own health care. And we hear you a $500 credit. If you controlled insurance on your own, you have the all the time about insurance compa- your blood pressure, they’d give you exact same tax treatment that the big- nies. And I can tell you right now, I’m another $500 credit. If you controlled gest company in America has if they not sitting here defending an insurance your blood sugar, another $500 credit. If give insurance to people. company. And you and I—I’m a sur- you lose weight, another one. And peo- So we’ve got lots of bills out there. geon, and I’ve spent as much time on ple could actually, by doing these There are Republican solutions. The the phone trying to get an insurance things that we all suggest to our pa- biggest misleading thing said in this company to approve care than I actu- tients to make them healthier, and debate, which has lots of misleading ally do in the cases. But in our own make them less liable to expend health elements to it, is you can either do practice we have about close to 300 peo- care dollars, people could actually get what the administration wants to do, ple who get their care from our group, credits so they had no deductible. And or you can do nothing. There are lots 70 providers, 300 or so employees. if an employee didn’t have those prob- of choices between what the adminis- What we did, and what I’ve done, is lems, then they didn’t have the deduct- tration wants to do and nothing. They use this as a health savings account ible because they were already under reform health care without devastating card. And what Dr. CASSIDY was talk- control, their blood pressure was con- taxpayers. And that’s what we’re ing about, so people understand how trolled, their sugar was controlled, et doing. And, again, nobody has been bet- this empowers the individual, is this: cetera. ter on talking about the doctor/patient so much money, whether it’s $2,000 or So going back to what Dr. ROE said, relationship and what you do to be sure $3,000 and you go buy first dollar. it was an excellent way of getting their that doesn’t become the bureaucrat/pa- You’re going to shop. I do. If I go get a employees to help take care of them- tient relationship than our doctors, scan, I want the best price. At the end selves and lower the cost for them as a and I’m glad to be here on the floor of that year, if I don’t spend that company, plus it lowered the cost for with you and look forward to being money, it goes into an account, as Doc- all of their employees too. We’ve also part of this discussion for a few min- tor FLEMING said. Now, how many peo- been joined by my good friend, ROY utes. ple in our group chose to use this? BLUNT from Missouri; and we welcome Mr. BROUN of Georgia. Mr. BLUNT, I Eighty-four percent, instead of tradi- you, Mr. BLUNT, anytime for, not only want to point out here we have all tional accounts, they used a health this Doctors Caucus Special Order, but these folders here on the desk. Each savings account. you’ve got—you’re very sage on these one contains a Republican bill to help Mr. FLEMING. Will the gentleman issues and I yield to you, sir. reform the health care financing. yield on that? Mr. BLUNT. Well, I thank the gen- Every single one of these, these are all Mr. ROE of Tennessee. Yes. tleman for yielding. It’s good to be Republican bills that have been intro- Mr. FLEMING. On the subject of here on the floor with so many of our duced in this House of Representatives. health savings account—and you heard Republican doctors. When you’re in a Not one will see the light of day if me say our experience was less than 3 debate on health care, and you can say, NANCY PELOSI wants to bury them as percent increase in costs per year. And Doctor, Doctor, Doctor, Doctor, you’d she has thus far. Every single one of you point out that it’s the employer’s probably better be in a discussion on these is a plan that I think we could dollars that are going into that ac- health care. And I want to say that our get a lot of Democrats, if they would count, not the employees. It’s pre-tax Republican doctors have really been ever have the ability to look at them or nontaxed, really; and it’s used at the doing a great job leading on this issue. and consider them. employee’s discretion. Many of them were on the health care But it’s unfortunate that this leader- Just a quick example: had a lady solutions group that I led and, you ship is saying it’s either the Obama who, when we first implemented this, know, we haven’t produced an 1,100- way or no way. And then they come she said, Well, I’m a little concerned page bill or a 1,500-page bill. But and literally lie about us not having a because this means that I’ll have to there’s lots of legislation out there bill. Just this morning during Special pay out of pocket, meaning out of the that Republicans are for that would Orders, Democrats came in and said we health savings account for my medica- change health care in the right way don’t have a bill. Here they are. The tions for my respiratory problems. And and a lot of it that you as individuals American people need to understand I said, Well, what is it that you take are supporting as well. that. and how much does it cost? And she And one thing I’ve heard, Dr. BROUN, Mr. BLUNT. If the gentleman would says, Well, I use several inhalers. It all over the summer, throughout the yield, we have plenty of alternatives, costs me $100, $150 a month for medica- summer and now into these early and I’m absolutely confident that if tion. And I suggested, Well, why don’t months of the fall, is why do we have you ask the American people would you stop smoking and you’ll save bills that nobody can read, that nobody you rather have one 1,500-page bill—I money on the tobacco, and you can can understand and certainly, in health actually heard today that the Senate stop your inhalers, probably. And sure care? I suppose if you’re on the other bill, the Baucus bill, is over 1,500 pages. enough, she did: came back 3 months side of this issue and you’re trying to Would you rather have one 1,500-page later and thanked me. She felt better. come up with a health care plan that bill, or would you rather have 15 bills She had a lot more money in her pock- costs $1 trillion, maybe it all has to that were all less than 100 pages that et, and it all had to do with the health work together. You have to have the you could debate one at a time, that savings account. taxes, you have to have the mandatory you could change the system in a way Mr. BROUN of Georgia. Reclaiming insurance for every American, you that people understand exactly what my time, as a family doctor, it’s al- have to penalize small businesses that you’re doing, and that you don’t dev- ways been a problem for me to get pa- don’t create insurance for their em- astate future generations with a health tients to comply with these wellness ployees, maybe it all does have to come care plan that just simply can’t be paid suggestions that I make that Dr. ROE together. for when we have reforms that would

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.103 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11578 CONGRESSIONAL RECORD — HOUSE October 21, 2009 create a lower cost of health care gen- a list of bills on health care that have Mr. ROE of Tennessee. Dr. BROUN, erally, lower cost of taxpayer-provided been introduced. Probably most of what happened was exactly as you health care specifically, and not add to them are in those binders behind Dr. point out. In 1993, we were spending $2.6 the Federal deficit. BROUN. billion. We had a lot in the State of And I know the answer to that, doc- b 1730 Tennessee on our Medicaid plan. We tors. I know the answer to that and changed to a plan called TennCare. By But Dr. BOOZMAN from Arkansas has you do too. You all were at the town the year 2004, it was a $7.5 to $8.5 bil- three different bills, Dr. BOUSTANY hall meetings. You’ve been on tele- lion plan. It tripled the cost. Forty-five from Louisiana—cardiothoracic sur- phone town halls. And people are tired percent of the people who got on the geon—two bills; Dr. MICHAEL BURGESS, of bills where the answer, where the plan had private health insurance and our colleague from Texas, OB–GYN, problem is hidden somewhere in the has six different bills, including a paid- dropped it—exactly what’s going to bill and nobody can find it. And believe for doctor fix elimination of that SGR. happen in the public option. And how me, if there’s a 1,500-page bill, if this did the governor, a Democratic gov- Dr. BROUN has a great bill himself, H.R. Congress stays true to form, there will ernor, rein in costs? He cut the rolls. 227; Dr. CASSIDY has a bill; Dr. FLEMING be a 1,500-page substitute put on the has H.R. 615; Dr. JOHN LINDER; TIM He rationed care in that way. And that table the day we’re asked to vote on it, MURPHY, our colleague from Pennsyl- is exactly what will happen in a public and nobody will have possibly had time vania, has two bills; Dr. RON PAUL from option that we’re talking about. We’ll to read it. Texas has six different bills; MIKE go into it in more detail. The bills right behind you are not SIMPSON from Idaho has a bill. Let me take 30 seconds and tell you only the Republican solutions to this Let me just say real quickly, Mr. if we could agree on this and pass a problem, but they’re also the way the Speaker, because I know our time is meaningful health care bill, this is all American people would like to see this running short, but you talk about a you have to do. Eliminate State lines problem solved, and we’re working simple bill, an easy to understand, so you can form association health hard to do that. We’d just like to have easy-read bill, my bill, H.R. 3700, here plans; give tax credits for low-income an opportunity to present these bills. it is, Mr. Speaker. Here it is right here. people to buy affordable health care; We’d like to have an opportunity to This is easy. If you drop this bill, it have a tax deduction for individuals. have a hearing on these bills. We’d love just kind of floats down. But it is so Last year I was an individual when I to have an opportunity for these bills important because H.R. 3700, Ten Pre- ran for Congress, and I couldn’t deduct to be debated on the House floor. So far scriptions for Healthy America—I can my health care premiums. It made nobody’s given us that opportunity at run through them quickly and not take them 30 percent higher. any level. up too much of my colleagues’ remain- Number four, let young people who Mr. BROUN of Georgia. Thank you, ing time. don’t have a job when they get out of Mr. BLUNT. I appreciate it and appre- Number one, no government-run high school or college, let them stay on ciate your chairing the task force to health plan. I hope my Democratic col- their parents’ health care until they’re look at the health care from the Re- leagues on the majority side haven’t 25, 26 years old. It costs the govern- publican Conference side. We’ve also forgotten what people were telling ment a big fat zero. You can cover 7 been joined by my dear friend and col- them in August despite this recent poll million young people doing that. league, one of my mentors actually, they came out with. I think they need Tort reform and SGR fix. Those are Dr. PHIL GINGREY, OB–GYN from Geor- to think about that. People don’t want not terribly expensive things to do. I gia. He grew up in Augusta, Georgia, a government-run health care plan. think we can all agree on them. And I that I represent. He was slightly ahead They certainly don’t want cuts in sen- believe we can get a meaningful health of me in medical school at the Medical ior care, that’s $500 billion out of a care plan that doesn’t blow up a sys- College of Georgia, and we’re just very Medicare system and literally gutting tem that’s working for 80 or 85 percent honored to have you, Dr. GINGREY. I Medicare Advantage. of the people right now. yield to you, sir. No new deficit spending. And the Mr. BROUN of Georgia. Thank you, President said, Hey, not a dime will we Mr. GINGREY of Georgia. Mr. Speak- Dr. ROE. er, I appreciate my colleague, Dr. add to the deficit. No new taxes. No ra- TennCare failed? BROUN, for yielding and for controlling tion of care, particularly for our sen- Mr. ROE of Tennessee. Yes. the time and my colleagues Dr. ROE iors. They don’t want to get thrown Mr. BROUN of Georgia. ObamaCare is and Dr. FLEMING. And plus we just under the bus just so we can spend $1.5 going to fail. It’s going to wreck our heard, Mr. Speaker, from ROY BLUNT, trillion covering an additional 15 mil- economy, it’s going to put people out former majority whip, long-term mem- lion people. That’s what, 4 percent of of work, and seniors are going to be the population—many of whom are ber of our leadership. And talking hurt the most by ObamaCare. about wouldn’t it be better to have fif- young and healthy and really don’t We’ve got just a minute left. want that coverage. No taxpayer cov- teen 100-page bills that we could look I would like to go back to Dr. FLEM- erage for illegal immigrants. at and study and understand and take ING. So I could go on and on with these 10, Mr. FLEMING. I just have 15 seconds up in a very deliberative manner rather but I know we’re running short of time. of a thumbnail little summary I’d like than one 1,500-page bill, or in the case But it’s great to have an opportunity, of the House bill, H.R. 3200, I think, Mr. Mr. Speaker, to let the Democratic ma- to mention. Speaker, we’re talking about maybe jority and their leadership, let the If ObamaCare passes, there will be in- 1,200 pages. President know we’re here, we’re creased taxes for the middle class— But, again, you hear this over and ready. You say your door’s open, we’re which the President promised wouldn’t over again, whether it’s the Sunday knocking on it. We’re ready to come in happen—and significantly increased morning talk shows or inside the belt- and present some of these ideas. private premiums. It will decrease way up here, people accuse even Presi- I yield back to my friend from Ath- services to senior citizens. It will ex- dent Obama suggesting that we weren’t ens. plode the budget. And the bottom line bringing him any good ideas, any Mr. BROUN of Georgia. I want to go is we will pay more for less meaningful ideas or, you know, the back to Dr. ROE for a minute because Mr. BROUN of Georgia. You’re ex- party of ‘‘no.’’ Well, Dr. BROUN and I we’ve got about 5 more minutes. actly right, Dr. FLEMING. We’ll pay and others have spoken about we’ll ac- In Tennessee, you all put in a govern- more for less, we’ll get poor quality cept that accusation if you spell it cor- ment-run health care program, just ex- care. It’s going to destroy the quality rectly, K-N-O-W. actly the same kind of thing that of health care in this country. And those bills behind him, behind NANCY PELOSI’s offering us here in H.R. CBO says it’s not going to cover ev- my colleague from Athens, attest to 3200, or whatever she’s writing. We erybody, and we hear our Democratic that fact. And probably my colleagues know those things. colleagues say they want to cover ev- have already mentioned this. But just Bottom line, very quickly in 30 sec- erybody, but it’s not going to. And it’s in our GOP Doctors Caucus, there are onds, did it work, or did it fail, and going to hurt everybody. And it’s real- about 12 of us, and I was just looking at what was the outcome? ly going to hurt the middle class.

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.104 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 21, 2009 CONGRESSIONAL RECORD — HOUSE H11579 When the President came and spoke Mr. GRAYSON, for 5 minutes, today. The motion was agreed to; accord- to the joint session of Congress a cou- Mr. SABLAN, for 5 minutes, today. ingly (at 5 o’clock and 36 minutes ple of weeks ago, only one person told Ms. CHU, for 5 minutes, today. p.m.), the House adjourned until to- the truth, and that was JOE WILSON. Mr. KAGEN, for 5 minutes, today. morrow, Thursday, October 22, 2009, at JOE WILSON is the only person who told (The following Members (at the re- 10 a.m. the truth. quest of Mr. POE of Texas) to revise and f The ObamaCare bill is going to give extend their remarks and include ex- EXECUTIVE COMMUNICATIONS, free health insurance to illegal aliens, traneous material:) ETC. it’s going to pay for abortions, it’s Mr. POE of Texas, for 5 minutes, Oc- going to do a lot of things that people tober 28. Under clause 2 of Rule XXIV, execu- don’t like. But the bottom line is peo- Mr. MORAN of Kansas, for 5 minutes, tive communications were taken from ple are going to be out of work that are October 28. the Speaker’s table and referred as fol- working today. It’s going to hurt our Mr. JONES, for 5 minutes, October 28. lows: economy. It’s going to hurt the elderly, Mr. BURTON of Indiana, for 5 minutes, 4192. A letter from the Assistant Secretary because they’re going to have their October 26, 27 and 28. for Financial Stability, Department of the Treasury, transmitting the Department’s health care services cut, and they’re Mr. DEAL of Georgia, for 5 minutes, summary of response to the Special Inspec- not going to be able to get their serv- October 22. tor General for the Troubled Asset Relief ices from the doctor or from the hos- Mr. POSEY, for 5 minutes, today. Program’s (SIGTARP) July 21, 2009 rec- pital that they need and deserve be- f ommendations; to the Committee on Finan- cause of ObamaCare. And the American cial Services. people need to understand these things. ENROLLED BILLS SIGNED 4193. A letter from the Under Secretary of Millions of people are going to lose a Defense, Department of Defense, transmit- Lorraine C. Miller, Clerk of the ting the description of the reorganization of job and be out on the street, and it’s House, reported and found truly en- the Department of Defense Education Activ- going to hurt our economy. rolled bills of the House of the fol- ity (DoDEA) that affects the defense depend- So the American people need to un- lowing titles, which were thereupon ents’ education system, pursuant to 20 U.S.C. derstand these things and rise up and signed by the Speaker: 924; to the Committee on Education and Labor. say ‘‘no’’ to ObamaCare. Let us have a H.R. 621. An act to require the Secretary of bipartisan debate on all of these Re- 4194. A letter from the Secretary, Depart- the Treasury to mint coins in commemora- ment of Health and Human Services, trans- publican plans so that we can find com- tion of the centennial of the establishment mitting a report entitled, ‘‘High Risk Pool monsense market-based solutions for of the Girl Scouts of the United States of Grant Program for Federal Fiscal Years health care. America. (FFYs) 2006 and 2007’’; to the Committee on H.R. 2892. An act making appropriations f Energy and Commerce. for the Department of Homeland Security for 4195. A letter from the Chairman, Federal REPORT ON RESOLUTION PRO- the fiscal year ending September 30, 2010, and Energy Regulatory Commission, transmit- for other purposes. VIDING FOR CONSIDERATION OF ting the Commission’s strategic plan for fis- H.R. 3619, COAST GUARD AUTHOR- f cal years 2009 through 2014; to the Com- mittee on Energy and Commerce. IZATION ACT OF 2010 SENATE ENROLLED BILL SIGNED 4196. A letter from the Acting Assistant Mr. ARCURI (during the Special Secretary, Legislative Affairs, Department The Speaker announced her signa- of State, transmitting the Department’s re- Order of Mr. BROUN of Georgia), from ture to an enrolled bill of the Senate of the Committee on Rules, submitted a port concerning efforts made by the United the following title: Nations and the Specialized Agencies to em- privileged report (Rept. No. 111–311) on S. 1818. An act to amend the Morris K. ploy an adequate number of Americans dur- the resolution (H. Res. 853) providing Udall Scholarship and Excellence in Na- ing 2008, pursuant to 22 U.S.C. 276c-4; to the for consideration of the bill (H.R. 3619) tional Environmental and Native American Committee on Foreign Affairs. to authorize appropriations for the Public Policy Act of 1992 to honor the legacy 4197. A letter from the Director, Inter- Coast Guard for fiscal year 2010, and for of Stewart L. Udall, and for other purposes. national Cooperation, Department of De- fense, transmitting Pursuant to Section 27(f) other purposes, which was referred to f the House Calendar and ordered to be of the Arms Export Control Act and Section 1(f) of Executive Order 11958, Transmittal No. printed. BILLS PRESENTED TO THE PRESIDENT 18-09 informing of an intent to sign a Project f Agreement with Italy; to the Committee on Lorraine C. Miller, Clerk of the Foreign Affairs. LEAVE OF ABSENCE House reports that on October 16, 2009 4198. A letter from the Director, Inter- By unanimous consent, leave of ab- she presented to the President of the national Cooperation, Department of De- sence was granted to: United States, for his approval, the fol- fense, transmitting Pursuant to Section 27(f) lowing bills. of the Arms Export Control Act and Section Ms. RICHARDSON (at the request of 1(f) of Executive Order 11958, Transmittal No. Mr. HOYER) for today on account of H.R. 1016. To amend title 38, United States 15-09 informing of an intent to sign a Project business in the district. Code, to provide advance appropriations au- Agreement with Australia; to the Committee Mr. CARTER (at the request of Mr. thority for certain accounts of the Depart- on Foreign Affairs. BOEHNER) for today on account of ill- ment of Veterans Affairs, and for other pur- 4199. A letter from the Assistant Secretary, ness. poses. Legislative Affairs, Department of State, H.R. 2997. Making appropriations for Agri- transmitting pursuant to section 3(d) of the Mr. WALDEN (at the request of Mr. culture, Rural Development, Food and Drug Arms Export Control Act, as amended, cer- BOEHNER) for today on account of ill- Administration, and Related Agencies pro- tification regarding the proposed transfer of ness. grams for the fiscal year ending September major defense equipment from the Kingdom f 30, 2010, and for other purposes. of the Netherlands (Transmittal No. RSAT Lorraine C. Miller, Clerk of the 09-1864); to the Committee on Foreign Af- SPECIAL ORDERS GRANTED House also reports that on October 21, fairs. By unanimous consent, permission to 4200. A letter from the Deputy Secretary, 2009 she presented to the President of Department of the Treasury, transmitting as address the House, following the legis- the United States, for his approval, the required by section 401(c) of the National lative program and any special orders following bill. Emergency Act, 50 U.S.C. 1641(c), and section heretofore entered, was granted to: H.R. 3183. Making appropriations for en- 204(c) of the International Emergency Eco- (The following Members (at the re- ergy and water development and related nomic Powers Act, 50 U.S.C. 1703(c), and pur- quest of Ms. WOOLSEY) to revise and ex- agencies for the fiscal year ending Sep- suant to Executive Order 13313 of July 31, tend their remarks and include extra- tember 30, 2010, and for other purposes. 2003, a six-month periodic report on the na- neous material:) tional emergency with respect to significant f narcotics traffickers centered in Colombia in Ms. WOOLSEY, for 5 minutes, today. ADJOURNMENT Executive Order 12987 of October 21, 1995; to Mr. DEFAZIO, for 5 minutes, today. the Committee on Foreign Affairs. Mr. INSLEE, for 5 minutes, today. Mr. BROUN of Georgia. Mr. Speaker, 4201. A letter from the Chairman, Council Ms. KAPTUR, for 5 minutes, today. I move that the House do now adjourn. of the District of Columbia, transmitting

VerDate Nov 24 2008 01:30 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.105 H21OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11580 CONGRESSIONAL RECORD — HOUSE October 21, 2009 District of Columbia Council: a copy of D.C. ments 2008-2009, pursuant to Public Law 109- land to the United States to be held in trust ACT 18-206, ‘‘Unemployment Compensation 248, section 635; to the Committee on the Ju- for the Hoh Indian Tribe, to place land into Additional Benefits Program Temporary diciary. trust for the Hoh Indian Tribe, and for other Amendment Act of 2009’’, pursuant to D.C. 4213. A letter from the Director, Bureau of purposes; with an amendment (Rept. 111–306). Code section 1-233(c)(1); to the Committee on Prisons, Department of Justice, transmit- Referred to the Committee of the Whole Oversight and Government Reform. ting report on post-release mentoring for ex- House on the State of the Union. 4202. A letter from the Chairman, Council offenders, pursuant to Public Law 110-199, Mr. RAHALL: Committee on Natural Re- of the District of Columbia, transmitting section 213; to the Committee on the Judici- sources. H.R. 1471. A bill to expand the District of Columbia Council: a copy of D.C. ary. boundary of the Jimmy Carter National His- ACT 18-205, ‘‘Unemployment Compensation 4214. A letter from the Assistant Secretary, toric Site in the State of Georgia, to redesig- Administrative Modernization Amendment Legislative Affairs, Department of State, nate the unit as a National Historical Park, Act of 2009’’, pursuant to D.C. Code section 1- transmitting Documentation of Non- and for other purposes; with an amendment 233(c)(1); to the Committee on Oversight and immigrants Under the Immigration and Na- (Rept. 111–307). Referred to the Committee of Government Reform. tionality Act, As Amended; Requirements the Whole House on the State of the Union. 4203. A letter from the Chairman, Council for Aliens in Religious Occupations; to the Mr. RAHALL: Committee on Natural Re- of the District of Columbia, transmitting Committee on the Judiciary. sources. H.R. 2008. A bill to authorize the District of Columbia Council: a copy of D.C. 4215. A letter from the Attorney-Advisor, Secretary of the Interior to facilitate the de- ACT 18-204, ‘‘Medical Insurance Empower- Department of Homeland Security, transmit- velopment of hydroelectric power on the Dia- ment Surplus Review Temporary Amend- ting the Department’s final rule — Large mond Fork System of the Central Utah ment Act of 2009’’, pursuant to D.C. Code sec- Passenger Vessel Crew Requirements [USCG- Project; with an amendment (Rept. 111–308). tion 1-233(c)(1); to the Committee on Over- 2007-27761] (RIN: 1625-AB16) received October Referred to the Committee of the Whole sight and Government Reform. 6, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to House on the State of the Union. 4204. A letter from the Chairman, Council the Committee on Transportation and Infra- Mr. RAHALL: Committee on Natural Re- of the District of Columbia, transmitting structure. sources. H.R. 2489. A bill to authorize a com- District of Columbia Council: a copy of D.C. 4216. A letter from the Attorney-Advisor, prehensive national cooperative geospatial ACT 18-203, ‘‘District Residency RIF Protec- Department of Homeland Security, transmit- imagery mapping program through the tion Temporary Amendment Act of 2009’’, ting the Department’s final rule — Safety United States Geological Survey, to promote pursuant to D.C. Code section 1-233(c)(1); to Zone: Robert Moses Causeway Bridge State use of the program for education, workforce the Committee on Oversight and Govern- Boat Channel, Captree, New York [Docket training and development, and applied re- ment Reform. No.: USCG-2009-0755] (RIN: 1625-AA00) re- search, and to support Federal, State, tribal, 4205. A letter from the Chairman, Council ceived October 6, 2009, pursuant to 5 U.S.C. and local government programs; with amend- of the District of Columbia, transmitting 801(a)(1)(A); to the Committee on Transpor- ments (Rept. 111–309). Referred to the Com- District of Columbia Council: a copy of D.C. tation and Infrastructure. mittee of the Whole House on the State of ACT 18-202, ‘‘National Guard Morale, Welfare 4217. A letter from the Attorney-Advisor, the Union. and Recreation Act of 2009’’, pursuant to D.C. Department of Homeland Security, transmit- Mr. RAHALL: Committee on Natural Re- Code section 1-233(c)(1); to the Committee on ting the Department’s final rule — Safety sources. H.R. 715. A bill to expand the bound- Oversight and Government Reform. Zone; Cape Charles Tomato Festival Fire- ary of Saguaro National Park, to study addi- 4206. A letter from the Chairman, Council works Event, Chesapeake Bay, Cape Charles, tional land for future adjustments to the of the District of Columbia, transmitting VA [Docket No.: USCG-2009-0529] (RIN: 1625- boundary of the Park, and for other purposes District of Columbia Council: a copy of D.C. 0529] received October 6, 2009, pursuant to 5 (Rept. 111–310). Referred to the Committee of ACT 18-201, ‘‘Pension Vesting Amendment U.S.C. 801(a)(1)(A); to the Committee on the Whole House on the State of the Union. Act of 2009’’, pursuant to D.C. Code section 1- Transportation and Infrastructure. Ms. MATSUI: Committee on Rules. House 233(c)(1); to the Committee on Oversight and 4218. A letter from the Attorney-Advisor, Resolution 853. Resolution providing for con- Government Reform. Department of Homeland Security, transmit- sideration of the bill (H.R. 3619) to authorize 4207. A letter from the Chairman, Council ting the Department’s final rule — Safety appropriations for the Coast Guard for fiscal of the District of Columbia, transmitting Zone; San Clemente Island Northwest Harbor year 2010, and for other purposes (Rept. 111– District of Columbia Council: a copy of D.C. October and November Training; Northwest 311). Referred to the House Calendar. ACT 18-192, ‘‘Residential Aid Discount Sub- Harbor, San Clemente Island, CA [Docket sidy Stabilization Temporary Act of 2009’’, f No.: USCG-2009-0747] (RIN: 1625-AA00) re- pursuant to D.C. Code section 1-233(c)(1); to ceived October 6, 2009, pursuant to 5 U.S.C. the Committee on Oversight and Govern- PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Transpor- ment Reform. tation and Infrastructure. Under clause 2 of rule XII, public 4208. A letter from the Chairman, Council 4219. A letter from the Attorney-Advisor, bills and resolutions of the following of the District of Columbia, transmitting Department of Homeland Security, transmit- titles were introduced and severally re- District of Columbia Council: a copy of D.C. ting the Department’s final rule — Safety ferred, as follows: ACT 18-191, ‘‘Heat Wave Safety Temporary Zone; Naval Training October and November; Amendment Act of 2009’’, pursuant to D.C. By Mr. BROWN of South Carolina: San Clemente Island, CA [Docket No.: USCG- Code section 1-233(c)(1); to the Committee on H.R. 3885. A bill to direct the Secretary of 2009-0748] (RIN: 1625-AA00) received October Oversight and Government Reform. Veterans Affairs to carry out a pilot pro- 4209. A letter from the Chairman, Council 6, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to gram on dog training therapy; to the Com- of the District of Columbia, transmitting the Committee on Transportation and Infra- mittee on Veterans’ Affairs. District of Columbia Council: a copy of D.C. structure. By Mr. FILNER: ACT 18-190, ‘‘Loree H. Murray Way Designa- 4220. A letter from the Secretary, Depart- H.R. 3886. A bill to amend title 38, United tion Act of 2009’’, pursuant to D.C. Code sec- ment of Health and Human Services, trans- States Code, to authorize the Secretary of tion 1-233(c)(1); to the Committee on Over- mitting a draft of proposed legislation enti- Veterans Affairs to reimburse certain volun- sight and Government Reform. tled the ‘‘Multilateral Child Support Conven- teers who provide funeral honors details at 4210. A letter from the Secretary, Depart- tion Implemetation Act of 2009’’; jointly to the funerals of veterans; to the Committee ment of Health and Human Services, trans- the Committees on Ways and Means and the on Veterans’ Affairs. mitting a petition filed on behalf of workers Judiciary. By Mr. BLUNT (for himself, Mr. BAR- from Norton Company Worcester, Massachu- 4221. A letter from the Director, FEMA, TON of Texas, Mr. CAMP, Mr. KLINE of setts, to be added to the Special Exposure Department of Homeland Security, transmit- Minnesota, Mr. UPTON, and Mr. Cohort (SEC), pursuant to the Energy Em- ting the Department’s report on the Prelimi- WITTMAN): ployees Occupational Illness Compensation nary Damage Assessment information on H.R. 3887. A bill to amend the Employee Program Act of 2000; to the Committee on FEMA-1855-DR for the Commonwealth of Retirement Income Security Act of 1974, the the Judiciary. Kentucky; jointly to the Committees on Public Health Service Act, and the Internal 4211. A letter from the Secretary, Depart- Transportation and Infrastructure, Appro- Revenue Code of 1986 to improve health in- ment of Health and Human Services, trans- priations, and Homeland Security. surance coverage of dependents; to the Com- mitting a petition filed on behalf of workers f mittee on Energy and Commerce, and in ad- from Lake Ontario Ordnance Works in Niag- dition to the Committees on Ways and ara Falls, NY, to be added to the Special Ex- REPORTS OF COMMITTEES ON Means, and Education and Labor, for a pe- posure Cohort (SEC), pursuant to the Energy PUBLIC BILLS AND RESOLUTIONS riod to be subsequently determined by the Employees Occupational Illness Compensa- Under clause 2 of rule XIII, reports of Speaker, in each case for consideration of tion Program Act of 2000; to the Committee committees were delivered to the Clerk such provisions as fall within the jurisdic- on the Judiciary. tion of the committee concerned. 4212. A letter from the Assistant Attorney for printing and reference to the proper By Mr. FARR (for himself, Mr. BER- General, Department of Justice, transmit- calendar, as follows: MAN, Mr. BLUMENAUER, Mrs. CAPPS, ting the Department’s report on the Enforce- Mr. RAHALL: Committee on Natural Re- Mrs. CHRISTENSEN, Mrs. DAVIS of ment of Sex Offender Registration Require- sources. H.R. 1061. A bill to transfer certain California, Mr. DICKS, Mr. DOGGETT,

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Ms. ESHOO, Mr. FILNER, Mr. FRANK of poses; to the Committee on Energy and Com- H.R. 1402: Mr. SNYDER. Massachusetts, Mr. GRIJALVA, Ms. merce. H.R. 1430: Mr. SHIMKUS. HIRONO, Mr. HOLT, Mr. HONDA, Ms. By Mrs. EMERSON: H.R. 1479: Mr. DRIEHAUS and Ms. PINGREE of LEE of California, Ms. ZOE LOFGREN H.R. 3896. A bill to amend title XVIII of the Maine. of California, Mrs. MALONEY, Ms. Social Security Act to improve access to H.R. 1549: Mr. HALL of New York. MATSUI, Mr. MORAN of Virginia, Mr. health care for individuals residing in under- H.R. 1583: Mr. VAN HOLLEN and Mr. BAR- NADLER of New York, Mrs. served rural areas, and for other purposes; to ROW. NAPOLITANO, Mr. PALLONE, Mr. ROTH- the Committee on Energy and Commerce, H.R. 1670: Mr. THOMPSON of Pennsylvania. MAN of New Jersey, Mr. STARK, Mr. and in addition to the Committee on Ways H.R. 1751: Mr. BECERRA. THOMPSON of California, Mr. WAX- and Means, for a period to be subsequently H.R. 1766: Mr. CONNOLLY of Virginia, Mr. MAN, and Ms. WOOLSEY): determined by the Speaker, in each case for ISRAEL, Mr. DOGGETT, and Mr. SALAZAR. H.R. 3888. A bill to amend the Federal consideration of such provisions as fall with- H.R. 1816: Ms. SLAUGHTER. Water Pollution Control Act to establish na- in the jurisdiction of the committee con- H.R. 1831: Ms. DEGETTE, Mr. BARRETT of tional standards for discharges from cruise cerned. South Carolina, Mr. CONYERS, Mr. SOUDER, vessels; to the Committee on Transportation By Mr. GALLEGLY (for himself and and Mr. SNYDER. and Infrastructure. Mr. LAMBORN): H.R. 1835: Ms. SLAUGHTER. By Mr. BROUN of Georgia: H.R. 3897. A bill to amend section 12 of the H.R. 1849: Mr. LINDER, Mr. WATT, Ms. H.R. 3889. A bill to amend the Internal Rev- United States Housing Act of 1937 to treat DEGETTE, Mr. MCHENRY, Mr. LUJA´ N, Mrs. enue Code of 1986 to repeal the percentage income changes resulting from welfare pro- NAPOLITANO, Mr. ELLISON, Mrs. MCCARTHY of floor on medical expense deductions, expand gram requirements for families residing in New York, Mr. BLUMENAUER, and Mr. GON- the use of tax-preferred health care ac- housing receiving project-based subsidies ZALEZ. counts, and establish a charity care credit, under section 8 of such Act similarly to such H.R. 1894: Ms. SLAUGHTER. to amend the Social Security Act to create a changes for families residing in public hous- H.R. 1977: Mr. CARNEY. Medicare voucher program and reform ing or receiving tenant-based assistance H.R. 1978: Mr. HOLT. EMTALA requirements, and to amend Public under such section; to the Committee on Fi- H.R. 1992: Mr. HONDA. Health Service Act to provide for coopera- nancial Services. H.R. 2138: Mr. COURTNEY. tive governing of individual health insurance By Mr. LAMBORN (for himself, Mr. H.R. 2139: Mr. MOORE of Kansas. coverage offered in interstate commerce; to AKIN, Mr. AUSTRIA, Mrs. BACHMANN, H.R. 2149: Mr. GORDON of Tennessee. the Committee on Energy and Commerce, Mr. BARTLETT, Mr. BISHOP of Utah, H.R. 2246: Mr. DRIEHAUS and Mr. CAPUANO. and in addition to the Committees on Edu- Mrs. BLACKBURN, Mr. BROUN of Geor- H.R. 2254: Mr. KISSELL. cation and Labor, and Ways and Means, for a gia, Mr. BROWN of South Carolina, H.R. 2256: Mr. TURNER. period to be subsequently determined by the Mr. COFFMAN of Colorado, Mr. COLE, H.R. 2261: Mr. COHEN. Speaker, in each case for consideration of Mr. CONAWAY, Ms. FALLIN, Mr. H.R. 2262: Mr. BAIRD. such provisions as fall within the jurisdic- FORBES, Mr. FRANKS of Arizona, Mr. H.R. 2279: Ms. WASSERMAN SCHULTZ, Mr. tion of the committee concerned. DAVIS of Kentucky, Mr. GINGREY of MCNERNEY, Mr. JACKSON of Illinois, Mr. By Mr. KANJORSKI (for himself, Mr. Georgia, Mr. HARPER, Mr. HUNTER, SIRES, and Mr. LEWIS of Georgia. CAPUANO, Ms. KILROY, Mr. CLEAVER, Mr. SAM JOHNSON of Texas, Mr. JOR- H.R. 2377: Mr. FRANK of Massachusetts. and Ms. KOSMAS): DAN of Ohio, Mr. KING of Iowa, Mr. H.R. 2408: Ms. SUTTON and Mr. MCKEON. H.R. 3890. A bill to amend the Securities KLINE of Minnesota, Mr. LATTA, Mr. H.R. 2452: Mrs. DAHLKEMPER, Mrs. Exchange Act of 1934 to enhance oversight of MARCHANT, Mr. POSEY, and Mr. HALVORSON, Mr. BARROW, Ms. GIFFORDS, and nationally recognized statistical rating orga- WAMP): Mr. COSTELLO. nizations, and for other purposes; to the H. Res. 852. A resolution recognizing and H.R. 2459: Mrs. MALONEY. Committee on Financial Services. commending Biblica for contributions made H.R. 2477: Mr. SHADEGG, Mr. BILIRAKIS, and By Mr. BRADY of Pennsylvania: to the United States, and for other purposes; Mr. OLSON. H.R. 3891. A bill to improve research on to the Committee on Oversight and Govern- H.R. 2478: Mr. LATHAM. health hazards in housing, to enhance the ca- ment Reform. H.R. 2480: Mr. CUMMINGS and Mr. HALL of pacity of programs to reduce such hazards, New York. to require outreach, and for other purposes; f H.R. 2517: Mr. PRICE of North Carolina, Mr. to the Committee on Energy and Commerce, ADDITIONAL SPONSORS RYAN of Ohio, and Mr. COURTNEY. and in addition to the Committees on Finan- H.R. 2546: Mr. MCCLINTOCK, Mr. TEAGUE, cial Services, and Agriculture, for a period to Under clause 7 of rule XII, sponsors Mr. LANCE, Mr. CALVERT, Mr. CARNEY, Mr. be subsequently determined by the Speaker, were added to public bills and resolu- MOORE of Kansas, Mr. BROWN of South Caro- in each case for consideration of such provi- tions as follows: lina, Mrs. BLACKBURN, Mr. MINNICK, Mr. sions as fall within the jurisdiction of the H.R. 211: Mr. LATOURETTE and Mrs. JONES, Mrs. EMERSON, and Ms. JENKINS. committee concerned. NAPOLITANO. H.R. 2547: Mr. ROGERS of Kentucky. By Mr. BUTTERFIELD (for himself, H.R. 235: Ms. VELA´ ZQUEZ. H.R. 2548: Mr. KRATOVIL. Ms. FOXX, Mr. SHULER, Mr. COBLE, H.R. 303: Mr. HALL of Texas, Mr. SIRES, and H.R. 2567: Mr. MCNERNEY and Ms. SLAUGH- Mr. WATT, Mr. PRICE of North Caro- Mr. TIM MURPHY of Pennsylvania. TER. lina, Mr. ETHERIDGE, Mr. KISSELL, H.R. 444: Mr. SHULER. H.R. 2607: Mr. BLUNT. Mrs. MYRICK, Mr. JONES, Mr. MILLER H.R. 618: Mrs. NAPOLITANO. H.R. 2628: Mr. HIGGINS, Mr. SPACE, and Mr. of North Carolina, Mr. MCINTYRE, and H.R. 690: Ms. LINDA T. SA´ NCHEZ of Cali- BOREN. Mr. MCHENRY): fornia and Mr. FRELINGHUYSEN. H.R. 2681: Mr. FILNER. H.R. 3892. A bill to designate the facility of H.R. 745: Ms. PINGREE of Maine. H.R. 2739: Mr. HERGER. the United States Postal Service located at H.R. 795: Ms. MOORE of Wisconsin, Mr. H.R. 2819: Mr. PRICE of North Carolina. 101 West Highway 64 Bypass in Roper, North THOMPSON of Mississippi, and Mr. DAVIS of Il- H.R. 2866: Mr. PRICE of North Carolina and Carolina, as the ‘‘E.V. Wilkins Post Office’’; linois. Ms. BERKLEY. to the Committee on Oversight and Govern- H.R. 868: Mr. GRIJALVA, Mr. LANCE, and Ms. H.R. 3006: Ms. SUTTON. ment Reform. SHEA-PORTER. H.R. 3012: Ms. WATSON. By Mr. CASTLE: H.R. 916: Ms. SCHWARTZ and Mr. TONKO. H.R. 3017: Mr. DRIEHAUS. H.R. 3893. A bill to establish the First H.R. 930: Mr. RANGEL and Mrs. CAPPS. H.R. 3043: Mr. WELCH, Mr. BERRY, and Mr. State National Historical Park in the State H.R. 1086: Mr. BLUNT. GRIJALVA. of Delaware, and for other purposes; to the H.R. 1175: Mr. BUCHANAN. H.R. 3093: Mr. WOLF. Committee on Natural Resources. H.R. 1182: Mr. GOHMERT, Mr. MCGOVERN, H.R. 3156: Mr. CONYERS and Mr. MCGOVERN. By Mrs. DAHLKEMPER: Mr. ANDREWS, Mr. SMITH of WASHINGTON, Mr. H.R. 3217: Mr. KIRK. H.R. 3894. A bill to amend the Public HALL of New York, and Mr. WALZ. H.R. 3310: Mr. AUSTRIA. Health Service Act to authorize a commu- H.R. 1210: Ms. SLAUGHTER. H.R. 3380: Mr. BARTLETT, Ms. EDDIE BER- nity-based overweight and obesity preven- H.R. 1237: Mr. KILDEE. NICE JOHNSON of Texas, Mr. WU, Mr. HONDA, tion program; to the Committee on Energy H.R. 1255: Mr. ROONEY and Ms. SLAUGHTER. and Mr. BURTON of Indiana. and Commerce. H.R. 1278: Ms. FUDGE, Mr. MEEKS of New H.R. 3400: Mr. HUNTER. By Mrs. DAHLKEMPER: York, Ms. CORRINE BROWN of Florida, Mr. H.R. 3401: Mr. JACKSON of Illinois, Ms. H.R. 3895. A bill to authorize the Secretary MEEK of Florida, Mr. DAVIS of Illinois, and MOORE of Wisconsin, Ms. MATSUI, Ms. of Health and Human Services to conduct or Mr. THOMPSON of Mississippi. DELAURO, and Ms. BERKLEY. support research and demonstration projects H.R. 1283: Mr. SALAZAR. H.R. 3430: Mr. JACKSON of Illinois. on the use of financial and in-kind subsidies H.R. 1308: Ms. SCHAKOWSKY. H.R. 3472: Mr. MICHAUD, Mrs. DAVIS of Cali- and rewards to encourage individuals and H.R. 1326: Mr. HALL of New York and Mr. fornia, and Mr. MAFFEI. communities to promote wellness, adopt COURTNEY. H.R. 3486: Mr. TIBERI. healthy behaviors, and use evidence-based H.R. 1378: Mr. TURNER, Ms. SHEA-PORTER, H.R. 3487: Mr. PAYNE, Mr. BURTON of Indi- preventive health services, and for other pur- and Mr. WITTMAN. ana, and Ms. WOOLSEY.

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H.R. 3502: Ms. SUTTON and Mr. LARSEN of PASCRELL, Mr. RANGEL, Mr. HOLT, Ms. JACK- H. Res. 672: Mr. VAN HOLLEN. Washington. SON-LEE of Texas, Mr. MAFFEI, Ms. ROYBAL- H. Res. 700: Mr. BISHOP of New York and H.R. 3503: Ms. WOOLSEY and Mr. FILNER. ALLARD, Mr. GRAYSON, Ms. VELA´ ZQUEZ, Mr. Mr. GRIJALVA. H.R. 3524: Mr. COLE, Mr. POE of Texas, Mr. AL GREEN of Texas, Mr. BRALEY of Iowa, Ms. H. Res. 709: Mr. BUTTERFIELD. UPTON, Mr. ALEXANDER, Ms. MARKEY of Colo- SCHWARTZ, Mr. ARCURI, Ms. WATERS, Ms. H. Res. 736: Mr. PATRICK J. MURPHY of rado, and Mr. WITTMAN. CASTOR of Florida, Mr. WAXMAN, Ms. CHU, Pennsylvania, Mr. KANJORSKI, Mr. GUTHRIE, H.R. 3531: Mr. DELAHUNT. and Mr. CROWLEY. and Mr. CHANDLER. H.R. 3587: Mr. PETERS. H.R. 3745: Mr. HONDA and Mr. LARSON of H. Res. 747: Mr. MORAN of Virginia, Mr. H.R. 3596: Mr. JACKSON of Illinois, Mr. Connecticut. ISRAEL, Mr. REYES, and Mr. ROONEY. MCDERMOTT, and Mr. OLVER. H.R. 3749: Mr. WITTMAN. H.R. 3639: Mr. GRIJALVA, Ms. CHU, Ms. MAT- H.R. 3775: Mr. PRICE of Georgia and Mr. H. Res. 758: Ms. WATERS. SUI, Mr. MCGOVERN, Mr. WAXMAN, Mr. HENSARLING. H. Res. 777: Ms. TSONGAS. LANGEVIN, and Mr. OLVER. H.R. 3778: Mr. ACKERMAN. H. Res. 796: Mr. PAUL. H.R. 3652: Mrs. BLACKBURN, Mr. CASTLE, H.R. 3790: Mrs. MILLER of Michigan, Mr. H. Res. 801: Mr. LEWIS of Georgia and Ms. Mr. MORAN of Virginia, and Mr. ETHERIDGE. HALL of Texas, Mr. LINCOLN DIAZ-BALART of EDDIE BERNICE JOHNSON of Texas. H.R. 3667: Mr. ROONEY, Mr. BOYD, Mr. BILI- Florida, Mr. WITTMAN, Mr. PUTNAM, and Mr. H. Res. 840: Mrs. BACHMANN and Mr. RAKIS, Ms. CORRINE BROWN of Florida, Mr. MICHAUD. LAMBORN. H.R. 3791: Ms. PINGREE of Maine. BUCHANAN, Ms. CASTOR of Florida, Mr. LIN- H. Res. 841: Mr. PLATTS, Mr. WHITFIELD, H.R. 3799: Mr. PAYNE. COLN DIAZ-BALART of Florida, Mr. MARIO and Mr. MORAN of Virginia. H.R. 3810: Ms. SUTTON, Mr. REYES, Mr. DIAZ-BALART of Florida, Mr. HASTINGS of GRIJALVA, Mr. GENE GREEN of Texas, Mr. H. Res. 847: Mr. MCKEON, Mrs. BLACKBURN, Florida, Mr. WEXLER, Ms. KOSMAS, Mr. MACK, KANJORSKI, and Mr. FATTAH. Mr. ROONEY, Mr. BISHOP of Utah, Mr. INGLIS, Mr. MEEK of Florida, Mr. MICA, Mr. MILLER H.R. 3827: Mr. GRIJALVA. Mr. DENT, Mr. BOUSTANY, Mr. CONAWAY, Mr. of Florida, Mr. POSEY, Mr. PUTNAM, Ms. ROS- H.R. 3855: Ms. ROYBAL-ALLARD, Mr. BARTLETT, Mr. ALEXANDER, Mr. LINCOLN LEHTINEN, Mr. STEARNS, Ms. WASSERMAN GRIJALVA, Mr. CLAY, Mr. CUELLAR, Mr. GENE DIAZ-BALART of Florida, Mr. PAULSEN, Mr. SCHULTZ, and Mr. YOUNG of Florida. GREEN of Texas, Mr. GUTIERREZ, Mr. ADERHOLT, Mr. WILSON of South Carolina, H.R. 3669: Mr. HARE. HINOJOSA, Mr. LUJA´ N, Mrs. NAPOLITANO, Mr. Mr. ROGERS of Alabama, Mr. FLEMING, Mr. H.R. 3670: Mr. WITTMAN. ORTIZ, Mr. PIERLUISI, Mr. REYES, Mr. SCHOCK, Mr. COFFMAN of Colorado, Mr. HELL- H.R. 3672: Mr. MCMAHON. RODRIGUEZ, Mr. SIRES, and Ms. VELA´ ZQUEZ. ER, Mr. LUETKEMEYER, Mr. HUNTER, Mr. H.R. 3691: Mr. GUTHRIE, Mr. ROGERS of H. Con. Res. 42: Mr. SCOTT of Virginia, Mr. GRAVES, Mr. BILIRAKIS, Mr. EHLERS, Mr. Michigan, Mrs. BIGGERT, Mr. GINGREY of FATTAH, Mr. BISHOP of Georgia, Mr. SHULER, Mr. WAMP, Mr. TIM MURPHY of Georgia, Mrs. EMERSON, Ms. ROS-LEHTINEN, HINOJOSA, and Mrs. CHRISTENSEN. Pennsylvania, Mr. TAYLOR, Mr. Mr. HERGER, Mr. LINDER, Mr. NUNES, and Mr. H. Con. Res. 43: Mr. BISHOP of Georgia, Mr. FORTENBERRY, Mrs. MCMORRIS RODGERS, Mr. DAVIS of Kentucky. FATTAH, Mr. HINOJOSA, Mrs. CHRISTENSEN, BROUN of Georgia, Mr. MILLER of Florida, H.R. 3696: Mr. ADERHOLT. and Mr. SCOTT of Virginia. Mr. MORAN of Kansas, Mr. REICHERT, Mr. H.R. 3699: Ms. VELA´ ZQUEZ. H. Con. Res. 67: Mr. THOMPSON of Mis- POSEY, Mr. AUSTRIA, Mr. GUTHRIE, Mr. GER- H.R. 3703: Mr. LEE of New York, Mrs. sissippi, Ms. FUDGE, Ms. NORTON, Mr. MEEKS LACH, Mr. CRENSHAW, Mr. HARPER, Mr. MALONEY, and Mr. COURTNEY. of New York, Ms. CORRINE BROWN of Florida, MCHENRY, Mr. BRADY of Texas, Mr. MCCAUL, H.R. 3706: Mr. SAM JOHNSON of Texas, Mr. Mr. MEEK of Florida, and Mr. DAVIS of Illi- Mr. NEUGEBAUER, Mr. SAM JOHNSON of Texas, CULBERSON, and Mr. PITTS. nois. Mr. THORNBERRY, Mr. FRANKS of Arizona, H.R. 3710: Ms. DEGETTE. H. Con. Res. 73: Mr. FALEOMAVAEGA. Mrs. MILLER of Michigan, Mr. UPTON, Mr. H.R. 3712: Mr. TONKO, Mr. WITTMAN, and H. Con. Res. 168: Mr. CONNOLLY of Virginia. FLAKE, Mr. KUCINICH, Mr. MCCOTTER, and Mr. Mr. RUPPERSBERGER. H. Res. 89: Mr. ROONEY and Mr. PETERS. KING of Iowa. H.R. 3715: Mr. DAVIS of Alabama, Mr. H. Res. 150: Ms. FUDGE, Ms. NORTON, Ms. H. Res. 848: Mr. ALEXANDER. EHLERS, and Mr. RYAN of Ohio. CORRINE BROWN of Florida, Mr. MEEK of Flor- H.R. 3721: Mr. MASSA and Mr. GENE GREEN ida, Mr. DAVIS of Illinois, and Mr. COOPER. of Texas. H. Res. 577: Mr. EHLERS, Mr. LIPINSKI, Mr. f H.R. 3723: Mr. LARSEN of Washington. BOOZMAN, Mr. OBERSTAR, Mr. WOLF, Mr. H.R. 3728: Ms. WATSON. SMITH of New Jersey, Mr. BOUSTANY, Mr. AL- DELETIONS OF SPONSORS FROM H.R. 3731: Ms. LEE of California and Mr. EXANDER, Mr. CASSIDY, Mr. SENSENBRENNER, PUBLIC BILLS AND RESOLUTIONS DAVIS of Illinois. Mr. CAO, Mr. LATTA, Mr. GARRETT of New ´ H.R. 3734: Mr. BACA, Mr. LUJAN, Mrs. Jersey, Mrs. KIRKPATRICK of Arizona, Mr. Under clause 7 of rule XII, sponsors NAPOLITANO, Mr. REYES, Mr. GONZALEZ, Mr. WHITFIELD, Mr. BLUNT, Mrs. BONO MACK, and were deleted from public bills and reso- GENE GREEN of Texas, Mr. ORTIZ, Ms. Mr. SULLIVAN. lutions as follows: WASSERMAN SCHULTZ, Mr. YARMUTH, Mr. H. Res. 613: Mr. HALL of New York. HARE, Mr. BRADY of Pennsylvania, Mr. PAT- H. Res. 648: Mr. MCNERNEY and Mr. H.R. 676: Mr. MEEK of Florida. RICK J. MURPHY of Pennsylvania, Mr. FALEOMAVAEGA. H.R. 3012: Mr. MEEK of Florida.

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Vol. 155 WASHINGTON, WEDNESDAY, OCTOBER 21, 2009 No. 153 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JEFF MERKLEY, a Sen- COMMENDING SENATOR JOHN called to order by the Honorable JEFF ator from the State of Oregon, to perform KERRY the duties of the Chair. MERKLEY, a Senator from the State of Mr. REID. Mr. President, the prayer Oregon. ROBERT C. BYRD, President pro tempore. of the Chaplain today was right on point for something that has taken Mr. MERKLEY thereupon assumed PRAYER place in the last 3 or 4 days. In Afghan- the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- istan, we are at a critical juncture. For pore. fered the following prayer: Afghanistan to move forward and win Let us pray. f the fight against the Taliban, the coun- O Lord, God of hosts, thank You for try must have a legitimate govern- making Yourself known to us in the ra- RECOGNITION OF THE MAJORITY ment. The first round of elections in Af- diant lives of men and women. We are LEADER inspired by the acts of sacrifice and ghanistan was tainted by allegations of service that we witness each day on The ACTING PRESIDENT pro tem- significant fraud, and we faced the pos- Capitol Hill. Thank You for the labor pore. The majority leader is recog- sibility of a potential political crisis in of our lawmakers. May they seek to nized. Afghanistan. I am pleased President give their best ability to the people’s Karzai has recognized the need for a f good, rising above bitterness by an runoff election. The reason I mention sacrifice and unshakable faith in the unstoppable SCHEDULE power of Your providence. So may they service is in relation to Senator JOHN KERRY. If you look at his life, it has be Your obedient servants who shall Mr. REID. Mr. President, following been one of sacrifice, it has been one of not become discouraged by the inevi- leader remarks, there will be a period service to our country—whether in the table setbacks they encounter. May of morning business for 2 hours, with jungles of Vietnam, where he was they also commit their way to You, Senators permitted to speak for up to wounded three times and received a put their trust in You, and know that 10 minutes each. The Republicans will control the first hour and the majority Silver Star for his heroism, or whether You will bring to pass what is best. it was in his capacity as the Demo- We pray in Your Holy Name. Amen. will control the second hour. Following morning business, the Sen- cratic nominee for President or wheth- f ate will proceed to executive session to er it has been as chairman of the For- consider the nomination of Roberto eign Relations Committee. PLEDGE OF ALLEGIANCE He took off for Afghanistan and Lange to be a U.S. district judge for The Honorable JEFF MERKLEY led the Pakistan at a time when he was badly the District of South Dakota. Under an Pledge of Allegiance, as follows: needed. I missed him here. We had agreement reached last night, debate some votes I wish JOHN KERRY could I pledge allegiance to the Flag of the on the nomination will be limited to 2 United States of America, and to the Repub- have been here for. I told him that lic for which it stands, one nation under God, hours, equally divided and controlled when he called me. But he explained indivisible, with liberty and justice for all. between Senators LEAHY and SESSIONS what he was doing there, and imme- or their designees. At 2 p.m., the Sen- f diately upon his hanging up, I received ate will proceed to vote on confirma- a call from Secretary of State Hillary APPOINTMENT OF ACTING tion of the nomination. Clinton, saying: He is doing extremely PRESIDENT PRO TEMPORE Upon disposition of the Lange nomi- good work there. Don’t be upset at him The PRESIDING OFFICER. The nation, Senators should be prepared to because he can’t be here because what clerk will please read a communication vote on the motion to invoke cloture he is doing in Afghanistan is something to the Senate from the President pro on the motion to proceed to S. 1776, the that is vitally important to not only Medicare Physician Fairness Act. tempore (Mr. BYRD). our country but to the world. The assistant legislative clerk read Last night, I filed cloture on the con- That sacrifice and that service—and the following letter: ference report to accompany the De- also the Chaplain mentioned labor— partment of Defense Authorization Act this man worked very hard. He has la- U.S. SENATE, and on the nomination of William Ses- bored, as chairman of this Foreign Re- PRESIDENT PRO TEMPORE, Washington, DC, October 21, 2009. sions to be Chair of the U.S. Sen- lations Committee, as I have never To the Senate: tencing Commission. Senators will be seen. He has been so involved in what Under the provisions of rule I, paragraph 3, notified when these votes are sched- is going on there. Not only is he deal- of the Standing Rules of the Senate, I hereby uled. ing with the issues we see every day—

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

S10587

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VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.000 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10588 CONGRESSIONAL RECORD — SENATE October 21, 2009 Afghanistan, Pakistan, North Korea, goals. That is why, over the past few experiment in health care that would with what is going on on the continent months, two very different approaches expand government spending even of Africa—he is involved in global to reform have come into view. more. Now Democrats in Congress are warming because of the treaty implica- For most Democrats, reform seems proposing that we put another $1/4 tril- tions of the treaty we are trying to ne- to come in a single form: a vast expan- lion on the government charge card in gotiate in Copenhagen in December. sion of government, detailed in com- order to prevent a cut in the reim- I am extremely impressed with Sen- plicated, 1,000-page bills, costing tril- bursement rate to doctors who treat ator KERRY always but especially in lions. The only thing that is clear Medicare patients. the last few days. As chairman of the about the Democratic plans are the ba- All of us want to keep this cut from Foreign Relations Committee, he has sics: They cost about $1 trillion, they happening, but the American people played a central role in resolving the increase premiums, raise taxes, and don’t want us to borrow another cent crisis in Afghanistan. slash Medicare. to pay for it, and they don’t want As many have read in the news, he In short, they include a lot of things Democrats in Congress to pretend that had been trying to persuade President Americans did not ask for and do not this $1⁄4 trillion isn’t part of the cost of Karzai that a second round of elections want, and they include very few of the health care reform because it is. It is was necessary—and they were nec- things Americans thought they were also a clear violation of the President’s essary. If you read the press today, it going to get. pledge that health care reform was a touch-and-go thing. It was not What was supposed to be an exercise wouldn’t add a single dime to the def- until President Karzai and Senator in smart, bipartisan, commonsense re- icit over the next decade. In fact, if KERRY took a walk together to talk forms that cut costs and increased ac- Democrats have their way, this bill about what is going on in that part of cess somehow became an exercise in would add nearly 2.5 trillion dimes to the world that the decision was made government expansion that promises to the national debt. Well, the American by President Karzai that he would go raise costs, raise premiums, and slash people have a message for Democrats along with the second election. Medicare for seniors. For Democrats in in Congress: The time to get our fiscal Senator KERRY has worked closely Congress, the original purpose of re- house in order is not tomorrow, it is with our diplomatic team, including form seems to have been blurred. not next year, it is now—right now. Republicans have taken a different Ambassador Eikenberry; Secretary Last week, 10 Democratic Senators approach. We agreed at the outset that Clinton; our National Security Adviser, sent a letter to the majority leader reform was needed. But in our view, General Jones; and others to send a outlining some of the problems that those reforms would not necessarily clear message to President Karzai. can be expected to result from our cost a lot of money, would not add to We all know the situation in Afghan- record deficit and debts. They pointed the debt, and would not expand the istan remains fragile and that there out that each American’s share of to- government. will still be many steps needed to be day’s debt is more than $38,000, that Instead of a massive government- taken so we have a credible and legiti- long-term deficits will lead to higher driven experiment, Republicans have mate government in Kabul. But I be- interest rates and inflation, and all offered commonsense, step-by-step so- lieve very sincerely Senator KERRY this debt threatens to weaken not only lutions to the problems of cost and ac- played a pivotal role in preventing a our basic standard of living but also cess—things such as medical liability crisis in Afghanistan and that his work our national security. Then they make reform, which would save tens of bil- has not only stabilized Afghanistan but an urgent plea. They called on their lions of dollars and increase access to the entire region. party to do something to deal with care; needed insurance reforms that I suggest the absence of a quorum. these urgent fiscal realities. The ACTING PRESIDENT pro tem- would increase access and lower costs; and prevention and wellness programs, Well, they shouldn’t hold their pore. The clerk will call the roll. breath because instead of addressing The assistant legislative clerk pro- such as the ones that have been so suc- these urgent issues, a handful of top ceeded to call the roll. cessful in bending the cost curve in the Democrats are pressing forward behind Mr. MCCONNELL. Mr. President, I right direction—which is downward—at closed doors with a health care plan ask unanimous consent that the order major businesses such as Safeway. that, once fully implemented, and in- for the quorum call be rescinded. Here were the two approaches to re- cluding the physician reimbursement The ACTING PRESIDENT pro tem- form. Well, the American people looked issue, would cost more than $2 trillion. pore. Without objection, it is so or- at these two approaches and they made dered. their choice. All summer long, we It is hard to imagine, but if the his- tory of government entitlement pro- f watched as ordinary Americans reacted to the administration’s plan to put grams is any guide, then these esti- RECOGNITION OF THE MINORITY government between individuals and mates are almost certainly on the con- LEADER their health care and to pay for it with servative side. History shows these The ACTING PRESIDENT pro tem- higher premiums, higher taxes, and kinds of programs almost never come pore. The Republican leader is recog- Medicare cuts in the middle of a reces- in under cost. Consider just a few ex- nized. sion. amples: At the time that Medicare Part A was created, it was estimated f Americans rejected the idea of a vast, new experiment to reorder their health that costs for hospital services and re- HEALTH CARE WEEK XIV, DAY III care and nearly one-fifth of the econ- lated administration for the year 1990 Mr. MCCONNELL. Mr. President, omy in a single, stunning move. They would run about $9 billion. The actual over the last several months, law- know the stakes are too high. Last Fri- cost was seven times that amount. makers in Washington have been en- day, the Treasury Department an- Medicare Part B, a program that cov- gaged in a serious and wide-ranging de- nounced the government ran a deficit, ers physician services, was expected to bate about the fate of our Nation’s in the fiscal year that just ended, of run on $500 million a year from general health care system. It is a debate that more than three times the previous tax revenues, along with a $3 monthly grew out of a recognition that while record. premium. Last year, the program was America may have the best health care The national debt is nearly $12 tril- funded through nearly $150 billion in in the world, the cost of care is too lion. It is expected to grow by another Federal revenue. high and too many lack insurance. $9 trillion over the next 10 years. Medi- As I say, these are just a few exam- This much was never in dispute. care and Medicaid cost the Federal ples, but they illustrate a larger point There is not a single Member of Con- Government nearly $700 billion a that can’t be ignored. The nature of gress from either party who does not year—a cost that is expected to double government entitlements is such that want to solve these problems. That is in 10 years. These numbers are like they only get bigger with time. The es- why the disagreements we have had nothing we have ever seen. Yet in the timates we are getting have to be have arisen not over the ends but over midst of all this, the administration is viewed in light of past experience, and the means of achieving these common proposing that we conduct a $1 trillion past experience isn’t encouraging.

VerDate Nov 24 2008 01:20 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.001 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10589 Several months into this debate, it is vided and controlled between the two have just done that, then maybe the easy to forget that at the outset every- leaders or their designees, with the Re- patient would have been all right. So one seemed to agree—at the outset of publicans controlling the first half and as a result, defensive medicine results this debate on health care everyone the majority controlling the final half. in hundreds of billions of dollars of ex- seemed to agree—on two things: that Mr. KYL. Mr. President, I had pro- penses every year. health care reforms were needed and pounded a unanimous consent request. In fact, a 2005 survey published in the any reform would have to lower overall Has that been agreed to? Journal of the American Medical Asso- health care costs. We all agreed on The ACTING PRESIDENT pro tem- ciation found that 92 percent of the that. Yet the evidence suggests that pore. It has been. doctors said they had, indeed, made un- the bill Senate Democrats and White Mr. KYL. Thank you, Mr. President. necessary referrals or ordered unneces- House officials are carving up in pri- f sary tests just to shield themselves vate would do just the opposite. It HEALTH CARE REFORM from this liability. How much does this would actually increase costs, it would potentially cost? I said hundreds of bil- increase premiums, raise taxes, and Mr. KYL. Mr. President, I wish to lions. Well, let me cite two studies. slash Medicare. That is not reform. talk this morning about the same All of the studies I have seen are Americans are concerned about the health care issue the Senator from roughly within the same ballpark. direction in which we are headed: Kentucky just addressed. I think Re- They differ just a little bit. For exam- record debts, record deficits, endless publicans have always had a lot of very ple, Sally Pipes, who is president of the borrowing, and yet every day we hear good alternatives to deal with two crit- Pacific Research Institute, found that of more plans to borrow and spend, bor- ical problems: No. 1, the rising costs of defensive medicine costs $214 billion a row and spend. Americans don’t want health care and, secondly, the problem year. A new study by Pricewaterhouse- the same kind of denial, delay, and ra- of some uninsured in this country Coopers reveals similar findings, peg- tioning of care they have seen in coun- needing help to get that insurance. Un- ging the cost at $239 billion per year. tries that have followed the path of fortunately, our ideas have not been in- Well, $214 billion, $239 billion, we can government-driven health care for all. cluded in the legislation passed by the quibble about the amount; it is not in- They are perplexed that in the midst of committees. In fact, when we have of- significant. So when we are talking a terrible recession, near 10 percent un- fered amendments to propose these al- about well over $200 billion a year in employment, massive Federal debt, ternative ideas, they have been re- defensive medicine, we know there is a and a deficit that rivals the deficits of jected. big amount of money to be saved, and One of the primary ways we know we the last 4 years combined, the White we could pass those savings on to the can reduce costs is through the mecha- House would move ahead with a mas- consumers of health care. nism of medical malpractice reform. sive expansion of government health Yesterday I cited the statistics from That deals with the problem of the care. They are telling us that common Arizona and Texas where both States jackpot justice system that currently sense, step-by-step reforms are the bet- have implemented medical liability re- is abused by trial lawyers where they ter, wiser, and more fiscally respon- forms of different kinds, but both file lawsuits, they get big recoveries or sible way to go. States have found significant reduc- they force settlements, and the net re- This is the message I have delivered tions in insurance premiums for physi- sult is two things which I spoke about nearly every day on the Senate floor cians, fewer malpractice cases filed, yesterday. since the first week of June because, in and, in the case of Texas, an infusion of my view, it is the message the Amer- First of all, liability insurance pre- miums for physicians now consume a remarkable number of physicians ican people have been sending us. into Texas because it is a more benign Mr. President, I yield the floor. about 10 cents for every health care dollar spent. If we had medical mal- environment now in which to practice The ACTING PRESIDENT pro tem- their profession. pore. The Senator from Arizona. practice reform, we could reduce that. We wouldn’t, obviously, get rid of it, The reason I mention all of this is we f but the cost for physicians would be have been talking about this for months now and not one of the Demo- ORDER OF PROCEDURE significantly less. For example, we know some special- cratic bills contains medical mal- Mr. KYL. Mr. President, I ask unani- ties, such as obstetrics, neurosurgery, practice reform. The reason is clear. mous consent that the time controlled and some others, including anesthesi- Democrats are frequently supported by by the Republican side be allocated as ology, for example, will frequently trial lawyers, and trial lawyers don’t follows: Senator KYL, 10 minutes; Sen- have annual liability premiums in the like medical malpractice reform. That ator ALEXANDER, 10 minutes; Senator range of $200,000. That, obviously, is a is how they make a lot of money, so GREGG, 10 minutes; Senator WICKER, 10 cost that is passed on. When they bill they don’t want to see the reform. We minutes; and Senator LEMIEUX, 20 min- patients, they have to cover the cost of ought to reform the system for the utes. their medical malpractice insurance. benefit of our constituents rather than The ACTING PRESIDENT pro tem- I mentioned yesterday a study by the to not do it in order to help trial law- pore. Without objection, it is so or- former president of the American yers. dered. Academy of Orthopedic Surgeons, Dr. Again, the reason I mention this is Mr. KYL. Mr. President, I ask the Stuart Weinstein. He has written about because a bill we are going to be taking Chair to please inform me when I have the extra cost of delivering a baby be- up later today, the so-called ‘‘doc consumed 9 minutes since I don’t want cause, he said, if a doctor delivers 100 fix’’—and that is a very bad name for to go over my time. babies a year and pays $200,000 for med- it—is a bill that would deal with the f ical liability insurance, $2,000 of the de- formula under which doctors are com- pensated for Medicare. One of the RESERVATION OF LEADER TIME livery cost for each baby goes to pay the cost of the medical liability pre- things that has been reported in news- The ACTING PRESIDENT pro tem- mium. So we could reduce by $2,000 the papers is that the American Medical pore. Under the previous order, leader- cost of delivering a baby if we were Association will not push for medical ship time is reserved. able to pass meaningful medical liabil- malpractice reform if they are able to f ity insurance reform. get this bill passed. I find that to be a The even bigger cost is defensive very troubling fact because all of the MORNING BUSINESS medicine—the kinds of things doctors physicians I know realize we need med- The ACTING PRESIDENT pro tem- do, not because they are necessary to ical malpractice reform. pore. Under the previous order, there take care of their patients, but because Here is how the Washington Post edi- will now be a period of morning busi- if they don’t do them they might get torialized it yesterday morning, and I ness for 2 hours with Senators per- sued and some expert will claim they am quoting: mitted to speak therein for up to 10 should have had this extra test or done The so-called ‘‘doc fix’’ is being rushed to minutes each, with the time equally di- this extra procedure; and if they would the Senate floor this week in advance of

VerDate Nov 24 2008 01:20 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.003 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10590 CONGRESSIONAL RECORD — SENATE October 21, 2009 health reform not because it has nothing to The President’s approach is, well, sons known to be active in their oppo- do with health reform, but because it has ev- let’s have a study about it. Let’s sition to our administration.’’ Mr. erything to do with it. The political impera- maybe have a demonstration project. Dean said he thought the administra- tive is twofold: To make certain that Repub- We have some demonstration projects. tion should ‘‘maximize our incumbency licans don’t use the physician payment issue . . . [or] to put it more bluntly’’—and I to bring down the larger bill— One of them is Arizona and one of them is Texas, and they demonstrate that it am using his quotes—‘‘use the avail- That is because of the fact that it works. Since the Federal Government able Federal machinery to screw our would add to the deficit— has to pay about half of all of the cost political enemies.’’ and to placate the American Medical Asso- of health care in the country because On Colson’s list of 20 people were CBS ciation. of Medicare, Medicaid, and veterans correspondent Dan Schorr, Washington The concern I have is that it doesn’t care and so on, the Congressional Star columnist Mary McGrory, Leon- help the physicians. All this legislation Budget Office says we, the Federal ard Woodcock, the head of the United does is to say that the formula which Government, could save ourselves $54 Auto Workers, John Conyers, a Demo- has been in effect since 1997, but never billion if we had meaningful medical cratic Congressman from Michigan, adhered to by the Congress, will not be malpractice reform. We could expect Edwin Guthman, managing editor of the formula that goes forward in the the same amount for the private sec- the Los Angeles Times, and several future, but it doesn’t fix the payment tor. prominent businessmen, such as How- problem. Every year, because the for- The bottom line is, the bill we are ard Stein of the Dreyfus Corporation, mula would result in huge cuts to phy- going to be voting on later today Arnold Picker, vice president of United sicians who take care of Medicare pa- doesn’t solve any problem. It does not Artists. The New York Times and the tients—and everybody agrees that is a help the physicians. One way we can Washington Post were made out to be bad thing—we say we are not going to help not just physicians but patients enemies of the Republic. Make no mistake, politics was not pay attention to the formula. We are by reducing their cost of care is accept- such a gentlemanly affair in those days going to raise the doctors’ reimburse- ing some of the Republican alternative either. After Barry Goldwater won the ments by a percentage point or a half ideas that have been proposed, starting Presidential nomination in 1964, Daniel percent or some modest amount. with medical liability reform. Schorr had told CBS viewers that Gold- All this legislation does is to freeze Mr. President, I yield the floor to the water had ‘‘travel[led] to Germany to physician payments for 10 years—to Senator from Tennessee. join up with the right wing there’’ and freeze them—zero; not even any kind of The ACTING PRESIDENT pro tem- ‘‘visit[ed] Hitler’s old stomping cost-of-living increase. I guarantee pore. The Senator from Tennessee. ground.’’ Schorr later corrected that that after 10 years, physicians not get- f ting any kind of an increase at all are on the air. What was different about going to be hurting. NO ENEMIES LIST Colson and Dean’s effort, though, was I know what is going to happen, Mr. ALEXANDER. Mr. President, in the open declaration of war upon any- which is that physicians and groups 1969 and during the first half of 1970, I one who seemed to disagree with ad- such as the American Medical Associa- was a wet-behind-the-ears, 29-year-old ministration policies. Colson later ex- tion will have to come back to Con- staff aide in the West Wing of the panded his list to include hundreds of gress every year and say they need to Nixon White House. I was working for people, including Joe Namath, John have some kind of a modest increase. the wisest man in that White House Lennon, Carol Channing, Gregory Republicans want to be able to offer whose name was Bryce Harlow. He was Peck, the St. Louis Post-Dispatch, amendments on this legislation to pro- a friend of President Johnson, as well Congressional Black Caucus, Alabama vide for such modest increases. Inci- as the favorite staff member of Presi- Governor George Wallace. All this dentally, those modest increases would dent Eisenhower and President Nixon’s came out during the Watergate hear- be offset—that is to say, the cost to the first appointee. ings. You could see an administration government would be offset—so that Based upon that experience and my spiraling downwards, and, of course, we we wouldn’t be adding to the deficit. It 40 years since then in and out of public all know where that led. The only reason I mention this is be- is very clear there is no new formula in life, I want to make what I hope will be cause I have an uneasy feeling only 10 place, no new formula has been pro- taken as a friendly suggestion to Presi- months into this new administration posed, so this legislation doesn’t solve dent Obama and his White House, and that we are beginning to see the symp- the problem. It simply says, well, we it is this: Don’t create an enemies list. toms of this same kind of animus de- are not going to adhere to the formula As I was leaving the White House in veloping in the Obama administration. in the future. Big deal. We have never 1970, Mr. Harlow was heading out on According to Politico, the White adhered to it in the past. We are never the campaign plane with Vice Presi- House plans to ‘‘neuter the United going to adhere to it because it makes dent Spiro Agnew, whose job was to States Chamber of Commerce,’’ an or- no sense. Everybody agrees with that. vilify Democrats and to help elect Re- ganization with members in almost So what do we get out of this? Nothing. publicans. The Vice President had the every major community in America. A freeze for 10 years is not a solution help of talented young speechwriters, The chamber had supported the Presi- to the problem. the late Bill Safire and Pat Buchanan. dent’s stimulus package and defended I hope physicians don’t see this as a In Memphis, he called Albert Gore, Sr., some of his early appointments, but solution as a result of, as I said, this the ‘‘southern regional chairman of the has problems with his health care and having been reported in some of the eastern liberal establishment,’’ and climate change proposals. media, so that they will decide not to then the Vice President labeled the in- The Department of Health and push for medical malpractice reform creasingly negative news media as Human Services imposed a gag order because physicians know how impor- ‘‘nattering nabobs of negativism.’’ on a large health care company, tant that is. I have just talked about These phrases have become part of Humana, that had warned its Medicare how important it is. our political lore. They began playfully Advantage customers that their bene- We need solutions to problems. One enough, in the back and forth of polit- fits might be reduced in Democratic of the problems is we have increases in ical election combat. But after I had health care proposals—a piece of infor- the costs of providing health care. One come home to Tennessee, they esca- mation that is perfectly true. This gag solution to that—and we are talking lated into something more. They even- order was lifted only after the Repub- about well over a couple of hundred bil- tually emerged into the Nixon’s en- lican leader, Senator MCCONNELL of lion dollars, as I indicated, from the emies list. Kentucky, said he would block any fu- studies I cited a moment ago. One solu- In 1971, Chuck Colson, who was then ture nominees to the Department until tion to that is to tackle this problem of a member of President Nixon’s staff the matter was righted. medical liability reform. Some States, and today is admired for his decades of The White House communications di- probably about four or five, have done selfless work in prison reform, pre- rector recently announced that the ad- this, and they have demonstrated it sented to John Dean, the White House ministration would treat a major tele- can work. Counsel, a list of what he called ‘‘per- vision network, FOX News, as ‘‘part of

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.004 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10591 the opposition.’’ On Sunday, White This administration is only 10 geous—there is no better word for it— House officials were all over talk shows months old. It is not too late to take a in advocating paying teachers more for urging other news organizations to different approach, both at the White teaching well and expanding the num- boycott Fox and not pick up any of its House and in Congress. And here is one ber of charter schools. These ideas are stories. Those stories, for example, opportunity: At the beginning of the the Holy Grail for school reform. They would include the video that two ama- year, shortly after the President’s in- are also ideas that are anathema to the teur filmmakers made of ACORN rep- auguration, the Republican leader, labor unions who support the Presi- resentatives explaining how to open a Senator MCCONNELL, addressed the Na- dent. President Obama’s advocacy of brothel. That is a story other media tional Press Club. He proposed that he master teachers and charter schools managed to ignore until almost a week and the President work together to could be the domestic equivalent of after Congress decided to cut ACORN’s make Social Security solvent. President Nixon going to China. I, funding. Senator MCCONNELL said he would among others, admire that advocacy The President himself has not make sure the President got more sup- and have been doing all I can to help stopped blaming banks and investment port in that effort from Republicans him. houses for the financial meltdown, than President George W. Bush got Having once been there, I can under- even as it has become clear that Con- from Democrats when he tried to solve stand how those in the White House gress played a huge role, too, by en- the same problem. feel oppressed by those with whom couraging Americans to borrow money President Obama held a summit on they disagree; how they feel besieged for houses they could not afford. The the dangers of runaway costs of enti- by some of the media. I hope the cur- President was ‘‘taking names’’ of bond- tlements. I was invited and attended. rent White House occupants will under- holders who resisted the General Mo- Every expert there said making Social stand that this is nothing new in Amer- tors and Chrysler bailouts. Insurance Security solvent is essential to our ican politics—all the way back to the companies, once allies of the Obama country’s fiscal stability. There is still days when John Adams and Thomas health care proposal, have suddenly be- time to get that done. Jefferson exchanged insults. The only come the source of all of its problems Or on clean energy, Republicans have thing new is today there are multiple because they pointed out—again cor- put forward four ideas—build 100 nu- media outlets reporting and encour- clear plants in 20 years, electrify half rectly—that if Congress taxes insur- aging the insults 24 hours a day. ance premiums and restricts coverage our cars and trucks in 20 years, explore As any veteran of the Nixon White to those who are sicker and older, the offshore for low-carbon natural gas and House can attest, we have been down cost of premiums for millions of Amer- for oil, and double energy research and this road before, and it will not end icans is likely to go up instead of down. development for alternative fuels. The well. An enemies list only denigrates Because of that insubordination, the administration agrees with this on the Presidency and the Republic itself. President and his allies have threat- electric cars and on research and devel- Forty years ago, Bryce Harlow would ened to take away the insurance com- opment. We may not be so far apart on say to me: Now, Lamar, remember that panies’ antitrust exemption. offshore exploration. At his town meet- our job here is to push all the merely Even those in Congress have found ing in New Orleans last week, the important issues out of the White ourselves in the crosshairs. The assist- President said the United States would House so the President can deal with a ant Republican leader, Senator JON be, in his words, ‘‘stupid’’ not to use handful of issues that are truly Presi- KYL of Arizona, said to ABC’s George nuclear power. He is right since nu- dential. Then he would slip off for a Stephanopoulos that the stimulus plan clear power produces 70 percent of our private meeting in the Capitol with wasn’t working. The White House carbon-free electricity. Democratic leaders who controlled the wrote the Governor of Arizona and So why don’t we work together on Congress and usually found a way to said: If you don’t want the money, we this lower cost way to address clean enact the President’s proposals. won’t send it. Senator MCCAIN said this energy and climate change instead of Most successful leaders have eventu- could be perceived as a threat to the enacting a national energy tax? ally seen the wisdom of Lord Palmer- people of Arizona. On health care, the White House idea ston, former Prime Minister of the Senator BENNETT of Utah, Senator of bipartisanship has been akin to that United Kingdom, who said: COLLINS, Senator HUTCHISON and I, as of a marksman at a State fair shooting well as Democratic Senators BYRD and gallery: hit one target and you win the We have no eternal allies, and we have no perpetual enemies. FEINGOLD, all have questioned the prize. With such big Democratic ma- number and power of 18 new White jorities, the White House figures all it The British writer Edward Dicey was House czars who are not confirmed by needs to do is unify the Democrats and once introduced to President Lincoln the Senate. We have suggested this is a pick off one or two Republicans. That as ‘‘one of his enemies.’’ ‘‘I did not threat to constitutional checks and strategy may win the prize but lose the know I had any enemies,’’ Lincoln an- balances. The White House refused to country. swered. And Dicey later wrote: ‘‘I can send anyone to testify at congressional Usually on complex issues, the Presi- still feel, as I write, the grip of that hearings. dent needs bipartisan support in Con- great bony hand held out to me in Senator BENNETT and I found our- gress to reassure and achieve broad and token of friendship.’’ selves ‘‘called out,’’ as they say, on the lasting support in the country. In conclusion, here is my point. White House blog by the President’s In 1968, I can remember when Presi- These are unusually difficult times, communications director. dent Johnson, then with bigger majori- with plenty of forces encouraging us to Even the President, in his address to ties in Congress than President Obama disagree. Let’s not start calling people Congress on health care, threatened to has today, arranged for the civil rights out and compiling an enemies list. ‘‘call out’’ Members of Congress who bill to be written in open sessions over Let’s push the street brawling out of disagree with him. several weeks in the office of the Re- the White House and work together on This behavior is typical of street publican leader, Everett Dirksen. Dirk- the truly Presidential issues—creating brawls and political campaign consult- sen got some of the credit; Johnson got jobs, reducing health care costs, reduc- ants. It is a mistake for the President the legislation he wanted; the country ing the debt, creating clean energy. of the United States and for the White went along with it. Instead of com- The PRESIDING OFFICER (Mr. BEN- House staff. If the President and his prehensive health care that raises pre- NET). The Senator from New Hamp- top aides treat people with different miums and increases the debt, why shire. views as enemies instead of listening to should the White House not work with Mr. GREGG. Mr. President, I believe what they have to say, they are likely Republicans step by step to reduce I am recognized now for 10 minutes. to end up with a narrow view and a health care costs and then, as we can The PRESIDING OFFICER. The Sen- feeling that the whole world is out to afford it, reduce the number of Ameri- ator is correct. get them. And, as those of us who cans who do not have access to health Mr. GREGG. Mr. President, I wish to served in the Nixon administration care? speak on another topic, but I was fas- know, that can get you into a lot of The President and his Education Sec- cinated by the presentation of the Sen- trouble. retary Arne Duncan have been coura- ator from Tennessee. I think we are all

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.008 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10592 CONGRESSIONAL RECORD — SENATE October 21, 2009 concerned about the direction of this am not holding that against this Presi- the parameters of the bill is the rep- calling out. I take it the Senator from dency at all. resentation that it won’t cost more Tennessee is suggesting this adminis- The problem is, as we go forward we than $1 trillion over a 10-year period. tration is ‘‘Nixifying’’ the White are seeing these deficits expand. There So all sorts of games are being played House; is that correct? is no reason to maintain that type of to try to keep it under $1 trillion. Mr. ALEXANDER. That is a word I deficit once we are past this reces- The most significant and most cyn- had not thought of. What I am seeing is sionary period, once the financial situ- ical and most inappropriate game— some of the same signs I saw as a ation has been settled down. For all in- though it is not a game, really—the young man in the early stages of the tents and purposes, we are moving past most inappropriate action is this idea Nixon administration. I am seeing that situation, so the deficits should that they are going to take $250 billion those same signs in the Obama White start coming down. But they aren’t to fix the doctors reimbursement pro- House, and I am suggesting that going coming down. They aren’t coming gram, which is clearly part of health down that road leads to no good end. down. And today we are about to see care, and move it entirely out of the ‘‘Nixifying’’ is an interesting way to one of the reasons they aren’t coming health care system reform effort. They describe it. down because today it is being pro- will move it over here somewhere and Mr. GREGG. I may have just made up posed that we add another $250 billion claim they don’t have to pay for it. that word. Hopefully, it will be added to the debt by doing something called They will just send the bill to the kids. to the lexicon. the doctors fix and not paying for it. Don’t worry about it, it is only $250 bil- Mr. ALEXANDER. I think it will. It is not an extraordinarily com- lion. Just send the bill to the kids. That is good. plicated issue. Basically, we don’t re- Don’t worry about it. And then, voila` , Mr. GREGG. Mr. President, I thank imburse doctors at a rate they should they will have $250 billion they can the Senator from Tennessee. He has be reimbursed under Medicare because spend on health care reform that made some valuable points on that of a rule we passed back in the 1990s. It should have been used for the doctors issue. gets cut arbitrarily and in a way which fix. f has no relationship to what is a proper But now, since they have claimed the reimbursement rate. So every year doctors fix doesn’t matter—it is some- HEALTH CARE REFORM since we passed that rule and it turned where over here, out of sight, out of Mr. GREGG. Mr. President, I rise out it wasn’t going to work right, we mind, being taken care of by our chil- today to continue a discussion I have have corrected that. We have reim- dren and grandchildren—voila` , they pursued on this floor a few times, and bursed the doctors at a reasonable rate. can spend that $250 billion on goodies, it deals with where our country is But every year we have done that, we on initiatives within the new health going and what we are passing on to have paid for that change, so that the care reform bill, which will cost the our children. cost of reimbursing doctors fairly did taxpayers $250 billion in order to do it. I often quote the chairman of the not get passed on to our children. I And I presume it will get them a few Budget Committee, Senator CONRAD mean, if you pass that cost on to our constituencies to support them because from North Dakota, because I have im- children, when somebody goes to get an they have just spent $250 billion on mense respect for him. He has said— eye exam, someone who is in their them. and I agree with him and I think most eighties or seventies or sixties and who So the true cynicism of this is that it Americans, when they think about it, is on Medicare, when they get the bill doubles up the doctors fix cost. Not agree with him—that the debt is the from the doctor, essentially we are say- only does the doctors fix not get paid threat, the fact that we as a nation are ing: Oh, I am sorry, the government is for, but it will then create $250 billion running up this incredible debt which not going to pay that—the government worth of new spending. So it is actu- we are going to pass on to our children. you are a part of today. We are going ally a doubling up of this whole exer- To try to put it in context is very dif- to take that bill and give it to a child cise. It is a doubling down event here. ficult because the numbers are so huge. who is not even born yet, and they are You know, it is almost a Bernie I have talked about it numerous times going to have to pay that bill. But it is Madoff—well, it is a Bernie Madoff ap- here—the fact that we are running defi- an expense today, and it should be paid proach to funding. I mean, basically, cits at approximately $1 trillion over today by the government. this is an entire scam. Unfortunately, the next 10 years under the President’s We are having this proposed today on in this instance—and obviously in the budget; that we are seeing 5 to 6 per- this floor, by this administration: that Bernie Madoff instance the people who cent of GDP in deficits; that the public we should spend $250 billion to correct invested with him were wiped out, but debt goes from about 38 percent of GDP this doctors fix problem for the next 10 they made a choice to invest with him. up to well over 80 percent of GDP under years, which is about what it will cost, Our children and grandchildren are the most recent estimates. But these but not pay for it, just simply take it going to get this bill without any numbers are incomprehensible to peo- and send the bill off to our kids. It is rights. This $250 billion bill is going to ple because they are so big. We are actually more than $250 billion because be sent to them, and then the spending talking trillions and trillions of dol- that $250 billion, when you put it on is going to occur, which they are also lars, and the implication of these num- the debt, will generate interest respon- going to have to pay for. It is going to bers is staggering to our next genera- sibilities of about $50 billion. So it is be added on top of the health care bill. tion—to our children and our children’s actually a $300 billion item. That is not It is Bernie Madoff comes to Wash- children—because it means they have small change; that is a third of a tril- ington and does our budgeting for us, to bear the burden of paying this debt lion dollars. That is huge money. That and it is inexcusable that we would do that is going to be put on their backs. is a tremendous burden to transfer over this to the next generation. Last week, the deficit for this last to our children. Some are suggesting: Well, let’s do a fiscal year was pegged at about $1.4 Do you know why this is being done? 1-year or a 2-year fix. This was the trillion—an incredible amount. That is It is being done for a very cynical rea- original plan of Senator BAUCUS with three times the largest debt in our his- son. The health care reform package is regard to his bill. Let’s just sort of ig- tory, in numeric terms. As a percent- being discussed somewhere in this nore the fact that the doctor problem age of GDP, we haven’t had those types building behind closed doors. It is being exists for the next 10 years even though of numbers since World War II. Nobody written in some office over on that side we are doing a 10-year health care re- is arguing that deficit is not an event of the Capitol by three or four Mem- form bill here. What is the effect of and something we don’t like but that bers of the Senate and a lot of staff that? Well, yes, for at least 1 or 2 years we probably have to tolerate because of from the Democratic side, with no par- you pay for it. That was the proposal in the fact that we have been through this ticipation by Republican Members, no the original bill that came out of the very difficult situation with the reces- participation by the American people, Finance Committee—1 year, I believe, sion and the potential meltdown of our and the press is totally locked out of they paid for it, 9 years they didn’t pay financial houses. It took a lot of money the room. The bill is being rewritten for it. What did that mean? One year to try to stabilize the situation, and I over there, but we do know that within paid for was $11 billion, I think. So we

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.009 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10593 know the cost of the whole thing for 10 to the majority leader demanding— be passed on to consumers by either di- years is $250 billion. So what they got rightly—that this health care legisla- rectly raising insurance premiums or was $239 billion to spend under the tion be made available for 72 hours be- by fueling higher health care costs that Baucus bill as it came out of the Fi- fore the Senate proceeds with this bill. inevitably lead to higher premiums.’’ nance Committee because they just The letter from these eight conscien- He went on to say the plan ‘‘would simply ignored the concept that the tious Democrats says, among other not only fail to reduce the cost burden doctors fix had to be done too. That things: on middle-class families, it would also is a pretty cynical act—not as Without a doubt, reforming health care in make that burden significantly worse.’’ cynical as the idea you are going to America is one of the most monumental and In addition to failing to reduce the pass the full $250 billion fix and not pay far-reaching undertakings considered by this price of health care, the Finance plan for it, any of it, which is what we will body in decades. carries a number of other serious flaws, be voting on later today, but still pret- The letter goes on to ask four things particularly as it relates to Medicare ty cynical in that they would basically of the majority leader: that the legisla- and health care options for our seniors. be spending $239 billion which they tive text and complete budget scores The bill cuts Medicare by $500 billion. know we don’t have. from CBO on health care legislation to Let me repeat that. The bill cuts $500 The PRESIDING OFFICER. The Sen- be considered on the Senate floor be billion from Medicare, despite the fact ator’s time has expired. made available 72 hours in advance; that the Medicare program is already Mr. GREGG. I ask unanimous con- secondly, the letter asks that the legis- insolvent and on the path to bank- sent to speak for an additional 30 sec- lative text and complete CBO score on ruptcy in the year 2017, unless we take onds. health care legislation as amended be action. The PRESIDING OFFICER. Without made available; and they make the Billions of Medicare dollars would be objection, it is so ordered. same request as far as amendments to cut from hospitals, from nursing Mr. GREGG. So they know we don’t be filed and offered on the floor and the homes, from hospice care under this Fi- have the $239 billion, but at least they final conference report which might nance Committee proposal. It would admit it is there and they don’t try to come from the House and Senate. also slash $120 billion from Medicare pass the whole bill off to our children. I congratulate these Members of the Advantage, denying 11 million seniors So as we go forward in this health other party for making this request. I the health care choices and options care debate, let’s have no more sanc- think the question on the minds of peo- regular Medicare does not offer. timonious claims that we are being fis- ple around Washington, DC, and around If these provisions were not bad cally responsible and producing bills the country watching this issue is, Will enough, the bill’s negative impact on that are in balance and that don’t add this request be ignored? Will these State budgets is even more disturbing. to the deficit, not when we put a $250 eight Members of the Democratic cau- Medicaid would be expanded to a level billion IOU on our children’s backs. It cus be steamrolled by their leadership? that threatens funding of essential is totally inappropriate. Will this conscientious request be cast State services such as education, such Mr. President, I yield the floor. aside by the majority leader? as law enforcement. In my State of The PRESIDING OFFICER. The Sen- The people deserve to see the final Mississippi, Medicaid payments al- ator from Mississippi. product of the majority party. And we ready make up 12 percent of our State’s Mr. WICKER. Mr. President, I under- know the American people want to see overall budget, and Governor Barbour stand I am recognized for 10 minutes. it because as more Americans learn has joined a growing chorus of Gov- The PRESIDING OFFICER. The Sen- about the product, the less they like it. ernors, both Republican and Demo- ator is correct. A survey released Monday found that a cratic, in warning of the consequences Mr. WICKER. Mr. President, in 10 majority of Americans opposed the of Congress forcing States to shoulder minutes Senator LEMIEUX will make plans backed by the President and more of the Medicaid burden. In fact, if his maiden speech to the Senate, and I Democrats in Congress. This skep- the finance bill is enacted, Medicaid’s know Members are anxious to hear ticism persists despite the best public expansion would result in fully 25 per- that speech, but in the meantime I relations ever of my Democratic col- cent of Americans being on this gov- would like to talk further about health leagues and our President. ernment-run health care system. We care reform. The bill approved by the Finance know it is now run so poorly that many Earlier this month, the Senate Fi- Committee essentially is still a par- physicians will not accept Medicaid pa- nance Committee voted to approve a tisan one. Numerous studies and esti- tients. The bill proposes we put one- deeply flawed bill that would raise mates have highlighted how the bill’s quarter of Americans on this very taxes, cut Medicare, increase govern- new mandates would actually raise in- poorly run program. ment spending, increase health care surance premiums for Americans, not After weeks of talk, we get a bill that premiums, and actually drive the cost lower them. A recent Pricewaterhouse- is worse than the status quo. I fear this of health care up, not down. We know Coopers analysis of the bill found that bill is only going to get worse when the the Finance Committee’s bill will not by 2019, the average cost of a family’s majority leader emerges from his se- be the final product voted on by the insurance policy would increase by cret negotiations and tries to pass his Senate. $4,000, more than it would if Congress version of a Federal health care take- Three or four Members of one party, simply does nothing at all. Of course, over. I think we can do better. Raising and one party only, without the press no one is suggesting Congress do noth- taxes, increasing costs, and elimi- there, without the public looking in, ing at all. The status quo is clearly in- nating choice is hardly the type of without other Members of the Senate adequate, and there are many things health care reform the American peo- there, are meeting now behind closed we can do on a step-by-step basis to im- ple want, particularly during a time doors to merge the Finance Committee prove the health of Americans. when unemployment levels are at a 25- bill with the HELP Committee’s But back to this $4,000 in extra costs year high. There are many common- version. The secret nature of these for insurance, the driving factor behind sense reforms that could pass Congress meetings is all the more reason for the that is the staggering tax hikes nec- quickly and with bipartisan support. final version of the bill to be made essary to pay for this $1 trillion new This is not a choice between a Federal available to the public prior to a final entitlement program. The Finance takeover and the status quo. A step-by- vote. Committee’s proposal raises taxes by step approach can inject competition, We have all heard the outcry from hundreds of billions of dollars—on in- increase choices, and use market prin- our constituents asking us to read the surance plans, on medical device pro- ciples to bring down prices. By allow- bills before we vote on them. I think ducers, on pharmaceuticals. We all ing people to purchase health insur- we should go one step further than know taxes will not lower the cost of ance across State lines, by imple- reading this health care bill ourselves: these services. In fact, we can expect menting medical malpractice reform we should allow the public to read the the opposite—these taxes will be paid and allowing small businesses to join bill themselves. by average Americans. in association health plans, we can Just recently, eight of my friends on Former CBO Director Douglas Holtz- lower the cost of health care and in- the other side of the aisle sent a letter Eakin recently said: ‘‘These costs will crease choice without raising taxes or

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.010 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10594 CONGRESSIONAL RECORD — SENATE October 21, 2009 increasing government spending or in- Medicare, often buy additional insur- money that could be spent on worth- creasing the size and scope of govern- ance to supplement their needs. Rising while programs or, better still, re- ment. costs for seniors living on fixed in- turned to the people because, after all, That is the kind of health care re- comes prove more than difficult. Still it is their money. form the American people deserve, and more troubling are those who have no In 10 years, the White House projects it is the direction the health care de- insurance at all—some 4 million Flo- our national debt will be a staggering bate should take. ridians and an estimated 45 million $23 trillion, surpassing the total value I yield the floor. Americans nationwide. For many of of goods and services made in the The PRESIDING OFFICER. Under the uninsured, a serious illness or an United States in 1 year. I have not been the previous order, the Senator from accident is all that may separate them in Washington for long so it is hard for Florida is recognized for 20 minutes. from bankruptcy. me to comprehend the idea of $1 bil- f I believe the problem of health care lion, let alone $1 trillion. I think that must be addressed. No American should NATIONAL DEBT AND FEDERAL is true for most Americans. So it is be denied access to quality health care. DEFICIT worth a moment to understand the No American should be rendered des- enormity of these figures. Mr. LEMIEUX. Mr. President, it is an titute by illness. No American family If you were to lay down single dollar honor for me to stand on the floor of should have to live paycheck-to-pay- bills, edge to edge, $1 million would the Senate, on behalf of my State of check because they cannot find afford- cover two football fields; $1 billion Florida and before this Nation, to give able health care. The problem is great, would cover the city of Key West, FL, my maiden speech. First, let me thank and it is one worthy of our full atten- 3.7 square miles; and $1 trillion, laid my wife Meike for her support. No one tion. edge to edge, would cover the State of succeeds in life alone. That is certainly But before we can address health care Rhode Island—twice. true for me. She is the strength of our and the cost of reform, we need to con- Still more staggering, from the time growing family of five, soon to be six. sider the broader state of affairs in I would not be here without her love our Government began in 1789, it took which we as Americans find ourselves. 167 years for the Federal Government and support. We need to draw back the curtain, It is humbling to think of those who to spend its first $1 trillion. This year widen the lens. No issue, even one as we will spend $3 trillion. Increasing have come before me and spoken before important as health care, stands alone. this body on the great issues of the debt and increasing costs of entitle- We have responsibilities in other equal- ment spending and increasing interest day. I will not seek to match their skill ly important areas such as national de- in poetry or prose, but I will work to payments mean we are on a path which fense, education, and the economy. is unsustainable. The American people honor them with clear and straight- Balanced equally with all these prior- know this and they are showing their forward language, passion to find solu- ities must be our ability to afford frustration with Congress’s out-of-con- tions to the challenges that face us, them. Our Nation’s spending problem is trol spending. We need to learn from and resolve to follow words with deeds. not a topic that many like to discuss. families in America. Families in Amer- It is the tradition of this Chamber, as It is, after all, more desirable to speak ica and across Florida deal with their Senator Ted Kennedy stated in his of new ideas and grand plans for the fu- budgets every day. They sit around the maiden speech nearly 50 years ago, ture, but that very future is at stake if kitchen table. They look at what they that ‘‘a freshman Senator should be we do not address the problem now. seen, not heard; should learn, not Our national debt grows at an alarm- make and what they spend and they teach.’’ But similar to Senator Ken- ing rate of nearly $4 billion a day. try to make ends meet. nedy, who asked for the dispensation of When I took office, just 5 weeks ago, But the Federal Government is simi- his colleagues to speak to the great our national debt was $11.7 trillion. lar to that family with the credit card cause of civil rights being debated at Today it is nearly $12 trillion. During debt—every month the debt grows, the the time, I, too, seek the consideration the time it will take for me to give this interest compounds. The family spends of my colleagues to rise and speak at address, it will increase by another $50 more and more just to make the min- such a critical time in our Nation’s his- million. imum payment. Yet the balance due tory. Since the debate on health care continues to grow. In order to get out During my first week here, the senior began in March to the time it likely of debt, the family has to do the right Senator from Ohio, Mr. VOINOVICH, told concludes at the end of this year, we thing, it has to cut spending or mom or me that while my time in the Senate will have amassed an additional $1 tril- dad have to get another job. If the fam- may be short, just 16 months, it might lion, near to the very amount we are ily does the right thing, pays off its be the most important 16 months in discussing for this health care pro- debt, it can save a little, build a nest modern history. My brief experience posal. Instead of spending less to stem egg, and recover. If they do not, they here has confirmed the wisdom of his the tide, we learned last Friday that in reach that point where the debt grows insight. the fiscal year we just completed, Con- out of control. They reach the point The issue that commands the atten- gress amassed a record-setting $1.4 tril- where they are too far gone. tion of this Congress is the health of lion budget deficit—a larger single- The Federal Government has reached our people and proposals that address year deficit than the deficits of the last that moment in time. In the past 27 the problem of those who cannot afford 4 years combined. years, we have gone from $1 trillion to or simply do not have health insur- Our Government spending is out of $12 trillion in December, and it is esti- ance. We seek solutions to the rising control and it is simply unsustainable. mated that by the end of 10 years, we costs of medical procedures and hos- Why does it matter? What is the con- will be $24 trillion in debt. The point of pital stays. We are in search of ways to sequence of accumulating trillions of no return is upon us. We must recog- ensure that every American has access dollars in debt? What does it mean for nize this simple truth: We cannot af- to affordable and quality health care. us, for our children, and for our grand- ford the Government we have, let alone These are noble goals. Floridians and children? The consequences are a gov- the Government the majority in this Americans are struggling with the high ernment hamstrung by its obligations Chamber wants. We ought to be cutting cost of health care. Premiums for fam- and a people taxed beyond their ability taxes, not raising them; we ought to be ily health care have risen 131 percent to prosper. Last year, our Nation spent spending within our means, not in- over the past 10 years. Working fami- $253 billion alone on the interest pay- creasing our debt; we ought to be fight- lies are finding it harder and harder to ments for our debts. That is a state- ing with the same vigor to cut waste, make ends meet. Between the demands ment worth repeating. Last year, our fraud, and abuse that some fight to cre- of taxes and insurance, families have country spent $253 billion alone on in- ate new entitlement programs we can- less and less to save and spend on their terest payments, the third highest ex- not afford. own priorities. penditure in the Federal budget. That It has also become clear that our Health care costs are burdensome on is nearly $700 million in taxpayer dol- policies of limitless spending threaten seniors as well, who, while covered by lars spent on interest, every day— to devalue the dollar.

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.012 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10595 Recent reports suggest a rush by U.S. 1838 adopted language requiring our their employees. We stand ready to ad- investors to pull their money from do- State to have a balanced budget. dress the high incidence of doctors mestic investments and instead seek It works for Florida and 41 other practicing defensive medicine, which opportunity in emerging markets. In- States, and it can work for our Nation. steadily drives up costs. Finally, we vestors find markets such as China and The Federal Government should be stand ready to focus on stopping the Brazil to be more attractive because held to the same standard. This Con- estimated $60 billion in Medicare those nations use their financial re- gress must balance its budget. There is waste, fraud, and abuse, and using serves to weather the economic crisis. no reason why Congress cannot do those funds to care for our people. There is also talk in the inter- what American families and the major- Current proposals do little to address national community that perhaps the ity of States do. There is also no rea- these problems. We want to work in a dollar is no longer the best benchmark son why the President of the United bipartisan fashion to create a bipar- for their reserve currencies. According States should not have the same pow- tisan bill. Spend less, save more on this to the International Monetary Fund, ers as 43 Governors do to strike waste- and in everything. The reality is that the dollar is held now at its lowest ful spending with a line item veto. our Nation is hungry for a new course, point on record in reserve currency of These issues are not partisan. Repub- a course that takes greater care of the the central banks around the world. licans and Democrats alike should people’s money. Some may call this Our unsustainable spending and debt chart a course to a balanced budget to thinking naive, but I call it hopeful. and our inability to make the difficult reduce the national debt and restore Since our Nation was founded, there decisions necessary to change course is the American dream. has been one constant our people have decreasing confidence in our Nation We were promised a budget deficit- carried forth. I consider it the Amer- abroad, and if not corrected, it will im- neutral health care plan. President ican creed, and the creed is this: Each pact the quality of life for all Ameri- Obama said to a joint session of Con- generation has the obligation to pro- cans. gress, he ‘‘will not sign a plan that vide a better future for its children What is the answer? The answer is we adds one dime to our deficit now or in than the generation before. We cannot have to stop. We have to stop financing the future.’’ fulfill this promise on our current today’s programs on the backs of fu- I am encouraged by the President’s course. That truth is so evident even ture generations. Common sense tells words, but I am concerned by the pro- our children understand it. us we need to balance the Federal posals we have seen. Cutting a half tril- I close with the words of one of my budget. The Federal Government has lion dollars from Medicare is not budg- constituents, 12-year-old Joshua not done that since 2001. There is no et neutral. Shifting costs to the States Mailho of Niceville, FL. Joshua is con- reason why it cannot happen again. for increases in Medicaid is not respon- cerned about the very issues we are The Framers’ ideal of limited govern- sible. And taxing medicine and life- talking about today. He is concerned ment is one we need to pursue and we saving devices will increase, not de- with his share of the national debt and need to do it if we have the will to crease, the cost of health care. That is how he is going to pay for it. make it so. not reform. He wrote to me in September and As the father of three young sons and The fact is, we do not know where this is what he wrote: a baby on the way, one of my greatest the money is coming from to pay for Here is an example of how long me, a 12 concerns is that 1 day one of my chil- the proposed health care plan, and in year old, would have to pay off my share of dren will come to me when they are light of our desperate financial situa- the national debt. If I worked at Home Depot grown and say that they are moving to tion, we cannot budget on faith alone. and I get paid $10 per hour . . . it would take me almost 8 years of full-time work [to reach another country, perhaps a place such Last week I participated in a hearing $161,000] . . . my share of the national debt. as Ireland or Chile, because they be- to discuss runaway premiums in a pro- He goes on to say: lieve the opportunities are greater gram designed to let Federal employ- ees buy long-term health care. Employ- This debt will affect all of the kids in than the promise and the opportunities America . . . so please find a way to fix your of America. ees were given two options: a fixed op- own mistakes, before the children of today Even now, as many as 200,000 skilled tion that had a higher cost but guaran- have to pay for your mistakes tomorrow. American workers could leave for teed that premiums would not go up, I yield the floor. places such as China and India in the and a variable option which was less The PRESIDING OFFICER. The Re- next 5 years. America has always been expensive but it provided no guarantee. publican leader. the land of opportunity, a beacon for Smart Federal employees paid a lit- Mr. MCCONNELL. Mr. President, let those who seek a better life. That life tle more to get that guaranteed Fed- me be the first to congratulate the jun- cannot be darkened. eral plan. But it is not going to be that ior Senator from Florida on his Let us not stand witness to the de- way. Because now the Federal Govern- thoughtful and very persuasive initial cline of our great Nation. Let us not sit ment has come back and said: We were speech here in the Senate. idly by so that the work and sacrifice wrong. We cannot insure the premiums I think I can safely say, after observ- of those who came before us can be at the guaranteed rate. We are going to ing his work for the last 5 weeks, that squandered. Let us not miss out on this raise your rates by 25 percent. the people of Florida are very fortu- moment in time to shoulder the burden The government made a mistake. nate to have such an intelligent and in- of leadership to do what we must do for The government got it wrong. And now sightful Senator. He is doing an excel- our children, their children, and the these Federal employees who did the lent job on their behalf. I again con- American dream. right thing are going to have to pay for gratulate him on his initial speech here Their future is bound to the decisions it, more than 6,000 of them from Flor- in the Senate. we make. I come from a State where a ida. If the Federal Government cannot The PRESIDING OFFICER. The Sen- balanced budget is a constitutional re- get it right for 250,000 Federal employ- ator from Florida. quirement, where lawmakers are re- ees, how is the government going to Mr. NELSON of Florida. Mr. Presi- quired to spend within their means. get it right for 45 million Americans? dent, I want to join with our colleagues And it is not always easy. In fact, it is I stand with my colleagues on this on the floor in thanking my new col- often a painstaking process that re- side of the aisle ready to create access league from Florida, with whom I have quires leadership and tough choices, to health care without sacrificing qual- had the pleasure of starting a very fast with Republicans and Democrats sit- ity. But it has to make financial sense. and meaningful friendship. ting down together to make respon- We stand ready to address the issue of As he knows, his predecessor Mel sible decisions. portability, allowing people to keep Martinez and I had a friendship that In the past 3 years in Florida, Gov- their health insurance whether they had spanned more than three decades. I ernor Crist and the Florida legislatures change jobs or move across State lines. am equally enthusiastic about this op- have cut spending by more than $7 bil- We stand ready to offer ideas to make portunity to represent the State of lion, almost 10 percent of the State health insurance more affordable for Florida with Senator LEMIEUX. budget. Florida has made tough choices small businesses, which can join ex- Let me say that as I was listening to because it must, because lawmakers in changes to offer lower premiums for the Senator’s maiden speech, of course

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.014 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10596 CONGRESSIONAL RECORD — SENATE October 21, 2009 I reflected back 9 years ago to my I also commend my friend, the junior driven down costs by putting in place maiden speech. And, interestingly, at Senator from Florida, for his com- prevention and wellness activities, ne- that time—I think it was about 6 weeks ments today. I share his views about gotiating better prices with providers, after I had been here, so it was the the necessity of bringing our Federal and restructuring a financial incentive middle of February 2001—I spoke on the deficit in line. system which currently rewards hos- budget and the fact that we had a sur- In the Commonwealth of Virginia, we pitals based on higher readmission plus, and how we wanted to keep that have a balanced budget requirement rates, rather than quality care. surplus and not go into deficit, a lot of and we meet our budget every year. I I thank the Senator from New Hamp- the same themes the new Senator from am proud of the fact that Virginia has shire for organizing the freshmen one Florida has sounded here today. been named the best managed State in more time. As a former Governor, I Of course, your maiden speech in this America. So I do have to take issue know she has been a leader on issues August body is quite memorable. I did with some of the comments made by like Medicaid and health care costs. I not have the luxury, as the new Sen- my colleagues, who I think understand call on my colleagues on the other side ator from Florida has, to have a num- States’ needs. The fastest growing of the aisle to actually join in this ef- ber of his colleagues sitting here. As a costs in my State, as well as the State fort to make sure we do achieve bipar- matter of fact, it was an empty Cham- of Colorado, New Hampshire, and I tisan health care reform. ber for this Senator save for the Pre- would assume the State of Florida, are I yield the floor. siding Officer. But in the course of this health care costs. Mrs. SHAHEEN. I thank the Senator speech, I mentioned that it was my Medicaid is going to bankrupt vir- from Virginia for his comments. As he maiden speech. I am proceeding on. All tually every State in the Nation by said, our health care system is on an of a sudden the doors, these side doors, 2025 if we do not act. I hope for, and unsustainable path. Now is the time to swing open, and in strides the senior welcome, my colleagues’ efforts to try fix it. Senator from West Virginia, the person to reach a bipartisan consensus on Health care has not been working for who is a walking political history health care reform. families, for workers, for businesses, book. He assumes his position in this I will again make the point I have and for the Nation’s economy. Today chair right here. I get through with my made repeatedly over the last few we are actually going to talk about remarks, and he says: ‘‘Will the Sen- weeks: What happens if we don’t act? some of the good news we know we can ator from Florida yield?’’ What happens if we simply kick the accomplish with health care reform. I said: ‘‘Of course I yield to the senior can down the road another 10 years? We are going to talk about what health Senator from West Virginia.’’ That is the appeal I make to my col- care reform can do to help those fami- He proceeds to give, off the top of his leagues on the other side. Join us. Par- lies, workers, and the economy. It is head, a history of the Senate maiden ticularly join the freshmen Senators, our opportunity to control costs for speeches. And, of course, what a memo- who don’t come to the Senate with the Americans and to improve quality. rable event that was for this Senator in same background of the last 20 years Let me be clear: We can control cost his maiden speech, and it will be equal- and experience of past battles. Join a and improve quality at the same time. ly a memorable event for the new Sen- group who does, however, come to this When we do this, we have to remember ator from Florida. I join our colleagues body wanting to do the people’s busi- to keep patients at the center of the in congratulating him on his maiden ness. That means driving down health debate. The truth is, in so many cases speech. care costs, expanding coverage, and the health care industry can do more for less. Usually I like to tell a story f making sure our health care system is financially sustainable. about what is going on with my con- ORDER OF PROCEDURE If we don’t act, not only will States’ stituents. It helps us keep people at the Mr. NELSON of Florida. Mr. Presi- increasing Medicaid costs go unmet, center of the debate. dent, I ask unanimous consent that fol- State budgets will not be balanced. If Today I want to talk about some of lowing confirmation of Executive Cal- we don’t act, the Federal deficit will the innovative health quality initia- endar No. 469 and the Senate resuming explode. The largest driver of the def- tives happening in New Hampshire. We legislative session, the Senate then icit is not the TARP spending or stim- all know hospital readmissions are a proceed to vote on the motion to in- ulus spending; it is health care spend- costly problem in the country. We have voke cloture on the motion to proceed ing. If we don’t act, the current Medi- an exciting program going on in Man- to S. 1776. care Program, which seniors depend on, chester, the State’s largest city, at the The PRESIDING OFFICER. Without will go bankrupt by 2017. That is not a Elliot Senior Health Center. They rec- objection, it is so ordered. political statement; that is a fact. ognized what was happening with re- The Senator from New Hampshire is If we don’t act, American companies admissions. They recognized that hos- recognized. will not be competitive in the global pital discharges can be confusing and f economy. We have the most productive sometimes overwhelming for seniors workforce in the world. But no Amer- and that providing a little extra atten- HEALTH CARE REFORM ican company can compete when they tion to help those seniors as they are Mrs. SHAHEEN. Mr. President, as have built in health care costs of $3,000 transitioning out of the hospital can you well know, being one of the fresh- to $4,000 more per worker than any help keep them from being readmitted. men Senators, along with me and a other competitor in the world. If we They developed a program they call the number of others of us, we have been don’t act, for the 65 percent of us who TRACE Program. TRACE provides sen- coming to the floor for the past several get our health care coverage through iors with a health coach who helps pa- weeks to talk about the need to ad- the private insurance market, an aver- tients with the tools and support to dress health care reform. age Virginia family will be paying 40 take a more active role in managing We are here again this morning for percent of their disposable income on their medical care. The support those the next hour to talk about why this is health insurance premiums within the patients receive improves their under- so imperative. I am going to yield my next decade. standing not only of their own health time, about 5 minutes initially to Sen- I ask my colleague from Florida and care, of the health care system in gen- ator WARNER, who has another engage- others on the other side of the aisle to eral, it helps keep them out of the hos- ment and needs to be off. So at this join us in this bipartisan effort to re- pital. point I yield 5 minutes to Senator form health care. This morning we will Senator COLLINS and I have intro- WARNER. lay out how we think health care re- duced a bill that would help do this Mr. WARNER. Mr. President, I thank form can both expand coverage and systemwide called the Medicare Tran- my colleague, the Senator from New drive down costs. We will look at some sitional Care Act. It builds on success- Hampshire, for leading the freshmen of the models currently being used by ful programs such as the one at the El- Senators here this morning as we once large employers who have had the liot Senior Health Center. Our legisla- again take the floor to talk about flexibility to design their own benefit tion would improve the quality of care, health care reform. plans. These models have successfully reduce hospital readmissions, and

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.015 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10597 lower costs. Research shows we can from very diverse States, but the ob- Will reform help these small busi- save $5,000 per Medicare beneficiary if servation is the same. Health care re- nesses? Yes, it will. It will help them a we enact this kind of a program sys- form is essential to putting our Nation lot. temwide to deal with hospital readmis- back on track, and now is the time. First, it will allow them to enter sions. I am happy the key provisions of I wish to direct my comments specifi- health care exchanges, where they will this idea are included in the Finance cally to the benefits of health care re- be part of a much larger pool. With Committee bill. It will give us an idea form to small business. We all know their increased market clout, they will of how this is going to work system- the current system doesn’t work for be able to negotiate lower premium wide. It is one example of what we can small business employers or their em- costs. These rates will be much more do to improve the quality of care while ployees. Without numbers behind stable than in past years. One sick em- we control cost. them, they have no ability to negotiate ployee will no longer make an entire There is another initiative we have rates with insurance companies. They group uninsurable. been working on. I know all of us have are like lambs led to the slaughter. Second, the exchanges will offer been forced to wait in a crowded emer- More often than not, they have to take more and better policies from which to gency room sometimes. Emergency whatever deal is offered. Those deals choose. Currently, many small busi- room overcrowding is a problem that are not very good. On average, small nesses struggle to find any insurers has become all too common. It is a businesses pay 18 percent more than that will offer policies. But through symptom of what is going on in our large firms for the same health insur- health care reform, and as part of the health care system. Frequent users of ance policies. Because of this, they are exchange, they will be able to choose health care services are a small but far less likely to provide health insur- from a number of different plans. Be- very costly portion of our population. ance. Just 49 percent of firms with 3 to cause these plans will have to meet They contribute to overcrowding in 9 workers and only 78 percent of firms certain standards, small businesses will emergency rooms, and they raise costs with 10 to 24 workers offer health in- have higher quality policies from for everyone. These individuals often surance to their employees, as com- which to choose. have multiple chronic conditions. pared to 99 percent of firms with 200 or Finally, better choices at a lower Sometimes they have mental illness. more employees in the same year. price will mean small businesses can Sometimes they are faced with issues When small firms do offer health dedicate more revenue to increasing such as poverty and homelessness. care, rising premiums force owners to wages—more money in the pockets of They are among our most vulnerable make hard choices between keeping their employees—have more oppor- but most frequent users of emergency health coverage, expanding their oper- tunity to invest in new equipment or rooms because they have nowhere else ations, or increasing wages. In the last hire additional employees. This is good to go. decade, health care premiums for the for these owners, it is good for our In one study, one individual used the average Oregon family more than dou- economy, and it is good for the employ- emergency room 115 times in 1 year. bled, while median earnings rose only ees. This was in Camden, NJ. Another pa- 23.8 percent. It is no coincidence. Em- Health care costs have become a tient accumulated $3.5 million in hos- ployers are spending more in com- millstone around the neck of our small pital charges over 5 years. These are pensation, but that compensation is businesses, dragging down our econ- charges for which the American tax- going to higher insurance premiums omy. Health care reform will help payer paid the bill. Our health care rather than higher wages. small businesses thrive by lowering system is not adequately dealing with Last month I talked to small busi- cost, improving service, and enabling frequent users of emergency rooms. ness owners in Medford and Portland, small business owners to focus on mak- The good news is, we can change this. OR, who share strikingly similar sto- ing their businesses more successful. Through increased outreach and co- ries about the problems rising health I yield back the floor to my colleague ordination, we can reduce utilization. care costs are causing for them. Dave from New Hampshire, and I thank her We can save costs. Research shows that Wilkerson runs a Medford architectural for conducting and managing this set after 2 years of participation in a pro- firm that has 12 full-time employees. of conversations from the freshman gram that provides this kind of coordi- He is dedicated to providing a family- Senators today. nated care for people who use emer- friendly work environment, and he pro- Mrs. SHAHEEN. Mr. President, I gency rooms, usage of emergency vides full medical, dental, and vision thank very much Senator MERKLEY for rooms was cut by over half. This trans- coverage to his employees. The com- pointing out what a difference health lates into significant savings for the pany has had to deal with large annual care reform can make for small busi- taxpayer. It is the kind of reform we increases in health care premiums and nesses. must continue to look at if we are has had to change carriers several I will now yield 6 minutes to the Sen- going to change the health care system times in order to try to keep costs ator from Alaska, Mr. BEGICH. and make it work for taxpayers, for down. Health care costs are the second Mr. BEGICH. Mr. President, I thank businesses, and for families. highest expense for David’s firm. Only the Senator. These are only a few examples of how payroll exceeds them. I say to Senator MERKLEY, I am health reform can benefit Americans. This year rising health care costs going to follow up on your points as to We can improve the quality of care forced David and his partners to look small businesses, and they are very available to people, and we can control very closely at either eliminating good points. In Alaska, 52 percent of health care costs at the same time. I health care benefits or laying off em- our population is self-employed, in believe we can do this. Now is the time ployees. some form or another, or they are self- to pass meaningful health reform for Jim Houser and his wife Liz Dally employed and employ many individ- the citizens of New Hampshire and for tell a similar story. They operate the uals. all Americans so we can achieve these Harthorne Auto Clinic in Portland. Again, I am pleased to be back here changes in our system. When they opened their doors 26 years with our freshman colleagues to talk I now yield the floor to Senator ago, they made a commitment to offer about why America needs health insur- MERKLEY for 6 minutes. those who worked for them a good ben- ance reform and why we need it now. The PRESIDING OFFICER. The Sen- efits package, including comprehensive Last week, we busted myths being ator from Oregon. health care. Jim and Liz are still able pushed by the opponents of reform. Mr. MERKLEY. Mr. President, it is a to provide health insurance to their Today, we join forces to describe the pleasure to talk about health care fol- employees, but premiums have gone undeniably positive aspects of reform— lowing upon the remarks of Senator from 9 percent of their payroll to 18 how it will help our friends, our neigh- JEANNE SHAHEEN and Senator MARK percent in 5 years. As a result, they bors, and our loved ones. WARNER, both of whom, as Governors, have had to cut back on benefits. These I rise to address the unquestionable had the opportunity to know firsthand and otherwise successful small busi- link between health insurance reform how important health care reform is to nesses have been hamstrung by health and economic recovery in America. All taking our Nation forward. They come care costs. of us on this floor have heard from

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.016 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10598 CONGRESSIONAL RECORD — SENATE October 21, 2009 those who say we should not do health amount of work, in the sense of the Despite all we spend on health care— reform now, that with the economy legislation, to deal with one-sixth of and in 2009 this figure will approach still hurting, we should wait. Some of our economy. But, again, we will see $2.5 trillion—almost one in two Ameri- that commentary comes from loud and that prop over and over again. But I cans suffers from common, costly, and angry naysayers looking for any excuse hope the American people will see often preventable chronic diseases. to kill reform. through that and see how important The Partnership to Fight Chronic But that concern has also been raised dealing with one-sixth of the economy Disease estimates that almost 80 per- by average Alaskans at our townhall is and how having a bill of that length cent of American workers have at least meetings. It is a legitimate question, is important. one chronic disease, and 55 percent and here is how I answer my constitu- How can we expect American busi- have more than one chronic condition. ents: If we want to do this right, eco- nesses to shoulder such costs and be In fact, treatment of chronic disease nomic recovery and health reform have truly competitive in a global economy? accounts for approximately 75 percent to go hand in hand. You cannot have Here is one example. Right now, Gen- of every dollar spent on health care one without the other. eral Motors reports that health care today. There are already signs in this coun- spending adds $1,500 to the cost of The spending rate is even higher in try of our economic turnaround in every car it produces. Of course, its the Medicaid and Medicare popu- progress. That is welcome news for chief overseas competitors do not have lations, with 83 percent of spending in American breadwinners going back to to worry about health care costs be- Medicaid and 98 percent in Medicare work, for businesses racking up new cause their countries dealt with this going for the treatment of chronic dis- sales, and for manufacturers ramping years ago. ease. up production to fill new orders. We can and must do better. Economic The rapid growth of chronic disease But there is more work to do, more peace of mind is fundamental to our de- increases insurance costs for Ameri- progress to make. That is where health mocracy. It is the goal of every family cans, undercuts U.S. competitiveness, insurance reform comes in because the in this country. It is a cornerstone of and threatens Medicare and Medicaid status quo is directly at odds with the the American dream. viability. Our present health care re- possibility of continued economic Let me say again, if we are serious form effort gives us the opportunity to growth. Here are a few examples. Busi- about economic recovery in this coun- finally reverse this trend. nesses, big and small, have been sad- try, then we must be serious about By empowering and motivating dled with skyrocketing health care health insurance reform. It is a pack- Americans to be physically active and costs for their workers. You have heard age deal. giving them a financial stake in main- Mr. President, I thank you and yield many examples this morning. The av- taining their day-to-day health status, back the floor to the Senator from New erage health insurance premium in health care reform can put the focus Hampshire. Alaska has risen 102 percent in the past Mrs. SHAHEEN. Mr. President, I say back on healthy living. decade—more than doubled. An example we can build on is the re- to Senator BEGICH, thank you very No matter which State you are from, cent success Safeway Corporation has much and thank you for pointing out those premium increases take a toll on had in reducing health care premiums how important health care reform is to business. Money that could go to inno- for many of their employees by pro- our economy. vation, investment, pay raises or added viding them incentives to change their I now yield time to Senator KAUFMAN staff is going instead to insurance. from Delaware. behavior. Today, employer-provided family pre- Mr. KAUFMAN. Mr. President, I The CEO of Safeway, Steven Burd, miums in Alaska average more than thank Senator SHAHEEN for her leader- created a program that rewards em- $14,000, about the annual pay of one ship in putting this together and thank ployees with lower premiums if they new minimum wage job. her for her leadership on health care reduce their tobacco use, lower their Household budgets are also strained. and so many other issues. blood pressure and cholesterol levels, In this decade, health insurance costs I appreciate the opportunity, once and achieve a healthy weight. The for Alaska families have risen five again, to join my colleagues in calling completely voluntary program tests for times faster than wages. That is a loss for the passage of meaningful health these four measures, and employees re- of purchasing power that could be care reform. ceive premium discounts for each test going instead into our local economy This morning, we are answering the they pass. or to education to improve individual question: What can health care reform Aided by this program, obesity and earning power. do for you? smoking rates at Safeway are roughly Of course, my Alaska examples are I wish to take a couple minutes to 70 percent of the national average, and happening in States all over this coun- talk about how health care reform can their health care costs for the last 4 try. The statistics are troubling. help Americans stay active and years have remained constant. Let me Today, one-sixth of the entire Amer- healthy by enhancing prevention and repeat that: Their health care costs for ican economy is devoted to health care wellness services for all Americans. the last 4 years have remained con- costs. Think about it. That is more As I have said many times on the stant. than $2 trillion each year that does not floor, the present health care system is Right now, discounts for healthy be- go to job creation or business innova- out of control. It has become a gigantic haviors such as Safeway’s are limited tion or investments in infrastructure. resource-eating machine which, over to 20 percent of the regular premium. If we do nothing to reverse this time, sucks in more money and deliv- Recognizing the success of the pro- trend—if supporters of the high cost of ers fewer options and poorer care. grams such as these, the health reform insurance manage to kill this reform— As odd as it sounds—and it does bills moving through Congress include this problem will get much worse. By sound odd—health is not always the provisions to expand the premium dis- the time my 7-year-old son is raising top priority in the present health care counts for healthy behaviors from 20 his family, one-third of the entire U.S. system. The current system, all too percent to 30 percent. economy could be consumed by health often, waits to treat illness and re- Another attempt to bring increased care. spond to health problems until they be- wellness to the workplace through Yesterday, on the floor of the Senate, come particularly acute and costly to health reform is a measure that pro- one of our colleagues in opposition to treat. vides grants to small businesses to pro- health care reform put up a prop— Promotion of health, both physical vide access to comprehensive, evi- which we will see over and over again— and mental health, is not given a top dence-based workplace wellness pro- a large bill that was put on the desk. It priority in the present health care sys- grams that would help employees make is about 1,500 pages of the Finance bill, tem because, frankly, it is not re- healthier choices. and over time that will change. But warded. Because of this lack of empha- These are both positive steps to pro- when you think about it, one-sixth of sis, our present health care system is mote healthy behaviors and give incen- the economy will be decided by that weighed down by Americans who battle tives to keep premium costs under con- bill—1,500 pages. To me, that is a small one or more chronic diseases every day. trol.

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.017 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10599 Also, by authorizing and expanding ator from New Hampshire. I thank her affordable choices for coverage. I be- school-based health clinics, health care for her leadership on the floor and for lieve the best way for making this hap- reform gives America’s children more the hard work she has done on this pen is through a health insurance ex- opportunity to learn about the merits issue. I know everybody back in New change that includes a strong public of healthy behaviors at a young age, Hampshire very much appreciates that. option. Inserting more choice into the giving them the tools they need to This is the fourth time the Senate’s market would keep insurers honest and make healthier choices throughout freshman class has gathered on the allow consumers to compare plans and their lives. Senate floor to talk about health re- prices and decide what works best for In addition to promoting healthy form. Already we have talked about them. lifestyles among American workers and why maintaining the status quo is not With health care reform, we must children, health care reform will make an option. We have talked about how also address the growing doctor short- it easier for those enrolled in Medicare reform will contain costs and dispel the age in rural America. In my State, for and Medicaid to gain access to preven- myths about reform. We have talked example, 30 of 33 counties are cat- tive services and wellness programs. about how reform will mean many egorized as ‘‘medically underserved.’’ This is incredibly important not only things to many different people. What I Americans should not have to travel for the individual health of the enroll- wish to talk about today is what re- hundreds of miles for health care. ees but also to reduce the long-term form will mean for rural New Mexi- Whether it is lifesaving treatment for a costs of chronic disease in these pro- cans. heart attack or a basic preventive serv- grams. Our rural areas are the backbone of ice such as a mammogram, people are For instance, health care reform will America. It is where we grow our food. more likely to get the help they need provide Medicare beneficiaries with a It is where the values and traditions when they need it if the services are free visit to their primary care pro- that make our country unique con- close to home. Through incentives such vider every year to create and update a tinue to thrive. It is where the poten- as low-interest student loans, loan re- personalized prevention plan. These tial for a clean energy future grows payment programs, and scholarships plans can address health risks and brighter and brighter every day. Unfor- for students and midcareer profes- chronic health problems and design a tunately, our rural areas are also sionals, we can encourage more doctors schedule for regular recommended pre- places where the disparities in Amer- and nurses and specialists to establish ventive screenings. ica’s health care system are the most and grow their medical careers in rural Health care reform will also elimi- startling. America. nate out-of-pocket costs for preventive It shouldn’t matter whether one lives Finally, with health care reform, we services for Medicare beneficiaries, in a vast metropolis such as New York must better support rural hospitals making these services more affordable City or a frontier town in New Mexico. that serve large numbers of low-income and increasing the likelihood they will All Americans, regardless of where we and uninsured patients. This could be seek early care before the cost of treat- choose to call home, deserve access to through initiatives such as expanded ing a disease is prohibitive. quality, affordable health care. drug discount programs, increased For those enrolled in Medicaid, However, the reality is that right Medicare payment caps for rural health health care reform will offer tobacco now, where one lives does have a big plans, increased National Health Serv- cessation services to pregnant women, impact on whether they have access to ice Corps doctors, and expanded dem- create a new State option for providing quality, affordable coverage. Ameri- onstration programs to test reasonable chronically ill individuals with a cans living in rural areas are more cost reimbursement for small and rural health home aide to coordinate care, likely to be uninsured, and if they do hospitals. and encourage States to cover preven- have insurance, it can be very difficult tive services recommended by the U.S. to find a doctor. As a result, rural We will never achieve true reform in Preventive Services Task Force. Americans end up getting sicker, they our country if we don’t address the Again, these are all steps that begin have higher rates of chronic disease, very real health care challenges facing to reward preventive medicine and give and they are often forced to travel hun- rural Americans from the deserts of people the incentive to utilize such dreds of miles for preventive or emer- New Mexico to the mountains of Maine services. gency care, if they are able to find any and everywhere in between. The im- The PRESIDING OFFICER. The Sen- at all. provements I have outlined are a good ator has used 6 minutes. I have seen these disparities first- start, but there is more left to do, and Mr. KAUFMAN. Mr. President, may I hand, as a Member of the other Cham- I plan on talking about how we can ac- have 1 more minute? ber and now a Senator for one of the complish this in the coming weeks. Mrs. SHAHEEN. Yes, 1 minute. most rural States in the Nation. Geo- We have traveled a long way over the Mr. KAUFMAN. In short, the long- graphically, New Mexico is the fifth past few months. I applaud my fellow term financial viability of the health largest State in the country with more freshman Senators for standing up care system requires a focus on im- than 120,000 square miles of some of the each week and making sure their proving health and addressing the bur- most beautiful land that God created. voices were heard in this process. I be- den of chronic disease. Of the 2 million people who call New lieve, working together, we can create Health care reform gives us the Mexico home, about 700,000 live in rural a system where all people can find and chance to facilitate our health sys- areas. Several places in New Mexico afford quality health insurance that tem’s transition from one that focuses are so sparsely populated they are clas- provides the care they need. We can on just treating illness to one that is sified as frontier areas with less than guarantee quality, affordable health more designed to prevent or delay dis- six people per square mile. insurance to every American, and we ease onset and progression. Many of New Mexico’s rural residents must do that. It is time to gather our collective are farmers and ranchers, and they run Thank you, Mr. President. I yield to will and do the right thing during this their own businesses. Their only access the distinguished Senator from New historic opportunity by passing health to health insurance is often through Hampshire. care reform. We can do no less. The the individual market where coverage The PRESIDING OFFICER (Mr. American people deserve no less. can be extremely expensive, difficult to Thank you. obtain, and nowhere near as com- KAUFMAN). The Senator from New Mrs. SHAHEEN. Mr. President, I prehensive. As a result, rural Ameri- Hampshire. thank very much Senator KAUFMAN for cans pay nearly half of their health in- Mrs. SHAHEEN. I thank Senator giving us one more reason why we need surance costs out of pocket, and one in UDALL very much for giving us another to address health care reform. five farmers lives in medical debt. reason health care reform is going to I now yield 6 minutes of my time to With health care reform, we must en- be good for our families and for Amer- Senator UDALL of New Mexico. sure that America’s farmers and ranch- ica. Mr. UDALL of New Mexico. Mr. ers, as their small business counter- Now I wish to yield 6 minutes to the President, I thank very much the Sen- parts in more urban areas, have more Senator from Colorado, Mr. BENNET.

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.018 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10600 CONGRESSIONAL RECORD — SENATE October 21, 2009 Mr. BENNET. Mr. President, I wish health care-related and 78 percent of have resorted to lies and distortions to to thank the Senator from New Hamp- those health care-related bankruptcies try to scare the American people into shire for yielding, as well as the Sen- are happening to people who have in- siding with the big insurance corpora- ator from New Mexico for his excellent surance, working families who have in- tions. They talk about death panels comments. surance. I am tired of the fact that we and government takeovers and a lot of I am a father of three little girls who have public hospitals in Denver that 2 redtape between ordinary people and are 10, 8, and 5. One of the things I miss or 3 years ago spent $180 million of tax- their doctors. These myths have been most in being here and not being in payer money on uncompensated care debunked many times. They have had Colorado is being able to read to them for people employed by small busi- no basis in reality. at night or be with them. Over the nesses. I believe the American people are years, we have moved from one story So I think what we are talking about tired of the scare tactics and the dis- to another. Harry Potter is now being at the end of the day is trying to create honesty. They are too smart to fall for read. But I heard a story from Colorado some stability for our working fami- this kind of tactic. They are interested this morning that I couldn’t believe lies, trying to create some stability in the truth behind our reform pro- that reminded me so much of and some fairness for our small busi- posals. They just want to know: What ‘‘Goldilocks and the Three Bears.’’ So nesses that, after all, are paying 18 per- can health care reform do for me? that is what I wish to talk about today. cent more to cover their employees This is what reform with a public op- In Colorado, we have a young boy just because they are small. tion can do for all Americans: It can named Alex Lange who is 4 months old. Politics has gotten in the way of re- make insurers compete for their busi- He is 17 pounds. Several weeks ago he form of our health care system for ness. Reform with a public option will was denied insurance because of his more than 20 years. It has been longer restore choice to an insurance market ‘‘preexisting condition’’ which, in his than that. In the last 10 years alone, that is currently dominated by only a case, is obesity. Bernie and Kelli the costs of health insurance premiums few companies. In my home State of Il- Lange, his parents, tried to get insur- have gone up 97 percent in my State, linois, two companies control 69 per- ance and were told by an insurance while median family income has de- cent of the insurance market. In some broker that their baby was too fat to clined by $800 over this same period. places, the market is even more con- be covered. As his father said: This is unsustainable for our working centrated. As any businessman will tell [I] could understand if we could control families. It is unsustainable for us as us, as competition shrinks, profits what he is eating, but he is 4 months old. He an economy, for us to spend more than soar. That is bad for the consumer. is breastfeeding. We can’t put him on the At- twice what any other industrialized Between 2000 and 2007, profits in- kins diet or on a treadmill. country in the world is spending on creased by an average of 428 percent So that was one story of a child who health care. We can’t hope to compete among 10 of America’s top insurance is too fat to be covered. in this global economy when we are de- providers. Other insurance premiums Today we have the story of Aislin voting more than twice what anyone Bates. By the way, in the Lange case— are rising four times faster than wages. else is spending on health care. Big corporations have the American and I want the record to reflect this— We can do better. The commonsense the insurance company did the right people in a vice grip, and they are reforms that are in front of us and that squeezing them for extraordinary prof- thing, which is to say: We made a mis- I am sure are going to be improved take, and we need to cover this young its. It is time for this to end. upon in the coming weeks are a big If we reform the insurance industry man. step forward for working families and Today comes the story of Aislin and create a not-for-profit public small businesses. It is going to be a big health option, it will force private Bates who is 2 years old, 22 pounds, de- step forward for these young children nied insurance because of her ‘‘pre- companies to improve their prices and in Denver, CO, and in the rest of our their products. It will restore choice existing condition,’’ which is that she State who can’t be denied coverage be- is underweight. Rob and Rachel, her and competition to the market and will cause they are not ‘‘just right,’’ be- help make our insurance more afford- family, tried to get insurance and they cause they are too big or they are too received a letter saying: able. small or there is one other issue that If you like your current plan, no one We are unable to provide coverage for nobody anticipated. Aislin because her height and weight do not will force you to switch to a public op- Our families need help. They need tion. Understand: If you have your doc- meet our company’s standards. stability in order to get ahead. That is tor, you have your providers, and you Her pediatrician wrote a letter in why I support this health care reform have insurance coverage today, we are support of the family’s request to ap- effort. peal the insurance company’s decision, I wish to thank, again, the Senator not going to impact you. But if your but the company stuck by its decision. from New Hampshire for her leadership insurance provider isn’t treating you The Bates family has said it costs as this morning and throughout the right or is not giving you the coverage much to cover Aislin under COBRA as months as we have been talking about you need, you will have the ability to it costs to cover the remaining three this issue. I look forward to working shop around. You can buy a better pri- family members. with her in the coming weeks as we fi- vate plan that is guaranteed to be af- So in Colorado we have children who nally bring this matter into its safe fordable for someone of your income are too big to be insured; we have chil- harbor. level or you can choose the public op- dren who are too little to be insured. Thank you, Mr. President. I yield the tion which will set its premiums at an The reason this reminded me of floor. affordable rate. Then it will rely on Goldilocks was that it looks as though Mrs. SHAHEEN. I thank Senator those premiums to remain self-suffi- you have to be ‘‘just right’’ to get in- BENNET very much for yet another rea- cient. surance, even if you are an infant. son we must pass health care reform. These are the facts. This is what We can do better than that as a coun- Now I wish to yield 6 minutes to Sen- health insurance reform with a public try, and we are proposing to do better ator BURRIS from Illinois. option means to the American people: than that as a country. One of the most Mr. BURRIS. I thank the Senator competition, choice, and affordability. important parts of this insurance re- from New Hampshire. That is why I refuse to compromise on form is to get rid of denials of coverage Mr. President, this week my fresh- the public option because it is the only based on preexisting conditions. I have man colleagues and I have come to the way to give the American people the spoken to many people who work for Senate floor to answer a simple ques- quality affordable care they deserve. insurance companies that are tired of tion. It is a question we have been Let me be as clear as I possibly can. having to deny claims for this or for hearing from ordinary Americans I will not vote for any health reform that or relying on the fine print when across the country. They want to bill that does not include a public op- they know the right thing to do is to know: What can health care reform do tion. I ask my colleagues to stand with provide coverage. for me? me. We have been debating reform for I am tired of living in a country I believe this question deserves an almost a century. Now is not the time where 62 percent of bankruptcies are honest answer. Opponents of reform to back down. Now is the time to act

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.019 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10601 on our convictions. Let’s do this for surance. It also provides security and form and health care reform to address the American people. Let’s make a stability for people with insurance, ex- things such as preexisting conditions. public option a reality. pands access to health insurance for I talked about the fact that health I yield back my time to the distin- people without it, and it will stop care reform can both lower costs and guished Senator from New Hampshire. draining the finances of American fam- improve quality for Americans. Mrs. SHAHEEN. Mr. President, I ilies and the Treasury. The Finance Those are nine critical reasons why thank Senator BURRIS for pointing out Committee’s bill also includes these health care reform is going to be im- that we need health care reform to get critical elements. portant to help American families, competition in our health care indus- My goal is to send the President a American businesses, the American try. bill that gives people the peace of mind economy. I yield 6 minutes to the Senator from that if they change or lose their job, as The time to act is now. Hopefully, we North Carolina, Mrs. HAGAN. Tim did, they will no longer have to can act in a bipartisan way. But we Mrs. HAGAN. Mr. President, I am fear losing their health insurance too. must act to make a difference for this joining my colleagues on the floor Every single day I hear from North country and for families. today to discuss the need for health Carolinians who are looking for an op- Mr. President, I yield back the re- care reform and what it means for portunity to purchase quality afford- maining time in morning business. I Americans with preexisting conditions. able health insurance and protect their yield the floor and suggest the absence Millions of Americans live today families. Hard-working Americans, of a quorum. with what insurance companies de- such as Tim and Marilyn, simply can- The PRESIDING OFFICER. The scribe as preexisting conditions. They not afford to wait any longer. clerk will call the roll. I yield back my time. range from something as common as The bill clerk proceeded to call the Mrs. SHAHEEN. Mr. President, I asthma or diabetes to diseases such as roll. thank Senator HAGAN for yet another cancer or MS. Some insurance compa- Mr. JOHNSON. Mr. President, I ask nies, believe it or not, even consider a reason why health care reform is going to make a difference for Americans. unanimous consent that the order for C-section to be a preexisting condition. the quorum call be rescinded. Under our current system, if you are This morning, the freshman Senators have again talked about why we must The PRESIDING OFFICER. Without shopping for insurance on the indi- objection, it is so ordered. vidual market and you have a pre- pass health care reform. We have heard f existing condition, you are faced with nine very important reasons why health care can make a difference for one of three frightening choices: One, CONCLUSION OF MORNING American families. you could be denied coverage alto- BUSINESS We heard from Senator WARNER that gether; two, you could be charged an health care reform is going to be crit- The PRESIDING OFFICER. Morning exorbitant premium; three, you could ical to States as they look at the rising business is closed. be granted insurance with a rider that costs of Medicaid in their budgets and f stipulates your insurance company is how to get those health care costs EXECUTIVE SESSION not required to cover your preexisting under control. condition. We heard from Senator MERKLEY why Recently, I received an e-mail from a health care reform is critical to help NOMINATION OF ROBERTO A. family in Mooresville, NC, that truly small businesses as they are trying to LANGE TO BE UNITED STATES underscores why millions of Americans cover their employees and deal with DISTRICT JUDGE FOR THE DIS- living with preexisting conditions sim- the costs as they get out of this reces- TRICT OF SOUTH DAKOTA ply can no longer afford inaction on sion. The PRESIDING OFFICER. Under this issue. We heard from Senator BEGICH about Seven years ago, Tim became dis- why health care reform is critical as the previous order, the Senate will pro- abled and lost his job. Because he lost we are looking at economic recovery. ceed to executive session to consider his job, his wife Marilyn also lost her Health care costs are 18 percent of this the following nomination, which the coverage under his employer-provided economy, one-sixth of this economy, clerk will report. plan. Tim’s health care, which requires and we cannot allow those costs to con- The bill clerk read the nomination of his wife Marilyn to provide constant tinue to grow at this rate and expect Roberto A. Lange, of South Dakota, to home care, is covered by Medicare. But we are going to be able to recover be U.S. District Judge for the District Marilyn has Osler’s disease, which is a robustly from this recession. of South Dakota. blood disease considered to be a pre- We heard from you, Mr. President, The PRESIDING OFFICER. Under existing condition by her insurance about why health care reform is going the previous order, there will be 2 company. Marilyn is only able to pur- to improve prevention and wellness. hours of debate equally divided and chase a high-cost, high-deductible plan. The goal is to make us a healthier pop- controlled between the Senator from Compared to Tim’s illness, her condi- ulation, and health care reform can Vermont, Mr. LEAHY, and the Senator tion is relatively minor. But over the help spur that. from Alabama, Mr. SESSIONS, or their last 7 years, they have racked up more We heard from Senator BENNET about designees. than $72,000 in debt for her health care. why health care reform is going to help The Senator from South Dakota. And this past year, her health insur- people who already have health insur- Mr. JOHNSON. Mr. President, a few ance premiums cost more than the ance, to make that health insurance weeks ago I stood here on the floor and mortgage on their home. better provide for families who need it. offered my support for Jeff Viken to be Unfortunately, there are millions of We heard from Senator BURRIS about a District Judge for South Dakota. Americans all across our country such why health care reform is going to be That nomination passed with a vote of as Tim and Marilyn who are literally critical to making health insurance 99 to 0. Today, I am here to encourage one medical emergency away from companies compete for business and, my colleagues to offer the same sup- bankruptcy. This couple is sick and therefore, better accommodate the port for Roberto Lange, also a nominee stuck. health issues families have. to be a District Judge for South Da- Over the last 10 years, medical pre- We heard from Senator UDALL about kota. I spoke at that time of the im- miums in North Carolina have sky- why health care reform is going to portance of Federal judgeships and the rocketed, increasing 98 percent, while make a difference for rural areas, lifetime tenure of these appointments. wages, on the other hand, have in- places such as the north country of The lifetime appointment of a Federal creased only 18 percent. New Hampshire where we have too judge is a very serious decision; one The Health, Education, Labor, and many people who have to spend too that has a lasting impact on our de- Pensions Committee, of which I am a much and go too far for their health mocracy. member, crafted a bill that ensures a care. When I last spoke on the floor nearly preexisting condition never again pre- We heard from Senator HAGAN about a month ago, only two judges had been vents anyone from obtaining health in- the importance of health insurance re- confirmed—including now-Justice

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.023 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10602 CONGRESSIONAL RECORD — SENATE October 21, 2009 Sotomayor. That day, we confirmed a needs of our commanders and troops on Even if the naysayers continue to ig- third judge. That confirmation was Jeff the ground. I was concerned then, as I nore this important truth about secu- Viken to fill a vacancy in my home am now, that continued wavering by rity in Afghanistan, yesterday’s an- State of South Dakota. Since that time the administration and others in Wash- nouncement that a run-off election will no other judges have been confirmed by ington could unravel the hard work by now be held on November 7 has made the Senate. I am proud to have both our military and intelligence profes- that red herring of an excuse gone and the third and the fourth judges con- sionals on the battlefields of Afghani- useless. In light of this electoral proc- firmed by the Senate this Congress to stan. ess in Afghanistan and the progress be for the District of South Dakota. As the ‘‘friendly’’ death toll con- that has been made, what are we hear- However, it is my understanding that tinues to rise in Afghanistan, political ing from the White House? As though there are currently ten other judicial indecision here in Washington persists. this decision seemed something to be nominations pending on the Executive We have heard no firm commitment applauded, the administration con- Calendar. We are lucky in South Da- from the administration to the fully tinues to proclaim its indecision. kota to have our vacancies filled so resourced counterinsurgency strategy Today, the White House press secretary quickly, but I encourage my colleagues the President forcefully outlined last said, ‘‘It’s possible,’’ but there are no to act swiftly to fill these other vacan- spring. I came to the floor and I sup- guarantees that a decision may be cies. ported the President’s counterinsur- made before the election—17 days from Mr. Lange has an impressive back- gency strategy fully; and with General now. More people killed, more progress ground. He has over 20 years of experi- McChrystal’s recent report to imple- for the Taliban, more wondering and ence practicing law in South Dakota. ment that strategy to deal with the hesitancy by the Afghans we are trying Before that, he clerked for the very situation in Afghanistan, I fully sup- to serve. same docket that he has been nomi- ported President Obama’s statements It is a simple question: Will we sup- nated for. He attended Northwestern in March. port President Obama’s commanding University School of Law on a full tui- But instead of commitment, the past general, Stan McChrystal, or not? I have heard some pundits opine that tion scholarship where he was on the few weeks have brought a flurry of in- delaying a few more weeks won’t make dean’s list every semester. Prior to ternal debate in the administration any difference because it will take that, he completed his undergraduate and in the media about the basic tenets some time for troops to get there any- degree at the University of South Da- of the strategy and assessment—coun- way. Using that logic, no decisions kota, my law school alma mater. In ad- terinsurgency versus counterterrorism; need to be made for months. But it is dition, Bob has received a well-quali- clear, build and hold, or fire and fall pretty clear postponing any decision fied rating from the American Bar As- back; more troops versus fewer strat- egy; crafting a strategy or crafting a simply postpones the date of actual en- sociation. gagement. And even the right strategy I am proud to have put Bob’s name strategic message. In what must be a won’t work if it is not implemented on forward for this post. It is a great historic first, it appears I am more sup- time. We are losing time, and it can honor that President Obama has placed portive of the President’s own strategy never be recovered. It certainly won’t than the President is. on Bob with this nomination. South work if it is never acknowledged as our Dakota will be well served by this se- Amidst this indecision, our Afghan people, our NATO, ISAF, regional al- strategy. lection. I congratulate Bob and his Defense Secretary Gates waved a red lies, and our own troops wait. The Af- family on this accomplishment. flag recently, noting that the United ghans wait to hear if the United States It is with great confidence in his States cannot wait for questions sur- will continue to stand beside them in abilities that I will cast my vote today rounding the legitimacy of the Afghan spite of the growing threats of the in- for the confirmation of Roberto Lange Government to be resolved before a de- to be the next U.S. Federal District surgent violence of the resurgent cision on General McChrystal’s troop Judge for South Dakota. I urge my col- Taliban control. Our allies wait to see request is made. He understands what I leagues to support this very qualified if they were wrong to put trust and believe is a simple truth: The longer we nominee. confidence in the U.S. leadership in the wait, the stronger and more deter- Mr. President, I suggest the absence region. Our military forces and brave mined the enemy gets. of a quorum, and I ask unanimous con- civilians who serve in Afghanistan Read the papers. Violence is up this sent that the time under the quorum under constant stress and mortal dan- season over last. Violence is up this call be equally divided. ger wait to see if their sacrifices and year over the last. The Taliban con- The PRESIDING OFFICER. Without those of their fallen comrades will have tinues to gain influence in parts of Af- objection, it is so ordered. The clerk been in vain. ghanistan. We keep fighting with what will call the roll. We have heard excuse after excuse, we have, but the insurgents keep get- The bill clerk proceeded to call the constant attempts to justify delay. ting stronger. We cannot and must not roll. Over the past week, another red her- wait any longer for a decision. Mr. BOND. Mr. President, I ask unan- ring was floated by some officials—we It comes down to this: Delay leads to imous consent that the order for the have to wait until the dispute sur- defeat, not victory. Our commanders in quorum call be rescinded. rounding the Afghan elections are re- the field—the real experts who see The PRESIDING OFFICER. Without solved. This red herring—and those firsthand what is required for victory— objection, it is so ordered. people peddling it as an excuse—has have asked for more boots on the Mr. BOND. Mr. President, I ask unan- missed a truth even more applicable to ground, and there is no reason not to imous consent to speak up to 15 min- the mountains and villages, and our give them those troops now. While poli- utes as in morning business. towns and cities here in America—all ticians and pundits debate here, the The PRESIDING OFFICER. Without politics is local, and so is the security enemy is building strength and estab- objection, it is so ordered. that the Afghan people need. lishing even greater control over Af- AFGHANISTAN/PAKISTAN STRATEGY While we would all like to see a pris- ghanistan, the Afghan people, and fu- Mr. BOND. Mr. President, I rise tine election in Afghanistan—some- ture generations of potential terror- today to renew my call for President thing we still haven’t accomplished 100 ists. While we talk here, American he- Obama to give full support to his top percent in our own Nation—the roes and our ISAF and Afghan allies military commander in Afghanistan, Taliban is not waiting for election re- are dying in increasing numbers in the GEN Stanley McChrystal. sults as they continue to kill our barren regions of Afghanistan. Several weeks ago, I stood in this troops and attack the people of Af- In a war where winning hearts and Chamber and made the case for our ghanistan and gain momentum. Secu- minds is critical, delay in Washington Congress and the American people to rity in Afghanistan will not come from is a public diplomacy disaster in Af- hear directly, and as soon as possible, Kabul. It will have to be built village ghanistan and abroad. It advertises our from General McChrystal to ensure by village and valley by valley. That is lack of resolve to our allies and the that political motivations here in what the counterinsurgency strategy is people of Afghanistan. The Afghan peo- Washington do not override the vital designed to do. ple have been disappointed by the

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.001 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10603 United States before. Now they need to this reason, I was disappointed to learn one part of this regional conflict will know with certainty that the United yesterday of the House majority lead- ultimately hand victory to the world’s States will not abandon them again in er’s criticism of Members of Congress most violent and feared terrorists—the this fight against terrorism. Our allies, who are calling on President Obama to same terrorists whom our Nation wit- who are at this very moment being make a decision now. Well, I am one of nessed firsthand attack so brutally, urged by the Secretary of Defense to them. violently, and with such deadly force contribute to the Afghan campaign, The majority leader, in trying to jus- on September 11. need to know that we will remain by tify the administration’s wavering, ac- We have seen polls that signal waver- their sides to defeat this enemy to- cused Republicans of abandoning their ing support among the American peo- gether. Instead, the message we are focus for the past 7 years. I don’t hap- ple for this war in Afghanistan. But I sending is one of absurdity. pen to think that is true. But whatever have faith in the American people. Imagine this diplomatic sales job: We your opinion on the matter is, it is They are resilient, they are proud of send a diplomat out and say: ‘‘Friends simply no longer relevant. The actions their country, and they understand the in Afghanistan, we would like to keep of one administration do not justify price of doing nothing. They are deter- fighting the good fight against the ter- handing victory to terrorists through mined the sacrifices of their sons and rorists and insurgents, but we haven’t the indecisiveness of another adminis- daughters, husbands, wives, and chil- yet decided how strong our commit- tration. The battle before us in the Af- dren serving in Afghanistan will not be ment is.’’ I would like to see that mes- ghan/Pakistan region is today. General in vain. We owe them no less. sage sell. And to our allies around the McChrystal has laid out an implemen- I call on President Obama to end this world: ‘‘We would really like for you to tation of the winning strategy for Af- indecision and to show the American contribute more troops and resources ghanistan, which the President set out, people and our allies the same resolve for this fight, but we need a few more and the President’s decision is simple: and determination I heard in his words weeks to decide what our contributions Do we implement it or not? of last spring. It is time for him to will be.’’ That message isn’t going to The answer should be simple. By an- speak out, to make the decision, ex- work either. nouncing publicly his unequivocal sup- plain why it is important, and to carry I strongly doubt this new brand of port for General McChrystal’s request, that message not just to Americans public diplomacy will sell for much in agreeing to send the troops that are but to allies and enemies throughout the streets of Kabul or the villages of needed, the President can send a mes- the world. Last spring he said: Nangarhar. What this message does tell sage of firm resolve to our enemies and Our spirit is stronger and cannot be bro- the people of Afghanistan and the key to our allies. He can give our com- ken; you cannot outlast us, and we will de- Shura leaders across the country is: manders on the ground—the same mili- feat you. Don’t trust the Americans, and instead tary experts he chose for this mission— General McChrystal has said we must look to the Taliban as the most likely the resources they have requested. He act quickly to defeat the terrorists and force for the future in Afghanistan. A can create a strategic communications insurgents. Now is the time for Presi- disaster. plan that tells our enemies, our allies, dent Obama to support his commanders Perhaps even more troubling is the and the American people of our inten- on the ground and silence the pessi- message this wavering sends to our ter- tions for the region. mistic political winds whispering de- rorist enemies. If they simply wait us The last point is particularly impor- feat in Washington. out, we will go home in defeat. While tant. We are at a crossroads in Paki- Mr. President, I yield the floor. the administration dithers, the terror- stan. We can take the road of expedi- I suggest the absence of a quorum, ists have honed their own message of ence and continue to listen to Paki- and I ask unanimous consent that the hatred and extremism. Radical Islamic stani officials, who claim they have no time during the quorum be charged terrorists have staged suicide attacks control over the Taliban, have no idea equally to both sides. for maximum publicity, propagandized where Mullah Omar is, and have only The PRESIDING OFFICER. Without their message on the Internet, and con- limited capability to decrease terrorist objection, it is so ordered. The clerk vinced their fellow terrorists-at-arms safe havens in their country or we can will call the roll. that they will defeat the international take the better path and encourage our The bill clerk proceeded to call the community. Pakistani allies to reclaim their na- roll. In the years leading up to the 9/11 at- tional sovereignty in the tribal areas Mr. CARDIN. Mr. President, I ask tacks, al-Qaida—operating under the and provide the stability and security unanimous consent that the order for Taliban control in Afghanistan—was that is the right of a people to expect the quorum call be rescinded. emboldened by our lukewarm response from their government. I believe I The PRESIDING OFFICER. Without to their attacks and provocations. speak for many of my colleagues when objection, it is so ordered. Failing to commit to victory now will I say we should expect more from our Mr. CARDIN. Mr. President, I ask only embolden these enemies of free- allies to whom we give so much. But unanimous consent that during debate dom that much more to stage more at- they need to hear that we are serious on the nominees, all time during tacks. about our mission there as well. Paki- quorum call and recess be charged Let there be no doubt, from all that stan has the right to be concerned equally to the majority and minority I have read and all that I have learned when the United States appears to be sides. in my travels to the region, and heard faltering in its determination to re- The PRESIDING OFFICER. Without here, if we fail now, if the Taliban re- main in the fight. We failed in this re- objection, it is so ordered. turns to power in Afghanistan, the gion in the past, so we should not be Mr. CARDIN. Mr. President, I take price we pay in the future will be far surprised if our continued wavering in- this time to bring to the attention of greater than any price General stills heightened insecurity. I have spo- my colleagues the effect these holds— McChrystal is asking us to pay now. ken in this Chamber before about the in most cases anonymous holds that We have to decide which price we are importance of including Pakistan in are being placed by Senators on judi- going to pay. our efforts to defeat terrorism in the cial appointments—are having on the The stakes are high. General region. Afghanistan and Pakistan are lives of judicial officials and on the ef- McChrystal’s strategic assessment inextricably linked. More aggressive fectiveness of the judicial branch of makes clear the situation in Afghani- action may become a good thing in government. stan is deteriorating and the Taliban is Pakistan, but such action should be in So far, President Obama has nomi- gaining momentum. The causes of this addition to, not as a substitute for, giv- nated four circuit court judges who are deterioration have been debated by my ing our troops in Afghanistan all the awaiting confirmation. One of those is colleagues countless times over the resources they need. Andre Davis to the Fourth Circuit of past several years. Pointing fingers for While denying al-Qaida and Taliban Maryland. I mention his name because past judgments or even past mistakes, militants sanctuary in the border re- he was appointed by President Obama however, does nothing to solve the gions of Pakistan is critical, a fire-and- early this year. The Judiciary Com- problems of today in Afghanistan. For fall-back-only approach focusing on mittee held a hearing in April of this

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.025 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10604 CONGRESSIONAL RECORD — SENATE October 21, 2009 year. In June, the Judiciary Com- tant that we all speak out, whether care is a quality system that allows mittee recommended his confirmation Democrats or Republicans. It is just the kind of reimbursements so we can by a strong bipartisan vote of 16 to 3. wrong. It is time to move these nomi- continue to have the quality of pro- When we finally get a chance to vote nations to the floor of the Senate and viders, physicians, and others we have on Judge Davis’ confirmation to the to have votes up or down on these today. court of appeals for the circuit court, I nominees. This bill, S. 1776, would allow us to do am confident it is going to be a lop- I urge my colleagues to let us get on away with what has become a very sided vote among the Members of the with the business we were elected to flawed process. Every year we postpone Senate. Yet we have been denied the do, to advise and consent to the Presi- the cuts that have been proposed be- opportunity to confirm his appoint- dent’s appointments. If we have a prob- cause we know they are flawed. We ment because some Senators put on a lem with an appointment, let’s speak know this time of year, if we do not hold. Every time we tried to get a time out against it and let’s have that type take action, there would be a 21-per- agreement, which everybody says is of debate. But delay for delay’s sake is cent cut in Medicare for physicians reasonable, there was an objection. I do not befitting the Senate. I urge my col- who serve our seniors and people with not believe it is aimed at Judge Davis; leagues to allow these appointments to disabilities. Because Medicare and I believe it is a strategy by my Repub- go forward with up-or-down votes on TRICARE are tied together, that cut lican colleagues to slow down the con- the floor of the Senate. would also affect our military men and firmation process of judges. I don’t I yield the floor and suggest the ab- women and their families and retirees know why. I really do not understand. sence of a quorum. from the military. So, of course, we do When we have a judge who is qualified, The PRESIDING OFFICER. The not want that to happen. We are not who is not controversial, why would we clerk will call the roll. going to allow that to happen. But deny the judicial branch of government The bill clerk proceeded to call the rather than every year—every year, the judge it needs in order to carry out roll. every year—deciding at the last minute its responsibility? Why would we put Mr. CARDIN. Mr. President, I ask we are going to stop these devastating people through this process of waiting unanimous consent that the order for cuts, putting physicians in the situa- for the Senate to confirm when it is the quorum call be rescinded. tion where they are not sure how to clear the overwhelming majority is in The PRESIDING OFFICER. Without plan, worrying our seniors, worrying support of the confirmation? I think objection, it is so ordered. those in our military and retired mili- Mr. CARDIN. Mr. President, I ask Judge Davis presents an example. Let tary personnel, now is the time to unanimous consent that the final 30 me try to put a face on it. You hear the change the formula to stop it. numbers, you hear the statistics, but minutes prior to the 2 p.m. vote be re- By doing that, by passing this legis- each one of those holds represents an- served for the chair and ranking mem- lation, we then set the stage for health other person being denied the oppor- ber of the Judiciary Committee or care reform where, in fact, under EAHY tunity to serve as a judge. their designees, with Senator L health care reform, we have a different controlling the final 15 minutes. Judge Davis has an extremely long set of incentives. We focus on strength- The PRESIDING OFFICER. Without and distinguished career in the Mary- ening Medicare in a way that improves land legal community. He graduated objection, it is so ordered. Mr. CARDIN. I suggest the absence of quality access for seniors. We focus on from the University of Pennsylvania a quorum. incentivizing prevention. We focus on cum laude and with a JD degree from The PRESIDING OFFICER. The incentivizing primary care doctors the University of Maryland School of clerk will call the roll. with a different system that will pro- Law, where he still teaches classes as a The bill clerk proceeded to call the vide bonuses and payments for our pri- faculty member. He has been a judge roll. mary care doctors. on the District Court of Maryland since Ms. STABENOW. Mr. President, I ask So we have a new system. We have a 1995 when he was confirmed by the Sen- unanimous consent that the order for new vision for strengthening Medicare, ate. He has had a long career—22 the quorum call be rescinded. strengthening our health care system. years—as a district court judge. He has The PRESIDING OFFICER. Without But right at the moment, we also have presided over literally thousands of objection, it is so ordered. this failed system in place that we are cases. Many of these have gone to ver- Ms. STABENOW. Mr. President, I ask kind of stuck with unless we can say: dict and judgment. His record is one consent to speak as in morning busi- We are done. We are going to start which lawyers and his colleagues on ness. again. We are going to start from a dif- the bench praise as being well bal- The PRESIDING OFFICER. Without ferent budget baseline, and then move anced, as that of a judge who under- objection, it is so ordered. forward on health care reform. stands the responsibilities of the judi- MEDICARE PHYSICIAN FAIRNESS ACT That is exactly what I have been cial branch of government. He tries to Ms. STABENOW. Mr. President, I wanting to do with this legislation. call the cases as the law dictates, and rise today to speak about a motion we That is why I am so appreciative of the there is absolutely no blemish on his will be voting on after the nomination fact that our majority leader, Senator record as a trial court judge. He has that is currently before the Senate, REID, understands and is committed to been praised by lawyers in Maryland as and that is the motion to proceed to a making this change. His commitment smart, evenhanded, fair, and open- very important bill for seniors on to Medicare, his commitment to our minded. He has received a ‘‘well quali- Medicare coverage, for the disabled, for seniors, our military personnel, and to fied’’ rating from the American Bar As- those who are in our military and their our physicians is the reason we are sociation Standing Committee on the families. It relates to the way we reim- here today. So I am so grateful to him Federal Judiciary. He will add diver- burse physicians under Medicare and for all of his commitment and all of his sity to the Fourth Circuit. When con- under TRICARE. It is called the Medi- work. But this needs to be changed firmed, he will be the third African- care Physician Fairness Act. right now. American judge to serve in the Fourth This is an effort to eliminate what As I indicated, we have a system that Circuit. has become a very flawed formula for supports our Medicare system, covers I bring to your attention and to the determining the payments for physi- seniors, the disabled. We also tie it to attention of my colleagues Judge Davis cians under Medicare. our military health care system, mem- because we have to bring an end to We, in fact, know it is flawed because bers of the U.S. military, surviving these holds where a judge is being held in the last 7 years, the last seven times spouses, families, military retirees, not because he is controversial, not be- that proposals have come forward from and their families. All of them are ex- cause there is a problem, not because this formula to cut physician pay tremely supportive. In fact, it is not an you want additional information, but under Medicare and TRICARE, this exaggeration to say this is a top pri- just to slow down the process. That is Congress has chosen to reject that rec- ority, if not the top priority, of the wrong. That is an abuse of the respon- ommendation, that cut. AARP and those who advocate for sen- sibilities of each one of us, of the power We want to make sure seniors can iors right now to give seniors the peace each Senator has. I think it is impor- have access to their doctors, that Medi- of mind to know they are going to be

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.027 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10605 able to have access to their doctors and bill. I know there are those with in succeeding votes in the Senate and that their doctors are going to have amendments they would like to offer. I most immediately in the health care the resources they need to be able to would hope that we would see a strong reform debate we will soon take up on treat them. bipartisan vote to simply go to this the Senate floor. This bill would make sure that hap- bill. I think the seniors of this country We did not get into this terrible situ- pened by rejecting what has been a deserve that. ation with our Federal deficit and debt failed system. We can go right on down I think all of those who care about because there were people in the House the list. We not only have strong sup- health care for our senior citizens and or in the White House over the last sev- port from the American Medical Asso- the disabled, our families, our military eral years who had bad motives or bad ciation and other physician groups but personnel deserve that; to have the op- values. In fact, in most of the cases, those who represent our military. Mili- portunity to go to this bill, to be able such as this, when money has been al- tary officers and their families and re- to work on it together, and to be able located, appropriated for programs, it tirees are extremely supportive. to pass this bill and permanently solve has been done with the best of inten- I am very proud of the work that this problem. tions. But the ultimate effect has been over 20,000 physicians in Michigan do I am very grateful for the fact that bad for our country and our future be- every day providing to more than 1.4 the President of the United States not cause it has put us into a position of million seniors and people with disabil- only supports this effort, his adminis- national debt that is unsustainable, ities in Michigan the quality care they tration’s budget, the budget he gave us that threatens to cripple our economic need and deserve. at the beginning of this year, his very recovery and burden our children and We have over 90,000 TRICARE bene- first budget, he put forward a budget grandchildren and beyond so that they ficiaries, men and women in our mili- that did not include going forward with tary, retirees who are receiving high- do not live in a country with the kind the cuts in this flawed formula. of economic dynamism and oppor- quality medical services in conjunction His budget baseline started from a with the Medicare system. We are very tunity in which we were blessed to be premise that we would not be making raised. proud of that, and we want to make these cuts going forward. I believe that sure we are maintaining that as well. In some sense, if I would be allowed is where we should be. We should be to paraphrase, I would say the road to Let me go through again what we are making sure we stop the Band-aid ap- trying to make sure we can fix. One, an unsustainable, damaging, American proach. Stop this effort that has gone national debt is paved with good inten- this legislation would repeal the cur- on year after year and create an honest rent broken system. It would stop a 21- tions, with votes for good programs. It budgeting process so that we can make just is time for us together, across percent cut to our physicians under sure our seniors have confidence in the Medicare and TRICARE, which would party lines, to sound the alarm, blow future; that they are going to be able the whistle, and make choices regard- be devastating. It would stop what is a to see their doctor under Medicare, and Band-aid approach every year. We ing priorities. that physicians have the confidence of We cannot have, no matter how good know we are going to fix it. We fix it knowing they are supported by a every year individually for that year, or worthwhile, programs for which we strengthened Medicare system. are not prepared to pay. The numbers always at the last minute. So I am very hopeful we will see a It is time to change that process. I are stunning. I am privileged to be strong bipartisan vote to allow us to believe this is honest budgeting be- serving my 21st year in the Senate. The move to this very important measure cause we know we are not going to numbers of our Federal indebtedness to strengthen and protect Medicare of allow these cuts to take place. So we today are so shockingly high that if the future. you told me that 21 years ago or 10 should do away with this process that I yield the floor. years ago or even 5 years ago, I simply even proposes these cuts every year The ACTING PRESIDENT pro tem- would not have believed it. and lay the foundation for real physi- pore. The Senator from Connecticut. cian payment reform, which is in the Mr. LIEBERMAN. Mr. President, I The fiscal year that ended on Sep- legislation. rise to declare to my colleagues that I tember 30, fiscal year 2009, we now Let me share with you a letter from intend to vote against cloture to pro- know, learned about a week ago, Amer- a medical clinic in southwest Michigan ceed on the motion to proceed to this ica ran a deficit of $1.4-plus trillion. We where physicians wrote to me. measure regarding the sustainable know America now has an accumulated Every year we have to wait to the last growth rate. long-term debt of $12 trillion. minute to see if the rates will get cut or I want to explain why. I thank Sen- We know the Congressional Budget fixed. This makes it impossible to budget Office has projected that over the next and project for the next year. Especially for ator STABENOW for her leadership, and practices like ours, with nearly 50 percent of to say this is one of those moments 10 years, we will run deficits that will our patients are Medicare patients. With the where substantially I agree with just add $9 trillion to the long-term debt. uncertainty and the increases that we do get about everything she had to say about So $12 trillion now, add $9 trillion, and not keeping up with the cost of living, we the inadequacies of the sustainable that is $21 trillion of debt. It is unbe- have to err on the side of caution, which growth rate formula which was put in lievable. We say it is unsustainable. leads us to job cuts. Though we need the in the late 1970s as part of what turned That is a big word. What does staff to provide the best patient care be- out to be a very effective attempt to ‘‘unsustainable’’ mean? It means that tween Medicare and Medicaid we can’t afford at some point this size debt is going to to keep them and stay in business. If the un- bring fiscal responsibility, budget bal- certainty continues we will be forced to re- ancing, even a surplus. cripple the economic recovery that is evaluate our patient population as well, Believe it or not, at the end of the just beginning. It is going to create leaving the Medicare patients with no Clinton administration, historians may hyperinflation because at some point choices for the care that they need. note, perhaps people will forget, we ac- people are going to stop buying our This is really the bottom line. We tually had a Federal Government sur- debt and we will have to raise interest want to make sure physicians are fully plus. But it turned out that this sus- to get more people to do so. At some participating in caring for our senior tainable growth rate formula for the point, if we don’t fix this, the govern- citizens, for people with disabilities in reimbursement of doctors was not ment is going to be left with no alter- this country. We want to make sure workable and unfair and has resulted native but to print more money. That Medicare is strong. We want to make in the refusal of a lot of doctors to is the road to inflation, to lost jobs, sure we are protecting it going for- treat patients under Medicare. and to a lower quality of life. ward. In order to do that, we have to So why would I not vote for cloture All these things we have done, which start from the premise that we will not to proceed to take up this matter, and seemed necessary at the time, which be allowing these cuts or the possi- then vote for it? It is because there are are good, we have to pay for them or bility of these cuts to go forward year larger questions involved. In some else this will not be the country we after year after year. sense, I think this is a precautionary want it to be for succeeding genera- The vote we are going to have in tale, the vote on this matter. It is a tions. We are going to reach a point front of us is a vote to proceed to the precautionary tale of what we will face where we will not have the money to

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.028 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10606 CONGRESSIONAL RECORD — SENATE October 21, 2009 do the first thing the Federal Govern- because there is a greater harm being on the motion to proceed to the Medi- ment is supposed to do, which is to de- done to our country. care Physician Fairness Act. fend the security of the country, to The speed with which this Medicare I yield the floor. provide for the common defense in Physician Fairness Act has come to The ACTING PRESIDENT pro tem- what is, obviously, a dangerous world. the floor and taking it out of health pore. The Senator from South Caro- This is a precautionary tale, a pre- care reform where it certainly belongs lina. cautionary vote. We are coming to a is also a precautionary tale. Mr. GRAHAM. Mr. President, I will big debate on health care reform. I am I have said I am against the public vote against the motion to proceed. Be- for health care reform, but it is not the option for health care insurance, essen- fore Senator LIEBERMAN leaves the only thing I am for. In fact, at this mo- tially a government-owned health in- floor, I want to say again, of all the ment in our history, it seems there are surance plan, one, because we believe people I have met in the Senate, he two things that matter more to our in a market economy and a regulatory constantly amazes me, because there is country than health care reform, al- government. We believe a market econ- no doubt he is doing this because he be- though I wish we could do them all. omy is the best way to create economic lieves passionately that America is at One is to sustain the recovery from the growth and wealth. It serves the Amer- a crossroads and this is making the deepest recession this country has had ican people very well. We also know problem worse, not better. I am on a since the Great Depression of the 1930s. that a market economy of itself bill with him—there are seven Repub- We are just beginning to crawl our way doesn’t, as somebody long ago said, licans and seven Democrats—that is a out of it. Gains in gross domestic prod- have a conscience. So the government comprehensive solution to our health uct look as though they are coming, sets rules. We have oversight. We have care needs. It is the Wyden-Bennett but it is fragile. It is not robust. Of regulatory rules. We have antitrust bill. It mandates coverage, but we do it course, almost 10 percent of the Amer- laws, for instance. That is the way we through the private sector. ican people are out of work. In fact, it maintain fairness in the economy, in I want colleagues to know that Sen- is higher than 10 percent. To me, the the marketplace. I don’t remember an- ator LIEBERMAN has been constructive top priority we all should have—and I other case where our answer to a con- in trying to find a bipartisan com- speak for myself—is to sustain the eco- cern about fairness in the market- promise that will allow us to deal with nomic recovery to get people back to place—in this case, whether there is health care inflation, which is a prob- work, to keep our economy strong. real competition in the health insur- lem in the private sector. He practices what he preaches, trying to solve prob- The second—and it is related to the ance business, whether the health in- lems. As he explained it, the Senator first—is to begin to deal with the ter- surance companies are being fair in from Mississippi and I were sitting here rible imbalances in our Federal books their rates, et cetera, which are all rea- talking. There is not much of that that will compromise the economic re- sonable questions—I don’t remember around here in politics now, where one covery and cripple our economic future another case where the answer was to would come out and take on an issue and the opportunity our children and create a government-owned corpora- that is being pushed by leaders of the grandchildren will have in the future. tion to compete with the private sec- Democratic Party. He is an inde- It means we have to make choices. In tor. pendent Democrat, but he articulated the coming health care debate, we have I spent 6 great years serving as attor- the reason in a way most Americans to make sure, as the President said, ney general of Connecticut. We sued a really appreciate. that there is not one dime added to the lot of businesses for unfair trade prac- Doctors have a problem. In 1997, we deficit as a result. We have to make tices, for bid rigging, for price fixing. tried to balance the budget with Presi- sure that what we do within the con- We appeared before regulatory commis- dent Clinton, the Balanced Budget Act text of health care reform not only sions on behalf of the people of the of 1997. When we looked at how we doesn’t increase the deficit and the United States, all sorts of businesses. could sustain a balanced budget, we long-term debt but doesn’t add cost But nobody ever had the idea that in- had to go to where the growth was in and increase premiums, for instance, stead of us doing that, we should create the budget. The big programs were on working people, middle-class fami- a government oil company, a govern- Medicaid and Medicare, the entitle- lies to pay for their health insurance ment car company, a government com- ments. Eventually, those two programs and on businesses for which we need to pany to sell automobiles, a government will cost the equivalent of the entire provide every incentive to add workers, company to take care of roof con- Federal budget today in 20 or 30 years. to grow, to sustain the recovery as it tracting. I could go on and on. One of If we want to balance the budget, we exists now. the reasons is, particularly now, I don’t have to slow down entitlement growth. Those are the standards I will apply have confidence that we can discipline Medicare is one of those programs to my own action on the health care ourselves from making it into another that have grown dramatically. When it reform proposal. I want to be for health cause of the skyrocketing Federal def- first came about, it was a $4 billion care reform. I am for health care re- icit. safety net. They projected that Medi- form. I know the system needs to be This bill is evidence of that. Here is care would cost $37 billion in 1990. It changed. But this is a precautionary a good cause, a group we all respect, was like $90-something billion. It is vote coming up because while the the doctors, saying: We need this 10- $400 billion today. Those who designed Medicare Physicians Fairness Act, year fix to the problem. And we just the Medicare Program as a safety net which would repeal the sustainable did it. This really ought to be done as for senior citizens without health care growth rate formula, is substantively part of overall Medicare reform. We did a good thing, but from then until just, it is not paid for. It adds almost have to have a commission. We have to now, it has become a $400 billion item $250 billion to the debt for the coming have some system to deal with the that is eating up the entire budget. years. I don’t think we can do that great threats to our economic future. In 1997, we recalculated the growth anymore. Medicare is going to run out of money rates to be paid to doctors and hos- I am relieved to know, in terms of in 2017, 8 years from now. Social Secu- pitals. Since then, doctors and hos- the immediate impact of my vote rity is already dipping into the trust pitals have been saying that we cut re- against cloture on this matter, that if funds, taking more out than we are imbursements to the point that they cloture is not obtained, the health care getting in. It may change in a year or can’t take Medicare and Medicaid pa- reform bill that came out of the Senate two, but that is the way it is. tients and it is hurting their ability to Finance Committee does take care of With respect to the sponsors of this stay in business. About 60 percent of the problem with the sustainable proposal, the Medicare Physician Fair- their income comes from the Federal growth rate for another year. That ness Act, the doctors’ associations that Government. I don’t doubt that is true. gives everybody—doctors and, most im- I know would like us to vote for it, I What we did is just nickel and dime portant, Medicare recipients—breath- think 1 year is enough; 1 year paid for doctors and hospitals and never reform ing room. We can’t go on spending is enough. To do more than that now is Medicare. without paying for what we are spend- wrong and irresponsible, and therefore So Senator LIEBERMAN is right. To ing, no matter how good or right it is, I will vote against the cloture motion help doctors and hospitals and the

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.029 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10607 country achieve a balanced budget, we not want to do that because we are job, but there are a lot of jobs harder will have to fundamentally reform asking too much of doctors and hos- than being a Senator, I can assure you. Medicare, and the doctor fix should be pitals and we did not reform the sys- But right now, the system we have to part of that effort. tem as a whole. fund Medicare, the trust fund, will run What we are doing here is making a Mr. President, $245 billion added to out of money in about 4 years. But ba- promise we can’t afford to pay. We are the debt is no small thing. What I hope sically I am paying the same amount going to tell the doctors: Don’t worry will happen is we can find a bipartisan for Part B premiums that cover doctors ever again about Medicare reimburse- pathway forward on health care reform and hospital payments out of Medicare ments being cut because for a 10-year that deals with inflation, deals with as my aunt and uncle who worked in period, we are going to hold you harm- better access to preventive medicine, the textile mill and made $25,000 a less. has some medical liability reform, is year. I am willing for people like my- That is beyond cynical. We need to truly comprehensive, with give-and- self to have to pay more to keep Medi- look at the doctor fix in terms of com- take, and mandates coverage. I am care solvent. prehensive Medicare reform. It is a $245 willing to do that as a Republican. But We are making some changes but not billion item designed to get the med- if we go down the road our leadership nearly enough. Mr. President, $3 out of ical community to support the leader- has set for us here and basically tell $4 of Medicare spending comes from the ship version of health care. It is trans- the doctors ‘‘Don’t worry anymore, you General Treasury, the taxpayers. One- parent. It is wrong. It is bad politics. It are going to be held harmless for the fourth of the money to cover Medicare is bad policy. I hope my colleagues will next 10 years,’’ then what group will expenses comes from the patient popu- reject it. follow who will want the same deal and lation being served. There are plenty of The bill coming out of the Finance to whom will we begin to say no? I do Americans who are paying about $100 a Committee—and I congratulate Sen- not know. I do not know to whom we month once they get into retirement ators who are trying to fix health care will have the ability to say no if we do who can afford to pay $450 a month for because it needs to be fixed—is about this. And if you say no to them, what the Medicare services they receive. No- an $800 billion expenditure, a little bit the heck do you tell them—‘‘You are body is asking them to do it. I am will- more. It is revenue neutral over a 10- not a doctor, so it does not matter ing to ask, and I am willing to do it year period because it is going to be what we do to your business.’’ myself. It is those types of changes paid for. Four hundred billion in Medi- If we do this, we have lost the abil- that will lead this country to a bright- care cuts are part of the payoff, the ity, in my view, to provide the nec- er future and will correct the imbal- pay-fors. essary solutions to the hard problems ance we have. How do we take $800 billion of ex- facing the country. We will have given Finally, Medicare is $34 trillion un- pense and make it revenue neutral? We in to the most cynical nature of poli- derfunded. If you had $34 trillion sit- offset it. One of the offsets is a $400 bil- tics. We will have destroyed our ability ting in an account today, it would earn lion-plus reduction in Medicare spend- to engage with the public at large in a interest over 75 years. You would need ing over a 10-year window. I argue that credible way to fix hard problems. And all the money—the $34 trillion plus the not only is that not going to happen when it comes time to ask people to interest—to make the payments we because the Congress hasn’t reduced sacrifice, they are going to look at us have promised people in the future. Medicare spending anywhere near that, and say: What do you mean ‘‘sac- When I was born in 1955, there were 16 it is just politically not going to hap- rifice?’’ Aren’t you the people who just workers for every retiree. Today there pen. Two years ago, we tried to slow basically wiped out what the doctors are three, and in 20 years there will be down the growth of Medicare to $33.8 had to do because you were afraid of two. There will be two workers paying billion over a 4- or 5-year period and them? into the Social Security and Medicare got 24 votes. If colleagues think this I am not afraid of doctors. God bless trust funds where there used to be 16 Congress is going to have the political them. I am glad we have them. What when I was born. There are more baby will and courage to reduce Medicare by we have done in the name of reform has boomers retiring every day than any- $400 billion over 10 years, show me in been unfair because we picked on them one ever anticipated. We are living far the past where we have had any desire and not the system as a whole. So to beyond 65. to do that. the doctors out there, LINDSEY GRAHAM The question for the country is, Will The doctors fix is the best evidence gets it, that your reimbursement rates people in my business go to you, the yet of what will come in the future. We as they exist today under Medicare public, and say change is required? We are contemplating doing away with the make it very difficult for you to do cannot run the system assuming things reduction in physician payments that business. But I hope you will under- that do not exist. We have to come to was part of the balanced budget agree- stand that my obligation is beyond just grips with the fact that we have an ment because our medical community to the doctors in South Carolina; it is aging population, we live longer, there has been hit hard and is complaining. to what Senator LIEBERMAN said: the are more retirees than ever, and there Look at the $400 billion. Do we think if next generation as well as to the here are fewer workers. Once we come to people are going to be on the receiving and now. grips with that dynamic and ask those and of a $400 billion cut over a period of Every politician has a problem: How who can afford to give, to give—hold time, they are going to accept it hap- do you affect the here and now, people those harmless who cannot afford to pily? Do you think they are not going who can vote for you, and how can you give—America’s best days are ahead. to complain? What do you think we are secure the future? Well, you just have If we do not reform these systems going to do when one group of the med- to ask the people who are here and now and we continue to do what is being ical community or the insurance com- to be willing to make some changes for proposed today—try to buy a constitu- munity says, ‘‘You are putting me out the benefit of the country long term. I ency off: Doctors, we will fix your prob- of business.’’ am confident that if we ask and we do lem if you will support our bill; the These $400 billion cuts are never it in a smart way, people will join with $254 billion it will cost to get you on- going to happen because, you see, with us. I want to give the doctors better re- board, do not worry about it. the doctors fix, where every year we re- imbursement rates, and the only way To the doctors who may be listening, lieve the doctors from the imposition we can achieve that is to reform Medi- you better worry about it. You need to of that agreement in 1997—and in many care from top to bottom and make it worry about not only the viability of ways we should because the 1997 agree- more efficient. your medical practice but the ability ment was not comprehensive—but to One of the things I am willing to do of your government to make payments those who believe we are going to cut is ask a person like myself to pay it has promised to the next generation, $400 billion in Medicare, have the cour- more. As a Senator, I make about the ability of your government to be age to tell the doctors we are going to $170,000 a year. I am not saying we are able to continue to operate, the ability do to them what we said we would do worth it, but that is what we pay our- of our country to pass on to the next back in 1997. Nobody wants to do that, selves. I would like to think we earn generation a sound and secure Amer- and I am sympathetic as to why we do our money because it is not an easy ica.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.030 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10608 CONGRESSIONAL RECORD — SENATE October 21, 2009 We are about to borrow ourselves tem. It is one of the driving forces be- lem that needs to be fixed. But I don’t into oblivion. There is a theory out hind rising costs and overutilization of believe anybody is going to buy that there, long held, that democracies are health care, particularly in some parts argument, not even the Washington doomed to fail because democracies of the United States. Post. I have here a recent editorial. over time will lose the ability to say no In addition, the sustainable growth They said: to themselves; that we in the govern- rate formula itself is flawed. The SGR $247 billion . . . is one whopper of a dis- ment will continue to grow the govern- is designed to determine annual physi- crepancy. ment based on the needs of the next cian payment updates by comparing S. 1776 isn’t being offered to fix a election cycle and make promises that actual expenditures to expenditure tar- budget payment discrepancy, it is make sense for our political future but gets. being offered as one whopper of a back- really over time are unsustainable. We The purpose of the SGR was to put a room deal to enlist the support of the have reached that point, and we are brake on runaway Medicare spending. American Medical Association for a about to go over the edge. The SGR was intended to reduce physi- massive health reform bill that is being The only way America can self-cor- cian payment updates when spending written behind closed doors. rect is to make sure our political lead- exceeded growth targets. In recent Nobody is being fooled about what is ership is rewarded when we ask for years, Medicare physician spending has going on in this body, the most delib- change we can believe in. This is not exceeded those SGR spending targets. erative body in the world, the Senate. change we can believe in. This is the That has resulted, naturally, in physi- When President Obama spoke to a old way of doing business. This is buy- cian payments being cut. As the mag- joint session of Congress last month— ing off a constituency that is impor- nitude of these payment cuts has in- the week after we came back from our tant for the here-and-now debate of creased over time, Congress has summer break—he made a commit- health care and not giving a damn stepped in to avert these scheduled ment to not add one dime to the deficit about the consequences to the country cuts in reimbursement to doctors. now or in the future. Those are his down the road. This is how we got in In a roundabout way, the SGR has words, not mine. But as this Wash- this mess. been serving its purpose. Numerous im- ington Post editorial notes, S. 1776 If we pass this bill, not only have we provements in Medicare payments in would add 2.47 trillion dimes to the def- destroyed this new hope from a new other areas have been implemented icit. President of ‘‘change we can believe over the years to offset or to pay for We go to chart 2 now. That would be in,’’ we will have reinforced the worst the various so-called doc fixes we have 2.47 trillion dimes, enough to fill the instincts of politics, sold the country had to do and generally do them on an Capitol Rotunda 23 times. short, and made it impossible to say no annual basis. Presently they are done Now we have chart 3. I whole- to the next group we want to sacrifice on an 18-month basis, expiring Decem- heartedly agree with the editorial’s who needs to help us solve this prob- ber 31 this year. conclusion. The Post editorial said: lem. We should, in fact, be reforming phy- A president who says that he is serious With that, I yield back. sician payments. That is why I sup- about dealing with the dire fiscal picture I suggest the absence of a quorum. ported the SGR amendments offered by cannot credibly begin by charging this one The ACTING PRESIDENT pro tem- my colleague, the Senator from Texas, to the national credit card . . . pore. The clerk will call the roll. during the Senate Finance Committee This quote is highlighted out of that The assistant legislative clerk pro- markup that concluded 8 days ago. same editorial. ceeded to call the roll. Those amendments would have pro- The Office of Management and Budg- The ACTING PRESIDENT pro tem- vided a fully offset, positive physician et and the Treasury Department an- pore. The Senator from Iowa is recog- update for the next 2 years. And if we nounced that the fiscal year 2009 deficit nized. erroneously take up a debate on this hit a record of $1.4 trillion. According Mr. GRASSLEY. Mr. President, I ask flawed Stabenow bill, I will have an al- to the Government Accountability Of- unanimous consent that the order for ternative to offer with my good friend, fice, public debt is projected by the the quorum call be rescinded. the chairman of the Senate Budget year 2019 to surpass the record that was The ACTING PRESIDENT pro tem- Committee, Senator CONRAD. A set in 1946, 1 year after the end of pore. Without objection, it is so or- Conrad-Grassley amendment would be World War II. That debt was attrib- dered. a bipartisan approach to this. utable to the war, which was the war to MEDICARE PHYSICIAN PAYMENT SYSTEM Realigning incentives in the Medi- save the world for democracies because REFORM care Program and paying for quality of the dictatorial governments of Italy, Mr. GRASSLEY. Mr. President, re- rather than quantity of services is, of Germany, and Japan, as we recall from forming the Medicare physician pay- course, an essential part of physician history. ment system is one of the most dif- payment reform. But as fundamentally There is no doubt that fixing the ficult issues we face in Medicare today. flawed as the physician payment sys- flawed physician payment system is The name of the formula is the sustain- tem is, S. 1776, the bill before us, is just something that must be addressed. But able growth rate. Generally around as fundamentally flawed. S. 1776 would the problem—this problem—with the here we refer to that as the SGR. It is add—can my colleagues believe this—a physician payments is one of the big- the formula for the reimbursement of $1⁄4 trillion cost to the national debt. A gest problems in health care that needs doctors under Medicare. It was de- quarter of a trillion, obviously, is $250 fixing. But at a time when the budget signed in the first instance to control billion. But worse yet, it does not fix deficit has reached an alltime high of physician spending and to determine the problems we have with the physi- $1.4 trillion, this situation demands fis- annual physician payment updates by cian payment system. It simply gives a cal discipline. means of a targeted growth rate sys- permanent freeze to those payments. As the Washington Post has cor- tem. The SGR is not the only problem The American Association of Neuro- rectly pointed out, S. 1776 is, indeed, a with the Medicare physician payment logical Surgeons and the Congress of test of the President’s pledge to pay for system. Everyone who knows anything Neurological Surgeons oppose the health care reform. about physician payments and Medi- Stabenow bill for precisely that reason, Repealing the SGR without any off- care knows that this SGR formula is and I applaud them for having the sets, as S. 1776 would do, is a flagrant not working. It is a fee-for-service sys- courage to say so. attempt to try and hide the true cost tem that rewards volume instead of My esteemed colleague, the majority of comprehensive health care reform. quality or value. This means that leader, claims this bill has nothing to Let me suggest to the American peo- Medicare simply pays more and more do with health reform. I think it has ple that bill, comprehensive health as more and more procedures and tests everything to do with health reform. care reform—at least the one that and services are provided to patients. He says the $247 billion cost of this bill came out of the Senate Finance Com- Providers who offer higher quality care is just correcting, in his words, ‘‘pay- mittee—is thick, at 1,502 pages that we at a lower cost get paid less. Somehow, ment discrepancy;’’ merely, in his all are committed to reading before it it is a backward system, a perverse sys- words, ‘‘a budgetary problem,’’ a prob- goes to the floor. That bill, of course,

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10609 will not go to the floor because now it everything has to come to a stop. They firmed on September 29, by a unani- is being merged in secrecy with the know they are going to be confirmed. mous 99–0 vote. Today, the Senate is fi- Senate HELP Committee bill, and so it They know that whenever the Repub- nally being allowed by Republicans to may come out thicker. Who knows. We licans allow a vote, it will be virtually vote to confirm Roberto Lange, who are talking about a great deal of cost unanimous. It makes the Senate look was reported by the committee on Oc- connected with that and the SGR fix foolish, and I wish my colleagues would tober 1. It took 3 weeks to proceed to being connected with that as well. allow these people to move quickly. Mr. Lange’s nomination despite the We have in the Senate Finance Com- The American Bar Association’s fact that he, like Judge Viken, had the mittee bill, that was reported out, sig- Standing Committee on the Federal support of both his home State Sen- nificant payment system reform. That Judiciary reported that its peer review ators, one a respected Democratic Sen- bill takes savings of almost $1⁄2 trillion of the President’s nomination of Mr. ator and the other a Republican Sen- to fund a new entitlement program Lange resulted in the highest rating ator who is a member of the Repub- outside Medicare. The priority for possible, a unanimous rating of well lican Senate leadership. Medicare savings should be fixing qualified. His nomination has the sup- South Dakota has had its two vacan- Medicare problems, and the physician port of both home State Senators, Sen- cies filled this year but vacancies in 35 payment issue and the SGR is the big- ator JOHNSON, a Democrat, and Senator other States remain unfilled and the gest payment system problem in Medi- THUNE, a Republican, and was reported Senate’s constitutional responsibilities care today. It should get fixed in out of the Judiciary Committee by are going unfulfilled. There was—there health care reform with those Medicare unanimous consent on October 1. I ex- is—no reason for the Republican mi- savings. pect the vote on the President’s nomi- nority to impose these unnecessary and I must, therefore, object not to fixing nation of Mr. Lange to be overwhelm- needless delays to judicial confirma- the SGR and improving the system for ingly in favor, as was the 99–0 vote for tions. When will Senate Republicans physician payments—which clearly the only other district court confirma- allow the Senate to consider the nomi- must be done—but to this very flawed tion so far this year, that of Judge nations of Judge Hamilton to the Sev- bill. It is only a permanent payment Viken. I will be listening intently to enth Circuit, Judge Davis to the freeze. It does not fix the problem. It is hear why then Senate Republicans—de- Fourth Circuit, Judge Martin to the not paid for. It should be a part of spite the support of Senator THUNE, the Eleventh Circuit, Judge Greenaway to health care reform. It adds $1⁄4 trillion head of the Republican Policy Com- the Third Circuit, Judge Berger to the to the deficit. It is one whopper of a mittee and a member of the Senate Re- Southern District of West Virginia, discrepancy. It is not credible. publican leadership—have stalled this Judge Honeywell to the Middle District I urge my colleagues to oppose clo- confirmation needlessly for 3 weeks. of Florida, Judge Nguyen to the Cen- ture on this train wreck of a bill. This is one of the 13 judicial nomina- tral District of California, Judge Chen I yield the floor and, since I do not tions reported favorably by the com- to the Northern District of California, see any of my colleagues waiting to mittee to the Senate since June to fill Ms. Gee to the Central District of Cali- speak, I suggest the absence of a circuit and district court vacancies on fornia and Judge Seeborg to the North- quorum. Federal courts around the country. Ten ern District of California? The PRESIDING OFFICER (Mr. of those nominations were reported In a recent column, Professor Carl BEGICH). The clerk will call the roll. without a single dissenting voice. This Tobias wrote: The assistant legislative clerk pro- is unfortunately only the third of those President Obama has implemented several ceeded to call the roll. judicial nominations to be considered measures that should foster prompt appoint- Mr. LEAHY. Mr. President, I ask all year. ments. First, he practiced bipartisanship to unanimous consent that the order for It is October 21. By this date in the halt the detrimental cycle of accusations, the quorum call be rescinded. administration of George W. Bush, we countercharges and non-stop paybacks. The PRESIDING OFFICER. Without had confirmed eight lower court Moreover, the White House has promoted objection, it is so ordered. judges. By this juncture in the admin- consultation by seeking advice on designees Mr. LEAHY. Mr. President, today, from Democratic and GOP Senate members, istration of Bill Clinton, we had like- especially home state senators, before offi- the Senate will finally consider the wise confirmed eight circuit and dis- cial nominations. Obama has also submitted nomination of Roberto A. Lange to the trict court nominations. The Senate consensus nominees, who have even District of South Dakota. It has been 3 has confirmed just three circuit and temperaments and are very smart, ethical, weeks since Mr. Lange’s nomination district court nominees this year less diligent and independent. was unanimously reported by the Judi- than half of those considered by this I ask unanimous consent that a copy ciary Committee to the Senate. It date during President Bush’s tumul- of Professor Tobias’s column be printed should not take 3 weeks to confirm a tuous first year in office and confirmed in the RECORD following my statement. consensus nominee. I will be interested by this date during President Clinton’s The PRESIDING OFFICER. Without to hear from Senate Republicans who first year. This is despite the fact that objection, it is so ordered. have stalled this confirmation for the President Obama sent nominees with (See Exhibit 1.) last 3 weeks why they did so. bipartisan support to the Senate two Mr. LEAHY. When I served as chair- There are 10 other judicial nomina- months earlier than did President man of the Senate Judiciary Com- tions reported favorably by the Judici- Bush. Moreover, President Clinton’s mittee during President Bush’s first ary Committee to the Senate that re- term also began with the need to fill a term, I did my best to stop the down- main pending without consent from Supreme Court vacancy. ward spiral that had affected judicial Senate Republicans to proceed to their The first of these circuit and district confirmations. Throughout my chair- consideration. These are 10 other judi- court confirmations this year did not manship I made sure to treat President cial nominations on the Senate Execu- take place until September 17, months Bush’s judicial nominees better than tive Calendar awaiting action and after the nomination of Judge Gerard the Republicans had treated President being stalled by Republican holds. All Lynch had been reported out of com- Clinton’s. During the 17 months I 10 were reported favorably by the Sen- mittee with no dissent. Finally, after chaired the Judiciary Committee dur- ate Judiciary Committee. Two were re- months of needless delay, the Senate ing President Bush’s first term, we ported in June and have been waiting confirmed Judge Lynch to serve on the confirmed 100 of his judicial nominees. for more than 4 months for Senate con- Second Circuit by an overwhelming At the end of his Presidency, although sideration. These are things that we vote of 94 to 3. That filled just one of Republicans had chaired the Judiciary have always done by voice vote when the five vacancies this year on the Sec- Committee for more than half his ten- there is no controversy. ond Circuit. The Second Circuit bench ure, more of his judicial nominees were It is not only a dark mark on the remains nearly one-quarter empty with confirmed when I was the chairman Senate for holding us up from doing four vacancies on its 13-member bench. than in the more than 4 years when Re- our work, but it means that the nomi- Judge Viken, the first of just two dis- publicans were in charge. nees have their lives on hold. They trict court judges the Senate has been In spite of President Obama’s efforts, have been given this nomination, and allowed to vote on this year, was con- however, Senate Republicans began

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.033 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10610 CONGRESSIONAL RECORD — SENATE October 21, 2009 this year threatening to filibuster The Senate can and must do a better EXHIBIT 1 every judicial nominee of the new job of restoring our tradition of regu- COMMENTARY: SECOND CIRCUIT APPEALS President. They have followed through larly considering qualified, non- COURT OPENINGS NEED TO BE FILLED by dragging out, delaying, obstructing controversial nominees to fill vacan- (By Carl Tobias) and stalling the process. The result is cies on the Federal bench without The country’s attention was recently fo- that 10 months into President’s needless and harmful delays. This is a cused on the Senate confirmation vote for Obama’s first term, the Senate has tradition followed with Republican U.S. Second Circuit Court of Appeals Judge confirmed only three of his nomina- Sonia Sotomayor, President Barack Obama’s Presidents and Democratic Presidents. initial Supreme Court nominee and judicial tions for circuit and district courts We should not have to overcome fili- while judicial vacancies skyrocket appointment. This emphasis was proper be- busters and spend months seeking time cause the tribunal is the highest court in the around the country. The delays in con- agreements to consider consensus nation and decides appeals involving funda- sidering judicial nominations pose a se- nominees. mental constitutional rights. rious problem in light of the alarming Nonetheless, the same day that Justice spike in judicial vacancies on our Fed- In addition, four nominations to be Sotomayor received appointment, Second eral courts. Assistant Attorneys General at the De- Circuit Judge Robert Sack assumed senior There are now 96 vacancies on Fed- partment of Justice remain on the Ex- status, a type of semi-retirement, thereby eral circuit and district courts and an- ecutive calendar, three of them for joining his colleague, Guido Calabresi, who other 24 future vacancies already an- many months. Republican Senators had previously taken senior status. More- nounced. These vacancies are at near over, on Oct. 10, Judge Barrington Parker have also prevented us from moving to also assumed senior status. These develop- record levels. Justice should not be de- consider the nomination of respected ments mean that the Second Circuit will layed or denied to any American be- Federal Judge William Sessions of have vacancies in four of its thirteen author- cause of overburdened courts. We can Vermont to be Chairman of the United ized judgeships. do better. The American people deserve States Sentencing Commission for over Operating without nearly 25 percent of the better. tribunal’s judicial complement will frustrate 5 months, even though he was twice expeditious, inexpensive and equitable dis- Professor Tobias’ observations about confirmed as a member of that Com- the Second Circuit hold true through- position of appeals. Thus, President Obama mission. The majority leader has been out the country and with respect to should promptly nominate, and the Senate forced to file a cloture motion in order must swiftly confirm, outstanding judges to this President’s efforts to work coop- to end the obstruction of that nomina- all four openings. eratively with respect to judicial nomi- tion. The numerous vacancies can erode the de- nations. President Obama made his livery of justice by the Second Circuit, which first judicial nomination, that of Judge Four out of a total of 11 divisions at is the court of last resort for all but one per- David Hamilton to the Seventh Circuit, the Department of Justice remain cent of appeals taken from Connecticut, New in March, but it has been stalled on the without Senate-confirmed Presidential York and Vermont. The tribunal resolves Executive calendar since early June, nominees because of Republican holds more critical business disputes than any of despite the support of the senior Re- and delays—the Office of Legal Coun- the 12 regional circuits and decides very con- troversial issues relating to questions, such publican in the Senate, Senator LUGAR. sel, the Tax Division, the Office of as free speech, property rights and terrorism. The nomination of Judge Andre Davis Legal Policy, and the Environment and Among the appellate courts, the Second to the Fourth Circuit was reported by Natural Resources Division. Earlier Circuit needs more time to conclude appeals the committee on June 4 by a vote of 16 this month, with the hard work of Sen- than all except one, which is a useful yard- to 3, but has yet to be considered by ator CARDIN, we were finally able to stick of appellate justice. The August loss of the Senate. The nomination of Judge move forward to confirm Tom Perez to two active judges and the October loss of a Beverly Baldwin Martin to the Elev- third will exacerbate the circumstances, es- head the Civil Rights Division at the pecially by additionally slowing the resolu- enth Circuit has the support of both of Justice Department. His nomination tion of cases that are essential to the coun- Georgia’s Senators, both Republicans, was stalled for 4 months, despite the try’s economy. and was reported unanimously from fact that he was approved 17 to 2 by the There are several reasons why the tribunal the committee by voice vote on Sep- Judiciary Committee. At the last lacks almost one quarter of its members. tember 10 but has yet to be considered minute, Senate Republicans abandoned Judge Chester Straub took senior status in or scheduled for consideration by the July 2008, and President George W. Bush an ill-fated effort to filibuster the nom- nominated Southern District of New York Senate. The nomination of Joseph ination and asked that the cloture vote Greenaway to the Third Circuit has the Judge Loretta Preska on Sept. 9 after mini- be vitiated. He was finally confirmed mally consulting New York’s Democratic support of both Pennsylvania Senators, with more than 70 votes in the Senate. Senators Charles Schumer and Hillary Clin- and was reported unanimously from ton. September was too late in a presidential the committee by voice vote on Octo- During the 17 months I chaired the election year for an appointment, and the ber 1, but has yet to be considered or Judiciary Committee during President 110th Senate adjourned without affording the scheduled for consideration by the Sen- Bush’s first term, we confirmed 100 of nominee a hearing. ate. All of these nominees are well-re- his judicial nominees and 185 of his ex- Moreover, President Obama has nominated spected judges. All will be confirmed, I ecutive nominees referred to the Judi- no one for the Calabresi or Sack opening, al- though both jurists announced that they in- believe, if only Republicans would con- ciary Committee. And yet 10 months into President’s Obama’s first term, we tended to take senior status last March. In sent to their consideration by the Sen- fairness, Judge Calabresi did not actually as- ate. Instead, the President’s good ef- have confirmed only 2 of his nomina- sume senior status until late July, while forts are being snubbed and these tions for circuit and district courts and Judge Sack only took senior status and Jus- nominees stalled for no good purpose. 40 of the executive nominees that have tice Sotomayor was confirmed in August. President Obama has been criticized come through our committee. President Obama has implemented several by some for being too solicitous of Sen- measures that should foster prompt appoint- I hope that, instead of withholding ments. First, he practiced bipartisanship to ate Republicans. As Wade Henderson, consents and filibustering President the executive director of the Leader- halt the detrimental cycle of accusations, Obama’s nominees, the other side of countercharges and non-stop paybacks. ship Conference on Civil Rights, said to the aisle will join us in treating them Moreover, the White House has promoted The Washington Post recently: ‘‘I com- fairly. We should not have to fight for consultation by seeking advice on designees mend the President’s effort to change months to schedule consideration of from Democratic and GOP Senate members, the tone in Washington. I recognize especially home state senators, before offi- the President’s judicial nominations that he is extending an olive branch to cial nominations. Obama has also submitted and nomination for critical posts in the Republicans on the Judiciary Com- consensus nominees, who have even mittee and in the Senate overall. But executive branch. temperaments and are very smart, ethical, so far, his efforts at reconciliation have I look forward to congratulating Mr. diligent and independent. The Executive has worked closely with Senator Patrick Leahy been met with partisan hostility.’’ As Lange and his family on his confirma- (D–Vt.), the Judiciary Committee chair, who usual, Wade has it right. The efforts tion today. I commend Senator JOHN- schedules hearings and votes, and Senator the President has made have not been SON for his steadfastness in making Harry Reid (D–Nev.), the Majority Leader, reciprocated. sure his State is well served. who arranges floor debates and votes, and

VerDate Nov 24 2008 03:07 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.035 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10611 their GOP counterparts to facilitate con- him forward, and I am glad he will be Landrieu Murray Specter firmations. confirmed. Lautenberg Nelson (NE) Stabenow Leahy Nelson (FL) Tester Emblematic is the President’s nomination I will note that some nominees I will of U.S. District Judge Gerard Lynch, who LeMieux Pryor Thune not be able to support, and I would ex- Levin Reed Udall (CO) served with distinction on the U.S. District Lieberman Reid Court for the Southern District of New York pect some others may object as well. It Udall (NM) Lincoln Risch Vitter since 2000. New York Democratic Senators is our responsibility to be careful and Lugar Roberts Voinovich McCain Rockefeller Schumer and Kirsten Gillibrand expedi- to be cautious in making decisions Warner McCaskill Sanders tiously suggested the superb trial judge to about judges because they are given a Webb McConnell Schumer Obama, who nominated Lynch on April 2. By lifetime appointment. They can’t be re- Whitehouse mid-May, the panel conducted Lynch’s con- Menendez Sessions moved for bad decisionmaking. I be- Merkley Shaheen Wicker firmation hearing, and on June 11, the com- lieve the President has submitted two Mikulski Shelby Wyden mittee approved Lynch. In mid-September, Murkowski Snowe the Senate confirmed Lynch on a 94–3 vote. more nominees to the district bench. Senator Schumer’s Sept. 9 announcement There are 74 vacancies in the Federal The nomination was confirmed. that he had recommended District Judge courts in America as of today. A few The PRESIDING OFFICER. Under Denny Chin to the White House and the ju- days ago, there were 9 nominations the previous order, the motion to re- rist’s Oct. 6 nomination are precisely the pending—this is 1 of them—and now consider is considered made and laid correct approaches. The New York and Con- there are 11 nominations, I understand, upon the table. The President will be necticut senators must continue suggesting pending. immediately notified of the Senate’s excellent candidates for the three Second As the President gets his machine up action. Circuit openings which remain. Obama must swiftly consider their proposals and nomi- and running and starts submitting f nate outstanding prospects. The Judiciary nominees, I think we will have good LEGISLATIVE SESSION Committee should promptly afford hearings hearings. My view is that if they are and votes, while the Majority Leader ought qualified, it doesn’t make any dif- The PRESIDING OFFICER. The Sen- to expeditiously schedule floor debates and ference to me if they are an active, par- ate will resume legislative session. votes. tisan, campaigning Democrat. That is The Republican leader is recognized. Judge Sotomayor’s Supreme Court ele- fine. The question simply is, once they f vation, the assumption of senior status by Judges Calabresi, Parker and Sack and put on the robe and they are required MEDICARE PHYSICIAN PAYMENTS Judge Lynch’s recent Senate confirmation to decide cases, can they put aside their personal feelings, backgrounds, Mr. MCCONNELL. Mr. President, I mean there are four openings in the Second am going to take a moment of my lead- Circuit’s thirteen judgeships. President emotions, and partisanship? Most Obama should cooperate with the Senate to judges can. er time. Americans are increasingly quickly fill the vacancies with superior I practiced in Alabama, where judges alarmed by the expansion of our na- judges, so that the tribunal can deliver ap- run on a party ticket. They run as Re- tional debt and this spending binge we pellate justice. publicans and Democrats. Everybody are putting on the national credit card. Mr. LEAHY. Mr. President, I ask knows which of them—very few—carry They are asking us to do what they unanimous consent that my further re- those biases with them. have been doing. They want us to take out our scissors and cut the credit marks be charged against my time in The PRESIDING OFFICER. The Sen- card. They want us to live within our connection with this nomination. ator’s time has expired. means so their children and their The PRESIDING OFFICER. Without Mr. SESSIONS. I thank the Chair, grandchildren do not wake up in the objection, it is so ordered. and I urge my colleagues to support morning to find the American dream (The remarks of Mr. LEAHY are print- the nomination. buried under an avalanche of debt. ed in today’s RECORD under ‘‘Morning The PRESIDING OFFICER (Mr. Our fiscal situation has simply spi- Business.’’) UDALL of New Mexico). The question is, raled out of control. Yet the pro- Mr. LEAHY. Mr. President, I suggest Will the Senate advise and consent to ponents of this measure want to put the absence of a quorum. the nomination of Roberto A. Lange, of another quarter of a trillion dollars on The PRESIDING OFFICER. The South Dakota, to be United States Dis- the Federal credit card. Republicans clerk will call the roll. trict Judge for the District of South offered a series of fiscally responsible The bill clerk proceeded to call the Dakota? roll. ways to prevent pay cuts to our physi- Mr. SESSIONS. I ask for the yeas Mr. SESSIONS. Mr. President, I ask cians. That was not agreed to. and nays. unanimous consent that the order for Let me remind everybody, we are in The PRESIDING OFFICER. Is there a the quorum call be rescinded. very dangerous territory. I am going to sufficient second? The PRESIDING OFFICER. Without vote against this deficit-expanding bill There is a sufficient second. objection, it is so ordered. because enough is enough. I hope, on a Mr. SESSIONS. Mr. President, I wish The clerk will call the roll. bipartisan basis, we will send a mes- to briefly make a few comments about The bill clerk called the roll. sage to the American people that we do The PRESIDING OFFICER. Are there the confirmation vote we will soon be not intend to charge from $1⁄4 trillion having on supporting this nominee. I any other Senators in the Chamber de- to $300 billion on the nation’s credit saw him, as a member of the Judiciary siring to vote? card by approving this measure. Committee, and we made inquiry of The result was announced—yeas 100, I yield the floor. him. I liked him. He handled himself nays 0, as follows: The PRESIDING OFFICER. The ma- well. [Rollcall Vote No. 324 Ex.] jority leader is recognized. He has been a strong and ardent YEAS—100 Mr. REID. Mr. President, we have Democrat all his life—an active Demo- Akaka Carper Gillibrand been aware of the fact that because of crat. He was educated, I believe, at the Alexander Casey Graham activities and actions of the Repub- Barrasso Chambliss Grassley University of South Dakota and has Baucus Coburn Gregg lican-dominated Washington for a practiced law a long time there. I think Bayh Cochran Hagan number of years, that the doctors who he has the ability and the commit- Begich Collins Harkin take Medicare patients have been ham- ment—he said he did and I believe Bennet Conrad Hatch mered so hard that not all doctors take Bennett Corker Hutchison him—not to allow his politics to influ- Bingaman Cornyn Inhofe Medicare patients. ence his decisionmaking once he puts Bond Crapo Inouye We want senior citizens, Medicare re- on that robe; that he will be objective Boxer DeMint Isakson cipients, to be able to go a doctor. We Brown Dodd Johanns and fair; that he will comply with the Brownback Dorgan Johnson do not want all of those folks going to oath a judge takes to be impartial; Bunning Durbin Kaufman Medicare Advantage. We want Medi- that he will provide equal justice for Burr Ensign Kerry care to survive as a program. the poor and the rich; and that he will Burris Enzi Kirk Because people who ran this town for Byrd Feingold Klobuchar serve the laws of the United States Cantwell Feinstein Kohl a number of years did not like Social under the Constitution. So we moved Cardin Franken Kyl Security, tried to privatize that, did

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.002 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10612 CONGRESSIONAL RECORD — SENATE October 21, 2009 everything they could to minimize and running physicians up to the brink is based on quality and performance denigrate Medicare, we are now at a every year, not knowing what is going and not on arbitrary formulas. point where we have, in the bill that to happen; enough for seniors not This legislation is an important step has been reported out of the Finance knowing whether they will be able to toward making changes in the Medi- Committee, a 1-year fix for the senior continue to see their doctors. Seven care and TRICARE physician payment citizens, so that physicians will not be different times we have brought them structure that will help our entire dropping Medicare patients. Then all of up to the brink and then not made the health care system. I regret that some the physicians should know that we cut and have many times not paid for misplaced partisan point-scoring march to this position we are in now. it. This legislation will wipe the slate threatens to prevent us from consid- We were told by the American Med- clean and will for the first time bring ering a bill we should have passed long ical Association and others that we honest budgeting to Medicare. ago. I hope we can proceed to this bill would get help from the Republicans to Mr. LEAHY. Mr. President, I am and pass it swiftly so we can begin our take care of senior citizens so that proud to be a cosponsor of the bill we work toward improving our overall they would have doctors to take care of are considering today, the Medicare health care system. them. It is very interesting. One of the Physician Fairness Act, introduced by Mr. BAUCUS. Mr. President, an old sponsors of this legislation, one of the Senator STABENOW. This bill would per- Chinese proverb says: Republican leaders, is not supporting manently end the scheduled reductions ‘‘If you do not pay the doctor who the legislation. How do you like that? in Medicare and TRICARE payments cured you, beware of falling ill again.’’ This is another effort of Republicans to that physicians face each year. This We are here today because we need to slow down, divert, and stop what we legislation is long overdue and an im- fix the way that we pay the doctors are trying to do with health care and portant step in making sure doctors who cure us. based on everything else. will continue to serve Medicare pa- The way that we pay for health care I just finished a meeting over here tients and veterans in the years to today contributes to spiraling health with my chairmen. We lamented the come. care costs. It contributes to quality-of- fact of how things have changed in this This year marks the 8th year in a care that is not as good as it should be. town, how in this new administration row that Congress will be forced to pre- Today’s payment system rewards we have had to file cloture on a signifi- vent scheduled physician payment cuts providers for the quantity, not the cant number of occasions to get people under the Medicare Program. The quality, of the services that they pro- who have jobs in this administration scheduled cuts are based on a flawed vide. approved in the Senate. During the formula, which cuts physician pay- Commonsense health reform must re- Bush first year, during this same pe- ments in the future if physician spend- structure the way that we pay for riod of time, not a single nomination ing exceeds a target based on the health care. he requested had to be clotured; that growth of the economy. Because the Because of its size and purchasing is, to end a filibuster. We have numer- scheduled cuts are cumulative, next power, Medicare can lead the way. But ous people to get approved. year we could expect to see a 21-per- payment reforms won’t be effective un- We have essential legislation, such as cent reduction in physician payments less they’re built upon a solid payment legislation that deals with giving peo- and a cumulative 40-percent cut sched- foundation. ple who are out of work unemployment uled by 2016. It is no wonder Congress Unfortunately, the current Medicare benefits. It is not a gift. They pay into has consistently acted to prevent these payment system for doctors is fun- that fund or they thought it wasn’t a cuts and experts have called for a re- damentally flawed. It does not provide gift. peal of this broken formula. stability and predictability for our doc- I want everyone to know we are Without passing this bill and perma- tors. It is not a solid foundation for the going to take care of Medicare. If the nently ending the schedule of physician future. Republicans in the Senate don’t want payment cuts, doctors will continue to That is so, because in 1997, Congress to do it the way we have done it in the struggle to budget for the future with- created the Medicare physician pay- past by doing the doctors fix, then out knowing with absolute certainty ment system that we have today. Con- when we finish the health care legisla- that Congress will act to prevent pay- gress created a thing called ‘‘the sus- tion, we will come back and take care ment reductions. The uncertainty in tainable growth rate,’’ or ‘‘SGR.’’ It of a multiple-year fix for the doctors payment rates has already resulted in was meant to control what Medicare and senior citizens. I want everyone within the sound of many physicians declining to accept spends on doctors. my voice to understand that Wash- Medicare making it hard for bene- But the SGR is not working. It never ington is being driven by a small num- ficiaries to find a doctor. In rural really has. ber of people on this side of the aisle States like Vermont, finding a doctor Had Congress not intervened, the who are preventing us from doing is challenging enough without looming SGR would have produced steep cuts in things that help the American people. payment cuts affecting doctors every physician payments every year since We are not trying to run over people year. In addition to seniors, the more 2002. And if Congress does not inter- with the 60 votes we have. We want to than 12,000 Vermont veterans and mili- vene now, the SGR will continue to work with people. We want to get tary personnel who participate in produce steep cuts for the foreseeable along. I think it is really too bad that TRICARE will continue to feel their future. suddenly they have got religion. They benefits are at risk so long as this Without action, next year, physician never worried in the past about all the flawed formula threatens payment re- payments will be reduced by 21 percent. tax cuts being paid for. They never ductions to their doctors. And the cuts will continue for the fore- worried about drug manufacturers get- Some have argued that we cannot af- seeable future. The total cut over the ting all the free stuff they got. They ford to make such an expensive fix to next decade will approach 40 percent. never worried about any of this. They our health care system. I disagree. The Every year since 2003, Congress has now are suddenly being very frugal President already assumed Congress intervened. Congress regularly acts to when they find it is a way they can will fix the payment cuts over the next avert these cuts. And given the mag- slow down what we do here. 10 years in his budget proposal. We all nitude of the impending reductions, The PRESIDING OFFICER. The Sen- know that without a permanent fix Congress will continue to intervene. ator from Michigan is recognized. Congress will continue to act to pre- The stakes are just too high. Ms. STABENOW. Mr. President, if I vent these debilitating cuts in payment Allowing these draconian cuts to go might just add to what our distin- rates to doctors. The administration’s into effect would jeopardize access to guished leader has said and thank him budget gives a realistic estimate of doctors for 40 million seniors—includ- for bringing this vote to us. This is projected Medicare spending. Passing a ing 160,000 Montanans—who rely on about strengthening and protecting permanent fix will allow us to have ac- Medicare for their health coverage. Medicare. curate estimates of Medicare spending, That is why AARP unequivocally sup- The distinguished Republican leader a first step toward truly reforming the ports the repeal of the flawed SGR for- is right: Enough is enough—enough of physician payment system to one that mula.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.039 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10613 But the damage would not end there. in the first 10 years and dramatically change, Medicare beneficiaries’ access Because TRICARE—the health care bend the cost curve in the long run. to the health care they need will be system for active military personnel— But by overturning each of the last limited. The Medicare SGR formula is bases its reimbursements on Medicare seven SGR cuts, Congress has made a real and growing problem that de- rules, 9 million members of the armed clear that the current baseline is bro- serves thoughtful and fiscally respon- services and their families could also ken. And temporary band-aids have sible reform. be left without physician care. only increased the size of future cuts Mr. BYRD. Mr. President, while it is The SGR must be repealed. and the cost of future interventions. important that health professionals in But don’t just take my word for it. Eliminating the SGR now will avert my State of West Virginia receive the The Medicare Payment Advisory Com- devastating payment cuts. And elimi- compensation they deserve, I will, how- mission—or MedPAC—reported to Con- nating the SGR now will create a more ever, vote against this measure. We are gress in 2007 that the SGR should be re- honest picture of our future budgetary on the eve of one of the most historic placed with a more stable, predictable commitments. debates surrounding health care since system. MedPAC recommended a sys- And so, let us avoid merely putting the inception of Medicare in 1965. To tem that rewards doctors based on the another band-aid on the broken physi- follow the many weeks of laborious de- quality and efficiency of the care that cian payment system. Let us truly re- bate and amendments in the Finance they deliver. form the way that we pay the doctors and Health, Education, Labor, and Pen- The Medicare Physician Fairness Act who cure us. And let us enact the Medi- sions Committees, with this legislation is the first step toward a 21st century care Physician Fairness Act. is unwise. It sends the wrong signal. physician payment system in Medicare. Mr. FEINGOLD. Mr. President, our The health committees have not re- The Medicare Physician Fairness Act Nation faces great challenges that re- viewed it. It addresses only a single repeals the flawed SGR formula that quire collective persistence and collec- problem, to the benefit of one group of has done nothing to promote more ap- tive sacrifice to overcome. Two of health care providers, completely out- propriate, evidence-based physician these challenges that I hear the most side the context of broader reform. I care. about from my constituents are the believe piecemeal action on health care Repealing SGR will lay a solid foun- need to reduce the national debt and reform could be its undoing. dation. And on that foundation, we can enact health care reform. Their con- In the coming weeks, I look forward build delivery system reforms that fun- cerns come from a basic sense of re- to voting on the motion to proceed to damentally restructure the Medicare sponsibility and decency—and are true a comprehensive health care reform payment system. We can change it to Wisconsin’s progressive tradition. bill. Reforming our health care system from one that focuses on the volume of They believe, as I believe, that the gov- for the betterment of all of our citizens services delivered to one that rewards ernment should be required to balance is necessary and vitally important. But doctors for the value of care that they their budget just as Wisconsinites bal- we need to make certain there is a na- deliver to patients. ance their checkbook. They believe, as tional consensus behind any health The bill that the Finance Committee I believe, that every American—regard- care bill. In order to pass a meaningful reported last week includes these re- less of wealth, race, gender, or age—de- measure that will provide essential forms. Our bill includes better feed- serves good, affordable health care. health care coverage for those in dire back reports to doctors, so that they These basic principles of fiscal and so- need, the Senate must be entirely know how their utilization trends com- cial responsibility have guided me forthright in both debate and inten- pare to those of their peers. Our bill in- throughout my 17 years in the Senate. tion. Mr. President, $247 billion is not cludes incentives for physicians to And it is these principles that lead me an insignificant amount of money, and work together with other health care to conclude that I cannot support S. the Senate should be up front about providers in accountable care organiza- 1776, the Medicare Physician Fairness the true costs of health care reform. tions that will share in savings they Act, because it will substantially add Mr. DORGAN. Mr. President, my vote achieve for Medicare. And ultimately, to our national deficit. against cloture on the motion to pro- our bill includes a payment system I believe that the Medicare sustain- ceed to legislation that would cancel that rewards every doctor based on the able growth rate is a broken policy and the scheduled physician payment cuts relative quality and costs of care they must be fixed. I also believe that re- in the Medicare Program should not be provide to their patients. quiring Congress to pay for enacting read as opposition to the idea of can- But first, we need to repeal the SGR, new policies is critical to our long- celing those cuts. so that we can enact these meaningful term financial stability and strength I support canceling the payment cuts reforms. as a nation. Waiving paygo require- for physicians. However, I think that Now, any honest discussion about re- ments for this legislation simply puts a action should be paid for. As it stands, pealing the current SGR system must different name on the same $247 billion that legislation would have increased also address the elephant in the room: problem. It passes the buck, and that is the Federal deficit by $245 billion over the CBO budget baseline. The law re- not good enough for me. 10 years. I cannot support that. quires CBO’s budget baseline to assume Just this week, I introduced the Con- Congress has acted to prevent sched- that Congress will not suspend the trol Spending Now Act. This bill con- uled cuts for 6 of the last 7 years, cre- SGR. sists of dozens of different initiatives ating a very large debt burden that be- The reality of the situation, however, that would collectively reduce the def- comes harder and harder to eliminate is at odds with the CBO baseline. Fu- icit by over $1⁄2 trillion over 10 years. each time a temporary fix is enacted. ture congressional action on the SGR Redirecting just a portion of the sav- Each year physicians face uncer- is certain. Seven consecutive cuts ings in my legislation would more than tainty as a result of not knowing have, for good reason, been averted. pay for the Medicare Physician Fair- whether or not their reimbursement Rather than continuing to enact ness Act. We do not have a lack of will be cut. I support developing a new short-term fixes that produce steeper funding options; we have a lack of po- model that provides stability in Medi- cuts in the future, the Medicare Physi- litical will to make those tough deci- care payments. cian Fairness Act adopts the Obama sions. And lack of political will is not I am working with my colleagues to administration’s more realistic budget a good reason to add to the national find ways to address the Medicare phy- baseline. It does not increase spending deficit. sician payment formula, and pay for over recent trends or future action. It For years, I have called for signifi- the cost of doing so. preserves spending at current levels. cant reform of the Medicare sustain- f Adjusting the SGR baseline without able growth rate formula. I have heard an offset is not something I endorse from countless Wisconsin physicians MEDICARE PHYSICIAN FAIRNESS without hesitation. I believe in fiscal about how damaging these potential ACT OF 2009—MOTION TO PROCEED responsibility. And I am proud that the cuts are to their ability to provide CLOTURE MOTION Finance Committee health reform leg- health care. And I am seriously con- The PRESIDING OFFICER. All time islation will reduce the budget deficit cerned that without a comprehensive has expired.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.022 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10614 CONGRESSIONAL RECORD — SENATE October 21, 2009 The clerk will report the motion to The legislative clerk read as follows: standards and testing that have re- invoke cloture. Conference report to accompany H.R. 2647, sulted from the Columbia Accident In- The legislative clerk read as follows: a bill to authorize appropriations for fiscal vestigation Board, I would ask? Is CLOTURE MOTION year 2010 for military activities of the De- there any evidence that the cargo rock- We, the undersigned Senators, in accord- partment of Defense, to prescribe military ets, promised to execute their first ance with the provisions of rule XXII of the personnel strengths for fiscal year 2010, and servicing mission sometime in 2010, are Standing Rules of the Senate, hereby move for other purposes. better than the manned rockets that to bring to a close debate on the motion to The PRESIDING OFFICER. The Sen- have been under development for over 4 proceed to Calendar No. 178, S. 1776, the ator from Alabama is recognized. years? What do the experts say? Medicare Physician Fairness Act of 2009. Mr. SHELBY. Mr. President, I ask NASA’s own Aerospace Safety Advi- Harry Reid, Debbie Stabenow, Roland W. unanimous consent that I be allowed to Burris, Patty Murray, Mark Udall, sory Panel issued a report in April of Mark Begich, Frank R. Lautenberg, speak as in morning business for about this year that stated that ‘‘Commercial Amy Klobuchar, Jack Reed, Carl 10 minutes. Orbital Transportation Services vehi- Levin, Jeff Bingaman, Sherrod Brown, The PRESIDING OFFICER. Without cles are not proven to be appropriate to Sheldon Whitehouse, Barbara Boxer, objection, it is so ordered. transport NASA personnel.’’ Will the Kirsten E. Gillibrand, Charles E. Schu- NASA AND THE FUTURE OF HUMAN SPACE current Administrator, Mr. Bolden, mer, Jeanne Shaheen, Richard Durbin. FLIGHT who helped write these words, now con- The PRESIDING OFFICER. By unan- Mr. SHELBY. Mr. President, I would tradict his statement 6 months after imous consent, the mandatory quorum like to take the opportunity to expand putting his name to them? call has been waived. upon some of my earlier comments, Further, I would ask, what happened The question is, Is it the sense of the and those of other Members of the Sen- to the April report findings in the Au- Senate that debate on the motion to ate, in relation to NASA and the future gustine Commission recommendations? proceed to S. 1776, the Medicare Physi- of human space flight. Have there been findings since April cian Fairness Act of 2009, shall be I am concerned with aspects of the that were available to the Augustine brought to a close? Augustine Commission’s report that Commission that the Aerospace Safety The yeas and nays are required under add credibility to far-reaching options Advisory Panel was not privy to? If so, the rule. for furthering our manned space flight I would certainly look forward to re- The clerk will call the roll. program. If Congress and the public are viewing this new data. The legislative clerk called the roll. to be asked to spend more for change, The Augustine Commission states in The yeas and nays resulted—yeas 47, then it should be change that will give its own report that while human safety nays 53, as follows: us the best chance to succeed and to can never be absolutely assured, it is [Rollcall Vote No. 325 Leg.] continue to lead the world in human ‘‘not discussed in extensive detail be- YEAS—47 space exploration. cause any concepts falling short in Akaka Gillibrand Mikulski The Chairman of the Review of U.S. human safety have simply been elimi- Baucus Hagan Murray Human Space Flight Plans Committee, nated from consideration.’’ Yet we see Begich Harkin Nelson (NE) the vehicles currently deemed unsafe Bennet Inouye Pryor Norm Augustine, announced that safe- Bingaman Johnson Reed ty would be paramount. Yet, from re- for our astronauts being used in the Boxer Kaufman Reid viewing the preliminary information, Augustine Commission’s report as a Brown Kerry Rockefeller there is only one area where mission viable option to go to low Earth orbit. Burris Kirk Sanders When asked on September 15, 2009, Cantwell Klobuchar safety was examined in the report. The Schumer Cardin Landrieu about the readiness of emerging space Shaheen Augustine report contained no safety Carper Lautenberg contractors to provide manned space Specter Casey Leahy comparison for the various vehicles Stabenow considered by the panel and no risk as- flights, former NASA Administrator Dodd Levin Mike Griffin said: Durbin Lincoln Udall (CO) sessment based on each option. The Udall (NM) Feinstein Menendez only safety issue identified was an as- To confuse the expectation that one day a Franken Merkley Whitehouse commercial transport of crew will be there, sessment of how ‘‘hard’’ the panel NAYS—53 to confuse that expectation with the assump- thought each overall mission would be tion of its existence today or in the near Alexander Dorgan McCaskill to achieve—not the safest means to term I think is—is risky in the extreme. Barrasso Ensign McConnell complete the mission successfully. Bayh Enzi Murkowski Current and former NASA Adminis- Bennett Feingold Nelson (FL) Since safety is the most important trators are on record registering their Bond Graham Risch issue, these omissions are starling to doubts regarding the safety of these Brownback Grassley Roberts some of us. Bunning Gregg new commercial contractors. Sessions When making comparisons on the Companies that are new contractors Burr Hatch Shelby Byrd Hutchison safety and performance of the various Snowe within the aerospace community have Chambliss Inhofe Tester options, fundamental design dif- been provided a pathway that could po- Coburn Isakson Thune ferences cannot be lumped together Cochran Johanns tentially lead to billions in govern- Collins Kohl Vitter and considered to be equal. Without an ment funding to pursue opportunities Conrad Kyl Voinovich honest and thorough examination of to support International Space Station Warner Corker LeMieux the safety and reliability aspects of the operations, starting with cargo. I be- Cornyn Lieberman Webb Crapo Lugar Wicker various designs and options, the find- lieve the contractors wishing to pursue DeMint McCain Wyden ings of this report are worthless. I human launches to low Earth orbit The PRESIDING OFFICER. On this would like to know why this blue rib- should prove they can establish a reli- vote, the yeas are 47, the nays are 53. bon panel did not examine these safety able record of meeting the cargo and Three-fifths of the Senators duly cho- aspects. trash hauling responsibilities to sup- sen and sworn not having voted in the Constellation’s vehicles have been port the station before we turn over affirmative, the motion is rejected. planned and scrutinized by multiple the Nation’s human space flight future The Senator from Alabama is recog- stakeholders, all with a single goal in to them. nized. mind: to provide a safe and reliable Pretty slides and unproven promises human space flight system for our Na- will not show us you have the right f tion. stuff to be entrusted with the lives of NATIONAL DEFENSE AUTHORIZA- Flashy PowerPoint presentations and our astronauts. If these companies can TION ACT FOR FISCAL YEAR boisterous claims by potential com- be successful—and there is no reason to 2010—CONFERENCE REPORT—Re- mercial providers about their easy and doubt that eventually, someday, some- sumed simple science solutions to human how they will be—then NASA, the Con- Mr. SHELBY. What is the pending travel into space sound like the answer gress, and the public might be willing business? to all of our problems. What sounds too to hand over launches to low Earth The PRESIDING OFFICER. The good to be true usually is. Are these orbit. That day is not today and it will clerk will report the pending business. proposals subject to the same safety not be for years to come.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.042 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10615 But until that day arrives, I believe sure that this provision would go for- the crimes committed against people we should follow the path that has the ward as part of the conference report, because of sexual orientation, their safest manned vehicle, the vehicle fur- and I congratulate Senate Majority gender, their gender identity or their thest along in development, and, as Leader REID for his essential role in disability, which are much needed pro- mentioned several times by the Augus- this matter. tections. In addition, the legislation tine Commission itself, the program If I might, as I look over where my will provide resources to State, local, that, given appropriate funding, will dear friend and colleague, Senator Ken- and tribal law enforcement to address successfully provide a system that can nedy, sat for decades on this floor, I hate crimes. not only go to the space station but to wish to take the opportunity to re- President Obama has worked closely the Moon and beyond. member Senator Ted Kennedy, who with us to facilitate the quick passage Mr. President, I yield the floor. provided steadfast leadership on this of this vital hate crimes legislation. In Mr. LEAHY. Mr. President, yester- issue for more than a decade. I wish he his first few months in office, he has day, the Senate majority leader was re- could have been here to see this bill, acted to ensure that Federal benefits quired to file cloture to end a Repub- about which he was so passionate, fi- are awarded more equitably, regardless lican filibuster against the Department nally get enacted. I wish he was here in of sexual orientation, and now to en- of Defense authorization bill. We are in any event, but I am honored to be able sure that this hate crimes legislation two wars. We are in two wars, and we to see it through to the finish line for becomes law. Unlike previous years, are about to send, from my State of him. I know it meant a lot to him. I this bipartisan hate crimes bill does miss him, but I think this is a way we Vermont, 1,500 members of our Na- not face a veto threat. We have a Presi- can say to Senator Kennedy his good tional Guard to Afghanistan. We have dent who understands that crimes mo- work goes on. all kinds of things the Defense author- tivated by bias are particularly per- ization bill is designed for, including to Earlier this month was the 11th anni- versary of the brutal murder of Mat- nicious crimes and affect more than protect Americans serving abroad in just the victims and the victims’ fami- harm’s way. Yet the Republicans have thew Shepard. He was a college student who was beaten to death solely because lies. They affect all of us. They affect filibustered against the Department of us as a society. They weaken us and de- Defense authorization bill. The Senate of his sexual orientation. Matthew’s parents worked courageously and tire- mean us as a society, and we should all is going to vote on that tomorrow, pur- be opposed to such crimes. I expect the suant to our rules. I hope we will have lessly for this legislation, which aims to ensure this kind of despicable act President to sign this legislation with- a bipartisan vote proceeding to con- out delay. clude the debate on the conference re- will never be tolerated in this country. The bill was named for Matthew as Hate crimes instill fear in those who port which has been adopted by the well as for James Byrd, Jr. Mr. BYRD have no connection to the victim other House. I expect the Senate, on both was a Black man who was killed in 1998 than a shared characteristic, such as sides of the aisle, will vote to provide because of his race—another awful race or sexual orientation. For nearly the authorities necessary for our men crime which I will not even describe 150 years, we have responded as a na- and women in uniform. because it was so gruesome—but it gal- tion to deter and to punish violent de- I wonder what it would be like if you vanized the Nation against hateful vio- nials of civil rights by enacting Fed- were a soldier, a marine out on the lence. We appreciate and honor the im- eral laws to protect the civil rights of front lines in Afghanistan, and you get portant contribution of James Byrd’s all our citizens. The Matthew Shepard some news back home that one polit- family, as they have worked so hard for and James Byrd, Jr. Hate Crimes Pre- ical party is holding up the Depart- this legislation. vention Act of 2009 continues that ment of Defense authorization bill—the Unfortunately, the years since these great and honorable tradition—Mat- authorization for your equipment, the two horrific crimes have made clear thew Shepard, who was murdered be- authorization for your body armor, the that hate crimes remain a serious and cause of his sexual orientation; James authorization for your ammunition, growing problem. Only a few weeks Byrd, who was murdered because of his the authorization for your going for- ago, we saw—just a few blocks from race. In passing this legislation, we can ward. What would you think as the bul- this Capitol—a shooting at the Holo- say to them and everybody else that at lets are whizzing toward you? I know caust Memorial Museum, a place that last we in the Senate, the body that what I would think. I know what I should be sacred ground because of should be the conscience of the Nation, would have thought when my young what it remembers. We saw a vicious will show, once again, that America son was in the Marine Corps and got hate crime, with a man dying trying to values tolerance and protects all its called for service in the Middle East. I defend the Holocaust Memorial Mu- people. know what I would have thought of seum. I think this bipartisan legisla- The PRESIDING OFFICER. The Sen- people holding up the authorization for tion will help law enforcement respond ator from Wyoming is recognized. the equipment he needed. more effectively to this problem. It is a Also, as part of that conference re- Mr. ENZI. Mr. President, I ask unani- testament to the importance of this mous consent that Senator BARRASSO port, we are going to be adopting the legislation that the Attorney General Hate Crimes Prevention Act, including and I be permitted to speak as in morn- of the United States, Eric Holder, came ing business to offer some comments the provision added by the ranking Re- to the Judiciary Committee in June to publican on the Senate Judiciary Com- about Senator Cliff Hansen, who passed testify in favor of it. We have been away last night, and to agree to a reso- mittee, Senator SESSIONS, to create a urged to pass this bill by State and lution. new criminal offense for attacks local law enforcement organizations against servicemembers because of The PRESIDING OFFICER. Without and dozens of leaders in the faith and objection, it is so ordered. their service. I would hope we will be civil rights communities. I wish, when (The remarks of Mr. ENZI and Mr. moving forward on that. I had been a prosecutor in the State of BARRASSO are printed in today’s After more than a decade, Congress is Vermont, that we had had such legisla- RECORD under ‘‘Morning Business.’’) finally set to pass the Matthew tion so we could have called on it when Mr. ENZI. I suggest the absence of a Shepard and James Byrd, Jr. Hate we needed help. Crimes Prevention Act of 2009 as an This historic hate crimes legislation quorum. amendment to the Defense Authoriza- will improve existing law by making it The ACTING PRESIDENT pro tem- tion Act. I know the President will easier for Federal authorities to inves- pore. The clerk will call the roll. sign this, and I am proud the Congress tigate and prosecute crimes of racial or The assistant legislative clerk pro- has come together to show that vio- ethnic or religious violence. Victims ceeded to call the roll. lence against members of any group be- will no longer have to engage in a nar- Mr. MERKLEY. Mr. President, I ask cause of who they are is not going to be row range of activities, such as serving unanimous consent that the order for tolerated in our country. I thank Sen- as a juror, to be protected under Fed- the quorum call be rescinded. ator COLLINS for cosponsoring the eral law. The PRESIDING OFFICER (Mr. amendment with me. I commend Sen- It also focuses the attention and re- BURRIS). Without objection, it is so or- ator LEVIN for working so hard to en- sources of the Federal Government on dered.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.045 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10616 CONGRESSIONAL RECORD — SENATE October 21, 2009 UNEMPLOYMENT It is paid for through extending a fee remind my colleagues and all Ameri- Mr. MERKLEY. Mr. President, I rise employers are already paying. So it cans about the fiscal realities in which to address the devastating jobs crisis puts no additional pressure on business we find ourselves. I promised I would hitting my home State of Oregon. Last but provides a critical safety net to our continue these efforts until we did Monday, we got new job numbers. On out-of-work Americans. something to address this crisis, so my the face, it was good news. The rate of Before I close, I wish to add one colleagues are going to see a lot of me unemployment dropped from 12.2 per- point: This bill will help these families between now and the end of the year. cent to 11.5 percent. Of course, we and workers get by, but it will also Hopefully something will get done on would all expect this is because there help our economy as a whole by put- this issue before the end of the year. were more jobs. ting money into the hands of those who Unfortunately, I return today to tell As it turns out, that is not the case. need it most. Unemployment benefits my colleagues that the bill to repeal Oregon lost 10,300 jobs in September. rapidly turn into bags of groceries, new the Medicare physician payment for- The unemployment rate dropped sim- and secondhand school clothes, needed mula the Senate considered earlier ply because, in the face of so much un- home repairs. All of that has a big im- today is a step in the opposite direc- employment, many Oregonians are giv- pact on small businesses in Douglas tion, and I was very pleased with the ing up in their search for a job. A year County and small towns such as vote on that. There were 47 votes for ago, 121,000 Oregonians were unem- Roseburg, Sutherlin, and Myrtle Creek. cloture and 53 votes in opposition, so ployed. This September, 211,000 Orego- That is why economists say extend- we had more opposed than we had for nians were out of work. Jobs are hard ing unemployment insurance is about cloture. to find in my home State right now. the best job-creating step the Federal When I spoke here earlier this fall, I The reasons for this are many. We Government could take. I understand discussed one of my children’s favorite are an export State that has seen our some of my colleagues on the other stories, ‘‘The Emperor’s New Clothes’’ trading partners hit hard with their side of the aisle are objecting to con- by Hans Christian Anderson. This little own economic problems, countries such sideration of this bill. They do not piece of artwork I have in the Chamber as South Korea whose GDP, year over want that bill to come to this floor. is in that fairytale. year, dropped up to 20 percent. I think we need to look more closely In the tale, an emperor goes about Mexican penalty tariffs have hit Or- at this issue. A bill extending unem- the land wearing a nonexistent suit egon’s agricultural sector, our fruits ployment benefits to assist in shoring sold to him by a new tailor who con- and our Christmas trees, particularly up the financial foundations of our vinced the monarch the suit was made hard. One of our main industries, the working families while they are still of the finest silks. The tailors—two timber industry, which produces di- searching for those jobs is essential. swindlers—tell the emperor that the mensional lumber for construction all We need to have not partisan potshots threads of his robes will be so fine that across this great United States, has but real help for working families. they will look invisible to those dim- been wiped out by the collapse of con- I appreciate that some Members of witted or unfit for their position. The struction and housing sectors of our this Chamber may come from States emperor and his ministers, themselves economy. that are doing quite well right now. unable to see the clothing, lavish the Allow me to zero in on the county There may be some States in America tailor with praise for the suit because where I was born, Douglas County. In that are not in the middle of a jobs cri- they do not want to appear to be dim- September, Douglas County had a sea- sis, but far too many of our States are witted or incompetent. sonally adjusted unemployment rate of similar to Oregon, where families need Word spread across the kingdom of 16.1 percent. One out of every six adults assistance. The delay of providing an the emperor’s beautiful new clothes. To was out of a job. Douglas County is a extension of unemployment benefits show off the extraordinary suit, a pa- big timber county. There is no market will cause real pain to families in those rade was formed. People lined the for dimensional lumber right now. The States and slow down the effort for our streets to see the emperor show off his recovery package has helped some by economy as a whole to recover. new clothes. Again, afraid to appear creating jobs preventing wildfires in I urge my colleagues to join in sup- stupid or unfit, everyone pretends to porting the working families of Doug- choked and overgrown second-growth see the suit. It is only when a child las County, the working families of Or- forests, but that is not enough. cries out ‘‘the emperor wears no We need the housing markets to turn egon, the working families of the clothes’’ does the crowd acknowledge around. We need to diversify Douglas United States of America, and support that the emperor is, in fact, naked. County’s economic base by investing in job creation by supporting this exten- Mr. President, much like the emperor clean energy technology that will turn sion of unemployment benefits. in this story, America’s elected leaders I yield the floor. biomass from the forests into renew- know we face a fiscal train wreck, but The PRESIDING OFFICER. The Sen- able fuels. we are choosing to ignore our current ator from Minnesota is recognized. We are hard at work on both fronts, economic reality. The American people (The remarks of Ms. KLOBUCHAR per- attempting to stabilize housing and taining to the submission of S. Res. 317 know ‘‘we are naked,’’ and so does the crafting new clean energy legislation. rest of the world, and our credibility are located in today’s RECORD under But in the meantime, workers in Doug- ‘‘Submission of Concurrent and Senate and our credit are at risk, but we las County are hurting. There are not Resolutions.’’) refuse to acknowledge what is obvious: enough jobs. It is a crisis for the Doug- Ms. KLOBUCHAR. I suggest the ab- When it comes to fiscal responsibility, las County families. sence of a quorum. ‘‘the emperor wears no clothes.’’ Yet In a crisis, we help our neighbors. The PRESIDING OFFICER. The earlier today we had a vote on whether One of the best ways we can help our clerk will call the roll. to proceed to a bill that would have neighbors and friends in Douglas Coun- The legislative clerk proceeded to added $247 billion to our Nation’s debt. ty and other counties throughout Or- call the roll. The interest alone adds another $50 bil- egon and other counties throughout Mr. VOINOVICH. Mr. President, I ask lion in debt over the next 10 years. We the United States of America is to pass unanimous consent that the order for are just going to put it on the national an extension of unemployment bene- the quorum call be rescinded. credit card and let our children and fits. The PRESIDING OFFICER. Without grandchildren take care of it. We are Let me be clear: Oregonians want objection, it is so ordered. the biggest credit card abusers in the jobs. That is our first and best answer. Mr. VOINOVICH. Mr. President, I ask world, and the credit cards we are If there are jobs out there, citizens will unanimous consent that I be permitted using are the credit cards of my chil- line up to get them. But when there are to speak as in morning business for up dren and grandchildren and other no jobs, we need to have help. The ex- to 10 minutes. Americans. I am pleased, as I said, that tension of unemployment benefits is The PRESIDING OFFICER. Without a majority of my colleagues joined me such help. It would extend benefits for objection, it is so ordered. in opposing moving forward with this 14 weeks for all States and 20 weeks for MEDICARE PHYSICIAN PAYMENT FIX legislation. high unemployment States such as the Mr. VOINOVICH. Mr. President, sev- The President has said the health State of Oregon. eral weeks ago I came to the floor to care reform bill would not add one

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.049 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10617 dime to the deficit. Yet the bill we years, the money coming in is not Time is running out. The dollar is voted on earlier today should be a larg- going to be adequate to take care of going down. People are talking about er part of reform legislation, and it is people who are on Social Security, so not using the dollar as an exchange going to spend over $1⁄4 trillion without we are going to have to borrow that anymore. Most of the economic experts paying for it—that is what would have money in order to take care of their say if we keep going on this happened. needs. We need to take a comprehen- unsustainable course, we are going to I suppose it is easy to make claims sive look at the program. see interest rates start to skyrocket in about health care reform legislation I will be the first to admit we must this country. Over half our debt is in not adding to the deficit when Congress honor our commitment to our Nation’s the hands of the Chinese and the Indi- takes the parts that cost money off the seniors and ensure they have access to ans and the OPEC nations and Japan. table, but to do so is fiscally irrespon- quality health care services. I have We are in bad shape. The public under- sible and morally corrupt. heard it firsthand from family and stands it. They understand. They un- The physician fix was left out of the friends that in some places in Ohio, derstand that the emperor has no Finance Committee, I suspect, not be- Medicare beneficiaries face delays for clothes. We are not doing anything cause my colleagues do not agree it is physician services right now. In fact, about the problem, and they get it a fundamental part of health care re- 6.8 percent of Ohioans live in a des- today. form but because it would have cost ignated primary care shortage area. We I happen to believe that the undertow money my colleagues did not want to need more doctors and nurses. The sit- that is out there in the country today account for in the bill. If the Finance uation is only going to get worse. Thir- in terms of health care reform and in Committee would have included the fix ty-nine percent of physicians are over terms of climate change is the fact in their bill, the $81 billion surplus the age of 50 and considering limiting that the American people understand they say the bill will create would have the amount of time they see patients. that things aren’t right. The American quickly turned into a deficit. That is For these reasons, I have been advo- people in the Presiding Officer’s State, unacceptable, and I am not the only cating for the past several years that in my State, do you know what they one who feels that way. The Wash- we need a permanent and commonsense are doing? They are buying less. They ington Post discussed the effort to take fix for the flawed sustainable growth are not putting it on their cards. They the fix for the sustainable growth for- rate formula, which we refer to as the are trying to save some money. They know they have been on a binge. They mula—the formula that calculates re- doc fix. I do not think there is anyone look to us and they say, What are you imbursement for physicians under on either side of the aisle who dis- doing? What are you doing? We care Medicare—out of the larger health care agrees. We need to do that. Yet this about ourselves, but we also care about bill as a ‘‘shell game’’ and ‘‘budgetary bill we just considered is not the way our children and grandchildren. It is smoke and mirrors.’’ This is just an- to do it. Any fix must be part of a larg- not fair to those individuals to do what other illustration of our out-of-control er conversation, and it must be done in we are doing. spending that has caused our national a way that does not simply add to the We have a moral obligation to do debt to skyrocket. burden we are already placing on our what we can to try to make sure this One of the reasons I ran for the Sen- children and grandchildren. generation’s standard of living will not ate and came to Washington a long I am pleased that in a letter last be less than those who came before time ago was to reduce the Federal week to Senator REID, 10 Senate Demo- them. Many people believe that is debt and balance our budgets. That is crats joined me in this conclusion, ask- going to be the case. The passage of the what I did when I was mayor of Cleve- ing the majority leader that he get se- legislation to fix the physician pay- land. That is what I did when I was rious about the Federal debt and tax ment formula by borrowing more Governor of Ohio. When I arrived in the and entitlement reform. They believe, money will only help guarantee that Senate in 1999, the gross national debt as I do, that we cannot continue to they are right. stood at $5.6 trillion, or 61 percent of keep spending without consequence. As We have a serious problem. I will be the GDP. Today, the gross national I have been advocating, we must give coming to the floor over and over to debt is nearly $11.8 trillion, and the larger reform serious thought before it see if we can’t do it. I am going to do President will be coming before us to is too late. We must act on the tough what I can to convince the President raise the national debt to, I think, over issues today. that he ought to participate in setting $12 trillion. The 2009 deficit stands at As Gerald Seib noted in the Wall up this commission, working with Sen- about $1.4 trillion. Street Journal yesterday: ator GREGG and Senator KENT CONRAD, I just got back 2 weeks ago from Ath- Administration officials also know they to see if we can’t get them together to ens, Greece, and an Organization for have little choice but to start showing early agree on what this commission would Security and Co-operation meeting in next year that they take the deficit seri- look like. We are hoping the President Athens. When I shared with my col- ously, for both political and economic rea- sons. is alert enough to know that if he leagues that we borrowed $1.4 trillion doesn’t deal with this problem, it is not to run the government—and they were That is why Senator LIEBERMAN and only a substantive problem that needs all asking for help—they were as- I have introduced legislation called Se- to be dealt with but a major political tounded. They just could not believe it. curing America’s Future Economy, problem that he is going to have. The I also reminded them that debt was which basically creates a bipartisan American public demands that we start like the debt we racked up during the commission that would deal with the talking about doing something about Second World War. In other words, that deficit and deal with tax reform; that if this problem and they know we are is the period to which you can compare a supermajority of those agree to the running out of time. it. So the 2009 deficit stands at $1.4 tril- solution, that would get expedited pro- I yield the floor. lion and at $9.1 trillion over the next cedure on the floor of the Senate and The PRESIDING OFFICER. The Sen- decade, which does not include the bor- move to an up-or-down vote, very much ator from North Dakota is recognized. rowing from the trust funds and which like we do with the BRAC process. We INTERNET NEUTRALITY is three times the largest deficit in our have been trying to do this now for 4 Mr. DORGAN. Mr. President, tomor- history. years. We have talked to the OMB Di- row at the Federal Communications It does not take an economist to re- rector, Peter Orszag. It is interesting. Commission there will be a vote on a alize our current course is Two years ago he was with a lot of proposed rulemaking. It is a rule- unsustainable. The Medicare Program former CBO Directors and said, We making on something called net neu- is scheduled to be bankrupt by 2017. I have to have a commission. It is the trality. Let me put that in English, if cannot understand why we are not only way we are going to deal with en- I might. It is about Internet freedom. I talking about that. That means the titlements; it is the only way we are wish to talk for a moment about the supply of money coming in is not going going to deal with tax reform, yet we importance of this. to be enough to take care of the de- are not able to convince the adminis- One would think, given the reaction mand—just what is happening now in tration to move forward with us to by some and dozens and dozens of let- Social Security. In the next couple tackle this very heavy responsibility. ters that are now going to the FCC,

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.050 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10618 CONGRESSIONAL RECORD — SENATE October 21, 2009 that what is going to happen tomorrow I said: What are you doing? can set up a toll booth. Anyone has is some unbelievable vote on some con- Well, I have a business, she said. freedom and access anywhere on the troversial proposal that has had no dis- I said: Well, what kind of business do Internet. cussion. It is not that at all. It is a no- you have? That is the way the Internet was de- tice of proposed rulemaking. It is the Well, I sell on the Internet. I pur- veloped. That is its origin and that is beginning of a process to describe a chase jewelry and then I sell it on the the way most of its life has existed. rulemaking on what is called net neu- Internet. Then the Federal Communications trality or the principle of non- Sure enough, in the little porch com- Commission came along and said, We discrimination with respect to the ing into the home she had cardboard are going to redefine the Internet as an Internet. boxes and tape and the kinds of things information service rather than a tele- I wish to describe how important you would do to box something up and phone service and the result is the non- that is. The Internet is an unbelievable send it. Here in this little town in discrimination rules fell off the chart new invention in our lifetime. It was southwestern North Dakota, a town of because they attached to the telephone created by the Federal Government. A 300 people, a woman, in the home I service. So some of us have said, Well, bunch of scientists and engineers in the grew up in, was running a business. we certainly want to maintain and con- Federal Government described this I said: How do you do? tinue nondiscrimination rules. I mean, method of communicating one to an- She said: Pretty well. This income who would be for discrimination, right? other with computer technology and it supplements my husband’s income. She So we want to maintain the non- became the Internet. The Internet de- said: I sell on eBay. discrimination rules. We want to, with veloped over a number of years in a Well, you know what? In that little what is called network neutrality or completely free and open architecture. kitchen, anybody in the world can find net neutrality, restore the non- That meant that anyone could go to her business—anybody in the world can discrimination rules and the basic free- anyplace and see anybody on the Inter- find that business. Why? Because the dom under which the Internet devel- net. So the stories are legend. Internet is open. The architecture has oped in the first instance. That has It was, I believe, 11 years ago when never been closed. The whole notion of been our effort. That is what the Chair- Larry and Sergey, two young men in the Internet is this notion of freedom, man of the Federal Communications college in a dormitory room started a of liberty to go anywhere you want to Commission is attempting to do. It is company. They moved it to a garage go. In the last 31⁄2 years I have written to begin tomorrow with a notice of pro- that had a garage door opener, and it two books and I have discovered in the posed rulemaking. It doesn’t mean he had eight employees, and they had this writing of books how unbelievable the is saying, Here is exactly what we are idea, a new company, a new search en- Internet is to be able to go to anywhere going to do; it is saying, Let’s propose gine. It had eight employees and it was in the world and do research. If you a rulemaking and that rulemaking in a garage with a garage door opener want to know something, go there, and process will allow everybody to weigh 11 years ago. Well, now it is called nobody is going to stop you from going in, to make comments, to be involved Google. wherever you wish to go. Put it in a with the question of exactly what kind But it is not just Larry and Sergey search engine, go find it, and you will of a rule they may or may not write. having a dream and a vision. It is so find it in some crevice on the Internet. I think what the Federal Commu- many others as well. It is Jeff Bezos Somebody out there has put it on the nications Commission is doing tomor- who drove to California with an idea Internet for you to see. It is the most row is exactly the right thing. I know and that idea became Amazon.com, unbelievable research tool I have ever there are some who are pushing back. selling books, and then selling almost found. In fact, there are some who have said, everything. Or it became someone with So, yes, it is Google, it is Amazon, it We want to set up a toll booth. There an idea about having an auction on the is eBay, it is the big companies, but are some CEOs of some large compa- Internet, and it became eBay, and most much more than that, it is the back- nies who have suggested, You know of us know about eBay. Or it became bone that allows people all over this what. Those wires belong to us. We Mark Zuckerberg who had an idea of country and the world to do business. want to be able to have some toll something called Facebook. Well, I am Yes, from their kitchen, from their ga- booths and so on. talking about huge successes. But for rage. Some of those businesses will I don’t believe they should be able to every one of those—Facebook, eBay, grow to become names we don’t now set up any impediments. By that I am Amazon, Google—for every one of those know but will, because they will be not suggesting they don’t have a right large companies that have now grown successful. They will be the next inven- to have security for their networks; on the Internet, there are millions of tion, the next opportunity on this they certainly do. I am not suggesting people out there who are conducting a thing called the Internet. they don’t have a right to do certain business in their kitchen, in their dorm Here is the question: The Internet kinds of inspections to make sure that room, in their garage, because they are was created under circumstances that the kinds of things that are prohib- the next enterprising person to succeed required rules of nondiscrimination. ited—child pornography and others— on the Internet. For the first portion of its birth and are stopped on the Internet. But what I The question is this: If there is some- then origin, it was an Internet that was am saying is the architecture under one in my hometown—and let me de- described as a telephone service and it which the Internet itself was created is scribe that someone, because it hap- was subject to rules that had non- an architecture all of us should aspire pened to be someone who is now occu- discrimination, so no one could dis- to continue, and that is nondiscrimina- pying the home that I grew up in; a criminate. It was completely open, tion rules and transparency. This is very small, two-bedroom home in a completely free. Its architecture was very simple. So tomorrow there will be small town of 300 people. I had not been available to anyone at any time. Any- a vote at the FCC. I would say to the back for some long while to see the body can go anywhere at any time. No- chairman of the FCC and to all of the home. So I knocked on the front door. body has a toll booth, nobody is a gate- Commissioners that you are doing the When the woman answered, I asked if I keeper. It is completely open and free. right thing by proceeding to make cer- could see the home that I grew up in, The biggest company over here and the tain that the future of the Internet is where I spent my first 17 years, and she smallest enterprise over here—big cor- open and has free access with non- said: Of course. Come on in. So I came porate executives wearing gray suits discrimination rules and transparency. in and she was doing something that I making lots of money, and two people Here are a couple of letters I wish to found kind of interesting. She had in in a dorm room or someone in a small have printed in the RECORD, if I might the small kitchen on the table a cam- kitchen in a small town—they are ask unanimous consent. One is a letter era, and the camera was pointed at an equal. Anybody has access to both to Chairman Genachowski and this let- aperture with an arm and on the arm sites, or all sites. That is called non- ter is dated October 19th: was hanging a bracelet, a little gold discrimination and the nondiscrimina- We write to express our support for your bracelet, and she was taking a picture tion rules say no one can set up a bar- announcement that the FCC will begin a of the gold bracelet. rier. No one can set up a gate. No one process to adopt rules to preserve an open

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.051 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10619 Internet. We believe a process that results in Netflix, Inc.; Stan Glasgow, President new tools and opportunities for communica- common sense baseline rules is critical to & COO, Sony Electronics; Carl J. tion, education, health care, business, and ensuring that the Internet remains a key en- Grivner, CEO, XO Communications; every other human endeavor. gine of economic growth, innovation, and Ashwin Navin, Co-Founder, BitTorrent, We look forward to working with you in global competitiveness. Founding Partner, i/o Ventures; Kevin developing clear rules to protect the open Let me not read it all, but let me Rose, Founder, Digg; Mark Zuckerberg, Internet, and in building together a frame- work to secure its future and promote its read the final paragraph of this letter: Founder & CEO, Facebook; Reid Hoff- man, Executive Chairman, Linkedin; continued growth. America’s leadership in the technology Howard Janzen, CEO, One Communica- Sincerely, space has been due, in large part, to an open tions; Thomas S. Rogers, President & Immad Akhund, Co Founder, Heyzap; Internet. We applaud your leadership in ini- CEO, TiVo Inc. Brian Ascher, Venrock; Aneel Bhusri, tiating a process to develop rules that ensure Steven Chen, Founder, YouTube; James Partner, Greylock Partners (and Co- the qualities that have made the Internet so F. Geiger, Chairman & CEO, Cbeyond; Founder and Co-CEO, Workday); Matt successful are protected. John Donahoe, CEO, eBay, Inc.; Blumberg, Chairman & CEO, Return That is a letter from a large group of Caterina Fake, Founder, Flickr; Scott Path, Inc.; Brad Burnham, Union people who run Internet companies and Heiferman, CEO & Co-Founder, Square Ventures; Stewart Butterfield, applications, from Craigslist, Meetup; David Ulevitch, Founder, Co-Founder, Flickr; Ron Conway, Founder, SV Angel LLC; John Doerr, EchoStar, Google, Mozilla, Skype, OpenDNS; Evan Williams, Co-Founder & CEO, Twitter; Mark Pincus, CEO, Partner, Kleiner Perkins Caufield & Amazon, Expedia, Netflix, Sony Elec- Zynga. Byers; Timothy Draper, Founder and tronics, XO Communications, Mr. DORGAN. Mr. President, this is a Managing Director, Draper Fisher Facebook, eBay, and so many others; letter from the largest venture capital Jurvetson; Caterina Fake, Co-Founder, Twitter, and Meetup, so many different Flickr & Hunch. funds in the country that have made folks who know of what they are Brad Feld, Co-Founder, Foundry Group; substantial investments in these com- speaking. I support this letter and Peter Fenton, Benchmark Partners; panies that have helped the Internet commend it to the Chairman of the Eyal Goldwerger, CEO, TargetSpot; grow; Jude Gomila, Co founder, Heyzap; FCC. Again, I ask unanimous consent Dear Chairman Genachowski: We write to Mark Gorenberg, Managing Director, that it be printed in the RECORD. express our support for the Commission’s on- Hummer Winblad; Jordan Greenhall, There being no objection, the mate- going efforts to adopt rules to safeguard the Founder of Divx; Bill Gurley, Bench- rial was ordered to be printed in the open Internet. As business investors in tech- mark Partners; Jed Katz, Managing Di- RECORD, as follows: nology companies, we have first-hand experi- rector, Javelin Venture Partners; Dany OCTOBER 19, 2009. ence with the importance of guaranteeing an Levy, Founder, DailyCandy; Mario Hon. JULIUS GENACHOWSKI, open market for new applications for serv- Marino, Member, Executive Advisory Chairman, Federal Communications Commis- ices on the Internet. Clear rules to protect Board, General Atlantic LLC. sion, Washington, DC. and promote innovation at the edges of the Jason Mendelson, Managing Director, DEAR CHAIRMAN GENACHOWSKI: We write to Internet will reinforce the core principles Mobius Venture Capital; Michael express our support for your announcement that led to its extraordinary social and eco- Moritz, Sequoia Capital; Kim Polese, that the Federal Communications Commis- nomic benefits. Open markets for Internet CEO of Spike Source, Inc.; Avner sion will begin a process to adopt rules that content will drive investment, entrepreneur- Ronen, CEO of Boxee; Pete Sheinbaum, preserve an open Internet. We believe a proc- ship and innovation. For these reasons, Net Former CEO of Daily Candy; Ram ess that results in common sense baseline Neutrality policy is pro-investment, pro- Shriram, Founder, Sherpalo; David rules is critical to ensuring that the Internet competition, and pro-consumer. Sze, Partner, Greylock Partners; Al- remains a key engine of economic growth, I ask unanimous consent to have bert Wenger, Union Square Ventures; innovation, and global competitiveness. Steve Westly, Managing Director, The printed in the RECORD this letter from Westly Group; Fred Wilson, Union For most of the Internet’s history, FCC the venture capital firms that know a rules have ensured that consumers have been Square Ventures. able to choose the content and services they lot about the Internet. Mr. DORGAN. Mr. President, finally, want over their Internet connections. Entre- There being no objection, the mate- I ask unanimous consent to have print- rial was ordered to be printed in the preneurs, technologists, and venture capital- ed in the RECORD a letter from the ists have previously been able to develop new RECORD, as follows: folks who created the Internet. The list online products and services with the guar- OCTOBER 21, 2009. is headed by Vinton Cerf, who is often antee of neutral, nondiscriminatory access Hon. JULIUS GENACHOWSKI, called the ‘‘father of the Internet.’’ I by users, which has fueled an unprecedented Chairman, Federal Communications Commis- era of economic growth and creativity. Ex- sion, Washington, DC. know Vint Cerf. He is an extraordinary isting businesses have been able to leverage DEAR CHAIRMAN GENACHOWSKI: We write to man. Others signing this letter include the power of the Internet to develop innova- express our support for the Commission’s on- Stephen Crocker, David Reed, Lauren tive product lines, reach new consumers, and going efforts to adopt rules to safeguard the Weinstein, and Daniel Lynch: these are create new ways of doing business. open Internet. As business investors in tech- all Internet pioneers. They were there An open Internet fuels a competitive and nology companies, we have first-hand experi- at the beginning. They created this un- efficient marketplace, where consumers ence with the importance of guaranteeing an believable engine of opportunity for make the ultimate choices about which open market for new applications and serv- the American people. They write a products succeed and which fail. This allows ices on the Internet. Clear rules to protect businesses of all sizes, from the smallest and promote innovation at the edges of the similar letter saying: startup to larger corporations, to compete, Internet will reinforce the core principles As individuals who have worked on the yielding maximum economic growth and op- that led to its extraordinary social and eco- Internet and it predecessors continuously be- portunity. nomic benefits. Open markets for Internet ginning in the late 1960s, we are very con- America’s leadership in the technology content will drive investment, entrepreneur- cerned that access to the Internet be both space has been due, in large part, to the open ship and innovation. For these reasons, Net open and robust. We are very pleased by your Internet. We applaud your leadership in ini- Neutrality policy is pro-investment, pro- recent proposal to initiate a proceeding for tiating a process to develop rules to ensure competition, and pro-consumer. the consideration of safeguards to that end. that the qualities that have made the Inter- Permitting network operators to close net- This is a letter to Chairman net so successful are protected. work platforms or control the applications Genachowski from the folks I men- Sincerely, market by favoring certain kinds of content tioned. I ask unanimous consent to Jared Kopf, Chairman & President, would endanger innovation and investment have printed in the RECORD this letter. AdRoll.com; Craig Newmark, Founder, in an investment sector which represents There being no objection, the mate- Craigslist; Charles E. Ergen, Chairman many billions of dollars in economic activ- & CEO, EchoStar Corporation; Eric ity. The Commission is absolutely correct to rial was ordered to be printed in the Schmidt, CEO, Google Inc.; John Lilly, propose clear rules that require competition. RECORD, as follows: CEO, Mozilla Corporation; Josh Silver- The promise of permanently securing an OCTOBER 15, 2009. man, CEO, Skype; Gilles BianRosa, open Internet will deliver consumers and Hon. JULIUS GENACHOWSKI, CEO, Vuze, Inc.; Jeff Bezos, Founder & innovators a perfect free market that drives Chairman, Federal Communications Commis- CEO, Amazon.com; Jay Adelson, CEO, investment, job creation, and consumer wel- sion, Washington, DC. Digg; Erik Blachford, Former CEO, fare. These principles should apply across all DEAR MR. CHAIRMAN: We appreciate the op- Expedia. Internet access networks, wired or wireless. portunity to send you this letter. As individ- Barry Diller, Chairman & CEO, IAC; Investment and innovation at the edge of uals who have worked on the Internet and its Reed Hastings, Co-Founder & CEO, the network will create not just jobs but also predecessors continuously beginning in the

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.052 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10620 CONGRESSIONAL RECORD — SENATE October 21, 2009 late 1960s, we are very concerned that access is a controversial issue, although it ramifications for our ability to detain to the Internet be both open and robust. We should not be. foreign nationals safely outside our are very pleased by your recent proposal to The basic principle of freedom on the borders during wartime at the U.S. initiate a proceeding for the consideration of Internet, open architecture on the naval station at Guantanamo Bay, safeguards to that end. In particular, we believe that your net- Internet, the openness with which this Cuba. The case also provides insight work neutrality proposal’s key principles of Internet was created ought to persuade into the question of the best place to ‘‘nondiscrimination’’ and ‘‘transparency’’ are everyone to say: Yes, let’s restore the detain and try foreign terrorists. necessary components of a pro-innovation conditions under which the Internet The case involves a group of ethnic public policy agenda for this nation. This has always operated, up until recently; Chinese Uighurs who are detained at initiative is both timely and necessary, and that is, nondiscrimination and trans- Guantanamo Bay. The Uighurs won we look forward to a data-driven, on-the- parency. their habeas corpus petition to be re- record proceeding to consider all of the var- There are some interests in this leased from custody. Many of these ious options. country, I understand, some economic We understand that your proposal, while Uighurs, however, had received ter- not even yet part of a public proceeding, al- interests that say: No, we don’t want rorist training in the Tora Bora Moun- ready is meeting with strong and vocal re- that. We want some opportunity to tains of Afghanistan, including weap- sistance from some of the organizations that perhaps go a different direction. We ons training on AK–47 assault rifles at the American public depends upon for had one CEO in this country say: You a camp run by the head of a group that broadband access to the Internet. As you know what. I want some of these com- our State Department has designated a know, the debate on this topic has been panies on the Internet to pay me for terrorist organization and that the lengthy, and many parties opposing the con- the right to move on my lines. Once United Nations has listed as a group cept have systematically mischaracterized that starts, once we go down that road the views of those who endorse and support associated with Osama bin Laden, al- your position. with those who have the muscle or the Qaida, or the Taliban. We believe that the existing Internet ac- strength to decide who is going to cross Not surprisingly, it has not been easy cess landscape in the U.S. provides inad- and who is not, who can get by their to find countries eager to accept the equate choices to discipline the market toll booth and who cannot, then I am Uighurs into their civilian populations. through facilities-based competition alone. telling you there are Larrys and So the Uighurs sued to be released into Your network neutrality proposals will help Sergeys in a dorm room out there the United States. Federal District protect U.S. Internet users’ choices for and someplace or a woman in a kitchen Court Judge Ricardo Urbina granted freedom to access all available Internet serv- ices, worldwide, while still providing for re- with a small business that is not going the Uighurs’ request and ordered them sponsible network operation and manage- to succeed. And that innovation, that released in our country. It did not mat- ment practices, including appropriate pri- new company, that new business for ter to Judge Urbina that the Uighurs vacy-preserving protections against denial of this country, the expansion of the did not have an immigration status or service and other attacks. Internet and opportunity that comes that they had received military-style One persistent myth is that ‘‘network neu- with it will not exist. Why? Because we weapons training or that they had as- trality’’ somehow requires that all packets failed to continue the open architec- sociated with a terrorist group. He was be treated identically, that no prioritization ture and the basic freedoms on which persuaded by their argument that jus- or quality of service is permitted under such a framework, and that network neutrality the Internet was created and on which tice required that they be released would forbid charging users higher fees for we still ought to govern the future of right here in the United States. faster speed circuits. To the contrary, we be- the Internet. Fortunately, the DC Circuit Court re- lieve such features are permitted within a What Julius Genachowski, the new versed Judge Urbina. It ruled that even ‘‘network neutral’’ framework, so long they chairman, is doing tomorrow at the though the Uighurs had won their ha- are not applied in an anti-competitive fash- FCC is exactly the right thing. He is beas corpus petition, they did not have ion. not mandating some specific menu. He a right to be released into the United We believe that the vast numbers of inno- is beginning a rulemaking process States. In other words, it ruled that vative Internet applications over the last decade are a direct consequence of an open which, at the end, in my judgment, will even if the government had to release and freely accessible Internet. Many now- result in the restoration of two basic them, it did not have to release them successful companies have deployed their principles: nondiscrimination on the into Alexandria or Annandale or Falls services on the Internet without the need to Internet and transparency. Is there Church or anywhere else in Northern negotiate special arrangements with Inter- anyone who believes those principles Virginia that the Uighurs might like to net Service Providers, and it’s crucial that are not fair, are not reasonable? I don’t go. future innovators have the same oppor- think so. The DC Circuit’s ruling is important tunity. We are advocates for ‘‘permissionless There has been a flurry of protests, to national security in general and to innovation’’ that does not impede entrepre- an unbelievable dust created by a lot of the debate over where we should try neurial enterprise. We commend your initiative to protect and noise, a lot of crowd noise around this foreign terrorists in particular. The DC maintain the Internet’s unique openness, and issue. I hope perhaps the chairman and Circuit noted that the Supreme Court support the FCC process for considering the those on the Commission who believe has held that foreign nationals, with- adoption of your proposed nondiscrimination we ought to move in this direction un- out property or presence in the United and transparency principles. derstand there is very substantial sup- States, have fewer legal rights than Respectfully, port for what they are trying to do. foreign nationals who are present on VINTON G. CERF, That support exists in a letter I am American soil. Internet Pioneer. sending today with some of my col- The DC Circuit also noted that the STEPHEN D. CROCKER, Internet Pioneer. leagues to say that support is here. Supreme Court has repeatedly ruled DAVID P. REED, Work that Senator SNOWE and I have that a sovereign has a right to control Internet Pioneer. done on this issue will be reflected as its borders, and that means it has a LAUREN WEINSTEIN, well in a message tomorrow. right to bar from being released into Internet Pioneer. I just want the Chairman to know: its territory foreign nationals whom it DANIEL LYNCH, Keep going. You are doing the right has not admitted onto its soil. Internet Pioneer. thing. Don’t worry about some of the In short, because these detainees re- Mr. DORGAN. Mr. President, let me dust that is out there. Do the public main at Guantanamo outside our bor- finally say this: I understand this issue business, do the right thing, and this ders, they have fewer legal rights than has been controversial. I and Senator country will be best served. they would have if they were brought SNOWE have worked on this issue for a Mr. President, I yield the floor. within our borders, including the right long while. The only time it has been The PRESIDING OFFICER. The Re- to be released into our civilian popu- voted on in the Congress was an at- publican leader. lation. tempt by us to add an amendment in a SUPREME COURT APPEAL We don’t know how the DC Circuit Commerce Committee markup. This Mr. MCCONNELL. Mr. President, yes- would have ruled if the Uighurs had was about 21⁄2 years ago. We had an 11- terday the Supreme Court announced been present on U.S. soil. But we do to-11 tie. Why was there a tie vote? It it would hear a case that has critical know a couple of things. First, the DC

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.009 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10621 Circuit’s reason for not releasing them leaves them at Guantanamo and tries a building in Springfield, Ill., is only the lat- into the United States was that they them at the modern, multimillion-dol- est example of that problem. had not been brought into the United lar courtroom at Guantanamo Bay Moreover, the rules for conducting crimi- nal trials in federal courts have been fash- States. Let me say that again. The DC under the very military commission ioned to prosecute conventional crimes by Circuit’s reason for not releasing them rules it has now rewritten to its liking conventional criminals. Defendants are in the United States was that they had and which we will soon vote on when granted access to information relating to not been brought here. Second, other we consider the Defense authorization their case that might be useful in meeting foreign nationals who have committed conference report. the charges and shaping a defense, without murder and other serious crimes who The Supreme Court should affirm the regard to the wider impact such information were in the United States have been re- DC Circuit Court’s decision and let the might have. That can provide a cornucopia of valuable information to terrorists, both leased here when our government could political branches maintain control those in custody and those at large. not transfer them to another country, over our borders, including deciding Thus, in the multidefendant terrorism either because they did not want to go whether and how foreign nationals out- prosecution of Sheik Omar Abdel Rahman to another country or because other side our borders may be admitted with- and others that I presided over in 1995 in fed- countries did not want to take them. in them. eral district court in Manhattan, the govern- The administration and its defenders If it does, it will bring clarity to the ment was required to disclose, as it is rou- in the Senate say that because we have debate over whether terrorist detainees tinely in conspiracy cases, the identity of all known co-conspirators, regardless of whether tried terrorists in civilian courts be- at Guantanamo Bay ought to be trans- they are charged as defendants. One of those fore, we should do so again. They say ferred to the United States. That clar- co-conspirators, relatively obscure in 1995, there is no problem with us doing so ity is this: If we want certitude that was Osama bin Laden. It was later learned because the administration would foreign terrorists detained at Guanta- that soon after the government’s disclosure never release detainees into the United namo Bay are not released into the the list of unindicted co-conspirators had States, by which they really mean to United States, then do not bring them made its way to bin Laden in Khartoum, say the administration would not in- here in the first place. Sudan, where he then resided. He was able to Mr. President, I repeat. We could try learn not only that the government was tentionally release detainees into the aware of him, but also who else the govern- United States. Both assertions miss terrorists in the United States—we ment was aware of. the mark. could do that—but the issue is should It is not simply the disclosure of informa- First, whether we can try terrorists we do that. The answer is no. tion under discovery rules that can be useful here is not the issue. The issue is I yield the floor. to terrorists. The testimony in a public trial, whether we should try terrorists here. EXHIBIT 1 particularly under the probing of appro- priately diligent defense counsel, can elicit We can try them here, but should we? [From the Wall Street Journal, Oct. 19, 2009] evidence about means and methods of evi- Before he became Attorney General, CIVILIAN COURTS ARE NO PLACE TO TRY dence collection that have nothing to do Michael Mukasey was a noted Federal TERRORISTS with the underlying issues in the case, but trial judge who presided over civilian (By Michael B. Mukasey) which can be used to press government wit- trials of terrorists such as the trial of The Obama administration has said it in- nesses to either disclose information they the so-called Blind Sheik, Omar Abdel tends to try several of the prisoners now de- would prefer to keep confidential or make it Rahman, for the 1993 World Trade Cen- tained at Guantanamo Bay in civilian courts appear that they are concealing facts. The ter bombing. He has written that there in this country. This would include Khalid alternative is to lengthen criminal trials be- Sheikh Mohammed, the mastermind of the yond what is tolerable by vetting topics in are very good reasons we should not closed sessions before they can be presented try terrorists in a civilian court. This Sept. 11, 2001 terrorist attacks, and other de- tainees allegedly involved. The Justice De- in open ones. is a judge who presided over a terrorist partment claims that our courts are well In June, Attorney General Eric Holder an- trial in a U.S. civilian court, and this suited to the task. nounced the transfer of Ahmed Ghailani to is what he says: We should not try ter- Based on my experience trying such cases, this country from Guantanamo. Mr. Ghailani rorists in civilian court, including the and what I saw as attorney general, they was indicted in connection with the 1998 additional legal rights terrorists will aren’t. That is not to say that civilian courts bombing of U.S. Embassies in Kenya and cannot ever handle terrorist prosecutions, Tanzania. He was captured in 2004, after oth- receive if they are brought here. ers had already been tried here for that I ask unanimous consent to have but rather that their role in a war on ter- ror—to use an unfashionable harsh phrase— bombing. printed in the RECORD at the conclu- Mr. Ghailani was to be tried before a mili- should be, as the term ‘‘war’’ would suggest, tary commission for that and other war sion of my remarks General Mukasey’s a supporting and not a principal role. crimes committed afterward, but when the recent op-ed on the topic. The challenges of a terrorism trial are Obama administration elected to close Guan- The PRESIDING OFFICER. Without overwhelming. To maintain the security of tanamo, the existing indictment against Mr. objection, it is so ordered. the courthouse and the jail facilities where Ghailani in New York apparently seemed to (See Exhibit 1.) defendants are housed, deputy U.S. marshals offer an attractive alternative. It may be as must be recruited from other jurisdictions; Mr. MCCONNELL. Mr. President, sec- well that prosecuting Mr. Ghailani in an al- ond, once the administration brings de- jurors must be selected anonymously and es- ready pending case in New York was seen as tainees into the United States—right corted to and from the courthouse under an opportunity to illustrate how readily here in our country—it is no longer armed guard; and judges who preside over those at Guantanamo might be prosecuted in such cases often need protection as well. All simply a matter for the administra- civilian courts. After all, as Mr. Holder said such measures burden an already overloaded in his June announcement, four defendants tion. In other words, once they get justice system and interfere with the han- here, the administration cannot en- were ‘‘successfully prosecuted’’ in that case. dling of other cases, both criminal and civil. It is certainly true that four defendants al- tirely control the issue of whether they Moreover, there is every reason to believe ready were tried and sentenced in that case. are going to be released. It is no longer that the places of both trial and confinement But the proceedings were far from exem- about what it will or will not do. It is for such defendants would become attractive plary. The jury declined to impose the death also about what a Federal judge will or targets for others intent on creating may- penalty, which requires unanimity, when one will not do. hem, whether it be terrorists intent on in- juror disclosed at the end of the trial that he As we saw with Judge Urbina and the flicting casualties on the local population, or could not impose the death penalty—even lawyers intent on filing waves of lawsuits Uighurs, a judge may very well agree though he had sworn previously that he over issues as diverse as whether those cap- could. Despite his disclosure, the juror was with the legal arguments of Guanta- tured in combat must be charged with permitted to serve and render a verdict. namo detainees and order them re- crimes or released, or the conditions of con- Mr. Holder failed to mention it, but there leased right here in the United States. finement for all prisoners, whether convicted was also a fifth defendant in the case, In other words, no matter what the ad- or not. Mamdouh Mahmud Salim. He never partici- ministration’s intention may be, once Even after conviction, the issue is not pated in the trial. Why? Because, before it we bring them here, they do not con- whether a maximum-security prison can began, in a foiled attempt to escape a max- hold these defendants; of course it can. But trol the situation; the courts do. imum security prison, he sharpened a plastic their presence even inside the walls, as comb into a weapon and drove it through the Those risks do not exist if the Obama proselytizers if nothing else, is itself a dan- eye and into the brain of Louis Pepe, a 42– administration does not bring the ger. The recent arrest of U.S. citizen Michael year-old Bureau of Prisons guard. Mr. Pepe Guantanamo detainees into the United Finton, a convert to Islam proselytized in was blinded in one eye and rendered nearly States. That risk does not exist if it prison and charged with planning to blow up unable to speak.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.055 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10622 CONGRESSIONAL RECORD — SENATE October 21, 2009 Salim was prosecuted separately for that did just that after the first World Trade Cen- in 1935, the Hatch Act in 1939, the crime and found guilty of attempted murder. ter bombing, after the plot to blow up air- Smith-Connelly Act in 1943, the Taft- There are many words one might use to de- liners over the Pacific, and after the em- Hartley Act of 1947, the Long Act in scribe how these events unfolded; ‘‘success- bassy bombings in Kenya and Tanzania. fully’’ is not among them. In return, we got the 9/11 attacks and the 1968, the Federal Election Campaign The very length of Mr. Ghailani’s deten- murder of nearly 3,000 innocents. True, this Act in 1974, and the bipartisan Cam- tion prior to being brought here for prosecu- won us a great deal of goodwill abroad—peo- paign Reform Act in 2002 are just some tion presents difficult issues. The Speedy ple around the globe lined up for blocks out- of the reforms enacted by Congress Trial Act requires that those charged be side our embassies to sign the condolence over the years to address corruption in tried within a relatively short time after books. That is the kind of goodwill we can do our government and in our campaigns. they are charged or captured, whichever without. Simply put, history has proven Jus- comes last. Even if the pending charge The PRESIDING OFFICER. The Sen- tice Scalia wrong in his assessment against Mr. Ghailani is not dismissed for vio- ator from Arizona is recognized. lation of that statute, he may well seek ac- that Congress will not act in anything cess to what the government knows of his CAMPAIGN FINANCE REFORM but a self-serving manner. activities after the embassy bombings, even Mr. MCCAIN. Mr. President, I am Justice Scalia’s statement was also if those activities are not charged in the joined by my friend and colleague and remarkable in that it exposed his belief pending indictment. Such disclosures could fellow warrior, Senator FEINGOLD. He that when it comes to issues relating seriously compromise sources and methods and I both have some remarks to make. to campaign reform, he somehow is a of intelligence gathering. I was chosen to go first, and then Sen- better arbiter of what is needed to re- Finally, the government (for undisclosed form the electoral process than the reasons) has chosen not to seek the death ator FEINGOLD, I know, will also want penalty against Mr. Ghailani, even though to address what we think is a very im- Congress or the American people. With that penalty was sought, albeit unsuccess- portant issue. This is the issue of the all due respect, that is not the job of fully, against those who stood trial earlier. U.S. Supreme Court case Citizens the judicial branch. Judges who stray The embassy bombings killed more than 200 United v. Federal Election Commis- beyond their constitutional role to try people. sion. and take Congress’s place as policy- Although the jury in the earlier case de- On September 9, the U.S. Supreme makers falsely believe that judges clined to sentence the defendants to death, Court heard oral arguments from both somehow have a greater insight into that determination does not bind a future what legislation is necessary and prop- jury. However, when the government deter- sides in the Citizens United v. Federal mines not to seek the death penalty against Election Commission. The implications er than representatives who are duly a defendant charged with complicity in the of this case are very serious, and the elected by the people and accountable murder of hundreds, that potentially distorts Supreme Court’s decision could result to them every several years. every future capital case the government in the unraveling of over 100 years of Activist judges—regardless of wheth- prosecutes. Put simply, once the government congressional action and judicial er it is liberal or conservative activ- decides not to seek the death penalty against precedent with respect to corporate ism—assume the judiciary is a super- a defendant charged with mass murder, how spending in political campaigns. Sen- legislature of moral philosophers, enti- can it justify seeking the death penalty tled to support Congress’s policy against anyone charged with murder—how- ator FEINGOLD and I were present in ever atrocious—on a smaller scale? the Supreme Court chamber for the ar- choices whenever they choose. I believe Even a successful prosecution of Mr. guments in this case. I commend both this judicial activism is wrong and is Ghailani, with none of the possible obstacles sides for presenting their case in a contrary to the Constitution. described earlier, would offer no example of thoughtful, intelligent manner. How- Our Constitution is very clear in its how the cases against other Guantanamo de- ever, there was one part of the argu- delineation and dispersement of power. tainees can be handled. The embassy bomb- ment I found particularly disturbing. It solely tasks the Congress with cre- ing case was investigated for prosecution in While responding to a question from ating law, not the courts. I have a long a court, with all of the safeguards in han- history of opposing activist judges. Ju- dling evidence and securing witnesses that Justice Alito, the Solicitor General attend such a prosecution. By contrast, the was interrupted by Justice Scalia, who dicial activism demonstrates a lack of charges against other detainees have not said: respect for the popular will, and that is been so investigated. Congress has a self-interest. I mean, we— at fundamental odds with our repub- It was anticipated that if those detainees we are suspicious of Congressional action in lican system of government. I believe a were to be tried at all, it would be before a the First Amendment area precisely because judge should seek to uphold all acts of military commission where the touchstone we—at least I am— Congress and State legislatures, unless for admissibility of evidence was simply rel- Here is the interesting part, when they clearly violate a specific section evance and apparent reliability. Thus, the of the Constitution, and refrain from circumstances of their capture on the battle- Justice Scalia said: field could be described by affidavit if nec- I doubt that one can expect a body of in- interpreting the law in a manner which essary, without bringing to court the par- cumbents to draw election restrictions that creates new law. That is a fundamen- ticular soldier or unit that effected the cap- do not favor incumbents. Now is that exces- tally conservative position I have held ture, so long as the affidavit and surrounding sively cynical of me? I don’t think so. throughout my career. I wish Justice circumstances appeared reliable. No such Yes, I think it is excessively cynical. Scalia shared that position. procedure would be permitted in an ordinary I take great exception to Justice Let us be very clear. At stake in the civilian court. Scalia’s statement, as should every Citizens United case are the voices of Moreover, it appears likely that certain Member of both Houses of Congress. It millions and millions of Americans charges could not be presented in a civilian court because the proof that would have to is an affront to the thousands of good, that could be drowned out by large cor- be offered could, if publicly disclosed, com- decent, honorable men and women who porations if the decades-old restric- promise sources and methods of intelligence have served this Nation in these Halls tions on corporate electioneering are gathering. The military commissions regi- for well over 200 years. Not only was rescinded. Overturning Supreme Court men established for use at Guantanamo was Justice Scalia’s statement excessively precedent would open the floodgates to designed with such considerations in mind. cynical, it showed his unfortunate lack unlimited corporate and union spend- It provided a way of handling classified in- of understanding of the facts and his- ing during elections and undermine formation so as to make it available to a de- tory of campaign reform. Throughout election laws across the country. Those fendant’s counsel while preserving confiden- tiality. The courtroom facility at Guanta- our history, America has faced periods able to spend tens of millions of dol- namo was constructed, at a cost of millions of political corruption, and in every in- lars, such as a Fortune 500 company or of dollars, specifically to accommodate the stance, Congress has risen above its a big labor union, are much more like- handling of classified information and the own self-interest and enacted the nec- ly to be heard during an election than heightened security needs of a trial of such essary reforms to address the scandals the average American voter is. For this defendants. and corruption that have plagued our reason, I have always advocated laws Nevertheless, critics of Guantanamo seem democratic institutions over time and that would prevent big-moneyed spe- to believe that if we put our vaunted civilian justice system on display in these cases, throughout our history. The Tillman cial interests from drowning out the then we will reap benefits in the coin of Act in 1907, the Publicity Act of 1910, voices of individual American citizens world opinion, and perhaps even in that part the Federal Corrupt Practices Act in in elections and dominating the deci- of the world that wishes us ill. Of course, we 1925, the Public Utilities Holding Act sionmaking process of our government.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.010 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10623 Contrary to some of my critics, I am a This reform movement, combined with law prohibited nationally chartered firm believer in the first amendment. allegations of financial impropriety in banks and corporations from contrib- For more than 100 years, laws have the 1904 Presidential election, resulted uting to campaigns. In the report to stood to limit corporate donations to in the enactment of significant re- accompany the Senate version of the political candidates and campaigns— forms. legislation, dated April 27, 1906, the for more than 100 years. The concern On October 1, 1904, Joseph Pulitzer Senate Committee on Privileges and about corporate involvement in cam- published an editorial in the New York Elections wrote: paigns is not new in America. On Sep- World questioning President Roo- The evils of the use of money in connection tember 3, 1897, in a speech on govern- sevelt’s ties to many of the large cor- with political elections are so generally rec- ment and citizenship, Elihu Root, who porations that had donated to his cam- ognized that the committee deems it unnec- would go on to become Theodore Roo- paign. Those questions led Roosevelt’s essary to make any argument in favor of the sevelt’s Secretary of State and a Nobel opponent, Judge Alton Parker, to de- general purpose of this measure. It is in the Peace Prize winner, said: scribe the donations as blackmail and interest of good government and calculated insinuated there was a quid pro quo in- to promote purity in the selection of public The idea . . . is to prevent the great officials.’’ moneyed corporations of the country from volved. President Roosevelt responded furnishing the money with which to elect angrily, calling the accusations mon- Following passage of the Tillman members of the legislature . . . in order that strous and said: Act, Roosevelt again addressed the those members of the legislature may vote The assertion that there has been any issue in his Seventh Annual Message to to protect the corporations. It is to prevent blackmail, direct or indirect . . . is a false- Congress in December, 1907. He said: the great railroad companies, the great in- hood. The assertion that there has been Under our form of government voting is surance companies, the great telephone com- made any pledge or promise or that there not merely a right but a duty, and, more- panies, the great aggregations of wealth, has been any understanding as to future im- over, a fundamental and necessary duty if a from using their corporate funds, directly or munities or benefits, in recognition from any man is to be a good citizen. It is well to pro- indirectly, to send members of the legisla- source is a wicked falsehood. vide that corporations shall not contribute ture to these halls, in order to vote for their President Roosevelt, not wanting to to Presidential or National campaigns, and protection and the advancement of their in- give the appearance of improper influ- furthermore to provide for the publication of terests as against those of the public. both contributions and expenditures. It strikes, Mr. Chairman, at a constantly ence, directed his staff to return a growing evil in our political affairs, which $100,000 contribution from the Standard Although the Tillman Act con- has, in my judgment, done more to shake the Oil Corporation. In his memo he wrote: stituted a landmark in Federal law, ac- confidence of the plain people of small means We cannot under any circumstances afford cording to campaign finance expert An- in our political institutions, than any other to take a contribution which can be even im- thony Corrado, ‘‘its adoption did not practice which has ever obtained since the properly construed as putting us under an quell the cries for reform. Eliminating foundation of our government. improper obligation. corporate influence was only one of the Remember, this was in 1897. He went The allegations of impropriety also ideas being advanced at this time to on to say: led Roosevelt to call for an end to cor- clean up political finance.’’ In the And I believe that the time has come when porate donations to campaigns. In his years following the passage of the Till- something ought to be done to put a check fifth annual message to the Congress man Act, reducing the influence of upon the giving of $50,000 or $100,000 by a on December 5, 1905, Roosevelt said: wealthy individuals and labor unions great corporation toward political purposes, The power of the Government to protect upon the understanding that a debt is cre- became a concern and reformers pushed the integrity of the elections of its own offi- for further limits on donations. ated from a political party to it; a debt to be cials is inherent and has been recognized and recognized and repaid with the votes of rep- affirmed by repeated declarations of the Su- Consequently, in 1947, Congress en- resentatives in the legislature and in Con- preme Court. There is no enemy of free gov- acted the Taft-Hartley Act, which ex- gress, or by the action of administrative or ernment more dangerous and none so insid- plicitly banned corporate and labor executive officers who have been elected in a ious as the corruption of the electorate. union expenditures in Federal cam- measure through the use of the money so He warned: paigns. In doing so, Senator Robert contributed. If [legislators] are extorted by any kind of Taft made clear that the purpose of the Additionally, one can make the case pressure or promise, express or implied, di- new language was simply to affirm that the concern about corporate influ- rect or indirect, in the way of favor or immu- what had been understood to always be ence extends as far back as our Found- nity, then the giving or receiving becomes the case—that the 1907 corporate ban ing Fathers. In 1816, Thomas Jefferson not only improper but criminal. All con- had prohibited corporate expenditures, wrote: tributions by corporations to any political committee or for any political purpose or indirect contributions, as well as di- I hope we shall crush in its birth the aris- should be forbidden by law; directors should rect corporate contributions. tocracy of our moneyed corporations which not be permitted to use stockholders money A ban on corporate expenditures in dare already to challenge our government in for such purposes; and, moreover, a prohibi- campaigns has been consistently a trial of strength, and bid defiance to the tion of this kind would be, as far as it went, laws of our country. upheld by the Supreme Court as con- an effective method of stopping the evils stitutional and as ‘‘firmly embedded in Kentucky was the first State to ban aimed at in the corrupt practices acts. Not our law.’’ corporations from spending their funds only should both the national and the sev- The constitutionality of the ban on in State elections in 1891, and by 1897 eral State legislatures forbid any officer of a corporate campaign expenditures was Florida, Missouri, Nebraska, and Ten- corporation from using the money of the cor- upheld by the Supreme Court in the nessee had all enacted similar cor- poration in or about any election, but they Austin v. Michigan Chamber of Com- porate spending prohibitions in their should also forbid such use of money in con- nection with any legislation. merce decision in 1990 and reaffirmed State elections. While some States Again, the following year, in his by the Court in the McConnell v. Fed- began enacting limits on the influence sixth annual message to Congress in eral Election Commission decision in of money on politics during the Civil December 1906, President Roosevelt 2003. And the corporate expenditure War era, Congress did not begin to pass tried to limit corporate influence, stat- ban had been commented on favorably major campaign finance regulations ing: by the Court in earlier cases. until some decades later. By that time, In 1990, in the Austin case, the Su- political contributions by major cor- I again recommend a law prohibiting all corporations from contributing to the cam- preme Court acknowledged the impor- porate interests and business leaders paign expenses of any party. Such a bill has tance of maintaining the integrity of dominated campaign fundraising, and already passed one House of Congress. Let the political process. From the Court’s this development sparked the first individuals contribute as they desire . . . opinion: major movement for national reform. I repeat what he said: Michigan identified as a serious danger the Progressive reformers, such as Presi- Let individuals contribute as they desire; dent Theodore Roosevelt and investiga- significant possibility that corporate polit- but let us prohibit in effective fashion all ical expenditures will undermine the integ- tive journalists, charged that these corporations from making contributions for rity of the political process, and it has im- business interests were attempting to any political purpose, directly or indirectly. plemented a narrowly tailored solution to gain special access and favors; thereby, In January 1907, Theodore Roosevelt that problem. By requiring corporations to corrupting the democratic process. signed into law the Tillman Act. This make all independent political expenditures

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If anyone has doubts about the influ- paign discourse becomes dominated not by In the McConnell case, the Supreme ence of big-moneyed special interests individual citizens—whose right it is to se- lect their political representatives—but by Court recognized its long-standing sup- on policy makers in this town, let me corporate and union war-chests amassed as a port for the constitutionality of bans relay a personal observation. During result of the special benefits the government on corporate campaign expenditures the Senate Commerce Committee’s confers on these artificial ‘‘persons.’’ That going back to its Buckley decision in consideration of the 1996 Telecommuni- concern remains a compelling justification 1976. From the Court’s decision: cations Act, every company affected by for restrictions on using corporate treasury Since our decision in Buckley, Congress’ the legislation had purchased a seat at funds for electoral advocacy—constraints power to prohibit corporations and unions the table with soft money. Con- that ban no speech but only require that it from using funds in their treasuries to fi- sequently, the bill attempted to pro- be funded by individuals who have chosen to nance advertisements expressly advocating do so. tect them all, a goal that is obviously The holdings of Austin and McConnell— the election or defeat of candidates in fed- incompatible with competition. Con- that it is constitutional to require business eral elections has been firmly embedded in sumers, who only give us their votes, corporations to use segregated funds contrib- our law. had no seat at the table, and the lower uted by shareholders, officers and employees Additionally, in 1982, in the National prices that competition produces never for express candidate advocacy or its func- Right to Work Committee case, the Su- materialized. Cable rates went up. tional equivalent—remain sound today. The preme Court, in an opinion authored by Phone rates went up. And huge broad- interests in preventing actual or apparent corruption of the electoral process and pro- Chief Justice William Rhenquist, stat- casting giants received billions of dol- ed regarding the Federal ban on cor- tecting shareholders provide compelling jus- lars in digital spectrum, property that tification for such requirements, which nei- porate and labor union expenditures: belonged to the American people, for ther unduly burden nor overbroadly inhibit The careful legislative adjustment of the free. They got it for free, billions of protected speech. federal electoral laws, in a cautious advance, dollars worth of spectrum. The corporate PAC option, moreover, is step by step, to account for the particular Information gathered from various ideally suited to balancing the First Amend- legal and economic attributes of corpora- sources in the press at the time indi- ment interests of corporate entities and tions and labor organizations warrants con- their shareholders. It allows the corporation siderable deference. [I]t also reflects a per- cated that the special interest groups to direct political spending only to the ex- missible assessment of the dangers posed by involved spent nearly $150 million to tent shareholders have personally decided to those entities to the electoral process. lobby Congress on telecommunications contribute for that specific purpose. It thus In order to prevent both actual and appar- reform—and they all came out on top— ensures that the corporation may have a ent corruption, Congress aimed a part of its at the expense of the American con- voice, but one that is not subsidized regulatory scheme at corporations. The stat- sumer. unwillingly by those who may disagree with ute reflects a legislative judgment that the Similarly, the pharmaceutical indus- its electoral message. And there is no basis special characteristics of the corporate try has spent millions of dollars to in the record for concluding that PACs are structure require particularly careful regula- inadequate or unduly burdensome for busi- tion. Nor will we second guess a legislative sway lawmakers against the idea of ness corporations, whatever may be true of determination as to the need for prophy- drug importation. In the 2008 election certain ideological nonprofit corporations. lactic measures where corruption is the evil cycle, pharmaceutical companies gave Indeed, PAC requirements pale in compari- feared. As we said in California Medical As- almost $30 million in campaign con- son with the detailed recordkeeping and ac- sociation v. FEC, the ‘‘differing structures tributions to Members of Congress. counting otherwise required of corporations and purposes; of different entities ‘may re- Just this year, according to an article and unions. quire different forms of regulation in order published in the June 3 edition of The The ability of corporate campaign to protect the integrity of the electoral proc- Hill, the prescription drug industry has expenditures to buy influence with ess . . .’ ’’ Federal officeholders, and to create the The governmental interest in preventing given more than one million dollars to both actual corruption and the appearance of both Republicans and Democrats. And appearance of such influence-buying is corruption of elected representatives has these contributions were from the lim- sadly evident in nearly every aspect of long been recognized, First National Bank of ited funds of corporate PACs—a frac- the legislative process. This fact was Boston v. Bellotti, supra, and there is no rea- tion of the flood of money that could recognized in the McConnell case. son why it may not in this case be accom- be spent out of corporate treasuries if The brief filed in the McConnell case plished by treating unions, corporations and the Supreme Court changes the law by by me and my colleagues stated: similar organizations different from individ- judicial fiat. Not surprisingly, the McConnell record uals. As my colleagues know, for many provided strong corroboration that corporate In 1986, in the Massachusetts Citizens years my colleague from Wisconsin, and union expenditures on ads that were the functional equivalent of express advocacy for Life case, the Supreme Court stated Senator FEINGOLD and I fought to ban created the appearance of corruption. Based regarding the Federal ban on corporate soft money—the large, unregulated do- expenditures in campaigns: on that record, Judge Kollar-Kotelly found nations from corporations, labor that such expenditures ‘‘permit corporations This concern over the corrosive influence unions, and wealthy individuals—from and labor unions to inject immense aggrega- of concentrated corporate wealth reflects the Federal elections. As the sponsors of tions of wealth into the process’’ and ‘‘radi- conviction that it is important to protect the Bipartisan Campaign Finance Re- cally distort the electoral landscape.’’ She the integrity of the marketplace of political form Act, we submitted, together with further found that candidates are ‘‘acutely ideas . . . Direct corporate spending on polit- aware of’’ and ‘‘appreciate’’ such expendi- ical activity raises the prospect that re- our colleagues from the House, Rep- resentatives Shays and Meehan, a brief tures, and ‘‘feel indebted to those who spend sources amassed in the economic market- money to help get them elected.’’ She con- place may be used to provide an unfair ad- for the court. In this brief we stated: cluded that ‘‘the record demonstrates that vantage in the political marketplace . . . More fundamentally, Austin and McCon- candidates and parties appreciate and en- The resources in the treasury of a business nell were correctly decided. Unlimited ex- courage corporations and labor unions to de- corporation . . . are not an indication of pop- penditures supporting or opposing candidates ploy their large aggregations of wealth into ular support for the corporation’s political may create at least the appearance of cor- the political process,’’ and that ‘‘the record ideas. They reflect instead the economically ruption, as Caperton v. A.T. Massey Coal Co. presents an appearance of corruption stem- motivated decisions of investors and cus- illustrates. The tremendous resources busi- ming from the dependence of officeholders tomers. The availability of these resources ness corporations and unions can bring to and parties on advertisements run by these may make a corporation a formidable polit- bear on elections, and the greater magnitude outside groups.’’ ical presence, even though the power of the of the resulting apparent corruption, amply According to the Solicitor General’s corporation may be no reflection of the justify treating corporate and union expendi- power of its ideas. tures differently from those by individuals brief, the record in the McConnell case By requiring that corporate independent and ideological nonprofit groups. showed that: expenditures be financed through a political So, too, does the countervailing free- Federal officeholders and candidates were committee expressly established to engage speech interest of the many shareholders aware of and felt indebted to corporations

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Corporations can Essential to a corporation’s existence independent of candidates, had come to be use electoral spending to curry favor with is a first amendment right to speak used as a means of currying favor with and particular candidates and thus to acquire attempting to influence Federal office-hold- about their products and services. Es- undue influence over the candidates’ behav- sential to a corporation’s existence is ers. ior once in office. It is important for us to remember The record in McConnell, which is by far the right to sue for the theft of its in- that this case does not affect solely the the most extensive body of evidence ever tellectual property. Essential to a cor- integrity of Federal elections. The compiled on these issues, indicates that dur- poration’s existence is the right to States also have a great deal at stake ing the period leading up to BCRA’s enact- enter into contracts. Not essential to a ment, Federal office-holders and candidates in this case. In a brief filed in the Citi- corporation’s existence is the ability to were aware of and felt indebted to corpora- contribute unlimited funds to political zens United case, 26 State attorneys tions and unions that financed election- general wrote that ‘‘Courts have re- candidates. eering advertisements on their behalf or It is for this reason and others that peatedly upheld these State and Fed- against their opponents. eral corporate electioneering restric- The nature of business corporations makes the Supreme Court has repeatedly and tions from their inception.’’ corporate political activity inherently more consistently upheld a ban on direct In their brief, the attorneys general likely than individual advocacy to cause contributions to political candidates wrote: quid pro quo corruption or the appearance of by corporations and unions. Chief Jus- such corruption. Even minor modifications This case does not concern the traditional tice Roberts stated at one point during in complex legislation have great potential the argument in the Citizens United regulation of corporate spending by State to benefit or burden particular companies, Laws. Instead it presents the application of a case that: ‘‘We do not put our First industries, or sectors. The economic stake of Amendment rights in the hands of FEC recent Federal statute to a novel form of po- corporations in the nuances of such matters litical campaigning through the medium of as industry-specific tax credits, subsidies, or bureaucrats.’’ I agree. And that is why video-on-demand and the message of a nine- tariffs generally dwarfs that of any set of in- the Court has repeatedly upheld bans ty-minute film. These and other political dividuals. passed by the Congress of the United campaign innovations present an occasion to And when those benefits can be obtained States and by the State legislators on draw on State law experiments, not end through a game of ‘‘pay to play,’’ corpora- them. The court cannot reach the validity of unlimited corporate or union spending tions are better suited than individuals to af- in elections. these laws under Austin without departing ford the ante. Corporate managers need not from its conventional approach to constitu- Under current law, corporations are assemble a coalition of the like-minded; they free to give to political candidates tional avoidance and as-applied review of can draw on the firm’s entire capitalization campaign finance statutes, and ignoring its without seeking the approval of share- through political action committees. cautions against facial challenges in election holders. If only businesses can afford the in- In an editorial in the Boston Globe en- law generally. vestment necessary to pursue rents in this titled ‘‘Corporations Aren’t People Austin follows a century of campaign fi- way, only businesses can reap the (even larg- Yet,’’ the editorial board rightly nance law at the State and Federal level er) reward. And the public perception that honed by six decades of this Court’s holdings. states: ‘‘Even under current financial businesses reap such rewards from legisla- Those decisions, and the State and Federal restrictions, health care industry tors whom they support in campaigns cre- laws that gave rise to and rely on them, de- groups are pouring millions of dollars ates an appearance of corruption that cor- lineate a workable segregated-fund require- into Congressional campaigns in the rodes popular confidence in our democracy. ment for corporate electioneering that is hope of thwarting reforms that might embedded in campaign laws and practice at At the heart of the Citizens United constrain their members.’’ the Federal and State level. While imposing case is a critical question: Do the cher- A September 10, 2009 editorial in the minimal burdens on corporations, the seg- ished individual rights protected by the Philadelphia Inquirer stated: regated fund protects the integrity of the po- Constitution extend in the same man- litical process from the corrupting influence Allowing corporations to flood elections ner to corporations? Corporations, with their aggregate corporate wealth would of corporate executives funding political after all, are artificial creations of law, campaigns that have no proven support from place a heavy thumb on the scales of democ- the shareholders or customers whose money provided for by acts of Congress and racy. If a certain industry did not like the pays for the advocacy. The flourishing of the State legislaturs, and endowed way a Senator voted on environmental regu- corporate speech through PACs, and contin- under these laws with perpetual exist- lations, for example, there would be nothing ued harms of direct corporate electioneering, ence, special tax status, and other to stop that industry from dumping $200 mil- has vindicated rather than undermined Aus- privileges, all for the sole purpose of lion into the campaign of that Senator’s op- ponent. tin’s approval of segregated funds. economic gain. The resolution of this It is clear that the Austin and question in the affirmative will have The editorial goes on to say: McConnell cases were correctly decided wide-ranging and unpredictable results If the high court rules now that corpora- on the merits and those decisions re- for our legal system. tions have the same political speech rights main sound today. According to the For example, if the Court determines as individuals, average citizens will have that much more trouble being heard . . . the brief filed by the U.S. Solicitor Gen- corporations have first amendment distinction between corporate speech and in- eral: rights, it will be logical that corpora- dividual speech is clear enough, and the im- The Court in Austin held that corporations tions also have fifth amendment rights portance of limiting the undue influence of may constitutionally be prohibited from fi- against self-incrimination. Is a cor- money and politics is significant enough nancing electoral advocacy with funds de- poration ‘‘endowed by its creator with that the court, in all its wisdom, should rived from business activities. That holding inalienable rights’’? Just last year the leave well enough alone. was correct when issued and should not be Court found that the second amend- I agree. overturned now. Use of corporate treasury funds for electoral advocacy is inherently ment right to bear arms is a personal In conclusion, the Court should not likely to corrode the political system both right. If the Court were to determine overturn precedent and Congress’s by actually corrupting political officeholders that corporations had the same rights clear intent to limit corporate con- and by creating the appearance of corrup- as persons, would corporations have tributions to political candidates. In tion. Moreover, such use of corporate funds the right to arm themselves? Would summary, there are three simple points diverts shareholders’ money to the support lobbies of Fortune 500 companies con- raised by the Court’s consideration of of candidates who the shareholders may op- tain grand weapon caches? The absurd- the Citizens United case. First, what- pose. ity of the argument should be apparent ever one thinks of a first amendment Congress’s interest in preventing these per- nicious consequences is compelling, and Con- to the members of the Court. right for corporations, it is not appro- gress has chosen a valid message of achiev- John Marshall, former Chief Justice priate for a nondemocratic branch of ing it, requiring a corporation to fund its of the Supreme Court, wrote in 1819 government to raise a question of the electoral advocacy through the voluntary that corporations were ‘‘an artificial broadest scope at the last minute when

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Our elections would become Court would themselves support such thank the Senator from Arizona for all like NASCAR races—underwritten by legislation if they served in the elected the work he has done over these many companies. Only in this case, the cor- branches of government. years to improve our campaign finance porate underwriters wouldn’t just be Secondly, the principle enshrined in system. We have been partners in this seeking publicity, they would be seek- law for many years was that corpora- effort for over a decade. In fact, it will ing laws and policies that the can- tions, because of their artificial legal soon be 15 years. Of course, there is no didates have the power to provide. nature and special privileges, including one in this body whom I admire more We were headed well down that road perpetual existence, pose a unique than JOHN MCCAIN. in the soft money system that BCRA threat to our democracy. However, the In early September, Senator MCCAIN stopped. It may seem like a long time current court seems poised to find that and I had the opportunity to walk ago, but the Senator from Arizona and Thomas Jefferson, Theodore Roosevelt, across the street to the Supreme Court I remember that hundreds of millions and others were wrong despite there and hear the oral argument in the Citi- of dollars were contributed by corpora- being no record built on this point in zens United case. It was a morning of tions and unions to the political par- this case. In McConnell, there was a firsts: The first case that Justice Sonia ties between 1988 and 2002. The system record built to support the decision. Sotomayor has heard since the Senate led to scandals like the White House Here, the trial court never examined confirmed her nomination to become coffees and the sale of overnight stays the idea of corporations having broad only the third woman to sit on our Na- in the Lincoln bedroom. The appear- first amendment rights. The Court is tion’s highest court. And the first oral ance of corruption was well docu- reaching to find such a conclusion as argument that Solicitor General Elena mented in congressional hearings and part of the Citizens United case. Kagan has done since becoming the fully justified the step that Congress Lastly, I stress again to my col- first woman to hold that important po- took in 2002—prohibiting the political leagues the implications of the deci- sition in our government. parties from accepting soft money con- sion the Court may reach in this case. And it was the first time since the tributions. The Court is considering a question Tillman Act was passed in 1907 prohib- Before BCRA was passed, corpora- that may lead to corporations being iting spending by corporations on elec- tions were making huge soft money do- treated as ‘‘persons’’ under the Con- tions, and the Taft-Hartley Act in 1947 nations. They were also spending stitution, would allow corporations to clarified and strengthened that prohi- money on phony issue ads. That is assert a fifth amendment right to bition, that a majority of the Court has what title II was aimed at. But what refuse to testify under oath and to suggested it is prepared to hold that they were not doing was running elec- keep documents from lawful investiga- Congress and the many State legisla- tion ads that expressly advocated the tions, and would allow corporations to tures that have passed similar laws election or defeat of a candidate. That be subject to individual tax brackets. have violated the Constitution. Such a has been prohibited in this country for Are my colleagues prepared to pro- decision could have a truly calamitous at least 60 years, though it is arguable vide such rights to corporations? Are impact on our democracy. that the Tillman Act in 1907 prohibited my colleagues prepared to pass legisla- Until a few months ago, as the Sen- it 40 years before that. So it is possible tion that taxes corporations and per- ator from Arizona pointed out, no one that the Court’s decision will not just sons at the same rate? If the Court pro- had any idea that the Citizens United take us back to a pre-McCain-Feingold vides full first amendment rights to case would potentially become the ve- era, but back to the era of the robber corporations, there is no reason that hicle for such a wholesale uprooting of baron in the 19th century. That result corporations could not receive the ben- the principles that have governed the should frighten every citizen of this efits as well as the responsibilities of financing of our elections for so long. country. The Court seems poised to ig- being a person. The case started out as a simple chal- nite a revolution in campaign financ- Justice Sandra Day O’Connor wrote lenge to the application of title II of ing with a stroke of its collective pen in the McConnell decision, and I think the law that Senator MCCAIN and I that no one contemplated even 6 with such accuracy, that ‘‘money, like sponsored, the Bipartisan Campaign months ago. water, will always find an outlet,’’ and Reform Act of 2002. The issue was While I have disagreed with many that the government was therefore jus- whether the provisions of BCRA relat- Supreme Court decisions, I have great tified in taking steps to prevent ing to so-called issue ads could con- respect for that institution and for the schemes developed to get around the stitutionally be applied to a full-length men and women who serve on the contribution limits. Again, Justice feature film about then-Presidential Court. But this step would be so dam- O’Connor knew better than most ju- candidate Hillary Clinton. The movie aging to our democracy and is so un- rists, as a former Arizona State Sen- was to be distributed solely as video on warranted and unnecessary that I must ator, and majority leader of the Ari- demand. speak out. That is why Senator MCCAIN zona State Senate. I hope and wish Yet somehow at the end of its last and I have taken the unusual step of that the current Court heeds the words term, instead of deciding the case on coming to the floor today. of this brilliant jurist who had real-life the basis of the briefs and arguments To overrule the Austin decision in experiences in politics. submitted by the parties early this this case, the Court would have to ig- Needless to say, I am very concerned year, the Court reached out and asked nore several time-honored principles about the integrity of our elections for supplemental briefing on whether it that have served for the past two cen- should the Supreme Court rule to over- should overturn its decisions in McCon- turies to preserve the public’s respect turn the Austin decision. I sincerely nell v. FEC, the case that upheld BCRA for and acceptance of its decisions. hope that the Justices will practice re- in 2003, and Austin v. Michigan Cham- First, it is a basic tenet of constitu- straint and rule in a manner consistent ber of Commerce, a 1991 decision that tional law that the Court will not de- with judicial precedent and the Con- upheld a State statute prohibiting cor- cide a case on constitutional grounds stitution of the United States of Amer- porate funding of campaign ads ex- unless absolutely necessary, and that if ica. pressly advocating the election or de- there is no choice but to reach a con- I again want to, as I have on many feat of a candidate. That set the stage stitutional issue, the Court will decide occasions, thank my friend from Wis- for the recent special session to hear the case as narrowly as possible. consin, a man of courage and a man of reargument in the case. And now we This is the essence of what some have integrity, and a man I have always await the Court’s verdict on whether called ‘‘judicial restraint.’’ What seems

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.061 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10627 to be happening here though is the an- cause the legal standard under pre- was $23.5 trillion, and after-tax profits tithesis of judicial restraint. The Court vailing first amendment law is whether were nearly $1 trillion. During the 2008 seems ready to decide the broadest pos- the statute is designed to address a election cycle, Fortune 100 companies sible constitutional question—the con- compelling State interest and is nar- alone had profits of $605 billion. That is stitutionality of all restrictions on cor- rowly tailored to achieve that result. quite a war chest that may be soon un- porate spending in connection with My colleagues may recall that when we leashed on our political system. Just elections in an obscure case in which passed the McCain-Feingold bill, a for comparison, spending by can- many far more narrow rulings are pos- massive legislative record was devel- didates, outside groups, and political sible. oped to demonstrate the corrupting in- parties on the last Presidential elec- The second principle is known as fluence of soft money. And the facial tion totaled just over $2 billion. Fed- stare decisis, meaning that the Court constitutional challenge to that bill eral and State parties spent about $1.5 respects its precedents and overrules led to months of depositions and the billion on all Federal elections in 2008. them only in the most unusual of building of an enormous factual record PACs spent about $1.2 billion. That cases. Chief Justice John Roberts, for the court. None of that occurred usually sounds like a lot of money, but whom many believe to be the swing here. And furthermore, the over 20 it is nothing compared to what cor- justice in this case, made grand prom- States whose laws would be upended if porations and unions have in their ises of what he called ‘‘judicial mod- Austin is overruled were given no op- treasuries. So we are talking here esty,’’ when he came before the Senate portunity to defend their legislation about a system that could very easily Judiciary Committee in 2005. Respect and show whatever legislative record be completely transformed by cor- for precedent was a key component of had been developed when their statutes porate spending in 2010. were enacted. the approach that he asked us to be- Does the Supreme Court really be- Instead, the Court seems to be ready lieve he possessed. Here is what he lieve that the first amendment requires to rely on its intuition, its general the American people to accept a sys- said: sense of the political process. From I do think that it is a jolt to the legal sys- tem where banks and investment firms, what I observed at oral argument, that having just taken our country into its tem when you overrule a precedent. Prece- intuition is sorely lacking. One Justice worst economic collapse since the dent plays an important role in promoting blithely asserted that the 100-year-old stability and evenhandedness. It is not Great Depression, can spend millions congressional decision to bar corporate enough—and the court has emphasized this upon millions of dollars of ads directly expenditures must have been moti- on several occasions—it is not enough that advocating the defeat of those can- vated by the self-interest of Members you may think the prior decision was wrong- didates who didn’t vote to bail them ly decided. That really doesn’t answer the of Congress as incumbent candidates, out or want to prevent future economic question, it just poses the question. And you ignoring the fact that the modern Con- disaster by imposing strict new finan- do look at these other factors, like settled gress prohibited soft money contribu- cial services regulations? I say that be- expectations, like the legitimacy of the tions even though the vast majority of cause that is where we are headed. Is court, like whether a particular precedent is those contributions were used to sup- workable or not, whether a precedent has port incumbents. Another Justice the Court really going to say that oil been eroded by subsequent developments. All companies that oppose action on global of those factors go into the determination of opined that it was paternalistic for Congress to be concerned about cor- warming are constitutionally entitled whether to revisit a precedent under the to spend their profits to elect can- principles of stare decisis. porations using their shareholders’ didates who will oppose legislation to So said then Judge Roberts. Talk money for political purposes, even though most Americans invest through address that problem? about a jolt to the legal system. It is The average winning Senate can- mutual funds and have little or no idea hard to imagine a bigger jolt than to didate in 2008 spent $8.5 million. The what corporations their money has ac- strike down laws in over 20 States and average House winner spent a little a Federal law that has been the corner- tually gone to. For the Court to overrule Austin and under $1.4 million. A single major cor- stone of the Nation’s campaign finance McConnell in this case would require it poration could spend three or four system for 100 years. The settled expec- to reject these three important prin- times those amounts without causing tations that would be upset by this de- ciples of judicial modesty. It would even a smudge on its balance sheet. cision are enormous. And subsequent amount to the unelected branch of gov- This is not about the self-interest of developments surely have not shown ernment reaching out to strike down legislators who will undoubtedly fear that the Austin decision is unworkable. carefully considered and longstanding the economic might that might be Indeed, the Court relied on it as re- judgments of the most democratic brought against them if they vote the cently as 2003 in the McConnell case branch. It would be, in my view, a com- wrong way. This is about the people and even cited it in the Wisconsin pletely improper exercise of judicial they represent, who live in a democ- Right to Life decision just 2 years ago, power. racy and who deserve a political sys- written by none other than Chief Jus- Let me discuss for a moment the con- tem where their views and their inter- tice Roberts. To be sure, there are Jus- sequences of this decision. A funda- ests are not completely drowned out by tices on the Court who dissented from mental principle of our democracy is corporate spending. the Austin decision when it came down that the people elect their representa- At the oral arguments last month, and continue to do so today. But if tives. Each citizen gets just one vote. one Justice seemed to suggest it is per- stare decisis means anything, a prece- Our system of financing campaigns fectly acceptable for a tobacco com- dent on which so many State legisla- with private money obviously gives pany to try to defeat a candidate who tures and the American people have re- people of means more influence than wants to regulate tobacco and to use lied should not be cast aside simply be- average voters, but Congress over the its shareholders’ money to do so. This cause a few new Justices have arrived years has sought to provide some rea- is the system the Supreme Court may on the Court. sonable limits and preserve the impor- bequeath to this country if it does not Third, the courts decide cases only tance of individual citizens’ votes. One turn back. on a full evidentiary record so that all of the most important and long- Some will say that corporate inter- sides have a chance to put forward standing limits is that only individuals ests already have too much power and their best arguments and the court can can contribute to candidates or spend that Members of Congress listen to the be confident that it is making a deci- money in support of or against can- wishes of corporations instead of their sion based on the best information didates. Corporations and unions are constituents. I will not defend the cur- available. In this case, precisely be- prohibited from doing so, except rent system, but I will say: Imagine cause the Supreme Court reached out through their PACs, which themselves how much worse things would be in a to pose a broad constitutional question raise money only from individuals. The system where every decision by a Mem- that had not been raised below, there is Supreme Court may very well be about ber of Congress that contradicts the no record whatsoever to which the to change that forever. wishes of a corporation could unleash a Court can turn. None. The question According to a 2005 IRS estimate, the tsunami of negative advertising in the here demands a complete record be- total net worth of U.S. corporations next election.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.015 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10628 CONGRESSIONAL RECORD — SENATE October 21, 2009 In light of the immense wealth a cor- ability to enforce antitrust laws many years, United Health Care, a poration can bring to bear on such a against them, and the Supreme Court massive health insurance company, project, I frankly wonder how our de- ruled that the insurance business was owned and operated a computerized mocracy would function under such a subject to antitrust laws just like ev- pricing system that was used by almost system. We are talking about a polit- erybody else. In response, insurance every other health insurer. The New ical system where corporate wealth companies came to Congress, where York attorney general recently found rules in a way that we have simply they launched a massive lobbying cam- that the system was designed to sys- never seen in our history. paign, pressuring Congress to invali- tematically underpay doctors for their So, once again, I certainly want to date the Supreme Court’s decision—not services and that this had been going thank my friend from Arizona for his unlike the current lobbying barrage on for years. United Health paid $400 friendship and his courage. We will they are aiming at killing health care million to settle lawsuits by the State, continue to fight for a campaign fi- reform. That campaign back in 1944 but if the Federal Trade Commission or nance system that allows the American was successful. In March 1945, the the U.S. Department of Justice had people’s voices to be heard. McCarran-Ferguson Act exempted in- tried to bring suit under the Federal Mr. President, I yield the floor and surance companies entirely from the antitrust laws, they would have been suggest the absence of a quorum. reach of America’s antitrust laws. If blocked by McCarran-Ferguson. The PRESIDING OFFICER (Mr. BEN- that exemption ever made sense, it no Finally, ironically, health insurers NET). The clerk will call the roll. longer does, especially when it comes threaten and sue doctors all the time The legislative clerk proceeded to to health insurance coverage. under these same antitrust laws while call the roll. Today, Americans pay ever-higher protecting their own exemption from Mr. WHITEHOUSE. Mr. President, I premiums for less care because a small the laws they seek to impose on the ask unanimous consent that the order group of wealthy, powerful companies providers and the doctors whom they for the quorum call be rescinded. control the health insurance market. torment. The PRESIDING OFFICER. Without Just consider these numbers: A study One might ask how this exemption objection, it is so ordered. by the American Medical Association has survived so long. A certain school HEALTH INSURANCE INDUSTRY ANTITRUST shows that 94 percent of metropolitan of political thought holds that the only ENFORCEMENT ACT areas—virtually every one—has a proper relationship of government to Mr. WHITEHOUSE. Mr. President, I health insurance market that is ‘‘high- the market is hands off, that any gov- come to the floor to speak in strong ly concentrated,’’ as measured by De- ernment involvement in the market- support of the Health Insurance Indus- partment of Justice standards. This place is unnatural and unwelcome. But try Antitrust Enforcement Act, intro- means that if the Department of Jus- with respect to antitrust enforcement, duced by the senior Senator from tice’s Antitrust Division had enforce- we crossed that Rubicon long ago, and ment authority over the health insur- Vermont, the chairman of our Judici- every industry in the country is re- ance industry, it would be carefully ary Committee, Mr. PATRICK LEAHY. I quired to play by rules that support the scrutinizing this market for signs of believe this bill is an important part of market by increasing competition, anticompetitive conduct that hurts health care reform, and I am hopeful it again, except insurance. Experience in consumers. But due to the antitrust ex- can be included in the final reform bill those other areas has shown that the emption, the Department of Justice as it makes its way through this body. government referee on the field of play Our antitrust laws embody the proud cannot do that job. That same study creates a better environment for com- American idea that democracy shapes shows that, in 39 States 2 health insur- petition, and the public wins. ers control at least half of the health capitalism and not vice versa; that vig- Think of the benefits of a competi- insurance market and in 9 States a sin- orous economic competition is not an tive health insurance market. Insurers gle insurer controls at least 70 percent amoral, Hobbesian contest but dis- would have to compete on price, low- ciplined by a strong rule of law tradi- of the market. Back in 1945, the insurance industry ering premiums for individuals and tion; and that ours is not a society in small businesses purchasing insurance, which might makes right and only the argued that it should be exempted from the antitrust laws because the market and work hard to lower those unneces- powerful write the rule book. sary administrative costs. New com- The great Supreme Court jurist and was heavily localized and not con- petitors would be able to enter more antitrust crusader William O. Douglas, centrated. Well, if that were true then, easily and offer better consumer serv- wrote: it is not true now. Overhead for private insurers is an ice, quicker claims processing, stream- Industrial power should be decentralized. lined enrollment—competition that is It should be scattered into many hands so astounding 20 to 27 percent—charges that the fortunes of the people will not be that consumers pay for in higher pre- desperately needed in a market where dependent on the whim or caprice, the polit- miums. A Commonwealth Fund report 36 percent of physician overhead is con- ical prejudices, the emotional stability of a indicates that private insurer adminis- sumed by fighting with the insurance few self-appointed men. . . . That is the phi- trative costs increased 109 percent from industry over inappropriate denial and losophy and the command of the Sherman 2000 to 2006—109 percent in those 6 delay of health insurance claims. [Antitrust] Act. years—and the McKinsey Global Insti- Senator LEAHY’s Health Insurance The passage of the Sherman Anti- tute estimates that Americans spend Industry Antitrust Enforcement Act trust Act and the Clayton Antitrust roughly $150 billion annually on what would repeal the unique and peculiar Act and the creation of the Federal the report calls ‘‘excess administrative exemption for health insurance and Trade Commission and the Antitrust overhead’’ in the private health insur- medical malpractice insurance compa- Division at the Department of Justice ance market. Mr. President, $150 bil- nies. The bill ensures that these com- demonstrated a Federal commitment lion a year in ‘‘excess administrative panies are no longer permitted to en- to a level economic playing field. overhead.’’ Clearly, this is not a com- gage in the most egregious forms of Small businessmen and entrepreneurs, petitive market. If it were, companies antitrust violations—price fixing, bid shouldering the enormous task of would be driven to cut these costs in rigging, and market allocations—while starting and sustaining a new enter- order to compete effectively in the preserving insurers’ ability to share prise, would know that powerful com- marketplace. statistical information with each other petitors could not collude to keep them Without competition and without in a procompetitive manner, with ap- out of the market. Consumers could economic incentive to avoid massive propriate approvals. rest assured that prices were not being administrative costs, health insurance Let me conclude with the words of a fixed artificially high by scheming mo- premiums have increased 120 percent— distinguished Senator, one of the nopolists. Every industry, ever vector more than doubled—in one decade, greatest advocates for the elderly, ill, of American business, was made sub- while insurance industry profits in- and disabled this Chamber has seen, ject to these rules of the road—except creased 428 percent in the same pe- Senator Claude Pepper. Senator Pep- for one: the insurance industry. riod—428 percent. per, at the time, strongly opposed the In 1944, insurance companies chal- Doctors and other health care pro- McCarran-Ferguson antitrust exemp- lenged the Federal Government’s very viders have been hurt as well. For tion for the insurance industry, and he

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.065 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10629 warned of the ‘‘carte blanche authority and influence public policy to meet nancial services companies spending . . . which had been contained in no their ends. The consequences of such a unlimited money to defeat Members of previous legislation . . . [and] which decision by our Supreme Court could Congress who have the nerve to want for the first time gives the States carte be nightmarish. to reform the way things are done on blanche to legitimize the very vices Federal laws restricting corporate Wall Street; defense contractors over- against which the Clayton Act and the spending on campaigns have a long whelming candidates who dare ques- Sherman Act were directed.’’ pedigree. Back in 1907, the Tillman Act tion a weapons program they build. It It appears to me the exemption for restricted corporate spending on polit- would become government of the CEOs, the insurance industry was a mistake ical campaigns. While various loop- by the CEOs, and for the CEOs. then, and it is assuredly unwise now. holes have come and gone over the Nothing in the history of the first Let’s repeal this unfair law and give years, the principle embodied in that amendment requires the protection of health insurance consumers the same law that corporations aren’t free to such activities. To the contrary, Con- benefits of free, open, and fair competi- spend unlimited dollars to influence gress long has been understood to hold tion that all Americans enjoy. political campaigns is a cornerstone of the power to protect the electoral proc- Let me finally add that the state of our American system of government. ess from the corrupting flood of cor- the health insurance market reinforces That principle now appears to be at porate money. This is because, as the the need to which I have spoken, and so risk as the Supreme Court may be Supreme Court long has recognized, a many of my colleagues have spoken be- poised to open the floodgates now hold- corporation holds no inalienable right fore, for an efficient, nonprofit public ing back corporate cash. to participate in an election. Unlike health insurance option. The health in- In September, the Supreme Court the people from whom the sovereign surance industry has been artificially heard oral argument in Citizens United power of the State is drawn, a corpora- sheltered by government for decades, v. The Federal Election Commission. tion is created by and subject to the building huge profit margins, massive Citizens United is an organization that sovereign power of the State. Indeed, market share, and colossal overhead accepts, channels, and funnels cor- as Chief Justice John Marshall ex- and administrative costs. Now these porate funding. It sought to broadcast plained in 1809, only 18 years after rati- fication of the first amendment, a cor- same companies argue vehemently a documentary attacking our former poration is ‘‘a mere creature of the against the public option on the colleague, Senator Clinton, now Sec- law, invisible, intangible, and incorpo- grounds that it would amount to gov- retary of State Clinton, at the time a real and certainly not a citizen.’’ ernment interference—government in- candidate for President, on On Demand In 1906, a century later, the Supreme terference with their government pro- cable broadcasts. Current law prohibits Court explained that: tection from competition. That irony the broadcast of this kind of corporate The corporation is a creature of the state. just doesn’t pass the laugh test. advocacy on the eve of an election. It is presumed to be incorporated for the According to the AMA study I quoted Citizens United filed a lawsuit arguing benefit of the public. It receives certain spe- in the beginning of my remarks, Rhode that the law infringed on its first cial privileges and franchises, and holds Island is the second most concentrated amendment rights. them subject to the laws of the state and the health insurance market in the coun- Many observers expected the Court limitations of its charter. Its powers are lim- try. Just two insurers control 95 per- to rule narrowly on the case, perhaps ited by law. cent of the market. My constituents focusing on whether McCain-Feingold Corporations are created by govern- desperately would like the chance to applies to On Demand broadcasts. In- ment charter. They are legal fictions, choose a public option and would ben- stead, after hearing oral argument, the tools for organizing human behavior. efit from a more competitive health in- Court asked for an additional briefing Neither logic nor history justifies surance market, one in which vigorous and a new round of oral argument, unleashing them from the bonds of gov- competition brings down costs and im- something the Supreme Court does ernment to master and control the proves the quality of care and encour- very rarely, to consider whether the very government that created them— ages health insurers to treat people de- first amendment bans such restrictions new monsters on the political land- cently. on corporate campaign spending. There scape, bending public wealth to their Mr. President, I have concluded the is some indication that the activist peculiar private purposes. How might they do that? Well, let’s remarks on the McCarran-Ferguson ex- conservative wing of the Court believes look at one recent case involving Bank emption. I wish to turn to another it does. We may be on the verge of an- topic, but I see the majority whip on of America. other effort by a Roberts court to ad- All of us remember in September of the Senate floor, and I would be de- vance its ideologically charged view of 2008, Bank of America announced that lighted to yield to him if he wishes to the Constitution. In so doing, the it would buy Merrill Lynch for $50 bil- take a moment. Court would overturn its own long- lion. In August of this year, the Securi- I will continue, then. I thank the dis- standing precedents, opinions such as ties and Exchange Commission filed a tinguished majority whip. Austin v. Michigan State Chamber of civil suit against the Bank of America BIPARTISAN CAMPAIGN REFORM ACT Commerce where Justice Thurgood alleging that it had made a misrepre- Mr. President, I wish now to say a Marshall warned of ‘‘the corrosive and sentation to its shareholders that Mer- few words about the colloquy that took distorting effects of immense aggrega- rill Lynch would not pay bonuses to its place between Senator MCCAIN and tions of wealth that are accumulated executives in 2008 when, in fact, Bank Senator FEINGOLD on the Senate floor a with the help of the corporate form and of America had agreed that Merrill few moments ago over the need to pro- that have little or no correlation to the Lynch could pay up to $5.8 billion in tect our Nation’s political system from public support for the corporation’s po- bonuses to its executives. That is the the influence of corporate money. litical ideas.’’ background. For more than a decade, Senators Should the Court upturn so much Bank of America and the Securities MCCAIN and FEINGOLD have been stal- long-settled law, it would upend our and Exchange Commission submitted a wart defenders of the integrity of our entire political system and we could proposed final consent judgment pro- political system, and they achieved a see a new era of corporate influence posing to resolve that case by giving hard-fought victory in 2002 with the over politics not seen in the history of $33 million of shareholder money to the passage of the Bipartisan Campaign our Republic. Securities and Exchange Commission. Reform Act, which everybody around Imagine for a moment what our po- The U.S. District Court in New York here knows as the McCain-Feingold litical system would look like if the took a look at this proposal and threw law. As they said in their remarks, we Court takes the fateful step of allowing it out. The judge rightfully rejected it face a real danger that an activist Su- corporations to unrestrictedly spend as neither fair nor reasonable nor ade- preme Court will strike down portions money to influence campaigns. Cor- quate. The Court said it well; I can’t of that law, overturn the will of Con- porate polluters under investigation by improve on the Court’s decision: gress and the American people, and the Department of Justice, running un- The parties were proposing that the man- allow corporations to spend freely in limited advertisements for a more agement of Bank of America—having alleg- order to elect and defeat candidates sympathetic Presidential candidate; fi- edly hidden from the bank’s shareholders

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.066 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10630 CONGRESSIONAL RECORD — SENATE October 21, 2009 that as much as $5.8 billion of their money, kets. In other words, they can make chines and equipment, and now have shareholder money, would be given as bo- good on their threat 2 weeks ago that depleted their savings and do not know nuses to the executives of Merrill who had they are going to raise health insur- where to turn, and they are frightened. run that company nearly into bankruptcy— Listen to the words a husband and fa- would settle the legal consequences of their ance premiums if we pass health care lying by paying the SEC $33 million more of reform in America. There is nothing we ther from Joliet, IL, has written to me: their shareholders’ money. can do to stop them, short of creating I am one of the millions who has become a competitive model where they might dependent on my unemployment benefits to As the Court noted, this was all done help carry our family from week to week. ‘‘at the expense not only of the share- have an actual competitor in markets such as Rhode Island and Illinois. It is I’ve been employed full time since I was le- holders, but also of the truth.’’ gally old enough to work and have always That is a pretty stark example of known as the public option. Some peo- had a job. corporate management trying to use ple brand it as socialism or some wild I worked at the same company for 8 years shareholder money to serve its own French idea, but what it comes down to before losing my job due to lack of work. ends, even against shareholder inter- is basic competition—something the Confident that I’d find a job right away, I ests. Well, guess whose interests cor- health insurance companies loathe. Be- didn’t sweat it. But I haven’t. Eighteen cause of the antitrust exemption, months later and I’m still unemployed and porate managers would pursue politi- terrified because I’m about to receive my cally if they could open the spigots of McCarran-Ferguson, they have not last unemployment check. shareholder money in elections. been held to the same standards as any I have two young children, a modest house, Longstanding statutes and judicial other business in America. one vehicle and a lot of bills. I’m horrified at precedents that limit corporate in- I believe Senator LEAHY is on the the thought that I won’t be able to pay my volvement in campaigns rests on the right track. It is part of the health bills or put food on our table. We just got hit well-established and long-accepted rec- care reform. I know he is supported by with unforeseen medical bills that the insur- ance company has decided not to cover (ap- ognition that corporations and their Senator HARRY REID, the majority parently vaccinating children falls under the corrupting self-interests must be con- leader, that we should repeal the ‘‘unimportant’’ category), my truck needs trolled. There is no reason now for a McCarran-Ferguson antitrust legisla- tires and brakes, but we can’t afford to pay fundamental rethinking of such a plain tion as it exists today. for either, and my refrigerator is threatening and well-settled principle. The right- I concur with Senator WHITEHOUSE as to die on me. wing of the Supreme Court will be hard well on the notion that the case which My entire world feels like it’s crumbing pressed to justify departing from such is now pending before the U.S. Supreme around me but I was confident that the gov- settled understandings of the first Court could, in my mind, completely ernment, my government, would be there to destroy our political climate and cam- back us up and I’m appalled that this exten- amendment, from the century-long tra- sion is being held up. dition of controlling corporate spend- paigning in America. If we allow cor- Without this extension, things are going to ing, to invent new constitutional porations to be exempt from limita- get much worse. I’m scared. Please don’t let rights for corporations against real tions in their involvement in this polit- us fall through the cracks. human beings. ical process, it is virtually the end of I say to the Senator from Rhode Is- In closing, I stand with my col- campaigns as we have known them. land, I am sure he has received similar leagues, Senator MCCAIN and Senator It is time for us to not only endorse messages from his State, and I am sure FEINGOLD, in readiness to do what it the position that has been expressed by our Republican colleagues have re- takes to protect our system of cam- Senator MCCAIN, Senator FEINGOLD, ceived similar messages. They have paign finance laws from the danger of and Senator WHITEHOUSE, but also step held us up in our attempt to extend un- corporate corruption. I look forward to back and take an honest look at this employment benefits to millions of working with them and my other col- system, which I think is unsustainable people just like the man who wrote to leagues to ensure that our elections re- and intolerable. me from Joliet, IL. main enlivened by a robust debate I have introduced legislation with Here is something I just learned. The among human participants in which Senator SPECTER calling for public fi- Republicans say: We cannot go onto CEOs don’t have favored princely sta- nancing of campaigns. When will we unemployment benefits because we tus because they can direct corporate ever reach the conclusion that this sys- want to offer some amendments. This funds to drown out people’s voices. tem, if it is not corrupt, is corrupting? is a common plank we hear from them, I thank the Presiding Officer, and I In order to take the big money out of that they don’t have enough of a yield the floor. politics, whether from corporations or chance to offer amendments. I have not The PRESIDING OFFICER. The ma- from individuals, we need to move to a seen the amendments, but they were jority whip is recognized. model that has been embraced by described to me. I think the Senator Mr. DURBIN. Mr. President, let me States that are more progressive in from Rhode Island may be surprised to say at the outset the Senator from their outlooks. The States of Maine learn that two of the amendments they Rhode Island has addressed two issues and Arizona have moved in this direc- want to offer—the reason they are that are timely and important. I cer- tion. We should as well. holding up unemployment benefits is tainly concur with him and cosponsor I support public financing, and I hope because they want to take another the legislation offered by the chairman our Rules Committee can consider a whack at ACORN. Think about that. of the Senate Judiciary Committee, hearing on this important measure The Republican Senate leadership has Senator PATRICK LEAHY, which would soon. reached the point where they would repeal the McCarran-Ferguson Act as UNEMPLOYMENT INSURANCE BENEFITS consider amendments on the organiza- it relates to health insurance compa- Yesterday, I came to the Senate floor tion of ACORN as an alternative or at nies and medical malpractice insurers. to talk about a Republican hold on our least holding up even the most basic The McCarran-Ferguson Act, since the efforts to extend unemployment insur- unemployment benefits for unem- 1940s, if I am not mistaken, has ex- ance benefits to millions of Americans. ployed workers across America. empted the insurance industry from These are people who have worked hard ACORN is a controversial organiza- antitrust regulation, which literally their entire adult lives and are strug- tion. I know that as well as anyone. I means those insurance companies, ex- gling now to make ends meet. Some of said the people who were disclosed on a empt from the supervision of the Jus- them earned six-figure salaries and video several weeks ago should be held tice Department, can engage in con- others more modest incomes, and now accountable. I know they have been duct absolutely illegal and unaccept- they are struggling to put food on the fired. And if they have broken laws, able by any other corporation in Amer- table. Some had high-ranking bank they should be prosecuted, period. I ica, save one. Organized baseball is jobs, others more mundane and routine called for an investigation of ACORN’s given the same basic exemption for jobs. But they are all in trouble, and involvement with the Federal Govern- reasons that are lost in the pages of they are counting on us to let them ment to find out if there has been history. But I will say that under the have the money they put into a fund wrongdoing and misuse of Federal current McCarran-Ferguson law, the for their unemployment. funds. We have gone even further on health insurance companies have the These people worked for years on fac- the floor of the Senate to actually bar- power to fix prices, to allocate mar- tory floors, building expertise in ma- ring ACORN from doing business with

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.067 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10631 the Federal Government. But that is Americans will lose benefits by the end law, which was passed over 40 years ago not enough on the Republican side of of the year if we do not pass the Demo- in 1968 after the assassination of Dr. the aisle. In order to feed the mouths cratic extension of unemployment ben- Martin Luther King Jr., only carries of the rightwing cable shows, they keep efits; 1.3 million Americans will suffer six narrow categories of conduct. The pushing ACORN down our throats at needless poverty and deprivation for hate crime has to take place, for exam- the expense of unemployment benefits their families because of this obstruc- ple, while using a public accommoda- for millions of Americans. tionism. These are working-class fami- tion. The hate crimes bill now being When you look at this, this is such a lies. These are families we value in this considered would expand coverage so vacuous, frivolous, embarrassing out- country. These are families who de- that hate crimes could be prosecuted come that we would say to people like serve a fighting chance. wherever they take place. Federal pros- the man who has just written to me: I say to my Republican colleagues ecutors would no longer be limited to Sorry, we cannot give you the peace of who have stopped the Democrats from these six narrow categories. mind you get with an unemployment extending unemployment insurance Second, the bill would expand the check; we have to take another whack benefits: What are you waiting for? categories of people covered under the at ACORN and we have to hold up the Don’t you receive the same e-mails, Federal hate crimes law. The current bill for weeks until we satisfy a few mail, and phone calls we receive? You law provides no coverage for hate Senators who cannot get enough of this have unemployed people in your State. crimes based on the victim’s sexual ori- exercise. I don’t think it is responsible. Clearly, they need help. entation, gender, gender identity, or I sure don’t think it is fair. And I can Mr. President, 50,000 families in Illi- disability. Unfortunately, statistics tell you that the people who are suf- nois will lose their unemployment in- tell us that hate crimes based on sex- fering because they lost their jobs and surance, while they look for work, by ual orientation are the third most com- are feeling the pain and frustration are the end of the year if the Senate does mon after those based on race and reli- not going to be satisfied to know a few not act. Some seem to be worried about gion. About 15 percent—one out of six Republican Senators want to offer an- how to pay for this extension, but we or seven—of all hate crimes is based on other amendment on ACORN. have paid into this for years. Workers sexual orientation. We cannot ignore Listen to the frustration and pain of put in a little bit of money out of their this reality. a veteran from Cicero, IL. He writes: paychecks, and employers as well. It Let me address one or two arguments My age is 61. I have been unemployed since goes right into a fund to cover unem- made against this bill. March 2008. I am actively looking for work. ployment. So it is not as if the money Many have written to me and said It has been more than 6 months since I’ve is not there; it is just the political will they believe this bill would be an in- even had an interview. is lacking. Unfortunately, there are fringement on religious speech. Their When I’ve had interviews, I feel that once other things that are more important the interviewer sees my gray hair, I am concern is that a minister in a reli- eliminated from competition, saying I’m to some people on the other side of the gious setting could be prosecuted if he over qualified. aisle. sermonizes against homosexuality and I’m realistic, and willing to take a cut in I say to my colleagues in the Senate, then a member of his congregation as- pay to [get a job]. it is time for us—in fact, it is over time saults someone on the basis of their What I’m writing about is the extension of for us—to pass extension of unemploy- sexual orientation. I certainly under- unemployment benefits. I’ve received notices ment benefits. stand this, but their concern is mis- from the State of Illinois my extended bene- HATE CRIMES LEGISLATION fits and emergency benefits from the State placed. of Illinois have expired. Mr. President, the Defense authoriza- The chair of the Senate Judiciary I understand that the House [of Represent- tion bill includes hate crimes language Committee, Senator LEAHY, held a atives in Washington] has voted to extend which for several years has been passed hearing a few months ago with Attor- benefits by an overwhelming majority. But by both the House and the Senate only ney General Eric Holder. I attended the the extension is being held up in the Senate. to see it blocked by filibuster threats hearing, and I asked the Attorney Gen- Sir, I am facing losing my home and all my or by the threat of a veto. What a dif- eral of the United States pointblank possessions that I can’t pack in my car. ference a year has made. When Con- I must urge you once again to look posi- whether a religious leader could be tively and in a timely manner to a vote in gress took up the hate crimes bill last prosecuted under the facts I just de- the Senate. Now, I must also ask you to con- Congress, President George W. Bush scribed. This is what the Attorney Gen- sider extending relief to those who no longer called it ‘‘unnecessary and constitu- eral said in response to the hypo- have benefits. tionally questionable.’’ He said he thetical question I raised: I have now applied for State welfare bene- would veto it. This bill seeks to protect people from con- fits. I am now waiting for my scheduled The American people said last No- duct that is motivated by bias. It has noth- interview to have my application reviewed. vember that they wanted a new Presi- ing to do with regard to speech. The minister All of these people have been helped dent and a change. They wanted our who says negative things about homosex- by unemployment insurance. All of country to move in a different direc- uality, about gay people, this is a person I them are at risk of losing that lifeline. tion. President Obama is doing that. In would not agree with, but is not somebody Since I spoke on the floor yesterday this case, he is supporting the hate who would be under the ambit of this stat- about the Republican obstructionism crimes legislation. ute. stopping us from bringing up unem- This bill has another important This clear representation from the ployment benefits, 7,000 people have champion who sadly is no longer with Nation’s top law enforcement officer lost their unemployment insurance, us. Senator Ted Kennedy of Massachu- puts to rest, in my mind and the mind 7,000 more will lose it today and 7,000 setts was our leader on this issue for of any reasonable person listening to more tomorrow. Why? So that several over a decade. I only wish he were here it, any misunderstanding people might Senators can have another amendment to vote and join us on the passage of have about how this law would work. attacking ACORN. Does that make any this important legislation. Nobody It is also important to note that the sense? Is that fair or just? These Sen- spoke to this issue with more author- hate crimes bill requires bodily injury ators ought to go home to their States ity and clarity than Senator Ted Ken- before prosecution. Words are not and tell the people who are out of work nedy. He was the heart and soul of the enough. It does not apply to speech or and not receiving unemployment: Senate, and passing this bill will honor harassment. It does not apply to those Sorry, we can’t help you yet because the great work he gave in his public ca- who would carry signs with messages we have a few more political items to reer to the cause of civil rights. which exhibit their religious belief. At- work on, an agenda. I generally believe Congress should torney General Holder assured the Sen- Republicans in this body, unfortu- be careful in federalizing crime, but in ate that unless there is bodily injury nately—some of them—are too con- the case of hate crimes, there is a dem- involved, no hate crimes prosecution cerned about the political agenda and onstrated problem and a carefully could be brought. I don’t know how he not concerned enough about the human crafted solution. could have been clearer and more de- agenda of hard-working Americans out There are two parts to this problem. finitive. People who listen to his state- of work. Mr. President, 1.3 million First, the existing Federal hate crimes ment in good faith will understand it.

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.068 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10632 CONGRESSIONAL RECORD — SENATE October 21, 2009 I also note that 24 States, nearly half It has been over 10 years since Matthew and Bible band as well as Bible study. the States in our Nation, have hate Shepard was left to die on a fence in Wyo- The House of Holiness may best be de- crime laws on the books that include ming because of who he was. It has also been scribed by a verse of Scripture which sexual orientation, and religious lead- 10 years since this bill was initially consid- attests ‘‘Holiness becometh thine ered by Congress. In those 10 years, we have ers are not being prosecuted in those gained the political and public support that house o Lord for ever.’’ It is clear that States. is needed to make this bill into law. Today, Reverend Sanders and his wife are holy That is not the purpose of the hate we have a President who is prepared to sign people who try to live as lights for God crimes law. Prosecutors aren’t looking hate crimes legislation into law, and a Jus- in our world. to put ministers in jail for their reli- tice Department that is willing to enforce it. President Obama once said ‘‘Focus- gious beliefs. To the contrary, the hate We must not delay the passage of this bill. ing your life solely on making a buck crimes bill will actually help religious Now is the time to stand up against hate-mo- shows a certain poverty of ambition. It communities. Understand, 20 percent of tivated violence and recognize the shameful asks too little of yourself. Because it’s damage it has done to our Nation. all hate crimes that are committed in only when you hitch your wagon to the United States are committed on We will honor the memory and leg- something larger than yourself that the basis of religion. This bill would acy of Senator Edward Kennedy by you realize your true potential.’’ This eliminate the narrow requirements passing this Defense authorization con- ideal is exemplified by Reverend Sand- that currently prevent Federal pros- ference report, which includes the hate ers and Emma, as together they serve ecutors from bringing certain hate crimes law language. We need to send others and help make Nevada a better crimes cases motivated by religious this to President Obama, who has place. Whether it be through their vol- bias. promised he will sign it into law. I urge unteer efforts with the Salvation Army Another criticism of the legislation my colleagues to join me in support of or by way of their many other selfless is there is no need to pass a Federal this important legislation. endeavors, the Sanders help to better hate crimes law because some States I yield the floor and suggest the ab- their community. are already doing it on their own. This sence of a quorum. The Sanders and the House of Holi- argument is similar to one we faced be- The PRESIDING OFFICER. The ness Church have a bright future on fore. Almost a century ago, when Con- clerk will call the roll. their horizon. I congratulate the Sand- gress debated an antilynching law be- The legislative clerk proceeded to ers on 57 years of loving marriage and tween 1881 and 1964, almost 5,000 people call the roll. 40 years of saintly service to the Las were lynched in the United States. The Mr. DURBIN. Mr. President, I ask Vegas community. victims were mostly—but not exclu- unanimous consent that the order for f sively—African American. Yet Con- the quorum call be rescinded. HONORING OUR ARMED FORCES gress resisted addressing this problem The PRESIDING OFFICER. Without for generations. Criminal law is pri- objection, it is so ordered. CAPTAIN BENJAMIN A. SKLAVER marily a State and local function. I un- f Mr. LIEBERMAN. Mr. President, I wish pay tribute to CPT Benjamin A. derstand that. An estimated 95 percent MORNING BUSINESS of prosecutions for crimes occur at Sklaver, U.S. Army, of Hamden, CT, that level. But in some areas of crimi- Mr. DURBIN. Mr. President, I ask who died of injuries sustained when an nal law, the Federal Government can unanimous consent that the Senate improvised explosive device detonated and should step in to help. proceed to a period of morning busi- near his dismounted patrol in Murcheh, We have 4,000 Federal criminal laws, ness, with Senators permitted to speak Afghanistan, on October 2, 2009. 600 of which have been passed in the for up to 10 minutes each. Captain Sklaver was assigned to last 10 years. Hate crimes are a sad and The PRESIDING OFFICER. Without Headquarters Company, 422nd Civil Af- tragic reality in America. The killing objection, it is so ordered. fairs Battalion, U.S. Army Reserve, of this past summer of an African-Amer- f Greensboro, NC. Ben Sklaver was a remarkable young ican security guard at the Holocaust TRIBUTE TO REV. AND MRS. man. He lived not only as a true pa- Museum here in Washington, DC, was a MELVIN SANDERS reminder that hate-motivated violence triot and defender of our Nation’s prin- still plagues our Nation. Mr. REID. Mr. President, I rise today ciples of freedom and justice but as a Earlier this year, in my home State to honor Rev. Melvin Sanders and his compassionate ambassador of good will of Illinois, two White men in the town wife Emma Sanders for 40 years of and humanitarian assistance to thou- of Joliet used a garbage can to beat a service to the Las Vegas community. sands in need. 43-year-old Black man outside a gas Mr. SANDERS and his wife moved to Las Though he was called ‘‘Captain’’ by station, while yelling racial epithets Vegas, NV, from Arizona in 1954. Mr. those soldiers around him, he was and stating: ‘‘This is for Obama.’’ The and Mrs. Sanders entered the business known as ‘‘Moses Ben’’ to thousands of victim sustained serious injuries, lac- field successfully and have remained Ugandans who now have clean water erations, and bruises to his head. involved for over 40 years. thanks to Ben’s efforts. After serving Just 2 weeks ago, in Springfield, in Reverend Sanders and Emma Sanders in Africa and being struck by the num- my hometown, three University of Illi- are known all over Las Vegas for their ber of deaths and illnesses resulting nois students were arrested for vi- generosity and warmth toward their from dirty drinking water, he returned ciously beating and punching two men neighbors. He and his wife assisted home and founded ClearWater Initia- while yelling antigay slurs at them. multiple families in financial need and tive. In the short time since its incep- These are incidents in my home have also provided ministerial and tion, with the aid of his parents Laura State, a State I am proud to represent, spiritual outreach to the people of the and Gary, ClearWater Initiative con- but I am not proud of this criminal Las Vegas Valley. The Sanders are structed wells for more than 6,500 peo- conduct, and I don’t think America known as Mom and Dad to literally ple, primarily in northern Uganda. should be proud of it. hundreds of Nevadans. Reverend Sand- Captain Sklaver served as a mes- According to FBI data, based on vol- ers and his beloved wife have been mar- senger of high justice and idealism in untary reporting, there are 8,000 hate ried for 57 years and are the proud par- the best tradition of American prin- crimes annually in America. Some ex- ents of six children, one of whom trag- ciples and patriotism. Our Nation ex- perts think the number is closer to ically preceded them in death. The tends its heartfelt condolences to his 50,000. The hate crimes bill would not Sanders’ church has been in existence mother and father, Laura and Gary eliminate hate crimes, but it will help for 40 years. Sklaver, his brother Samuel, sister ensure these crimes do not go The House of Holiness Church has Anna, and fiance Beth, whom I have unpunished. been open to its congregation for 40 known since she was a baby because In closing, I wish to quote the words years, and may best be described as a she is the daughter of my dear friends of Senator Kennedy when he intro- vibrant and joyful place of worship. Jim and Barbara Segaloff. duced the hate crimes bill in April. The church has Sunday school, after- To Ben’s family and the people he This is what he said: noon service, evening service, prayer touched during his life, we extend our

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.069 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10633 deepest appreciation for sharing this other chapter of it. Without a clear and American Baptist church in Lansing, outstanding soldier and humanitarian viable plan for civilian protection, con- established by a small group of wor- with us. Ben was a true national hero, tinuing military operations and de- shippers meeting in a living room. In and his many contributions made sig- ployments will likely lead to further 2001, the congregation built a Family nificant and lasting impacts through- reprisal attacks by armed groups and Life Center, which ministers to the out the world. You may be justifiably greater displacement. At the same community with classrooms, a com- proud of his contributions which ex- time, without real progress to demili- puter lab, a chapel, a prayer garden, tend above and beyond the call of duty. tarize the economy and reform the and a commercial kitchen. The con- f Congolese military, any security gains gregation today consists of over 700 are likely to be short-lived. members. REPUBLIC OF CONGO I was very pleased that Secretary The church has been blessed by excel- Mr. FEINGOLD. Mr. President, I am Clinton chose to travel to eastern lent leadership over the years. The deeply concerned by the deteriorating Congo during her trip to Africa in Au- first pastor was Rev. H.C. Randolph, humanitarian situation in the eastern gust and pledged $17 million in new who was succeeded by many other dis- and northeastern regions of the Demo- funds to address the sexual violence tinguished pastors over the years, in- cratic Republic of Congo. In the east, there. I also know the State Depart- cluding Rev. G.W. Carr, Rev. J.G. the FDLR rebels have deliberately and ment has been exploring ways to build Bruce, Rev. S.L. Johnson, Rev. Norris brutally targeted civilians in response on her historic visit. And last week, Jackson, Rev. Joel L. King (uncle of to a new military offensive, while the the United States hosted meetings Dr. Martin Luther King), Rev. Charles Congolese military—an undisciplined with our European and U.N. partners J. Patterson, and the current pastor, a force now including several former mi- under the auspices of the Great Lakes wonderful leader and a dear friend, litias—has also targeted civilians with Contact Group to discuss our collective Rev. Melvin T. Jones. killings, rapes, and looting amidst on- efforts going forward. This is all well Throughout its great history, Union going operations. Last week, a coali- and good. I hope the international com- Missionary Baptist Church has en- tion of 84 humanitarian agencies re- munity will take immediate steps to riched the lives of thousands of people leased a report stating that more than bolster civilian protection and humani- who have come through its doors to 1,000 civilians have been killed and tarian access in both the east and worship. It has been my privilege to nearly 900,000 displaced in eastern northeast. But as we go forward, we work with Reverend Jones over the years. He and his church truly reflect Congo since January. In addition, the also need to finally get serious about what Paul urged of the Galatians: United Nations reports that there have pressing regional governments to ad- ‘‘Whenever we have an opportunity, let been over 5,000 cases of rape in South dress the underlying causes of the con- us work for the good of all.’’ I con- Kivu Province in the first 6 months of flict: the continued plunder and milita- gratulate Reverend Jones and the con- this year alone, and that number is in- rized trade of eastern Congo’s rich min- gregation, and I look forward to par- creasing. With the offensive continuing eral base, the region’s porous and un- ticipating in the church’s centennial and the onset of the dry season, the regulated borders, outside support of celebrations.∑ level of violence is likely to increase in armed groups, and the lack of account- the months ahead. ability and discipline in the Congolese f Meanwhile, Doctors without Borders army. MESSAGES FROM THE HOUSE reported last week that hundreds of Addressing these issues will not be thousands of people in northeastern At 12:37 p.m., a message from the easy. But continuing to rely on half- House of Representatives, delivered by Congo are fleeing from renewed at- measures and focusing on the symp- tacks by the Lord’s Resistance Army. Ms. Niland, one of its reading clerks, toms offer little hope of ending Congo’s announced that the House has passed For two decades, the LRA operated in crises. It is time for a comprehensive the following bills, in which it requests northern Uganda and southern Sudan, and concerted international effort to- the concurrence of the Senate: but they have shifted their base of op- ward the Congo and the Great Lakes erations in recent years into north- H.R. 3319. An act to designate the facility Region of Africa, and I am confident of the United States Postal Service located eastern Congo. This year, facing re- that there is no better administration at 440 South Gulling Street in Portola, Cali- newed pressure from a cross-border in recent history to lead such an effort. fornia, as the ‘‘Army Specialist Jeremiah Ugandan military offensive, the LRA President Obama has already dem- Paul McCleery Post Office Building’’. have scaled up their attacks on civil- onstrated his commitment to and un- H.R. 3763. An act to amend the Fair Credit Reporting Act to provide for an exclusion ians, killing an estimated 1,200 Congo- derstanding of this issue with his work lese and abducting 1,500 in the first 6 from Red Flag Guidelines for certain busi- on the DRC Relief, Security and De- nesses. months alone. Ongoing Ugandan mili- mocracy Promotion Act of 2006. Sec- H.R. 3819. An act to extend the commercial tary operations have reportedly had retary Clinton was reportedly the most space transportation liability regime. some success, but the LRA leader Jo- senior U.S. Government official to ever At 1:58 p.m., a message from the seph Kony continues to evade capture visit eastern Congo. And finally, House of Representatives, delivered by and his forces exploit the region’s po- Johnnie Carson is perhaps the most ex- Ms. Niland, one of its reading clerks, rous borders. The Congolese military perienced Assistant Secretary for Afri- announced that the House has passed has deployed new forces to the north- can Affairs that we have ever had. To- the following bill, without amendment: east, but their inability to protect ci- gether, we have an opportunity to re- vilians from the LRA and their own verse the trends and address Congo’s S. 1818. An act to amend the Morris K. abuses against civilians have only Udall Scholarship and Excellence in Na- crises—both in the east and with the tional Environmental and Native American made things worse. LRA—and I hope we will seize it. For Over the last decade, the people of Public Policy Act of 1992 to honor the legacy Africa, few achievements could be of Stewart L. Udall, and for other purposes. eastern Congo have already lived more important for the sake of re- through violent conflict and humani- gional stability and saving lives. At 3:52 p.m., a message from the tarian crisis. According to the best es- f House of Representatives, delivered by timates, more than 5.4 million people Mrs. Cole, one of its reading clerks, an- have been killed, making this the sin- ADDITIONAL STATEMENTS nounced that the House has passed the gle deadliest conflict since the Second following bill, without amendment: World War. Millions have been dis- 100TH ANNIVERSARY OF UNION S. 1793. An act to amend title XXVI of the placed from their homes, forced to live Public Health Service Act to revise and ex- in squalid conditions. Women and girls MISSIONARY BAPTIST CHURCH tend the program for providing life-saving and even some men and boys in the ∑ Ms. STABENOW. Mr. President, it is care for those with HIV/AIDS. Congo have endured horrific levels of my great pleasure today to congratu- The message also announced that the sexual violence. Yet, rather than com- late the Union Missionary Baptist House has agreed to the following con- ing to an end of this nightmare, I am Church on its 100th anniversary. This current resolution, without amend- worried that Congo is now entering an- wonderful church was the first African- ment:

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.005 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10634 CONGRESSIONAL RECORD — SENATE October 21, 2009 S. Con. Res. 43. Concurrent resolution au- rine Corps, and his advancement to the grade report of a rule entitled ‘‘Medicare Program; thorizing the use of the rotunda of the Cap- of lieutenant general on the retired list; to Part A Premium for Calendar Year 2010 for itol for the presentation of the Congressional the Committee on Armed Services. the Uninsured Aged and for Certain Disabled Gold Medal to former Senator Edward EC–3427. A communication from the Sec- Individuals Who Have Exhausted Other Enti- Brooke. retary of Defense, transmitting a report on tlement’’ (RIN0938–AP43) received in the Of- ENROLLED BILLS SIGNED the approved retirement of Lieutenant Gen- fice of the President of the Senate on Octo- eral Terry L. Gabreski, United States Air ber 19, 2009; to the Committee on Finance. At 4:09 p.m., a message from the Force, and his advancement to the grade of EC–3436. A communication from the Office House of Representatives, delivered by lieutenant general on the retired list; to the Manager, Centers for Medicare and Medicaid Mrs. Cole, one of its reading clerks, an- Committee on Armed Services. Services, Department of Health and Human nounced that the Speaker has signed EC–3428. A communication from the Sec- Services, transmitting, pursuant to law, the the following enrolled bills: retary of the Treasury, transmitting, pursu- report of a rule entitled ‘‘Medicare Program; S. 1818. An act to amend the Morris K. ant to law, a six-month periodic report on Inpatient Hospital Deductible and Hospital Udall Scholarship and Excellence in Na- the national emergency with respect to and Extended Care Services Coinsurance tional Environmental and Native American Sudan that was declared in Executive Order Amounts for Calendar Year 2010’’ (RIN0938– Public Policy Act of 1992 to honor the legacy 13067 of November 3, 1997; to the Committee AP42) received in the Office of the President of Stewart L. Udall, and for other purposes. on Banking, Housing, and Urban Affairs. of the Senate on October 19, 2009; to the Com- EC–3429. A communication from the Assist- H.R. 621. An act to require the Secretary of mittee on Finance. ant General Counsel for Legislation and Reg- the Treasury to mint coins in commemora- f ulatory Law, Office of Energy Efficiency and tion of the centennial of the establishment Renewable Energy, Department of Energy, REPORTS OF COMMITTEES of the Girl Scouts of the United States of transmitting, pursuant to law, the report of America. The following reports of committees a rule entitled ‘‘Production Incentives for H.R. 2892. An act making appropriations Cellulosic Biofuels; Reverse Auction Proce- were submitted: for the Department of Homeland Security for dures and Standards’’ (RIN1904–AB73) re- By Mr. ROCKEFELLER, from the Com- the fiscal year ending September 30, 2010, and ceived in the Office of the President of the mittee on Commerce, Science, and Transpor- for other purposes. Senate on October 19, 2009; to the Committee tation, with an amendment in the nature of f on Energy and Natural Resources. a substitute: S. 668. A bill to reauthorize the Northwest MEASURES REFERRED EC–3430. A communication from the Assist- ant Secretary for Fish and Wildlife and Straits Marine Conservation Initiative Act The following bills were read the first Parks, National Park Service, Department of to promote the protection of the resources of and the second times by unanimous the Interior, transmitting, pursuant to law, the Northwest Straits, and for other pur- consent, and referred as indicated: the report of a rule entitled ‘‘Migratory Bird poses (Rept. No. 111—90). Hunting; Approval of Tungsten—Iron— H.R. 3319. An act to designate the facility f Fluoropolymer Shot Alloys as Nontoxic for of the United States Postal Service located Hunting Waterfowl and Coots; Availability EXECUTIVE REPORTS OF at 440 South Gulling Street in Portola, Cali- of Final Environmental Assessment’’ COMMITTEES fornia, as the ‘‘Army Specialist Jeremiah (RIN1018–AW46) received in the Office of the Paul McCleery Post Office Building’’; to the The following executive reports of President of the Senate on October 20, 2008; Committee on Homeland Security and Gov- nominations were submitted: to the Committee on Environment and Pub- ernmental Affairs. lic Works. By Mr. HARKIN for the Committee on H.R. 3763. An act to amend the Fair Credit EC–3431. A communication from the Chief Health, Education, Labor, and Pensions. Reporting Act to provide for an exclusion of the Border Security Regulations Branch, * Craig Becker, of Illinois, to be a Member from Red Flag Guidelines for certain busi- Customs and Border Protection, Department of the National Labor Relations Board for nesses; to the Committee on Banking, Hous- of Homeland Security, transmitting, pursu- the term of five years expiring December 16, ing, and Urban Affairs. ant to law, the report of a rule entitled ‘‘For- 2009. H.R. 3819. An act to extend the commercial * Craig Becker, of Illinois, to be a Member eign Repairs to American Vessels’’ ((CPB space transportation liability regime; to the of the National Labor Relations Board for Dec. 09–40)(RIN1505–AB71)) received in the Of- Committee on Commerce, Science, and the term of five years expiring December 16, fice of the President of the Senate on Octo- Transportation. 2014. ber 19, 2009; to the Committee on Finance. f EC–3432. A communication from the Chief *Brian Hayes, of Massachusetts, to be a Member of the National Labor Relations EXECUTIVE AND OTHER of the Border Security Regulations Branch, Customs and Border Protection, Department Board for the term of five years expiring De- COMMUNICATIONS of Homeland Security, transmitting, pursu- cember 16, 2012. * Mark Gaston Pearce, of New York, to be ant to law, the report of a rule entitled The following communications were a Member of the National Labor Relations ‘‘Technical Amendments to List of User Fee laid before the Senate, together with Board for the term of five years expiring Au- Airports: Removal of User Fee Status for accompanying papers, reports, and doc- gust 27, 2013. Roswell Industrial Air Center, Roswell, New uments, and were referred as indicated: * Rolena Klahn Adorno, of Connecticut, to Mexico and March Inland Port Airport, Riv- be a Member of the National Council on the EC–3423. A communication from the Chief erside, California and Name Change for Cap- Humanities for a term expiring January 26, of the Planning and Regulatory Affairs ital City Airport, Lansing, Michigan’’ (CPB 2014. Branch, Supplemental Foods Programs Divi- Dec. 09–39) received in the Office of the Presi- * Marvin Krislov, of Ohio, to be a Member sion, Department of Agriculture, transmit- dent of the Senate on October 19, 2009; to the of the National Council on the Humanities ting, pursuant to law, the report of a rule en- Committee on Finance. for a term expiring January 26, 2014. titled ‘‘Special Supplemental Nutrition Pro- EC–3433. A communication from the Regu- * Robert James Grey, Jr., of Virginia, to be gram for Women, Infants and Children (WIC): lations Officer, Office of Legislative and Reg- a Member of the Board of Directors of the Vendor Cost Containment’’ (RIN0584–AD71) ulatory Affairs, Social Security Administra- Legal Services Corporation for a term expir- received in the Office of the President of the tion, transmitting, pursuant to law, the re- Senate on October 19, 2009; to the Committee ing July 13, 2011. port of a rule entitled ‘‘Revised Medical Cri- * John Gerson Levi, of Illinois, to be a on Agriculture, Nutrition, and Forestry. teria for Evaluating Malignant Neoplastic EC–3424. A communication from the Dep- Member of the Board of Directors of the Diseases’’ (RIN0960–AG57) received in the Of- Legal Services Corporation for a term expir- uty Secretary of Defense, transmitting the fice of the President of the Senate on Octo- report of an officer authorized to wear the ing July 13, 2011. ber 16, 2009; to the Committee on Finance. * Martha L. Minow, of Illinois, to be a insignia of the grade of rear admiral in ac- EC–3434. A communication from the Office Member of the Board of Directors of the cordance with title 10, United States Code, Manager, Centers for Medicare and Medicaid Legal Services Corporation for a term expir- section 777; to the Committee on Armed Services, Department of Health and Human ing July 13 , 2011. Services. Services, transmitting, pursuant to law, the * Julie A. Reiskin, of Colorado, to be a EC–3425. A communication from the Sec- report of a rule entitled ‘‘Medicare Program; Member of the Board of Directors of the retary of Defense, transmitting a report on Medicare Part B Monthly Actuarial Rates, Legal Services Corporation for a term expir- the approved retirement of Lieutenant Gen- Premium Rate, and Annual Deductible Be- ing July 13, 2010. eral Robert Wilson, United States Army, and ginning January 1, 2010’’ (RIN0938–AP48) re- * Gloria Valencia-Weber, of New Mexico, to his advancement to the grade of lieutenant ceived in the Office of the President of the be a Member of the Board of Directors of the general on the retired list; to the Committee Senate on October 19, 2009; to the Committee Legal Services Corporation for a term expir- on Armed Services. on Finance. ing July 13, 2011. EC–3426. A communication from the Sec- EC–3435. A communication from the Office retary of Defense, transmitting a report on Manager, Centers for Medicare and Medicaid * Nomination was reported with rec- the approved retirement of Lieutenant Gen- Services, Department of Health and Human ommendation that it be confirmed sub- eral Ronald S. Coleman, United States Ma- Services, transmitting, pursuant to law, the ject to the nominee’s commitment to

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.022 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10635 respond to requests to appear and tes- By Mr. KERRY: the United States reflects appropriate under- tify before any duly constituted com- S. 1831. A bill to amend the Small Business standing and sensitivity concerning issues mittee of the Senate. Investment Act of 1958 to reauthorize the related to human rights, ethnic cleansing, venture capital program, and for other pur- and genocide documented in the United f poses; to the Committee on Small Business States record relating to the Armenian INTRODUCTION OF BILLS AND and Entrepreneurship. Genocide, and for other purposes; to the JOINT RESOLUTIONS By Ms. LANDRIEU (for herself, Mr. Committee on Foreign Relations. KERRY, Mrs. SHAHEEN, Mr. CASEY, By Ms. KLOBUCHAR (for herself, Mr. The following bills and joint resolu- Mr. CARDIN, and Mr. HARKIN): LEAHY, Mr. KOHL, Mr. FEINGOLD, Mrs. tions were introduced, read the first S. 1832. A bill to increase loan limits for GILLIBRAND, Mr. CRAPO, Ms. COLLINS, and second times by unanimous con- small business concerns, provide for low in- Mr. SPECTER, Ms. LANDRIEU, Ms. sent, and referred as indicated: terest refinancing for small business con- STABENOW, Mr. KAUFMAN, Mr. DUR- cerns, and for other purposes; to the Com- BIN, Mr. BROWN, and Mr. BURRIS): By Mrs. HAGAN: S. 1819. A bill to require the Secretary of mittee on Small Business and Entrepreneur- S. Res. 317. A resolution supporting the the Treasury to mint coins in commemora- ship. goals and ideals of National Domestic Vio- tion of the opening of the International Civil By Mr. UDALL of Colorado: lence Awareness Month and expressing the Rights Center and Museum; to the Com- S. 1833. A bill to amend the Credit Card Ac- sense of the Senate that Congress should mittee on Banking, Housing, and Urban Af- countability Responsibility and Disclosure continue to raise awareness of domestic vio- fairs . Act of 2009 to establish an earlier effective lence in the United States and its dev- By Mr. DURBIN: date for various consumer protections, and astating effects on families and commu- S. 1820. A bill to amend the Federal Water for other purposes; to the Committee on nities, and support programs designed to end Pollution Control Act to establish national Banking, Housing, and Urban Affairs. domestic violence; to the Committee on the standards for discharges from cruise vessels; By Mr. AKAKA (for himself, Ms. COL- Judiciary. to the Committee on Commerce, Science, LINS, Mr. LEVIN, Mr. LAUTENBERG, By Mr. DODD (for himself, Mr. ENSIGN, and Transportation. and Mr. MENENDEZ): Mr. AKAKA, Mr. BAUCUS, Mr. BEGICH, S. 1834. A bill to amend the Animal Welfare Mrs. BOXER, Mr. CARPER, Mr. CASEY, By Mr. KOHL (for himself, Ms. MIKUL- Act to ensure that all dogs and cats used by Mrs. GILLIBRAND, Mr. INOUYE, Mr. SKI, Mr. LEMIEUX, and Mr. LEAHY): S. 1821. A bill to protect seniors in the research facilities are obtained legally; to LAUTENBERG, Mr. LEVIN, Mrs. LIN- United States from elder abuse by estab- the Committee on Agriculture, Nutrition, COLN, Mrs. MURRAY, Mr. NELSON of lishing specialized elder abuse prosecution and Forestry. Nebraska, Mr. SANDERS, Ms. STABENOW, Mr. WHITEHOUSE, and Mr. and research programs and activities to aid f victims of elder abuse, to provide training to SPECTER): prosecutors and other law enforcement re- SUBMISSION OF CONCURRENT AND S. Res. 318. A resolution supporting lated to elder abuse prevention and protec- SENATE RESOLUTIONS ‘‘Lights On Afterschool’’, a national celebra- tion, to establish programs that provide for tion of afterschool programs; considered and The following concurrent resolutions agreed to. emergency crisis response teams to combat and Senate resolutions were read, and elder abuse, and for other purposes; to the By Mr. JOHANNS (for himself, Mrs. Committee on the Judiciary. referred (or acted upon), as indicated: LINCOLN, Mr. CHAMBLISS, Mr. LUGAR, By Mr. MERKLEY (for himself and By Mr. ENZI (for himself, Mr. Mr. ROBERTS, Ms. STABENOW, Mr. ISAKSON, Mr. NELSON of Nebraska, Mrs. BOXER): BARRASSO, Mr. REID, Mr. MCCONNELL, S. 1822. A bill to amend the Emergency Mr. AKAKA, Mr. ALEXANDER, Mr. BAU- Mrs. MURRAY, Mr. KOHL, Mr. BAUCUS, Economic Stabilization Act of 2008, with re- CUS, Mr. BAYH, Mr. BEGICH, Mr. BEN- Mr. PRYOR, Ms. KLOBUCHAR, Mr. spect to considerations of the Secretary of NET, Mr. BENNETT, Mr. BINGAMAN, Mr. FEINGOLD, Mr. BARRASSO, Mr. LEAHY, the Treasury in providing assistance under BOND, Mrs. BOXER, Mr. BROWN, Mr. Ms. COLLINS, Mr. GRASSLEY, Mr. that Act, and for other purposes; to the Com- BROWNBACK, Mr. BUNNING, Mr. BURR, CRAPO, Mr. BENNET, and Mrs. mittee on Banking, Housing, and Urban Af- Mr. BURRIS, Mr. BYRD, Ms. CANT- SHAHEEN): fairs. WELL, Mr. CARDIN, Mr. CARPER, Mr. S. Res. 319. A resolution commemorating By Mr. BAUCUS: CASEY, Mr. CHAMBLISS, Mr. COBURN, 40 years of membership by women in the Na- S. 1823. A bill to renew the temporary sus- Mr. COCHRAN, Ms. COLLINS, Mr. tional FFA Organization and celebrating the pension of duty on certain footwear; to the CONRAD, Mr. CORKER, Mr. CORNYN, achievements and contributions of female Committee on Finance. Mr. CRAPO, Mr. DEMINT, Mr. DODD, members of the National FFA Organization; By Mr. BAUCUS: Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, considered and agreed to. S. 1824. A bill to extend the temporary sus- Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. f FRANKEN, Mrs. GILLIBRAND, Mr. pension of duty on lug bottom boots for use ADDITIONAL COSPONSORS in fishing waders; to the Committee on Fi- GRAHAM, Mr. GRASSLEY, Mr. GREGG, nance. Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, S. 252 By Mr. LIEBERMAN (for himself and Mrs. HUTCHISON, Mr. INHOFE, Mr. At the request of Mr. AKAKA, the Ms. COLLINS): INOUYE, Mr. ISAKSON, Mr. JOHANNS, name of the Senator from New Jersey S. 1825. A bill to extend the authority for Mr. JOHNSON, Mr. KAUFMAN, Mr. (Mr. MENENDEZ) was added as a cospon- relocation expenses test programs for Fed- KERRY, Mr. KIRK, Ms. KLOBUCHAR, eral employees, and for other purposes; to Mr. KOHL, Mr. KYL, Ms. LANDRIEU, sor of S. 252, a bill to amend title 38, the Committee on Homeland Security and Mr. LAUTENBERG, Mr. LEAHY, Mr. United States Code, to enhance the ca- Governmental Affairs. LEMIEUX, Mr. LEVIN, Mr. LIEBERMAN, pacity of the Department of Veterans By Mr. BAUCUS: Mrs. LINCOLN, Mr. LUGAR, Mr. Affairs to recruit and retain nurses and S. 1826. A bill to suspend temporarily the MCCAIN, Mrs. MCCASKILL, Mr. other critical health-care profes- duty on certain glass snow globes; to the MENENDEZ, Mr. MERKLEY, Ms. MIKUL- sionals, to improve the provision of Committee on Finance. SKI, Ms. MURKOWSKI, Mrs. MURRAY, health care veterans, and for other pur- By Mr. BAUCUS: Mr. NELSON of Nebraska, Mr. NELSON poses. S. 1827. A bill to suspend temporarily the of Florida, Mr. PRYOR, Mr. REED, Mr. duty on certain glass polyresin magnets; to RISCH, Mr. ROBERTS, Mr. ROCKE- S. 306 the Committee on Finance. FELLER, Mr. SANDERS, Mr. SCHUMER, At the request of Mr. NELSON of Ne- By Mr. BAUCUS: Mr. SESSIONS, Mrs. SHAHEEN, Mr. braska, the name of the Senator from S. 1828. A bill to suspend temporarily the SHELBY, Ms. SNOWE, Mr. SPECTER, Louisiana (Mr. VITTER) was added as a duty on certain metal key chains with acryl- Ms. STABENOW, Mr. TESTER, Mr. cosponsor of S. 306, a bill to promote ic mini-globes; to the Committee on Fi- THUNE, Mr. UDALL of Colorado, Mr. biogas production, and for other pur- nance. UDALL of New Mexico, Mr. VITTER, By Mr. BAUCUS: Mr. VOINOVICH, Mr. WARNER, Mr. poses. S. 1829. A bill to suspend temporarily the WEBB, Mr. WHITEHOUSE, Mr. WICKER, S. 584 duty on certain acrylic snow globes; to the and Mr. WYDEN): At the request of Mr. HARKIN, the Committee on Finance. S. Res. 315. A resolution relative to the name of the Senator from Minnesota By Ms. COLLINS (for herself, Mr. death of Clifford Peter Hansen, former (Ms. KLOBUCHAR) was added as a co- LIEBERMAN, and Mr. CARPER): United States Senator for the State of Wyo- sponsor of S. 584, a bill to ensure that S. 1830. A bill to establish the Chief Con- ming; considered and agreed to. servation Officers Council to improve the en- By Mr. MENENDEZ (for himself and all users of the transportation system, ergy efficiencies of Federal agencies, and for Mr. ENSIGN): including pedestrians, bicyclists, tran- other purposes; to the Committee on Home- S. Res. 316. A resolution calling upon the sit users, children, older individuals, land Security and Governmental Affairs. President to ensure that the foreign policy of and individuals with disabilities, are

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.024 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10636 CONGRESSIONAL RECORD — SENATE October 21, 2009 able to travel safely and conveniently of the Social Security Act to authorize S. 1442 on and across federally funded streets physical therapists to evaluate and At the request of Mr. BINGAMAN, the and highways. treat Medicare beneficiaries without a name of the Senator from Vermont S. 621 requirement for a physician referral, (Mr. SANDERS) was added as a cospon- At the request of Mr. DURBIN, the and for other purposes. sor of S. 1442, a bill to amend the Pub- name of the Senator from Ohio (Mr. S. 952 lic Lands Corps Act of 1993 to expand BROWN) was added as a cosponsor of S. At the request of Ms. SNOWE, the the authorization of the Secretaries of 621, a bill to amend the Public Health name of the Senator from Wisconsin Agriculture, Commerce, and the Inte- Service Act to coordinate Federal con- (Mr. FEINGOLD) was added as a cospon- rior to provide service—learning oppor- genital heart disease research efforts sor of S. 952, a bill to develop and pro- tunities on public lands, establish a and to improve public education and mote a comprehensive plan for a na- grant program for Indian Youth Serv- awareness of congenital heart disease, tional strategy to address harmful ice Corps, help restore the Nation’s and for other purposes. algal blooms and hypoxia through natural, cultural, historic, archae- ological, recreational, and scenic re- S. 799 baseline research, forecasting and mon- sources, train a new generation of pub- At the request of Mr. DURBIN, the itoring, and mitigation and control while helping communities detect, con- lic land managers and enthusiasts, and name of the Senator from Colorado promote the value of public service. (Mr. BENNET) was added as a cosponsor trol, and mitigate coastal and Great S. 1518 of S. 799, a bill to designate as wilder- Lakes harmful algal blooms and hy- poxia events. At the request of Mr. BURR, the name ness certain Federal portions of the red of the Senator from South Carolina rock canyons of the Colorado Plateau S. 964 (Mr. GRAHAM) was added as a cosponsor and the Great Basin Deserts in the At the request of Mr. FEINGOLD, the name of the Senator from Illinois (Mr. of S. 1518, a bill to amend title 38, State of Utah for the benefit of present United States Code, to furnish hospital and future generations of people in the BURRIS) was added as a cosponsor of S. 964, a bill to authorize the President to care, medical services, and nursing United States. home care to veterans who were sta- S. 812 posthumously award a gold medal on behalf of Congress to Robert M. tioned at Camp Lejeune, North Caro- At the request of Mr. BAUCUS, the LaFollette, Sr., in recognition of his lina, while the water was contaminated name of the Senator from Kansas (Mr. at Camp Lejeune. important contributions to the Pro- ROBERTS) was added as a cosponsor of S. 1559 S. 812, a bill to amend the Internal gressive movement, the State of Wis- consin, and the United States. At the request of Mr. KERRY, the Revenue Code of 1986 to make perma- names of the Senator from Maryland S. 987 nent the special rule for contributions (Mr. CARDIN), the Senator from New At the request of Mr. DURBIN, the of qualified conservation contribu- Hampshire (Mrs. SHAHEEN) and the name of the Senator from Pennsyl- tions. Senator from Delaware (Mr. KAUFMAN) vania (Mr. CASEY) was added as a co- S. 827 were added as cosponsors of S. 1559, a sponsor of S. 987, a bill to protect girls At the request of Mr. ROCKEFELLER, bill to consolidate democracy and secu- in developing countries through the the name of the Senator from Wyoming rity in the Western Balkans by sup- prevention of child marriage, and for (Mr. ENZI) was added as a cosponsor of porting the Governments and people of other purposes. S. 827, a bill to establish a program to Bosnia and Herzegovina and Monte- S. 1055 reunite bondholders with matured negro in reaching their goal of even- At the request of Mrs. BOXER, the unredeemed United States savings tual NATO membership, and to wel- name of the Senator from Georgia (Mr. bonds. come further NATO partnership with ISAKSON) was added as a cosponsor of S. S. 831 the Republic of Serbia, and for other 1055, a bill to grant the congressional purposes. At the request of Mr. KERRY, the gold medal, collectively, to the 100th name of the Senator from Indiana (Mr. S. 1723 Infantry Battalion and the 442nd Regi- At the request of Mr. CORKER, the BAYH) was added as a cosponsor of S. mental Combat Team, United States 831, a bill to amend title 10, United name of the Senator from Tennessee Army, in recognition of their dedicated (Mr. ALEXANDER) was added as a co- States Code, to include service after service during World War II. September 11, 2001, as service quali- sponsor of S. 1723, a bill to authorize S. 1156 fying for the determination of a re- the Secretary of the Treasury to dele- At the request of Mr. HARKIN, the gate management authority over trou- duced eligibility age for receipt of non- name of the Senator from Minnesota regular service retired pay. bled assets purchased under the Trou- (Ms. KLOBUCHAR) was added as a co- bled Asset Relief Program, to require S. 886 sponsor of S. 1156, a bill to amend the the establishment of a trust to manage At the request of Mr. NELSON of Flor- Safe, Accountable, Flexible, Efficient assets of certain designated TARP re- ida, the name of the Senator from Cali- Transportation Equity Act: A Legacy cipients, and for other purposes. fornia (Mrs. BOXER) was added as a co- for Users to reauthorize and improve S. 1728 sponsor of S. 886, a bill to establish a the safe routes to school program. At the request of Mrs. MCCASKILL, program to provide guarantees for debt S. 1301 the name of the Senator from Iowa issued by State catastrophe insurance At the request of Mr. MENENDEZ, the (Mr. GRASSLEY) was added as a cospon- programs to assist in the financial re- name of the Senator from Nevada (Mr. sor of S. 1728, a bill to amend the Inter- covery from natural catastrophes. ENSIGN) was added as a cosponsor of S. nal Revenue Code of 1986 to modify the S. 945 1301, a bill to direct the Attorney Gen- first—time homebuyer credit in the At the request of Mr. FEINGOLD, the eral to make an annual grant to the A case of members of the Armed Forces name of the Senator from Illinois (Mr. Child Is Missing Alert and Recovery and certain other Federal employees, BURRIS) was added as a cosponsor of S. Center to assist law enforcement agen- and for other purposes. 945, a bill to require the Secretary of cies in the rapid recovery of missing S. 1731 the Treasury to mint coins in com- children, and for other purposes. At the request of Mr. LEAHY, his memoration of Robert M. La Follette, S. 1413 name was added as a cosponsor of S. Sr., in recognition of his important At the request of Mr. KERRY, the 1731, a bill to require certain mortga- contributions to the Progressive move- name of the Senator from Massachu- gees to make loan modifications, to es- ment, the State of Wisconsin, and the setts (Mr. KIRK) was added as a cospon- tablish a grant program for State and United States. sor of S. 1413, a bill to amend the local government mediation programs, S. 950 Adams National Historical Park Act of to create databases on foreclosures, At the request of Mrs. LINCOLN, the 1998 to include the Quincy Homestead and for other purposes. name of the Senator from North Caro- within the boundary of the Adams Na- S. 1743 lina (Mr. BURR) was added as a cospon- tional Historical Park, and for other At the request of Mr. LEAHY, his sor of S. 950, a bill to amend title XVIII purposes. name was added as a cosponsor of S.

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.027 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10637 1743, a bill to amend the Internal Rev- AMENDMENT NO. 2683 other pathogens and pollutants. In enue Code of 1986 to expand the reha- At the request of Mr. CHAMBLISS, the fact, fecal coliform levels in effluent bilitation credit, and for other pur- name of the Senator from Kansas (Mr. are typically 20 to 200 times greater poses. ROBERTS) was added as a cosponsor of than in untreated domestic waste- S. 1749 amendment No. 2683 intended to be pro- water. At the request of Mrs. FEINSTEIN, the posed to H.R. 2847, a bill making appro- Beyond three miles from shore there name of the Senator from Rhode Island priations for the Departments of Com- are no restrictions on sewage dis- (Mr. WHITEHOUSE) was added as a co- merce and Justice, and Science, and charge. Cruise ships can directly dump sponsor of S. 1749, a bill to amend title Related Agencies for the fiscal year raw sewage into U.S. waters. 18, United States Code, to prohibit the ending September 30, 2010, and for The situation with cruise ship possession or use of cell phones and other purposes. graywater also requires attention. similar wireless devices by Federal f While cruise ships must obtain permits prisoners. STATEMENTS ON INTRODUCED to discharge graywater within three S. 1772 BILLS AND JOINT RESOLUTIONS miles of the coast, there is still a pollu- At the request of Mr. BUNNING, the tion issue. Graywater from sinks, tubs, names of the Senator from Nebraska By Mr. DURBIN: and kitchens contains large amounts of S. 1820. A bill to amend the Federal (Mr. JOHANNS), the Senator from South pathogens and pollutants. Fecal coli- Water Pollution Control Act to estab- Carolina (Mr. DEMINT), the Senator form concentrations, for example, are lish national standards for discharges from New Hampshire (Mr. GREGG), the 10 to 1000 times greater than those in from cruise vessels; to the Committee Senator from Idaho (Mr. CRAPO), the untreated domestic wastewater. These on Commerce, Science, and Transpor- Senator from South Dakota (Mr. pollutants sicken our marine eco- tation. THUNE), the Senator from Louisiana systems, wash up onto our beaches, and Mr. DURBIN. Mr. President, today I (Mr. VITTER), the Senator from Mis- contaminate food and shellfish that am introducing the Clean Cruise Ship sissippi (Mr. WICKER), the Senator from end up on our dinner plates. Act of 2009. This bill would address a Nevada (Mr. ENSIGN), the Senator from Beyond 3 miles from shore there are serious and growing threat to U.S. wa- Oklahoma (Mr. COBURN), the Senator no restrictions on graywater discharge. ters by placing limits on the dumping from Idaho (Mr. RISCH), the Senator Cruise ships can directly dump of wastewater by cruise ships. Cruise from Oklahoma (Mr. INHOFE), the Sen- graywater into U.S. waters. ships generate millions of gallons of ator from Alabama (Mr. SESSIONS), the wastewater every day—much of it vile Following the lead of Alaska, the Senator from Ohio (Mr. VOINOVICH), the sewage. These ships can directly dump Clean Cruise Ship Act seeks to address Senator from Georgia (Mr. CHAMBLISS), their waste into the oceans with mini- these oversights. No discharges would the Senator from Texas (Mr. CORNYN), mal oversight. be allowed within twelve miles of the Senator from Kansas (Mr. This bill would require cruise ships shore. Beyond twelve miles, discharges BROWNBACK), the Senator from Wyo- to obtain permits through EPA’s Na- of sewage, graywater, and bilge water ming (Mr. BARRASSO), the Senator from tional Pollutant Discharge Elimination would be allowed, provided that they Wyoming (Mr. ENZI), the Senator from System in order to discharge sewage, meet national effluent limits con- North Carolina (Mr. BURR), the Senator graywater, and bilge water. It also sistent with the best available tech- from Tennessee (Mr. CORKER), the Sen- would require cruise ships to upgrade nology. That technology works and is ator from Arizona (Mr. KYL), the Sen- their wastewater treatment systems to commercially available now. The re- ator from Arizona (Mr. MCCAIN), the meet the standards of today’s best cent Environmental Protection Agency Senator from Tennessee (Mr. ALEX- available technology. This technology study found that these ‘‘advanced ANDER), the Senator from Kansas (Mr. significantly reduces the pollutants wastewater treatment’’ systems effec- ROBERTS), the Senator from Alaska that ships discharge and is already tively remove pathogens, suspended (Ms. MURKOWSKI) and the Senator from being used successfully on cruise ships solids, metals, and oil and grease. Georgia (Mr. ISAKSON) were added as in Alaska, thanks to that state’s for- Under this legislation, the release of cosponsors of S. 1772, a bill to require ward-thinking regulations. raw, untreated sewage would be that all legislative matters be avail- The problem is real. The number of banned. No dumping of sewage sludge able and fully scored by CBO 72 hours cruise ship passengers has been grow- and incinerator ash would be allowed before consideration by any sub- ing nearly twice as fast as any other in U.S. waters. All cruise ships calling committee or committee of the Senate mode of travel. In the U.S. alone the on U.S. ports would have to dispose of or on the floor of the Senate. numbers are approaching ten million hazardous waste in accordance with S.J. RES. 12 passengers a year, with some ships car- the Resource Conservation and Recov- At the request of Mr. DURBIN, the rying 3,000 or more passengers. These ery Act. The bill would establish in- name of the Senator from Wisconsin ships produce massive amounts of spection and enforcement mechanisms (Mr. FEINGOLD) was added as a cospon- waste: one ship can produce over 200,000 to ensure compliance. sor of S.J. Res. 12, a joint resolution gallons of sewage each week; a million The protection of U.S. waters is vital proclaiming Casimir Pulaski to be an gallons of graywater from kitchens, to our Nation’s health and economy. honorary citizen of the United States laundry, and showers; and over 25,000 The oceans not only support the life of posthumously. gallons of oily bilge water that collects nearly 50 percent of all species on S. RES. 275 in ship bottoms. Earth, but they also provide 20 percent At the request of Mr. KERRY, the I have nothing against cruise vaca- of the animal protein and 5 percent of name of the Senator from Massachu- tions. They can be a wonderful way to the total protein in the human diet. setts (Mr. KIRK) was added as a cospon- visit beautiful places. What my bill Some cruise ship companies already sor of S. Res. 275, a resolution honoring proposes to do is change the way the are trying to improve their environ- the Minute Man National Historical cruise ships manage the removal of mental footprint. They also want to Park on the occasion of its 50th anni- waste. Here is the unpleasant reality. preserve the environment that attracts versary. Within three miles of shore, vessels can their passengers. But the efforts be- S. RES. 312 discharge human body wastes and tween cruise ship companies are not At the request of Mr. DODD, the other toilet waste provided that a ‘‘ma- uniform. A Federal standard would names of the Senator from Pennsyl- rine sanitation device’’ is installed. apply one set of requirements to all vania (Mr. CASEY) and the Senator The Environmental Protection Agency companies. from Oregon (Mr. MERKLEY) were added released a report in December of 2008, It is time to bring the cruise ship in- as cosponsors of S. Res. 312, a resolu- however, that concluded that these dustry into the 21st century. It is time tion expressing the sense of the Senate systems simply don’t work. These sew- to update the laws that protect our on empowering and strengthening the age treatment devices leave discharges oceans, and urge adoption of the best United States Agency for International that consistently exceed national efflu- available wastewater treatment tech- Development (USAID). ent standards for fecal coliform and nology at sea.

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.028 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10638 CONGRESSIONAL RECORD — SENATE October 21, 2009 Working together, we can support risk for recreational swimmers, surfers, and ‘‘(I) a vessel of the United States operated the industry while protecting the nat- other beachgoers; by the Federal Government; ural treasures that are our oceans. I (11) according to the Environmental Pro- ‘‘(II) a vessel owned and operated by the think the approach taken in the Clean tection Agency, ‘‘Sewage may host many government of a State; or pathogens of concern to human health, in- ‘‘(III) a vessel owned by a local govern- Cruise Ship Act will achieve that goal. cluding Salmonella, Shigella, Hepatitis A ment. I encourage my colleagues here in the and E, and gastro-intestinal viruses. Sewage ‘‘(D) DISCHARGE.—The term ‘discharge’ Senate to work with me to pass legisla- contamination in swimming areas and shell- means the release, escape, disposal, spilling, tion that will put a stop to the dump- fish beds poses potential risks to human leaking, pumping, emitting, or emptying of ing of hazardous pollutants along our health and the environment by increasing bilge water, graywater, hazardous waste, in- coasts. Together we can clean up this the rate of waterborne illnesses’’; cinerator ash, sewage, sewage sludge, trash, major source of pollution that is harm- (12) the nutrient pollution from human or garbage from a cruise vessel into the envi- sewage discharges from cruise ships can con- ronment, however caused, other than— ing our waters. tribute to the incidence of harmful algal Mr. President, I ask unanimous con- ‘‘(i) at an approved shoreside reception fa- blooms; cility, if applicable; and sent that the text of the bill be printed (13) algal blooms have been implicated in ‘‘(ii) in compliance with all applicable Fed- in the RECORD. the deaths of marine life, including the eral, State, and local laws (including regula- There being no objection, the text of deaths of more than 150 manatees off the tions). coast of Florida; the bill was ordered to be printed in ‘‘(E) EXCLUSIVE ECONOMIC ZONE.—The term (14) in a 2005 report requested by the Inter- the RECORD, as follows: ‘exclusive economic zone’ has the meaning national Council of Cruise Lines, the Science given the term in section 2101 of title 46, S. 1820 Panel of the Ocean Conservation and Tour- United States Code (as in effect on the day Be it enacted by the Senate and House of Rep- ism Alliance recommended that— before the date of enactment of Public Law resentatives of the United States of America in (A) ‘‘[a]ll blackwater should be treated’’; 109–304 (120 Stat. 1485)). Congress assembled, (B) treated blackwater should be ‘‘avoided ‘‘(F) FUND.—The term ‘Fund’ means the SECTION 1. SHORT TITLE. in ports, close to bathing beaches or water bodies with restricted circulation, flushing Cruise Vessel Pollution Control Fund estab- This Act may be cited as the ‘‘Clean Cruise lished by paragraph (11)(A)(i). Ship Act of 2009’’. or inflow’’; and (C) blackwater should not be discharged ‘‘(G) GARBAGE.—The term ‘garbage’ means SEC. 2. FINDINGS AND PURPOSES. within 4 nautical miles of shellfish beds, solid waste from food preparation, service (a) FINDINGS.—Congress finds that— coral reefs, or other sensitive habitats; and disposal activities, even if shredded, (1) cruise ships carry millions of passengers (15) that Science Panel further rec- ground, processed, or treated to comply with through North American waters each year, ommended that graywater be treated in the other requirements. showcase some of the most beautiful ocean same manner as blackwater and that sewage ‘‘(H) GRAYWATER.— and coastal environments in the United sludge be off-loaded to approved land-based ‘‘(i) IN GENERAL.—The term ‘graywater’ States, and provide opportunities for pas- facilities; means galley water, dishwasher, and bath, sengers to relax and enjoy oceans and marine (16) in a summary of recommendations for shower, and washbasin water. ecosystems; addressing unabated point sources of pollu- ‘‘(ii) INCLUSIONS.—The term ‘graywater’ in- (2) the number of cruise passengers con- tion, the Pew Oceans Commission states cludes, to the extent not already covered tinues to grow, making the cruise industry that, ‘‘Congress should enact legislation that under provisions of law relating to hazardous one of the fastest growing tourism sectors in regulates wastewater discharges from cruise waste— the world; ships under the Clean Water Act by estab- ‘‘(I) spa, pool, and laundry wastewater; (3) in 2007, more than 10,000,000 passengers lishing uniform minimum standards for dis- ‘‘(II) wastes from soot tanker or econo- departed from North America on thousands charges in all State waters and prohibiting mizer cleaning; of cruise ships; discharges within the U.S. Exclusive Eco- ‘‘(III) wastes from photo processing; (4) during the 2 decades preceding the date nomic Zone that do not meet effluent stand- ‘‘(IV) wastes from vessel interior surface of enactment of this Act, the average cruise ards.’’; and cleaning; and ship size has increased at a rate of approxi- (17) a comprehensive statutory regime for ‘‘(V) miscellaneous equipment and process mately 90 feet every 5 years; managing pollution discharges from cruise wastewater. (5) an average-sized cruise vessel generates vessels, applicable throughout the United ‘‘(I) HAZARDOUS WASTE.—The term ‘haz- millions of gallons of liquid waste and many States, is needed— ardous waste’ has the meaning given the tons of solid waste; (A) to protect coastal and ocean areas from term in section 6903 of the Solid Waste Dis- (6) in just 1 week, a 3000-passenger cruise pollution generated by cruise vessels; posal Act (42 U.S.C. 6903). ship generates approximately 210,000 gallons (B) to reduce and better regulate dis- ‘‘(J) INCINERATOR ASH.—The term ‘inciner- of human sewage, 1,000,000 gallons of water charges from cruise vessels; and ator ash’ means ash generated during the in- from showers and sinks and dishwashing (C) to improve monitoring, reporting, and cineration of solid waste or sewage sludge. water (commonly known as ‘‘graywater’’), enforcement of standards regarding dis- ‘‘(K) NEW VESSEL.—The term ‘new vessel’ 37,000 gallons of oily bilge water, more than charges. means a vessel, the construction of which is 8 tons of solid waste, and toxic wastes from (b) PURPOSE.—The purpose of this Act is to initiated after promulgation of standards dry cleaning and photo-processing labora- amend the Federal Water Pollution Control and regulations under this subsection. tories; Act (33 U.S.C. 1251 et seq.) to establish na- ‘‘(L) NO-DISCHARGE ZONE.— (7) in an Environmental Protection Agency tional standards and prohibitions for dis- ‘‘(i) IN GENERAL.—The term ‘no-discharge survey of 29 ships traveling in Alaskan wa- charges from cruise vessels. zone’ means an area of ecological impor- ters, reported sewage generation rates SEC. 3. CRUISE VESSEL DISCHARGES. tance, whether designated by Federal, State, ranged from 1,000 to 74,000 gallons per day Section 402 of the Federal Water Pollution or local authorities. per vessel, with the average volume of sew- Control Act (33 U.S.C. 1342) is amended by ‘‘(ii) INCLUSIONS.—The term ‘no-discharge age generated being 21,000 gallons per day adding at the end the following: zone’ includes— per vessel; ‘‘(s) CRUISE VESSEL DISCHARGES.— ‘‘(I) a marine sanctuary; (8) those frequently untreated cruise ship ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(II) a marine protected area; discharges deliver nutrients, hazardous sub- ‘‘(A) BILGE WATER.— ‘‘(III) a marine reserve; and stances, pharmaceuticals, and human patho- ‘‘(i) IN GENERAL.—The term ‘bilge water’ ‘‘(IV) a marine national monument. gens, including viruses and bacteria, directly means wastewater. ‘‘(M) PASSENGER.—The term ‘passenger’ into the marine environment; ‘‘(ii) INCLUSIONS.—The term ‘bilge water’ means any person (including a paying pas- (9) in the final report of the United States includes lubrication oils, transmission oils, senger and any staff member, such as a crew Commission on Ocean Policy, that Commis- oil sludge or slops, fuel or oil sludge, used member, captain, or officer) traveling on sion found that cruise ship discharges, if not oil, used fuel or fuel filters, and oily waste. board a cruise vessel. treated and disposed of properly, and the cu- ‘‘(B) COMMANDANT.—The term ‘Com- ‘‘(N) SEWAGE.—The term ‘sewage’ means— mulative impacts caused when cruise ships mandant’ means the Commandant of the ‘‘(i) human and animal body wastes; and repeatedly visit the same environmentally Coast Guard. ‘‘(ii) wastes from toilets and other recep- sensitive areas, ‘‘can be a significant source ‘‘(C) CRUISE VESSEL.— tacles intended to receive or retain human of pathogens and nutrients with the poten- ‘‘(i) IN GENERAL.—The term ‘cruise vessel’ and animal body wastes. tial to threaten human health and damage means a passenger vessel that— ‘‘(O) SEWAGE SLUDGE.— shellfish beds, coral reefs, and other aquatic ‘‘(I) is authorized to carry at least 250 pas- ‘‘(i) IN GENERAL.—The term ‘sewage sludge’ life’’; sengers; and means any solid, semi-solid, or liquid residue (10) pollution from cruise ships not only ‘‘(II) has onboard sleeping facilities for removed during the treatment of on-board has the potential to threaten marine life and each passenger. sewage. human health through consumption of con- ‘‘(ii) EXCLUSIONS.—The term ‘cruise vessel’ ‘‘(ii) INCLUSIONS.—The term ‘sewage sludge’ taminated seafood, but also poses a health does not include— includes—

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‘‘(I) solids removed during primary, sec- ‘‘(bb) the reason for authorizing each such ‘‘(i) IN GENERAL.—The Administrator shall ondary, or advanced wastewater treatment; discharge; require sampling, monitoring, and reporting ‘‘(II) scum; ‘‘(cc) the location of the vessel during the to ensure compliance with— ‘‘(III) septage; course of each such discharge; and ‘‘(I) the effluent limitations promulgated ‘‘(IV) portable toilet pumpings; ‘‘(dd) such other supporting information under subparagraph (A); ‘‘(V) type III marine sanitation device and data as are requested by the Com- ‘‘(II) all other applicable provisions of this pumpings (as defined in part 159 of title 33, mandant or the Administrator. Act; Code of Federal Regulations (or a successor ‘‘(III) DISCLOSURE OF REPORTS.—Upon re- ‘‘(III) any regulations promulgated under regulation)); and ceiving a report under subclause (II), the Ad- this Act; ‘‘(VI) sewage sludge products. ministrator shall make the report available ‘‘(IV) other applicable Federal laws (in- ‘‘(iii) EXCLUSIONS.—The term ‘sewage to the public. cluding regulations); and sludge’ does not include— ‘‘(3) EFFLUENT LIMITS.— ‘‘(V) all applicable international treaty re- ‘‘(I) grit or screenings; or ‘‘(A) EFFLUENT LIMITS FOR DISCHARGES OF quirements. ‘‘(II) ash generated during the incineration SEWAGE, GRAYWATER, AND BILGE WATER.— ‘‘(ii) RESPONSIBILITIES OF PERSONS IN of sewage sludge. ‘‘(i) IN GENERAL.—Not later than 1 year CHARGE OF CRUISE VESSELS.—The owner, op- ‘‘(P) TRASH.—The term ‘trash’ means solid after the date of enactment of this sub- erator, master, or other person in charge of waste from vessel operations and passenger section, the Administrator shall promulgate a cruise vessel, shall at a minimum— services, even if shredded, ground, processed, effluent limits for sewage, graywater, and ‘‘(I) conduct sampling or testing at the or treated to comply with other regulations. bilge water discharges from cruise vessels. point of discharge on a monthly basis, or ‘‘(2) PROHIBITIONS.— ‘‘(ii) REQUIREMENTS.—The effluent limits more frequently, as determined by the Ad- ‘‘(A) PROHIBITION ON DISCHARGE OF SEWAGE shall— ministrator; SLUDGE, INCINERATOR ASH, AND HAZARDOUS ‘‘(I) be consistent with the capability of ‘‘(II) provide real-time data to the Admin- WASTE.— the best available technology to treat efflu- istrator, using telemetric or other similar ‘‘(i) IN GENERAL.—Except as provided by ent; technology, for reporting relating to— subparagraph (C), no cruise vessel departing ‘‘(II) take into account the best available ‘‘(aa) discharges of sewage, graywater, and from, or calling on, a port of the United scientific information on the environmental bilge water from cruise vessels; States may discharge sewage sludge, inciner- effects of sewage, graywater, and bilge water ‘‘(bb) pollutants emitted in sewage, ator ash, or hazardous waste into navigable discharges, including conventional, graywater, and bilge water from cruise ves- waters, including the contiguous zone and nontoxic, and toxic pollutants and petro- sels; and the exclusive economic zone. leum; ‘‘(cc) functioning of cruise vessel compo- ‘‘(ii) OFF-LOADING.—Sewage sludge, incin- ‘‘(III) take into account marine life and nents relating to fuel consumption and con- erator ash, and hazardous waste described in ecosystems, including coral reefs, shell fish trol of air and water pollution; clause (i) shall be off-loaded at an appro- beds, endangered species, marine mammals, ‘‘(III) ensure, to the maximum extent prac- priate land-based facility. seabirds, and marine ecosystems; ticable, that technologies providing real- ‘‘(B) PROHIBITION ON DISCHARGE OF SEWAGE, ‘‘(IV) take into account conditions that time data have the ability to record— GRAYWATER, AND BILGE WATER.— will affect marine life, ecosystems, and ‘‘(aa) the location and time of discharges ‘‘(i) IN GENERAL.—Except as provided by human health, including seamounts, conti- from cruise vessels; subparagraph (C), no cruise vessel departing nental shelves, oceanic fronts, warm core ‘‘(bb) the source, content, and volume of from or calling on, a port of the United and cold core rings, and ocean currents; and the discharges; and States may discharge sewage, graywater, or ‘‘(V) require compliance with all relevant ‘‘(cc) the operational state of components bilge water into navigable waters, including Federal and State water quality standards. relating to pollution control technology at the contiguous zone and the exclusive eco- the time of the discharges, including wheth- ‘‘(iii) MINIMUM LIMITS.—The effluent limits nomic zone, unless— er the components are operating correctly; promulgated under clause (i) shall require, at ‘‘(I) the sewage, graywater, or bilge water ‘‘(IV) establish chains of custody, analysis a minimum, that treated sewage, treated is treated to meet all applicable effluent lim- protocols, and other specific information graywater, and treated bilge water effluent its established under this section and is in necessary to ensure that the sampling, test- discharges from cruise vessels, measured at accordance with all other applicable laws; ing, and records of that sampling and testing the point of discharge, shall, not later than ‘‘(II) the cruise vessel is underway and pro- are reliable; and the date described in subparagraph (C)— ceeding at a speed of not less than 6 knots; ‘‘(V) maintain, and provide on a monthly ‘‘(I) satisfy the minimum level of effluent ‘‘(III) the cruise vessel is more than 12 nau- basis to the Administrator, electronic copies quality specified in section 133.102 of title 40, tical miles from shore; and of required sampling and testing data. Code of Federal Regulations (or a successor ‘‘(IV) the cruise vessel complies with all ‘‘(iii) REPORTING REQUIREMENTS.—The Ad- applicable standards established under this regulation); and ministrator shall require the compilation Act. ‘‘(II) with respect to the samples from the and production, and not later than 1 year discharge during any 30-day period— ‘‘(ii) NO-DISCHARGE ZONES.—Notwith- after the date of enactment of this sub- standing any other provision of this para- ‘‘(aa) have a geometric mean that does not section and biennially thereafter, the provi- graph, no cruise vessel departing from, or exceed 20 fecal coliform per 100 milliliters; sion to the Administrator and the Com- calling on, a port of the United States may ‘‘(bb) not exceed 40 fecal coliform per 100 mandant in electronic format, of documenta- discharge treated or untreated sewage, milliliters in more than 10 percent of the tion for each cruise vessel that includes, at a graywater, or bilge water into a no-discharge samples; and minimum— zone. ‘‘(cc) with respect to concentrations of ‘‘(I) a detailed description of onboard waste ‘‘(C) SAFETY EXCEPTION.— total residual chlorine, not exceed 10 milli- treatment mechanisms in use by the cruise ‘‘(i) SCOPE OF EXCEPTION.—Subparagraphs grams per liter. vessel, including the manufacturer of the (A) and (B) shall not apply in any case in ‘‘(B) REVIEW AND REVISION OF EFFLUENT waste treatment technology on board; which— LIMITS.—The Administrator shall— ‘‘(II) a detailed description of onboard ‘‘(I) a discharge is made solely for the pur- ‘‘(i) review the effluent limits promulgated sludge management practices of the cruise pose of securing the safety of the cruise ves- under subparagraph (A) at least once every 5 vessel; sel or saving human life at sea; and years; and ‘‘(III) copies of applicable hazardous mate- ‘‘(II) all reasonable precautions have been ‘‘(ii) revise the effluent limits to incor- rials forms; taken to prevent or minimize the discharge. porate technology available at the time of ‘‘(IV) a characterization of the nature, ‘‘(ii) NOTIFICATION.— the review in accordance with subparagraph type, and composition of discharges by the ‘‘(I) IN GENERAL.—If the owner, operator, (A)(Ii). cruise vessel; master, or other person in charge of a cruise ‘‘(C) COMPLIANCE DATE.—The Adminis- ‘‘(V) a determination of the volumes of vessel authorizes a discharge described in trator shall require compliance with the ef- those discharges, including average volumes; clause (i), the person shall notify the Admin- fluent limits promulgated pursuant to sub- and istrator and the Commandant of the decision paragraph (A)— ‘‘(VI) the locations, including the more to authorize the discharge as soon as prac- ‘‘(i) with respect to new vessels put into common locations, of those discharges. ticable, but not later than 24 hours, after au- water after the date of enactment of this ‘‘(iv) SHORESIDE DISPOSAL.—The Adminis- thorizing the discharge. subsection, as of the date that is 180 days trator shall require documentation of shore- ‘‘(II) REPORT.—Not later than 7 days after after the date of promulgation of the effluent side disposal at approved facilities for all the date on which a discharge described in limits; and wastes by, at a minimum— clause (i) occurs, the owner, operator, mas- ‘‘(ii) with respect to vessels in use as of ‘‘(I) establishing standardized forms for the ter, or other person in charge of a cruise ves- that date of enactment, as of the date that is receipt of those wastes; sel, shall submit to the Administrator and 1 year after the date of promulgation of the ‘‘(II) requiring those receipts to be sent the Commandant a report that describes— effluent limits. electronically to the Administrator and ‘‘(aa) the quantity and composition of each ‘‘(D) SAMPLING, MONITORING, AND REPORT- Commandant and maintained in an onboard discharge authorized under clause (i); ING.— record book; and

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10640 CONGRESSIONAL RECORD — SENATE October 21, 2009 ‘‘(III) requiring those receipts to be signed ‘‘(v) require that operating manuals be on ‘‘(aa) sounding boards, logs, and logbooks; and dated by the owner, operator, master, or the cruise vessel and accessible to all crew ‘‘(bb) daily and corporate maintenance and other person in charge of the discharging members; engineers’ logbooks; vessel and the authorized representative of ‘‘(vi) require the posting of the phone num- ‘‘(cc) fuel, sludge, slop, waste, and ballast the receiving facility. ber for a toll-free whistleblower hotline on tank capacity tables; ‘‘(v) REGULATIONS.—Not later than 18 all ships and at all ports using language like- ‘‘(dd) installation, maintenance, and oper- months after the date of enactment of this ly to be understood by international crews; ation records for oily water separators, in- subsection, the Administrator, in consulta- ‘‘(vii) require any owner, operator, master, cinerators, and boilers; tion with the Commandant, shall promulgate or other person in charge of a cruise vessel, ‘‘(ee) piping diagrams; regulations that, at a minimum, implement who has knowledge of a discharge from the ‘‘(ff) e-mail archives; the sampling, monitoring, and reporting pro- cruise vessel in violation of this subsection, ‘‘(gg) receipts for the transfer of materials, tocols required by this subparagraph. including regulations promulgated under including waste disposal; ‘‘(4) INSPECTION PROGRAM.— this subsection, to report immediately the ‘‘(hh) air emissions data; and ‘‘(A) IN GENERAL.—The Administrator shall discharge to the Administrator and the Com- ‘‘(ii) electronic and other records of rel- establish an inspection program to require mandant; evant information, including fuel consump- that— ‘‘(viii) require the owner, operator, master, tion, maintenance, and spares ordering for ‘‘(i) regular announced and unannounced or other person in charge of a cruise vessel all waste processing- and pollution-related inspections be conducted of any relevant as- to provide, not later than 1 year after the equipment; pect of cruise vessel operations, equipment, date of enactment of this subsection, to the ‘‘(ii) have the authority to interview and or discharges, including sampling and test- Administrator, Commandant, and on-board otherwise query any crew member with ing of cruise vessel discharges; observers (including designated representa- knowledge of cruise vessel operations; ‘‘(ii) each cruise vessel that calls on a port tives), a copy of cruise vessel plans, includ- ‘‘(iii) have access to all data and informa- of the United States be subject to an unan- ing— tion made available to government officials nounced inspection at least once per year; ‘‘(I) piping schematic diagrams; under this subsection; and ‘‘(II) construction drawings; and ‘‘(iv) immediately report any known or ‘‘(iii) inspections be carried out by the En- ‘‘(III) drawings or diagrams of storage sys- suspected violation of this subsection or any vironmental Protection Agency or the Coast tems, processing, treating, intake, or dis- other applicable Federal law or international Guard. charge systems, and any modifications of agreement to— ‘‘(B) COAST GUARD INSPECTIONS.—If the Ad- those systems (within the year during which ‘‘(I) the owner, operator, master, or other ministrator and the Commandant jointly the modifications are made); and person in charge of a cruise vessel; agree that some or all inspections are to be ‘‘(ix) inhibit illegal discharges by prohib- ‘‘(II) the Commandant; and carried out by the Coast Guard, the inspec- iting all means of altering piping, tankage, ‘‘(III) the Administrator; tions shall— pumps, valves, and processes to bypass or ‘‘(v) maintain inspection records to be sub- ‘‘(i) occur outside the Coast Guard matrix circumvent measures or equipment designed mitted to the Commandant and the Adminis- system for setting boarding priorities; to monitor, sample, or prevent discharges. trator on a semiannual basis; and ‘‘(ii) be consistent across Coast Guard dis- ‘‘(D) DISCLOSURE OF LOGBOOKS.—The log- ‘‘(vi) have authority to conduct the full tricts; and book described in subparagraph (C)(ii) shall range of duties of the observers within the ‘‘(iii) be conducted by specially-trained en- be submitted to the Administrator and the United States territorial seas, contiguous vironmental inspectors. Commandant. zone, and exclusive economic zone. ‘‘(C) REGULATIONS.—Not later than 18 ‘‘(5) CRUISE OBSERVER PROGRAM.— ‘‘(E) PROGRAM EVALUATION.—The cruise ob- months after the date of enactment of this ‘‘(A) IN GENERAL.—Not later than 18 server program established and carried out subsection, the Administrator, in consulta- months after the date of enactment of this by the Commandant under subparagraph (A) tion with the Commandant, shall promulgate subsection, the Commandant, in consulta- shall include— regulations that, at a minimum— tion with the Administrator, shall establish ‘‘(i) a method for collecting and reviewing ‘‘(i) designate responsibility for conducting and carry out a program for the hiring and data relating to the efficiency, sufficiency, inspections; placement of 1 or more trained, independent, and operation of the cruise observer pro- ‘‘(ii) require the owner, operator, master, observers on each cruise vessel. gram, including— or other person in charge of a cruise vessel ‘‘(B) PURPOSE.—The purpose of the cruise ‘‘(I) the ability to achieve program goals; to maintain and submit a logbook detailing observer program established under subpara- ‘‘(II) cruise vessel personnel cooperation; the times, types, volumes, flow rates, ori- graph (A) is to monitor and inspect cruise ‘‘(III) necessary equipment and analytical gins, and specific locations of, and expla- vessel operations, equipment, and discharges resources; and nations for, any discharges from the cruise to ensure compliance with— ‘‘(IV) the need for additional observer vessel not otherwise required by the Inter- ‘‘(i) this subsection (including regulations training; and national Convention for the Prevention of promulgated under this subsection); and ‘‘(ii) a process for adopting periodic revi- Pollution from Ships, 1973 (done at London ‘‘(ii) all other relevant Federal and State sions to the program based on the data col- on November 2, 1973; entered into force on laws and international agreements. lected under clause (i). October 2, 1983), as modified by the Protocol ‘‘(C) REGULATIONS.—Not later than 18 ‘‘(F) OBSERVER SUPPORT.—Not later than 18 of 1978 relating to the International Conven- months after the date of enactment of this months after the date of enactment of this tion for the Prevention of Pollution from subsection, the Commandant, in consulta- subsection, the Commandant, in consulta- Ships, 1973 (done at London, February 17, tion with the Administrator and the Attor- tion with the Administrator, shall imple- 1978); ney General, shall promulgate regulations ment a program to provide support to ob- ‘‘(iii) provide for routine announced and that, at a minimum— servers, including, at a minimum— unannounced inspections of— ‘‘(i) specify that the Coast Guard shall be ‘‘(i) training for observers to ensure the ‘‘(I) cruise vessel environmental compli- responsible for the hiring of observers; ability of the observers to carry out this ance records and procedures; and ‘‘(ii) specify the qualifications, experience, paragraph; ‘‘(II) the functionality, sufficiency, redun- and duties of the observers; ‘‘(ii) necessary equipment and analytical dancy, and proper operation and mainte- ‘‘(iii) specify methods and criteria for resources, such as laboratories, to carry out nance of installed equipment for abatement Coast Guard hiring of observers; the responsibilities established under this and control of any cruise vessel discharge ‘‘(iv) establish the means for ensuring con- subsection; and (including equipment intended to treat sew- stant observer coverage and allowing for ob- ‘‘(iii) support relating to the administra- age, graywater, or bilge water); server relief and rotation; and tion of the program and the response to any ‘‘(iv) ensure that— ‘‘(v) establish an appropriate rate of pay to recalcitrant cruise vessel personnel. ‘‘(I) all crew members are informed of, in ensure that observers are highly trained and ‘‘(G) REPORT.—Not later than 3 years after the native language of the crew members, retained by the Coast Guard. the date of establishment of the program and understand, the pollution control obliga- ‘‘(D) RESPONSIBILITIES.—Cruise observers under this paragraph, the Commandant, in tions under this subsection, including regu- participating in the program established consultation with the Administrator, shall lations promulgated under this subsection; under subparagraph (A) shall — submit to Congress a report describing— and ‘‘(i) observe and inspect— ‘‘(i) the results of the program in terms of ‘‘(II) applicable crew members are suffi- ‘‘(I) onboard liquid and solid handling and observer effectiveness, optimal coverage, en- ciently trained and competent to comply processing systems; vironmental benefits, and cruise ship co- with requirements under this subsection, in- ‘‘(II) onboard environmental treatment operation; cluding sufficient training and competence— systems; ‘‘(ii) recommendations for increased effec- ‘‘(aa) to effectively operate shipboard pol- ‘‘(III) use of shore-based treatment and tiveness, including increased training needs lution control systems; storage facilities; and increased equipment needs; and ‘‘(bb) to conduct all necessary sampling ‘‘(IV) discharges and discharge practices; ‘‘(iii) other recommendations for improve- and testing; and and ment of the program. ‘‘(cc) to monitor and comply with record- ‘‘(V) documents relating to environmental ‘‘(6) REWARDS.— ing requirements; compliance, including— ‘‘(A) PAYMENTS TO INDIVIDUALS.—

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10641 ‘‘(i) IN GENERAL.—The Administrator or a ‘‘(ii) AMOUNTS.—The Fund shall consist of 2000, I joined Senator BAYH in spon- court of competent jurisdiction, as the case such amounts as are deposited in the Fund soring the Protecting Seniors from may be, may order payment, from a civil under subparagraph (B)(vi). Fraud Act, which was signed into law penalty or criminal fine collected for a viola- ‘‘(iii) AVAILABILITY AND USE OF AMOUNTS IN nearly nine years ago today. A key pro- FUND.—Amounts in the Fund shall be— tion of this subsection, of an amount not to vision that I worked to incorporate exceed 1⁄2 of the amount of the civil penalty ‘‘(I) available to the Administrator and the or criminal fine, to any individual who fur- Commandant as provided in appropriations into that legislation required the At- nishes information that leads to the pay- Acts; and torney General to conduct a study of ment of the civil penalty or criminal fine. ‘‘(II) used by the Administrator and the crime against seniors and to include ‘‘(ii) MULTIPLE INDIVIDUALS.—If 2 or more Commandant only for purposes of carrying specific information about crimes that individuals provide information described in out this subsection. disproportionately affect seniors in the clause (i), the amount available for payment ‘‘(B) FEES ON CRUISE VESSELS.— National Crime Victimization Survey. ‘‘(i) IN GENERAL.—The Commandant and as a reward shall be divided equitably among the Administrator shall establish and collect The information collected as a result the individuals. from each cruise vessel a reasonable and ap- of those provisions has been valuable in ‘‘(iii) INELIGIBLE INDIVIDUALS.—No officer propriate fee for each paying passenger on a understanding the scope of crime per- or employee of the United States, a State, or cruise vessel voyage, for use in carrying out petrated against seniors and how best an Indian tribe who furnishes information or this subsection. renders service in the performance of the of- to combat it. In 2003, I sought further ‘‘(ii) ADJUSTMENT OF FEE.— ficial duties of the officer or employee shall protections by introducing the Seniors ‘‘(I) IN GENERAL.—The Commandant and Safety Act. That bill aimed to be eligible for a reward payment under this the Administrator shall biennially adjust the paragraph. amount of the fee established under clause strengthen enforcement of many of the ‘‘(B) PAYMENTS TO INDIAN TRIBES.—The Ad- (i) to reflect changes in the Consumer Price most prevalent crimes perpetrated ministrator or a court of competent jurisdic- Index for All Urban Consumers published by against seniors, including health care tion, as the case may be, may order pay- the Department of Labor during the most re- fraud, nursing home abuse, tele- ment, from a civil penalty or criminal fine cent 2-year period for which data are avail- marketing fraud, and pension fraud. collected for a violation of this subsection, able. The Elder Abuse Victims Act builds to an Indian tribe providing information or ‘‘(II) ROUNDING.—The Commandant and the on these earlier efforts and ensures investigative assistance that leads to pay- Administrator may round an adjustment that fighting the abuse and exploi- ment of the penalty or fine, of an amount under subclause (I) to the nearest 1/10 of a that reflects the level of information or in- dollar. tation of our seniors is a top law en- vestigative assistance provided. ‘‘(iii) FACTORS IN ESTABLISHING FEES.— forcement priority. Specifically, the ‘‘(C) PAYMENTS DIVIDED AMONG INDIAN ‘‘(I) IN GENERAL.—In establishing fees bill provides grants to train prosecu- TRIBES AND INDIVIDUALS.—In a case in which under clause (i), the Commandant and Ad- tors and establish elder justice units an Indian tribe and an individual under sub- ministrator may establish lower levels of within State and local courts and law paragraph (A) are eligible to receive a re- fees and the maximum amount of fees for enforcement offices. It also requires ward payment under this paragraph, the Ad- certain classes of cruise vessels based on— the U.S. Department of Justice to fur- ministrator or the court shall divide the ‘‘(aa) size; ther study state and local enforcement amount available for the reward equitably ‘‘(bb) economic share; and among those recipients. ‘‘(cc) such other factors as are determined of elder abuse laws and establish more ‘‘(7) LIABILITY IN REM.—A cruise vessel op- to be appropriate by the Commandant and uniform procedures to improve the erated in violation of this subsection or any the Administrator. identification and handling of elder regulation promulgated under this sub- ‘‘(iv) FEE SCHEDULES.—Any fee schedule es- justice matters. Additionally, the bill section— tablished under clause (i), including the level provides funding for elder abuse vic- ‘‘(A) shall be liable in rem for any civil of fees and the maximum amount of fees, tims advocacy groups to ensure that penalty or criminal fine imposed for the vio- shall take into account— vulnerable seniors have access to crit- lation; and ‘‘(I) cruise vessel routes; ical support services. ‘‘(II) the frequency of stops at ports of call ‘‘(B) may be subject to a proceeding insti- It is particularly important that we tuted in any United States district court of by cruise vessels; and competent jurisdiction. ‘‘(III) other applicable considerations. strengthen our ability to protect older ‘‘(8) PERMIT REQUIREMENT.—A cruise vessel ‘‘(v) COLLECTION OF FEES.—A fee estab- Americans because they are the most may operate in the waters of the United lished under clause (i) shall be collected by rapidly growing population group in States, or visit a port or place under the ju- the Administrator or the Commandant from our society, making them an ever more risdiction of the United States, only if the the owner or operator of each cruise vessel attractive target for criminals. The De- cruise vessel has been issued a permit under to which this subsection applies. partment of Health and Human Serv- this section. By Mr. KOHL (for himself, Ms. ices has predicted that the number of ‘‘(9) NONAPPLICABILITY OF CERTAIN PROVI- older Americans will grow from 13 per- MIKULSKI, Mr. LEMIEUX, and SIONS.—Paragraphs (6)(A) and (12)(B) of sec- cent of the U.S. population in 2000 to 20 tion 502 shall not apply to any cruise vessel. Mr. LEAHY): percent by 2030. In Vermont, seniors ‘‘(10) STATUTORY OR COMMON LAW RIGHTS S. 1821. A bill to protect seniors in NOT RESTRICTED.—Nothing in this sub- the United States from elder abuse by comprise about 12 percent of the popu- section— establishing specialized elder abuse lation, a number that is expected to in- ‘‘(A) restricts the rights of any person (or prosecution and research programs and crease to 20 percent by 2025. class of persons) to regulate or seek enforce- activities to aid victims of elder abuse, The growing number of older Ameri- ment or other relief (including relief against to provide training to prosecutors and cans demands that we have enough ad- the Administrator or Commandant) under other law enforcement related to elder vocacy programs and law enforcement any statute or common law; services in place to protect our seniors. ‘‘(B) affects the right of any person (or abuse prevention and protection, to es- tablish programs that provide for We all deserve to age with dignity, free class of persons) to regulate or seek enforce- of the threat of abuse or fraud. The ment or other relief with regard to vessels emergency crisis response teams to other than cruise vessels under any statute combat elder abuse, and for other pur- Elder Abuse Victims Act can help by or common law; or poses; to the Committee on the Judici- giving our justice system the tools it ‘‘(C) affects the right of any person (or ary. needs to prosecute offenders who prey class of persons) under any statute or com- Mr. LEAHY. Mr. President, today I on the elderly. I look forward to work- mon law, including this Act, to regulate or am proud to join Senators KOHL, MI- ing with Senators KOHL, MIKULSKI, seek enforcement or other relief with regard KULSKI, and LEMIEUX to introduce the LEMIEUX, and others to better protect to pollutants or emission streams from Elder Abuse Victims Act of 2009, a bill seniors from crime and abuse. cruise vessels that are not otherwise regu- to protect older Americans from abuse lated under this subsection. and exploitation. It is clear that we are By Mr. MERKLEY (for himself ‘‘(11) ESTABLISHMENT OF FUND; FEES.— not doing enough to combat crime and Mrs. BOXER): ‘‘(A) CRUISE VESSEL POLLUTION CONTROL S. 1822. A bill to amend the Emer- FUND.— against seniors, and the Elder Abuse gency Economic Stabilization Act of ‘‘(i) ESTABLISHMENT.—There is established Victims Act will give us important in the general fund of the Treasury a sepa- tools to better prevent and punish this 2008, with respect to considerations of rate account, to be known as the ‘Cruise Ves- deplorable behavior. the Secretary of the Treasury in pro- sel Pollution Control Fund’ (referred to in I have long fought to improve and viding assistance under that Act, and this paragraph as the ‘Fund’). protect the lives of older Americans. In for other purposes; to the Committee

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10642 CONGRESSIONAL RECORD — SENATE October 21, 2009 on Banking, Housing, and Urban Af- By Ms. COLLINS (for herself, Mr. creasing energy consumption, as well fairs. LIEBERMAN, and Mr. CARPER): as have greater incentives to under- Mr. MERKLEY. Mr. President, I join S. 1830. A bill to establish the Chief take initiatives to meet energy reduc- today with Senator BOXER of California of Conservation Officers Council to im- tion mandates. to introduce legislation that will help prove the energy efficiencies of Federal The Obama administration issued an create jobs by getting credit flowing to agencies, and for other purposes; to the Executive Order earlier this month, small businesses and consumers. Committee on Homeland Security and which makes strides in establishing a Small businesses employ half of the Governmental Affairs. more integrated strategy toward sus- Nation’s workforce and are key to cre- Ms. COLLINS. Mr. President I rise to tainability and energy efficiency. This Executive Order, however, does ating jobs. Sadly, they have been hit introduce a bill that would improve the not go far enough in providing agency hard by the credit crisis. Less than Federal Government’s efforts to be- officials with the authority and ac- one-third of small businesses report come more energy efficient and ensure countability necessary to enforce ap- that their credit needs are being met accountability within executive branch plicable efficiency mandates. The Exec- today, and 59 percent of them now rely agencies for meeting energy efficiency utive Order directs each agency head to on credit cards to finance their daily targets. The legislation would also designate an ‘‘Agency Senior Sustain- operations, up from 44 percent at the amend Federal contracting rules to en- courage energy efficiency across the ability Officer’’ from among the agen- end of last year. We urgently need to Federal, State, and local governments cy’s senior management officials. This speed credit to small businesses so that by making energy-saving technologies position is too similar to the agency they can create jobs and grow the econ- more widely available and at lower environmental executives created by omy. The best way to do so is through costs to taxpayers. I am pleased to be Executive Order in 2007, which did very the thousands of community banks lo- joined by Senators LIEBERMAN and little to improve agencies’ compliance cated across our Nation. CARPER on this important bill. with applicable laws. Community banks are essential to As the largest institutional user of Our legislation, however, would cre- small business lending. Our Nation’s energy in the world, the Federal Gov- ate a Chief Conservation Officer within 7,500 community banks of under $1 bil- ernment has ample opportunity to im- each agency. The officer would be lion in assets hold 11 percent of our Na- plement energy efficiency policies and drawn from career Senior Executives. tion’s assets, but they make 38 percent technologies. According to the U.S. De- These officers will help spur long-term of our Nation’s small business loans by partment of Energy’s Federal Energy leadership on this issue. asset. Due to the current economic re- Management Program, the Federal In contrast to the Executive Order, cession, these responsible, well-regu- Government consumes 1.6 percent of implementing energy efficiency and lated institutions have seen their cap- the Nation’s total energy—about $17.5 sustainability policies would also be ital bases shrunk and have been forced billion in annual energy costs. Elec- the primary responsibility of this indi- to reduce lending, which negatively tricity at Federal buildings accounts vidual. Dedicating a senior-level career impacts surrounding businesses and for almost half of this usage. official to energy efficiency policy communities. These institutions can Improving energy efficiency is not would improve the government’s focus help us turn our economy around if we only good for the environment; it can on implementation of existing laws and give them the capital they need to in- also produce savings for taxpayers. policies, enhance innovation, and help crease the flow of credit to small busi- Agencies that have been more aggres- identify future initiatives. nesses and entrepreneurs. sive in implementing energy savings The Chief Conservation Officer would The Bank on Our Communities Act initiatives and have fully complied also be responsible for incorporating will help get capital to community with existing laws and regulations environmental considerations into banks—on the condition that they re- have also enjoyed significant cost sav- agency procurement practices. This in- start lending. The bill empowers the ings. For example, two of the Depart- volvement will encourage efficiency Secretary of the Treasury to redeploy ment of Energy laboratories have de- improvements in the agency’s procure- up to $15 billion in TARP into a new veloped environmental management ment of goods and services. Community Credit Renewal Fund. systems, which have shown a total of To improve the availability of effi- Community banks of $5 billion in as- $16.6 million in cost savings and avoid- ciency technologies and help lower sets or less can qualify for investment ance within a 4-year period. Environ- their costs, the bill would make several improvements in government procure- by the Fund if they conduct an inter- mental management systems are a ment policies. nal stress test to determine the strategic approach to ensuring that an organization’s environmental priorities Specifically, the bill would allow amount of capital they need to remain state and local government to purchase well-capitalized during adverse eco- are integrated into operational, plan- ning, and management decisions. The ‘‘green’’ commodities and services off nomic conditions and restart small the General Services Administration business and consumer lending and systems these laboratories developed emphasized achieving full compliance, Schedule. This procurement authority raise at least 50 percent of that target would help State and local govern- recapitalization amount from private pollution prevention, and effective and focused communications and commu- ments reduce the administrative costs investors. Once in receipt of their new of negotiating their own contracts and capital, participating banks would be nity outreach. Over the last few decades, more than would increase competition and lower required to increase small business and a dozen laws, regulations, and Execu- costs. Federal agencies should also consumer lending by at least the tive Orders have been implemented to reap the benefits of this program as amount provided by the Fund and to encourage energy efficiency and reduce more goods and services become avail- increase small business lending in par- environmental impacts of government able at reduced costs. ticular by at least 5 percent over the operations. Unfortunately, agencies Participation in the program would lowest point in 2009. Additional incen- have been inconsistent and sporadic in be voluntary for State and local gov- tives are given to increase lending to meeting their environmental goals. ernments, as well as vendors. The pro- credit-worthy businesses above the The lack of a unified effort and ac- posal would also provide small busi- minimum levels required for program countability with agencies has under- nesses with ‘‘green’’ products more effi- participation. mined the good intentions of these cient access to State and local mar- This bill is common sense legislation policies. kets, markets that geography and cost with common sense values. It will give A great variance exists across the might otherwise foreclose. For com- the folks on Main Street the same ac- government, both in terms of compli- parison sake, 80 percent of GSA Sched- cess and opportunity as those on Wall ance with energy efficiency laws and ule contracts are with small busi- Street and create much needed jobs in regulations, as well as with initiatives nesses. the process. I ask that my colleagues individual agencies have developed to Over the next 5 years, the legislation join me in the effort to help small busi- reduce energy usage. would also allow agencies to enter into nesses thrive in our local communities Agencies should explore diverse and power purchase agreements for elec- and get our economy back on track. innovative ways to save money by de- tricity produced by renewable energy

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.033 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10643 sources. These agreements could last our economy is pressured and hurting, These four sources are capable of sup- not more than 20 years and agencies when we need to create jobs, I encour- plying millions of animals for research, would need to assess that the agree- age my colleagues to support this bill. far more cats and dogs than are re- ment would be cost effective before en- Last Congress, this bill came out of the quired by current laboratory demand. tering into them. Small Business Committee in a totally A May 2009 study conducted by the We know from examples such as the bipartisan fashion and it is my hope National Academies, ‘‘Scientific and solar power system at Nellis Air Force that this time we complete the process. Humane Issues in the Use of Random Base what a well-designed public-pri- Source Dogs and Cats in Research’’ vate partnership can accomplish, if ex- By Mr. AKAKA (for himself, Ms. found that while some random-source ecuted correctly. This project cost the COLLINS, Mr. LEVIN, Mr. LAU- dogs and cats may be necessary and de- Air Force less than $100,000 in capital TENBERG, and Mr. MENENDEZ): sirable for research that is funded by costs, yet saved the government more S. 1834. A bill to amend the Animal the National Institute of Health, NIH, than $1.2 million in its first year of op- Welfare Act to ensure that all dogs and Class B dealers are not necessary to eration by supplying 1⁄4 of the total cats used by research facilities are ob- supply such animals for NIH funded re- power used at the base, where 12,000 tained legally; to the Committee on search. Further this report makes clear people live and work. Additionally, the Agriculture, Nutrition, and Forestry. that there are sufficient, alternative project is expected to reduce carbon Mr. AKAKA. Mr. President, today I sources to acquire animals with char- emissions by 24,000 tons annually. introduce the Pet Safety and Protec- acteristics similar to animals provided Finally, the bill would expand the tion Act of 2009. The legislation by Class B dealers. As there are legiti- definition of renewable energy in Fed- amends the Animal Welfare Act to en- mate sources of such animals, the re- eral purchase requirements beyond sure that all companion animals such port leave little doubt that Class B electricity. Under the current defini- as dogs and cats used by research fa- dealers are no longer necessary. tion, agencies cannot take advantage cilities are obtained legally. I am In light of this recent report, this bill of ‘‘green’’ technologies like geo- pleased to be joined by a number of my is an appropriate and feasible action, thermal energy because geo-thermal colleagues, serving as cosponsors of the as alternatives to Class B dealers do energy is not considered electric. legislation including Senator SUSAN exist to meet research needs. This bill By promoting accountability for COLLINS, Senator FRANK LAUTENBERG, does not address the larger issue of meeting existing energy efficiency Senator CARL LEVIN, and Senator ROB- whether animals should or should not mandates and by encouraging initia- ERT MENENDEZ. be used in research facilities. In fact, tives to decrease energy usage and spur More than 40 years ago, Congress this bill does not impair or impede re- innovation, this bill would help passed the Animal Welfare Act, AWA, search. Medical research is one of our ‘‘green’’ our federal operations. The as- to stop the mistreatment of animals primary tools in the discovery of new sociated savings should improve our and to prevent the unintentional sale drugs and surgical techniques that help government’s bottom line—to the ben- of family pets for laboratory experi- develop cures for life-threatening dis- efit of taxpayers. ments. While the AWA has helped to eases and animal research has been, safeguard animals across the country, and continues to be, a fundamental By Mr. KERRY: we still find that the Act does not ade- part of scientific advancements. In- S. 1831. A bill to amend the Small quately provide pets and pet owners stead, this legislation targets the un- Business Investment Act of 1958 to re- with reliable protection against the ac- ethical practice of selling stolen pets authorize the venture capital program, tion of some unethical Class B dealers. and stray animals to research facilities and for other purposes; to the Com- Of the eleven Class B dealers licensed by ending the fraudulent practices of mittee on Small Business and Entre- by the Department of Agriculture, Class B dealers, as well as the unneces- preneurship. USDA, to sell live dogs and cats for ex- sary suffering of animals in their care. Mr. KERRY. Mr. President, our coun- perimentation, one has been issued to a I urge my colleagues to support this try’s small businesses continue to 5-year license suspension. and seven important legislation. struggle with access to credit and cap- others are under investigation for ap- Mr. President, I ask unanimous con- ital for maintaining and growing their parent violations of the AWA. sent that a letter of support be printed businesses. Small businesses are the Despite new enforcement guidelines in the RECORD. engine of our economy and a key factor and intensified inspection efforts by There being no objection, the mate- in addressing unemployment. They em- USDA, it is nearly impossible to assure rial was ordered to be printed in the ploy more than half of all private sec- that stolen or lost pets will not enter RECORD, as follows: tor employees and have generated ap- research laboratories via the Class B ANIMAL WELFARE INSTITUTE, proximately 64 percent of the net new dealer system. Each year, hundreds of Washington, DC, October 19, 2009. jobs over the past 15 years. We should thousands of dollars are spent on regu- Hon. DANIEL AKAKA, be doing more to aid small businesses lating Class B dealers. Enactment of U.S. Senate, Hart Senate Office Building, so they can not only stay on their feet the Pet Safety and Protection Act Washington, DC. but also flourish to their full potential. helps reduce the Department of Agri- DEAR SENATOR AKAKA: We want to thank That is why I am reintroducing the culture’s regulatory burden by allow- you for reintroducing the Pet Safety and Protection Act. For too long, Class B dealers Small Business Venture Capital Act, ing the Department to use its resources who sell dogs and cats to research labora- which reauthorizes the New Markets more efficiently and effectively. In tories have flouted the Animal Welfare Act, Venture Capital Program and promotes order to combat any future violations acquiring animals through theft and fraud, geographic equity so businesses across of the AWA, this bill increases the pen- lying about the origins of the animals, and the country may benefit from the pro- alties under the Act to a minimum of keeping them in inhumane conditions. De- gram. This program addresses the mar- $1,000 per violation, in addition to any spite the hundreds of thousands of tax dol- ket gap in venture capital for compa- other existing penalties. lars that the U.S. Department of Agriculture nies located in low- and moderate-in- My legislation promotes humane spends trying to regulate Class B dealers, the agency cannot guarantee that dogs and cats come, rural, and urban areas—i.e., high treatment of animals and preserves the are not being illegally acquired for use in ex- unemployment areas—as well as the integrity of research laboratories to periments. need for smaller deals that neither tra- obtain animals from legitimate A May 2009 report from the National Acad- ditional venture funds nor the SBIC sources, while complying with the emy of Sciences supports the position that Program will make. It has proven suc- AWA. Such legitimate sources include this bill will not have an adverse impact on cessful so far, and we need more com- USDA-licensed Class A dealers or the conduct of research. In addressing the munity development venture capital to breeders; municipal pounds that choose question of whether Class B dealers are need- create sustainable, high-quality, local to release dogs and cats for research ed to supply NIH-sponsored research with random source animals, the NAS concluded jobs. purposes; legitimate pet owners who that they are not. It found that animals with Without this Government partner- want to donate their animals to re- similar qualities are available from alter- ship, these investments are not going search; and private and Federal facili- native sources. ‘‘The Committee therefore to be done. Particularly at a time when ties that breed their own animals. determined Class B dealers are not necessary

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.039 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10644 CONGRESSIONAL RECORD — SENATE October 21, 2009 as providers of random source animals for Cowboy Hall of Fame as a ‘‘Great West- Jemal were all condemned to death for their NIH-related research.’’ In fact, many re- erner;’’ crimes, but, the verdicts of the courts were searchers do not use Class B dealers to ac- Whereas Cliff Hansen served as governor of not enforced. quire dogs and cats, and it is time for the re- the State of Wyoming from 1963–1967; (7) The Armenian Genocide and these do- mainder who do to end their embarrassing Whereas Cliff Hansen served the people of mestic judicial failures are documented with association with these habitual violators of Wyoming with distinction in the United overwhelming evidence in the national ar- the law. States Senate from 1967–1978; and chives of Austria, France, Germany, Great We are grateful to you for again taking on Whereas Cliff Hansen was the oldest former Britain, Russia, the United States, the Vati- the important job of ensuring the safety of Senator at the time of his death: Now, there- can and many other countries, and this vast companion animals. We will do all that we fore be it body of evidence attests to the same facts, can to achieve passage of this bill. Please Resolved, That the Senate has heard with the same events, and the same consequences. contact me at 202–446–2121 or Lauren Silver- profound sorrow and deep regret the an- (8) The United States National Archives man at the Humane Society of the U.S. if we nouncement of the death of the Honorable and Record Administration holds extensive can be of further assistance. Cliff Hansen, former member of the United and thorough documentation on the Arme- With much appreciation, States Senate. nian Genocide, especially in its holdings CATHY LISS, Resolved, That the Secretary of the Senate under Record Group 59 of the United States President. communicate these resolutions to the House Department of State, files 867.00 and 867.40, which are open and widely available to the On behalf of: American Society for the Pre- of Representatives and transmit an enrolled public and interested institutions. vention of Cruelty to Animals, Animal Wel- copy thereof to the family of the deceased. fare Institute, Born Free USA Humane Soci- (9) The Honorable Henry Morgenthau, Resolved, That when the Senate adjourns United States Ambassador to the Ottoman ety of the United States In Defense of Ani- today, it stand adjourned as a further mark mals, International Fund for Animal Welfare Empire from 1913 to 1916, organized and led of respect to the memory of the Honorable protests by officials of many countries, Last Chance for Animals Massachusetts So- Cliff Hansen. ciety for the Prevention of Cruelty to Ani- among them the allies of the Ottoman Em- mals Physicians Committee for Responsible f pire, against the Armenian Genocide. (10) Ambassador Morgenthau explicitly de- Medicine World Society for the Protection of SENATE RESOLUTION 316—CALL- scribed to the Department of State the pol- Animals. ING UPON THE PRESIDENT TO icy of the Government of the Ottoman Em- f ENSURE THAT THE FOREIGN pire as ‘‘a campaign of race extermination,’’ SUBMITTED RESOLUTIONS POLICY OF THE UNITED STATES and was instructed on July 16, 1915, by Sec- REFLECTS APPROPRIATE UN- retary of State Robert Lansing that the ‘‘De- DERSTANDING AND SENSITIVITY partment approves your procedure . . . to stop Armenian persecution’’. SENATE RESOLUTION 315—REL- CONCERNING ISSUES RELATED (11) Senate Concurrent Resolution 12, 64th ATIVE TO THE DEATH OF TO HUMAN RIGHTS, ETHNIC Congress, agreed to February 9, 1916, re- CLIFFORD PETER HANSEN, CLEANSING, AND GENOCIDE DOC- solved that ‘‘the President of the United FORMER UNITED STATES SEN- UMENTED IN THE UNITED States be respectfully asked to designate a ATOR FOR THE STATE OF WYO- STATES RECORD RELATING TO day on which the citizens of this country MING THE ARMENIAN GENOCIDE, AND may give expression to their sympathy by contributing funds now being raised for the Mr. ENZI (for himself, Mr. BARRASSO, FOR OTHER PURPOSES relief of the Armenians,’’ who at the time Mr. REID, Mr. MCCONNELL, Mr. AKAKA, Mr. MENENDEZ (for himself and Mr. were enduring ‘‘starvation, disease, and un- Mr. ALEXANDER, Mr. BAUCUS, Mr. BAYH, ENSIGN) submitted the following reso- told suffering’’. Mr. BEGICH, Mr. BENNET, Mr. BENNETT, lution; which was referred to the Com- (12) President Woodrow Wilson concurred and also encouraged the formation of the or- Mr. BINGAMAN, Mr. BOND, Mrs. BOXER, mittee on Foreign Relations: ganization known as Near East Relief, char- Mr. BROWN, Mr. BROWNBACK, Mr. S. RES. 316 tered by the Act of August 6, 1919, 66th Con- BUNNING, Mr. BURR, Mr. BURRIS, Mr. Resolved, gress (41 Stat. 273, chapter 32), which con- BYRD, Ms. CANTWELL, Mr. CARDIN, Mr. tributed some $116,000,000 from 1915 to 1930 to SHORT TITLE CARPER, Mr. CASEY, Mr. CHAMBLISS, aid Armenian Genocide survivors, including SEC. 1. This resolution may be cited as the Mr. COBURN, Mr. COCHRAN, Ms. COLLINS, 132,000 orphans who became foster children of ‘‘Affirmation of the United States Record on Mr. CONRAD, Mr. CORKER, Mr. CORNYN, the American people. the Armenian Genocide Resolution’’. (13) Senate Resolution 359, 66th Congress, Mr. CRAPO, Mr. DEMINT, Mr. DODD, Mr. FINDINGS agreed to May 11, 1920, stated in part that DORGAN, Mr. DURBIN, Mr. ENSIGN, Mr. SEC. 2. The Senate finds the following: ‘‘the testimony adduced at the hearings con- FEINGOLD, Mrs. FEINSTEIN, Mr. (1) The Armenian Genocide was conceived ducted by the sub-committee of the Senate FRANKEN, Mrs. GILLIBRAND, Mr. and carried out by the Ottoman Empire from Committee on Foreign Relations have clear- GRAHAM, Mr. GRASSLEY, Mr. GREGG, 1915 to 1923, resulting in the deportation of ly established the truth of the reported mas- Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, nearly 2,000,000 Armenians, of whom 1,500,000 sacres and other atrocities from which the Mrs. HUTCHISON, Mr. INHOFE, Mr. men, women, and children were killed, Armenian people have suffered’’. (14) The resolution followed the April 13, 500,000 survivors were expelled from their INOUYE, Mr. ISAKSON, Mr. JOHANNS, Mr. 1920, report to the Senate of the American homes, and the elimination of the over 2,500- JOHNSON, Mr. KAUFMAN, Mr. KERRY, Military Mission to Armenia led by General year presence of Armenians in their historic Mr. KIRK, Ms. KLOBUCHAR, Mr. KOHL, James Harbord, that stated ‘‘[m]utilation, homeland. Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- violation, torture, and death have left their (2) On May 24, 1915, the Allied Powers of BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. haunting memories in a hundred beautiful England, France, and Russia, jointly issued a Armenian valleys, and the traveler in that LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, statement explicitly charging for the first Mr. LUGAR, Mr. MCCAIN, Mrs. region is seldom free from the evidence of time ever another government of commit- this most colossal crime of all the ages’’. MCCASKILL, Mr. MENENDEZ, Mr. ting ‘‘a crime against humanity’’. (15) As displayed in the United States Hol- MERKLEY, Ms. MIKULSKI, Ms. MUR- (3) This joint statement stated that ‘‘the ocaust Memorial Museum, Adolf Hitler, on KOWSKI, Mrs. MURRAY, Mr. NELSON of Allied Governments announce publicly to ordering his military commanders to attack Nebraska, Mr. NELSON of Florida, Mr. the Sublime Porte that they will hold per- Poland without provocation in 1939, dis- PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- sonally responsible for these crimes all mem- missed objections by saying ‘‘[w]ho, after all, bers of the Ottoman Government, as well as ERTS, Mr. ROCKEFELLER, Mr. SANDERS, speaks today of the annihilation of the Ar- those of their agents who are implicated in Mr. SCHUMER, Mr. SESSIONS, Mrs. menians?’’ and thus set the stage for the Hol- such massacres’’. ocaust. SHAHEEN, Mr. SHELBY, Ms. SNOWE, Mr. (4) The post-World War I Turkish Govern- (16) Raphael Lemkin, who coined the term SPECTER, Ms. STABENOW, Mr. TESTER, ment indicted the top leaders involved in the ‘‘genocide’’ in 1944, and who was the earliest Mr. THUNE, Mr. UDALL of Colorado, Mr. ‘‘organization and execution’’ of the Arme- proponent of the United Nations Convention UDALL of New Mexico, Mr. VITTER, Mr. nian Genocide and in the ‘‘massacre and de- on the Prevention and Punishment of Geno- VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. struction of the Armenians’’. cide, invoked the Armenian case as a defini- WHITEHOUSE, Mr. WICKER, and Mr. (5) In a series of courts-martial, officials of tive example of genocide in the 20th century. the Young Turk Regime were tried and con- WYDEN) submitted the following reso- (17) The first resolution on genocide adopt- victed, as charged, for organizing and exe- lution; which was considered and ed by the United Nations at Mr. Lemkin’s cuting massacres against the Armenian peo- urging, the December 11, 1946, United Na- agreed to: ple. tions General Assembly Resolution 96(1), and S. RES. 315 (6) The chief organizers of the Armenian the United Nations Convention on the Pre- Whereas Cliff Hansen worked as a cattle Genocide, Minister of War Enver, Minister of vention and Punishment of Genocide recog- rancher and was inducted into the National the Interior Talaat, and Minister of the Navy nized the Armenian Genocide as the type of

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crime the United Nations intended to pre- United States, noted that the assertion on S. RES. 317 vent and punish by codifying existing stand- ambiguity in the United States record about Whereas the President has designated Oc- ards. the Armenian Genocide ‘‘contradicted long- tober 2009 as ‘‘National Domestic Violence (18) In 1948, the United Nations War Crimes standing United States policy and was even- Awareness Month’’; Commission invoked the Armenian Geno- tually retracted’’. Whereas domestic violence affects people cide, ‘‘precisely . . . one of the types of acts (27) On June 5, 1996, the House of Rep- of all ages as well as racial, ethnic, gender, which the modern term ‘crimes against hu- resentatives adopted an amendment to economic, and religious backgrounds; manity’ is intended to cover,’’ as a precedent House Bill 3540, 104th Congress (the Foreign Whereas females are disproportionately for the Nuremberg tribunals. Operations, Export Financing, and Related victims of domestic violence, and 1 in 4 (19) The Commission stated that ‘‘[t]he Programs Appropriations Act, 1997), to re- women will experience domestic violence at provisions of Article 230 of the Peace Treaty duce aid to Turkey by $3,000,000 (an estimate some point in her life; of Sevres were obviously intended to cover, of its payment of lobbying fees in the United Whereas on average, more than 3 women in conformity with the Allied note of 1915 States) until the Government of Turkey ac- are murdered by their husbands or boy- . . ., offenses which had been committed on knowledged the Armenian Genocide and took friends in the United States every day; Turkish territory against persons of Turkish steps to honor the memory of its victims. Whereas in 2005, 1,181 women were mur- citizenship, though of Armenian or Greek (28) President William Jefferson Clinton, dered by an intimate partner constituting 78 race. This article constitutes therefore a on April 24, 1998, stated: ‘‘This year, as in the percent of all intimate partner homicides precedent for Article 6c and 5c of the Nurem- past, we join with Armenian-Americans that year; berg and Tokyo Charters, and offers an ex- throughout the nation in commemorating Whereas a 2001 study by the Centers for ample of one of the categories of ‘crimes one of the saddest chapters in the history of Disease Control and Prevention found that against humanity’ as understood by these this century, the deportations and massacres female intimate partners are more likely to enactments’’. of a million and a half Armenians in the be murdered with a firearm than all other (20) House Joint Resolution 148, 94th Con- Ottoman Empire in the years 1915–1923.’’. means combined; gress, adopted on April 8, 1975, resolved, (29) President George W. Bush, on April 24, Whereas women ages 16 to 24 experience ‘‘That April 24, 1975, is hereby designated as 2004, stated: ‘‘On this day, we pause in re- the highest rates, per capita, of intimate ‘National Day of Remembrance of Man’s In- membrance of one of the most horrible trag- partner violence; humanity to Man’, and the President of the edies of the 20th century, the annihilation of Whereas 1 out of 3 Native American women United States is authorized and requested to as many as 1,500,000 Armenians through will be raped and 6 out of 10 will be phys- issue a proclamation calling upon the people forced exile and murder at the end of the ically assaulted in their lifetimes; of the United States to observe such day as Ottoman Empire.’’. Whereas the cost of intimate partner vio- a day of remembrance for all the victims of (30) Despite the international recognition lence exceeds $5,800,000,000 each year, genocide, especially those of Armenian an- and affirmation of the Armenian Genocide, $4,100,000 of which is for direct medical and cestry . . .’’. the failure of the domestic and international mental health care services; (21) President Ronald Reagan, in proclama- authorities to punish those responsible for Whereas 1⁄4 to 1⁄2 of domestic violence vic- tion number 4838, dated April 22, 1981 (95 the Armenian Genocide is a reason why simi- tims report that they have lost a job due, at Stat. 1813), stated that, in part ‘‘[l]ike the lar genocides have recurred and may recur in least in part, to domestic violence; genocide of the Armenians before it, and the the future, and that just resolution of this Whereas the annual cost of lost produc- genocide of the Cambodians, which followed issue will help prevent future genocides. tivity due to domestic violence is estimated it—and like too many other persecutions of at $727,800,000 with over 7,900,000 paid work- DECLARATION OF POLICY too many other people—the lessons of the days lost per year; Holocaust must never be forgotten’’. SEC. 3. The Senate— Whereas some landlords deny housing to (22) House Joint Resolution 247, 98th Con- (1) calls upon the President to ensure that victims of domestic violence who have pro- gress, adopted on September 10, 1984, re- the foreign policy of the United States re- tection orders or evict victims of domestic solved, ‘‘That April 24, 1985, is hereby des- flects appropriate understanding and sensi- violence for seeking help after a domestic vi- ignated as ‘National Day of Remembrance of tivity concerning issues related to human olence incident, such as by calling 911, or Man’s Inhumanity to Man’, and the Presi- rights, ethnic cleansing, and genocide docu- who have other indications that they are do- dent of the United States is authorized and mented in the United States record relating mestic violence victims; requested to issue a proclamation calling to the Armenian Genocide and the con- Whereas 92 percent of homeless women ex- upon the people of the United States to ob- sequences of the failure to realize a just reso- perience severe physical or sexual abuse at serve such day as a day of remembrance for lution; and some point in their lifetimes; all the victims of genocide, especially the (2) calls upon the President in the Presi- Whereas approximately 40 to 60 percent of one and one-half million people of Armenian dent’s annual message commemorating the men who abuse women also abuse children; ancestry . . .’’. Armenian Genocide issued on or about April Whereas approximately 15,500,000 children (23) In August 1985, after extensive study 24, to accurately characterize the systematic are exposed to domestic violence every year; and deliberation, the United Nations Sub- and deliberate annihilation of 1,500,000 Arme- Whereas children exposed to domestic vio- Commission on Prevention of Discrimination nians as genocide and to recall the proud his- lence are more likely to attempt suicide, and Protection of Minorities voted 14 to 1 to tory of United States intervention in opposi- abuse drugs and alcohol, run away from accept a report entitled ‘‘Study of the Ques- tion to the Armenian Genocide. home, and engage in teenage prostitution; tion of the Prevention and Punishment of Whereas one large study found that men the Crime of Genocide,’’ which stated that f exposed to physical abuse, sexual abuse, and ‘‘[t]he Nazi aberration has unfortunately not adult domestic violence as children were al- been the only case of genocide in the 20th most 4 times more likely than other men to century. Among other examples which can SENATE RESOLUTION 317—SUP- have perpetrated domestic violence as be cited as qualifying are . . . the Ottoman PORTING THE GOALS AND adults; massacre of Armenians in 1915–1916’’. IDEALS OF NATIONAL DOMESTIC Whereas nearly 1,500,000 high school stu- (24) This report also explained that ‘‘[a]t VIOLENCE AWARENESS MONTH dents nationwide experienced physical abuse least 1,000,000, and possibly well over half of AND EXPRESSING THE SENSE OF from a dating partner in a single year; the Armenian population, are reliably esti- THE SENATE THAT CONGRESS Whereas 13 percent of teenage girls who mated to have been killed or death marched SHOULD CONTINUE TO RAISE have been in a relationship report being hit by independent authorities and eye-wit- or hurt by their partners and 1 in 4 teenage nesses. This is corroborated by reports in AWARENESS OF DOMESTIC VIO- girls has been in a relationship in which she United States, German and British archives LENCE IN THE UNITED STATES was pressured by her partner into performing and of contemporary diplomats in the Otto- AND ITS DEVASTATING EFFECTS sexual acts; man Empire, including those of its ally Ger- ON FAMILIES AND COMMU- Whereas adolescent girls who reported dat- many’’. NITIES, AND SUPPORT PRO- ing violence were 60 percent more likely to (25) The United States Holocaust Memorial GRAMS DESIGNED TO END DO- report one or more suicide attempts in the Council, an independent Federal agency, MESTIC VIOLENCE. past year; unanimously resolved on April 30, 1981, that Whereas there is a need for middle schools, the United States Holocaust Memorial Mu- Ms. KLOBUCHAR (for herself, Mr. secondary schools, and post-secondary seum would include the Armenian Genocide LEAHY, Mr. KOHL, Mr. FEINGOLD, Mrs. schools to educate students about the issues in the Museum and has since done so. GILLIBRAND, Mr. CRAPO, Ms. COLLINS, of domestic violence, sexual assault, dating (26) Reviewing an aberrant 1982 expression Mr. SPECTER, Ms. LANDRIEU, Ms. violence, and stalking; (later retracted) by the Department of State Whereas 88 percent of men in a national STABENOW, Mr. KAUFMAN, Mr. DURBIN, asserting that the facts of the Armenian poll reported that they think that our soci- Genocide may be ambiguous, the United Mr. BROWN, and Mr. BURRIS) submitted ety should do more to respect women and States Court of Appeals for the District of the following resolution; which was re- girls; Columbia in 1993, after a review of docu- ferred to the Committee on the Judici- Whereas a recently released multi-State ments pertaining to the policy record of the ary: study shows conclusively that the Nation’s

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.037 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10646 CONGRESSIONAL RECORD — SENATE October 21, 2009 domestic violence shelters are addressing This happened last month in our inflicts a real trauma on kids that can victims’ urgent and long-term needs and are State. This looks like a murder-sui- have damaging effects for years to helping victims protect themselves and their cide. Of course, it looks like Allen come. In many respects, ending the children; killed Pam before finally turning the cycle of violence in communities be- Whereas a 2008 National Census Survey re- ported that 60,799 adults and children were gun on himself. But we do not need to gins by getting violence out of the served by domestic violence shelters and pro- speculate about the final end order to home because a violent home is, in grams around the Nation in a single day; focus on the sad prelude to this story— fact, a factory for producing a new gen- Whereas those same understaffed programs so many previous 911 calls, so many eration of violent offenders. were unable to meet 8,927 requests for help earlier acts of violence, yet another When I was a county attorney, I saw that day; victim of what some domestic violence firsthand how domestic abuse harmed Whereas there is a need to increase funding advocates have called the war at home; women and children, destroyed fami- for programs aimed at intervening and pre- a war that affected Pam, their chil- lies, and challenged local law enforce- venting domestic violence in the United ment agencies, the court system, social States; and dren, and the community at large. Whereas individuals and organizations that The most disturbing part of this service, and health care providers. We are dedicated to preventing and ending do- story is Pam’s death is not a tragic actually had a recent shooting of a mestic violence should be recognized: Now, anomaly. Pam is one of 200 Minnesota well-respected and longtime police offi- therefore, be it women killed as a result of domestic cer who was killed responding to a do- Resolved, That the Senate— violence since 2000. mestic abuse call. Both the prevention (1) supports the goals and ideals of Na- That is why I am submitting a reso- and prosecution of domestic violence tional Domestic Violence Awareness Month; lution today to designate October Na- were always among my top priorities and (2) expresses the sense of the Senate that tional Domestic Violence Awareness when I was county attorney. We had Congress should continue to raise awareness Month, because Pam Taschuk and too one of the most landmark, cutting-edge of domestic violence in the United States many other women and children have domestic abuse service centers in the and its devastating effects on families and to fight this ‘‘war at home’’ every day. country, and still do in Hennepin Coun- communities, and support programs designed In the past several decades, thanks to ty. to end domestic violence. the work of many individuals and orga- Sheila Wellstone, whom we honored Ms. KLOBUCHAR. Mr. President, I nizations, there has been a sea change this month for Domestic Violence rise to speak about an issue that has in the way our society looks at the Awareness Month, would always point been very important to me for a long issue of domestic violence. Police, the to the work in that center. It was a time, when I was a prosecutor as well courts, and the public used to consider one-stop shop. It is hard enough for as a member of the Judiciary Com- it a private family matter. Not surpris- lawyers to get through the redtape of a mittee with the Senate; that is, domes- ingly, domestic violence was the No. 1 courtroom. This was a place where a tic violence. underreported crime in the country. victim of domestic violence, man or I am here because I am submitting a Today, there is much more aware- woman, could get a protective order resolution supporting the goals and ness, and we have started to pass crit- signed, fill out a complaint, talk to a ideals of National Domestic Violence ical legislation at both the State and police officer, with a play area for chil- Awareness Month. A number of our col- Federal level to combat domestic vio- dren. Also—and this was unique for leagues are cosponsoring the resolu- lence. So there has been a lot of this center—there were representatives tion. I am also here on behalf of Pam progress, but there is still a lot more to from domestic violence shelters there Taschuk. be done. so they could find a place to live. The police in Lino Lakes, MN, knew Last year, a survey done by the Na- The other challenge I found we had in Pam Taschuk and they knew her hus- tional Network to End Domestic Vio- these cases was working with the vic- band Allen. The police knew both of lence found that in 1 day, while more tims so the case could be prosecuted them because of the dozens of 911 calls than 60,000 people received help from after they filed the complaint. That is that had been made about Mr. Allen domestic violence programs, nearly why it is so important we reauthorize over the last 15 years. He bullied his 9,000 requests for help went unanswered the Violence Against Women Act. It wife, their sons, and other people so because the resources were not there. was landmark legislation when it was many times that local police had set up The current statistics are staggering. passed over 15 years ago. It has helped a special tactical response plan just to Currently, one in four women will ex- respond to calls at the Taschuk house. to train police so they do a better job Pam Taschuk was not your ordinary perience abuse. More than three women dealing with victims and children of domestic violence victim, if there is are killed every day by their husbands domestic violence. It also gives them a such a thing. She was actually a juve- or boyfriends. Millions of children wit- sense, when they go to the scene, of the nile probation officer and so many po- ness abuse every year, some studies say kind of evidence they should look for. lice I know in Minnesota knew her. as many as 10 million children. Many times victims get scared and de- They worked with her. She was a long- I remember the cases we had when I cide not to prosecute. We have had time probation officer and had worked was county attorney for Hennepin many cases where we could prosecute in the field for years. She was also a so- County. When we looked at the records with a reticent victim simply because cial worker. So it goes to show you of someone who was an offender, we of the evidence police were able to anyone can be a victim of domestic vi- would find way back in the records gather at the scene. olence. that they lived in a home where there The Violence Against Women Act In January of 2008, Pam called the was domestic violence. In fact, statis- created a new culture for police offi- police and reported that her husband tics show that a child who grows up in cers, judges, and those who work in the had threatened to kill her, that Allen a home where there is domestic vio- courthouse to treat this crime as the Taschuk had threatened to kill her. On lence is 76 times more likely to commit serious crime it is. It is a very impor- August 25 of this year, Allen Taschuk an act of domestic violence. That is tant tool, and it must be reauthorized. bloodied Pam’s nose, split her lip, and why we had a poster framed in the hall- As a member of the Judiciary Com- trapped her in their home overnight. way of our office. It was a picture of a mittee and one of two women on the He was arrested, but he posted bail and woman with a Band-Aid on her nose, committee, I look forward to working was released. holding a little baby, and the words hard to reauthorize the Violence On October 1, 2009, the Lino Lakes under the picture read: ‘‘Beat your wife Against Women Act in 2010. Police Department received the last 911 and your son will go to jail.’’ During tough economic times, we call they would ever get about Allen We all must recognize as well that it need to be extra vigilant against do- Taschuk. On that day, Allen Taschuk doesn’t take a bruise or a broken bone mestic violence. Millions of Americans called 911 himself to preemptively re- for a child to be a victim of domestic have already lost their jobs, their port a shooting at his house. By the violence. Kids who witness this vio- homes, or their retirement savings. time the police arrived at his home, lence are victims too. Witnessing vio- Some have lost all three. This kind of both he and Pam Taschuk were dead of lence between adults in the home, espe- stress in the home and in the check- gunshot wounds. cially when it is repeated and ongoing, book can lead to substance abuse and

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.044 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10647 acts of violence. We need to make sure of Duluth in northern Minnesota recog- ROBERTS, Ms. STABENOW, Mr. ISAKSON, law enforcement has the tools it needs nized before the rest of the country Mr. NELSON of Nebraska, Mrs. MURRAY, to protect families. That is why in the that violence is violence, whether it is Mr. KOHL, Mr. BAUCUS, Mr. PRYOR, Ms. Economic Recovery Act, we included perpetrated by someone you love or a KLOBUCHAR, Mr. FEINGOLD, Mr. $225 million for Violence Against stranger on the street. BARRASSO, Mr. LEAHY, Ms. COLLINS, Women Programs and $100 million for We can never stop working on behalf Mr. GRASSLEY, Mr. CRAPO, Mr. BENNET, programs that are part of the Victims of women, children, and families every- and Mrs. SHAHEEN) submitted the fol- of Crime Act. We also provided critical where to end domestic violence. lowing resolution; which was consid- funding for law enforcement to keep I ask unanimous consent to add Sen- ered and agreed to: cops on the street and support law en- ator BURRIS as a cosponsor of the reso- S. RES. 319 forcement programs and services lution. Whereas the National FFA Organization is through the Byrne Grant Program. The PRESIDING OFFICER. Without a premier student leadership organization There is so much at stake, and there objection, it is so ordered. with more than 507,000 members in all 50 is so much each of us can still do to f States, Puerto Rico, and the Virgin Islands; make a difference. We have to remem- Whereas the mission of the National FFA SENATE RESOLUTION 318—SUP- ber that any act of domestic violence Organization is to make a positive difference PORTING ‘‘LIGHTS ON AFTER- hurts not only the individual victim, it in the lives of students by developing their SCHOOL’’, A NATIONAL CELEBRA- potential for leadership, personal growth, hurts their family and hurts our com- TION OF AFTERSCHOOL PRO- and career success through agricultural edu- munity at large. GRAMS cation; I will always remember a case we Whereas women were first admitted as prosecuted when I was county attorney Mr. DODD (for himself, Mr. ENSIGN, members of the National FFA Organization that brought home that point to me. It Mr. AKAKA, Mr. BAUCUS, Mr. BEGICH, in 1969 at the 42nd Annual National FFA was a very sad case. The victim was a Mrs. BOXER, Mr. CARPER, Mr. CASEY, Convention; Russian immigrant. She was very iso- Mrs. GILLIBRAND, Mr. INOUYE, Mr. LAU- Whereas, by 2009, 41 percent of all members lated from the community, didn’t have TENBERG, Mr. LEVIN, Mrs. LINCOLN, of the National FFA Organization were many friends, a victim of domestic vio- Mrs. MURRAY, Mr. NELSON of Nebraska, women, and more than 50 percent of leader- ship positions in the National FFA Organiza- Mr. SANDERS, Ms. STABENOW, Mr. lence, they later learned, over the tion were held by women; and years. Her husband murdered her one WHITEHOUSE, and Mr. SPECTER) sub- Whereas female members have made posi- day. They had a little 4-year-old girl. I mitted the following resolution; which tive contributions to the goals of the Na- don’t want to get into the gory details was considered and agreed to: tional FFA Organization, including pro- of what happened with her body, but he S. RES. 318 ficient agricultural leadership and advocacy, basically sickly brought her body to Whereas high-quality afterschool programs community citizenship, volunteerism, and another State with the 4-year-old girl provide safe, challenging, engaging, and fun cooperation: Now, therefore, be it in the back seat. He later confessed to learning experiences that help children and Resolved, That the Senate congratulates the National FFA Organization for 40 years the crime, and there was a little serv- youth develop their social, emotional, phys- ical, cultural, and academic skills; of membership by women and celebrates the ice. I say ‘‘little’’ because the only peo- achievements and contributions of female ple at the funeral service were her par- Whereas high-quality afterschool programs support working families by ensuring that members of the National FFA Organization. ents, who were from Russia, and her the children in such families are safe and f identical twin sister, the victim’s iden- productive after the regular school day ends; AMENDMENTS SUBMITTED AND tical twin sister. I was there, and the Whereas high-quality afterschool programs victim witness advocate was there. build stronger communities by involving the PROPOSED That was it. The little 4-year-old girl, I Nation’s students, parents, business leaders, SA 2696. Mrs. LINCOLN submitted an was told, had been at the airport when and adult volunteers in the lives of the Na- amendment intended to be proposed by her the plane came in from Russia to meet tion’s youth, thereby promoting positive re- to the bill S. 1776, to amend title XVIII of for the first time her grandmother and lationships among children, youth, families, the Social Security Act to provide for the and adults; her now deceased mother’s identical update under the Medicare physician fee Whereas high-quality afterschool programs schedule for years beginning with 2010 and to twin sister. engage families, schools, and diverse commu- sunset the application of the sustainable When they got off the plane and came nity partners in advancing the well-being of growth rate formula, and for other purposes; into the airport, this little girl ran the Nation’s children; which was ordered to lie on the table. across the airport and hugged that Whereas ‘‘Lights On Afterschool’’, a na- SA 2697. Mr. LEAHY submitted an amend- identical twin sister and said: Mommy, tional celebration of afterschool programs ment intended to be proposed by him to the mommy, mommy. She thought it was held on October 22, 2009, highlights the crit- bill S. 1776, supra; which was ordered to lie her mother who had come back. ical importance of high-quality afterschool on the table. That moment and that story always programs in the lives of children, their fami- f lies, and their communities; remind me that when we are talking Whereas more than 28,000,000 children in TEXT OF AMENDMENTS about domestic violence, it is not just the United States have parents who work SA 2696. Mrs. LINCOLN submitted an one victim. It is the children and it is outside the home and 15,100,000 children in our entire community. That is why it the United States have no place to go after amendment intended to be proposed by is so important we recognize Domestic school; and her to the bill S. 1776, to amend title Violence Month as well as reauthorize Whereas many afterschool programs across XVIII of the Social Security Act to the Violence Against Women Act. the United States are struggling to keep provide for the update under the Medi- I thank Senators LEAHY, KOHL, FEIN- their doors open and their lights on: Now, care physician fee schedule for years therefore, be it GOLD, GILLIBRAND, CRAPO, COLLINS, beginning with 2010 and to sunset the Resolved, That the Senate supports the SPECTER, LANDRIEU, STABENOW, KAUF- application of the sustainable growth goals and ideals of ‘‘Lights On Afterschool’’, rate formula, and for other purposes; MAN, DURBIN, BROWN, and Senator a national celebration of afterschool pro- BURRIS, the Presiding Officer, for being grams. which was ordered to lie on the table; as follows: cosponsors. I invite all other colleagues f to join us. SECTION 1. SHORT TITLE. I am proud to come from a State that SENATE RESOLUTION 319—COM- This Act may be cited as the ‘‘Medicare has long been a leader in a nationwide MEMORATING 40 YEARS OF MEM- Physician Fairness Act of 2009’’. effort to end domestic violence. We BERSHIP BY WOMEN IN THE NA- SEC. 2. MEDICARE PHYSICIAN FEE SCHEDULE opened one of the first shelters in the TIONAL FFA ORGANIZATION AND UPDATE FOR 2010 THROUGH 2014. country in 1974, and we started one of CELEBRATING THE ACHIEVE- Section 1848(d) of the Social Security Act the first programs aimed at addressing MENTS AND CONTRIBUTIONS OF (42 U.S.C. 1395w–4(d)) is amended by adding at the end the following new paragraph: batterers in the early 1980s. The city of FEMALE MEMBERS OF THE NA- TIONAL FFA ORGANIZATION ‘‘(10) UPDATE FOR 2010 THROUGH 2014.— Duluth, MN, was the first city to man- ‘‘(A) IN GENERAL.—Subject to paragraphs date that its police officers make ar- Mr. JOHANNS (for himself, Mrs. LIN- (7)(B), (8)(B), and (9)(B), in lieu of the update rests in domestic abuse cases. The city COLN, Mr. CHAMBLISS, Mr. LUGAR, Mr. to the single conversion factor established in

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.064 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10648 CONGRESSIONAL RECORD — SENATE October 21, 2009 paragraph (1)(C) that would otherwise apply Because of the limited time available Committee on Commerce, Science, and for each of 2010, 2011, 2012, 2013, and 2014, the for the hearing, witnesses may testify Transportation be authorized to meet update to the single conversion factor shall by invitation only. However, those during the session of the Senate on Oc- be 0.5 percent. wishing to submit written testimony tober 21, 2009, at 2:30 p.m. in room 253 of ‘‘(B) NO EFFECT ON COMPUTATION OF CON- VERSION FACTOR FOR 2015 AND SUBSEQUENT for the hearing record may do so by the Russell Senate Office Building. YEARS.—The conversion factor under this sending it to the Committee on Energy The PRESIDING OFFICER. Without subsection shall be computed under para- and Natural Resources, United States objection, it is so ordered. graph (1)(A) for 2015 and subsequent years as Senate, Washington, D.C. 20510–6150, or f if subparagraph (A) had never applied.’’. by e-mail to Rose- PRIVILEGES OF THE FLOOR SEC. 3. REDUCTION IN TARP FUNDS TO OFFSET [email protected] THE COSTS OF THE PAYMENT UP- For further information, please con- Mr. FEINGOLD. Mr. President, I ask DATE FOR MEDICARE PHYSICIANS’ unanimous consent that Kyle Sheahen SERVICES. tact Kevin Rennert at (202) 224–7826, or Paragraph (3) of section 115(a) of the Emer- Deborah Estes at (202) 224–5360 or Rose- and Spencer Baldwin, legal interns on gency Economic Stabilization Act of 2008 (12 marie Calabro at (202) 224–5039. my Judiciary Committee staff, be U.S.C. 5225) is amended by striking f granted the privilege of the floor for ‘‘$1,259,000,000’’ and inserting the remainder of this session. ‘‘$179,259,000,000’’. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without MEET objection, it is so ordered. SA 2697. Mr. LEAHY submitted an COMMITTEE ON ENERGY AND NATURAL f amendment intended to be proposed by RESOURCES RELATIVE TO THE DEATH OF him to the bill S. 1776, to amend title Mrs. SHAHEEN. Mr. President, I ask CLIFFORD PETER HANSEN, XVIII of the Social Security Act to unanimous consent that the Com- FORMER UNITED STATES SEN- provide for the update under the Medi- mittee on Energy and Natural Re- ATOR FOR THE STATE OF WYO- care physician fee schedule for years sources be authorized to meet during MING beginning with 2010 and to sunset the the session of the Senate on October 21, application of the sustainable growth at 9:45 a.m., in room SD–366 of the Mr. ENZI. Mr. President, it is with a rate formula, and for other purposes; Dirksen Senate Office Building. great deal of sadness that Senator which was ordered to lie on the table; The PRESIDING OFFICER. Without BARRASSO and Representative LUMMIS as follows: objection, it is so ordered. and I inform our colleagues that we At the appropriate place, insert the fol- COMMITTEE ON HEALTH, EDUCATION, LABOR, have lost one of our good friends and a lowing: AND PENSIONS former Member of this body, Clifford P. SEC. lll. HEALTH INSURANCE INDUSTRY ANTI- Mrs. SHAHEEN. Mr. President, I ask Hansen. TRUST ENFORCEMENT ACT OF 2009. unanimous consent that the Com- Cliff Hansen passed away on Tuesday (a) SHORT TITLE.—This section may be night at the age of 97. His was, in every cited as the ‘‘Health Insurance Industry mittee on Health, Education, Labor, Antitrust Enforcement Act of 2009’’. and Pensions be authorized to meet sense, a truly remarkable life. He was a (b) PURPOSE.—It is the purpose of this sec- during the session of the Senate on Oc- man to match his mountains. He came tion to ensure that health insurance issuers tober 21, 2009, at 10 a.m. in SD–430. from the shadow of the Tetons. If you and medical malpractice insurance issuers The PRESIDING OFFICER. Without have ever been there, you know that cannot engage in price fixing, bid rigging, or objection, it is so ordered. when God made the Alps he had a cou- market allocations to the detriment of com- ple left over and he took the biggest petition and consumers. COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ones and he put them in Wyoming, and (c) PROHIBITION OF ANTI-COMPETITIVE AC- that is where Jackson Hole is. TIVITIES.—Notwithstanding any other provi- Mrs. SHAHEEN. Mr. President, I ask sion of law, nothing in the Act of March 9, unanimous consent that the Com- Times such as these always draw me 1945 (15 U.S.C. 1011 et seq., commonly known mittee on Homeland Security and Gov- to the words of the Bible which remind as the ‘‘McCarran-Ferguson Act’’), shall be ernmental Affairs be authorized to us that ‘‘to everything there is a sea- construed to permit health insurance issuers meet during the session of the Senate son, a time for every purpose under (as defined in section 2791 of the Public on October 21, 2009, at 9:30 a.m. to con- heaven.’’ So it is with all of us. Each Health Service Act (42 U.S.C. 300gg–91) or role we play, each task we are called to issuers of medical malpractice insurance to duct a hearing entitled ‘‘H1N1 Flu: Monitoring the Nation’s Response.’’ perform is another time for us, another engage in any form of price fixing, bid rig- season in our lives. ging, or market allocations in connection The PRESIDING OFFICER. Without with the conduct of the business of providing objection, it is so ordered. As has often been said, Cliff Hansen was Wyoming through and through, a health insurance coverage (as defined in such COMMITTEE ON THE JUDICIARY favorite son of the West who knew and section) or coverage for medical malpractice Mrs. SHAHEEN. Mr. President, I ask claims or actions. understood our western way of life bet- unanimous consent that the Com- (d) APPLICATION TO ACTIVITIES OF STATE ter than anyone else. He knew it be- COMMISSIONS OF INSURANCE AND OTHER STATE mittee on the Judiciary be authorized cause he lived it and he lived it each INSURANCE REGULATORY BODIES.—Nothing in to meet during the session of the Sen- and every day. this section shall apply to the information ate, on October 21, 2009, at 2 p.m., in Cliff Hansen lived most of his life in gathering and rate setting activities of any room SD–226 of the Dirksen Senate Of- the Jackson Hole area—all of his life, State commission of insurance, or any other fice Building, to conduct a hearing en- State regulatory entity with authority to except the time he was providing pub- titled ‘‘Nominations.’’ lic service. He was born at the base of set insurance rates. The PRESIDING OFFICER. Without f the Tetons and he lived a life in which objection, it is so ordered. he stood as tall and as proud in his sup- NOTICE OF HEARING COMMITTEE ON VETERANS’ AFFAIRS port of Wyoming as those magnificent COMMITTEE ON ENERGY AND NATURAL Mrs. SHAHEEN. Mr. President, I ask mountains. His parents were home- RESOURCES unanimous consent that the Com- steaders and from them he learned the Mr. BINGAMAN. Mr. President, I mittee on Veterans’ Affairs be author- importance of working hard for what would like to announce for the infor- ized to meet during the session of the you believe in and always giving it mation of the Senate and the public Senate on October 21, 2009. The Com- your best. It was a philosophy that that a hearing has been scheduled be- mittee will meet in room 418 of the suited him well. A lot of people don’t fore the Senate Committee on Energy Russell Senate Office Building begin- know that as a child he was a stut- and Natural Resources. The hearing ning at 9:30 a.m. terer, but he had a phenomenal teacher will be held on Wednesday, October 28, The PRESIDING OFFICER. Without who worked with him, put rocks in his 2009, at 10:00 a.m., in room SD–366 of objection, it is so ordered. mouth. He attributed his success at the Dirksen Senate Office Building. COMMITTEE ON SCIENCE AND SPACE oratory to her help through those The purpose of this hearing is to re- Mrs. SHAHEEN. Mr. President, I ask years. ceive testimony on the role of natural unanimous consent that the Com- A rancher by profession, Cliff spent gas in mitigating climate change. mittee on Science and Space of the the early part of his life working the

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.047 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10649 land and learning to appreciate what a Washington to meet with him. He in- weren’t the only ones to learn from tremendously important resource it vited us to the Senate dining room for Cliff. One thing that so many of us will was. For him, the land was a precious breakfast. It was a great thrill for always remember about him was his gift, a legacy that helped him establish Diana and me to have a chance to meet love for teaching the next generation himself as a rancher. As he tended the with a Senator. We will never forget about Wyoming’s heritage and our land, he also was working at the local how it was to be in that dining room land, our agricultural industry, an as- level to address the issues of the day. with this good person who turned out pect so important to our State’s econ- But that kind of success wasn’t enough to be a trusted and valued friend. It omy that it is noted on our State seal. for him. Determined to find something was also my first encounter with grits. Cliff was very proud of the training else he could do to help make a dif- I found they taste as the name sug- arena that was established at his alma ference, he soon found his way to run gests. mater, the University of Wyoming, in for public office. He was a county com- Although Cliff had every reason to be his name. He went there often to visit missioner and, as a part of that season, proud of what he had achieved at every the College of Agriculture and to meet he served as Wyoming’s Governor. stage of his life, he would always be the with the students. Cliff knew full well There was a lot to be done, so Cliff first to say that he could never have that the future of our State could be rolled up his sleeves and got right to done it alone. Fortunately, he didn’t measured by how well we took care of the tasks at hand. To help the people of have to, for when he returned to Jack- our State’s land and he was determined our State, Cliff worked to lower the son Hole after graduating from college that those who were to follow would voting age from 21 to 18. To make life he married a very special woman, Mar- have a sense of great responsibility a little easier for our senior citizens, he tha. I have to tell you, her dad was a with which they had been entrusted. Cliff understood the importance of supported increasing retirement pay little bit skeptical. He said, This guy everything he had been given in life, for State employees. To help the next comes from the valley that is known as the safe harbor for horse thieves. Well, from the greatest of resources to the generation of our State’s leaders, he smallest of everyday things. I remem- it happened, it stuck, and they started helped increase funding for our schools ber hearing a story from his grandson a wonderful love story that would last and our education system. that I can’t tell as well as his grand- forever. It is an adage that love is At that point, Cliff could have called son, but I am going to make an at- stronger than anything that comes to it a day and returned to the ranch to tempt at anyway. He was doing some- us in life. Cliff and Martha will be for- sit back and enjoy reminiscing about thing called straightening nails with ever great examples of that and their all he had accomplished. Once again, it his grandson and some of his story of life and love that lasted 75 wasn’t enough for Cliff. He still had grandson’s friends. For those of you some good ideas and an interest in get- years. who don’t know about straightening a Diana and I always enjoyed seeing ting things done. That great heart of nail, you take a nail that is bent that them together for they were the epit- his wouldn’t let him quit. So it was you pull out of some piece of wood and ome of a great marriage. Cliff had a back to the campaign trail and an offer as you pull it, you bend it. He had a warm, engaging personality, he was he once again made to the people of coffee can full of those and he had an full of life, and he had a smile that re- Wyoming to serve them again and empty coffee can, and he would take flected the genuine happiness and con- began another season in his life. This one of the bent nails, put it on a board tentment that he found in his life and one resulted in a run for the Senate and tap it with a hammer and then ex- in his family. Martha, by his side, was and a defeat of a very popular Demo- amine it to see if it was straight. His a kind and gracious woman. With her crat on the way, Teno Roncalio. grandson and the other boys who were support and encouragement, Cliff had a In the Senate, Cliff served on the there said, Why are you going to all tremendous asset in his life and in his Veterans’ Affairs Committee, the Fi- that work? Why don’t you just go buy political career. She also helped to nance Committee, and the Special some new nails? Committee on Aging. At each post, keep him grounded. I remember one of He said, How much is this costing amid every opportunity, Cliff always the stories he often told of coming me? The answer was, Nothing. had his eye on Wyoming and how he back from one of the Washington-type While he was doing this, this tapping could best be of service to the people gala events where he had been pre- away on these nails, Martha came to back home. He focused on issues such sented an award as legislator of the the door of their house and said, You as reservoir projects, recreation and year, one of 535 people to receive this have a call, Cliff. You have a call on wilderness areas, and making sure we award. As he was driving home he was the telephone here. Well, he kept tap- were good stewards of the Federal reflecting and saying, Martha, how ping away on the nails, tapping away Treasury. He kept spending under con- many truly recognized people are there on the nails. Pretty quickly she came trol. in this world, she quickly said, One less back and she said, Cliff, it is the Presi- He also made a major change for Wy- than you think. It is a lesson that he dent of the United States. So he got up oming. In the early days, the States always kept. and he went in the house and took the got about 37.5 percent royalty on min- I am pleased with the number of calls phone call. A few minutes later he was erals and he was able to raise that, and e-mails we have had from former back out there tapping away on the with the help of a lot of his fellow Sen- staff members. His staff counsel men- nails, tapping away on the nails. His ators, working across the aisle, to 50 tioned the kindness he always had, grandson was excited and wanted to percent. When he got that passed, it knowing the people who worked at the know what that was all about and was at the time that Gerald Ford was doors and the elevators, and at that asked him: What did the President the President and the Chief of Staff time there were a lot of them who want? was a Wyoming boy named Dick Che- worked in the elevators. But one time Cliff said, The President wanted me ney. Dick Cheney had to initiate a call he was waiting outside the Chamber to be the Secretary of Interior; tap, to Cliff Hansen and let him know the door for him to come for a vote and he tap, tap; tap, tap, tap. I said, No; tap, President had some bad news for him. was getting a little worried that the tap, tap; tap, tap, tap. He was a man At that point Dick Cheney put Presi- vote was going to run out, so he went who knew what he wanted to do and dent Ford on the phone and the Presi- looking for him and found that he was what he needed to do and could be to- dent said, I have some bad news for helping a lady in a wheelchair up some tally absorbed in whatever he was you, Cliff. I am going to have to veto of the steps so she could get into the doing. that bill. building. It was just the kind of thing There are a lot of stories like that Cliff Hansen said, I have some bad he would do, go out of his way to help one. Cliff cherished the simpler days news for you. I am going to find the out. and the simpler ways of life. He also votes to override it, and he did. When I arrived in the Senate, Cliff appreciated the benefits that would It has been a great boon to our State. and Martha became role models for come from technology and innovation While Cliff was serving in the Senate, Diana and me. They blazed a trail to- and how they would improve cattle and I was serving as president of the Wyo- gether and we learned a good deal from crop production. Technology and inno- ming Jaycees. Diana and I were in watching how they did it. Diana and I vation, however, could never replace

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.072 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10650 CONGRESSIONAL RECORD — SENATE October 21, 2009 the basic ideals of working hard, being wife Bobbi and I wish to offer our deep- Mr. ENZI. Mr. President, I ask unani- of good character, and always keeping est condolences to the Hansen and the mous consent that the resolution be your word. Those were things that Mead families, to his beloved Martha, agreed to, the preamble be agreed to, could never be compromised. He has especially, his wife, as Senator ENZI and the motions to reconsider be laid left us all with a great legacy that will said, of over 75 years. Just last month upon the table en bloc, and that any continue to inspire and encourage oth- they celebrated their 75th wedding an- statements relating to the resolution ers to follow the path he leaves behind. niversary. She was with him to the be printed in the RECORD. With the passing of Cliff Hansen, the end. The PRESIDING OFFICER. Without political landscape and everyday life in Cliff Hansen is a legendary Wyoming objection, it is so ordered. Jackson Hole, WY, the West, and the figure, but to his family he was a dedi- The resolution (S. Res. 315) was United States has changed. Wyoming cated husband, father, a special grand- agreed to. has been blessed to have enjoyed a father and great-grandfather, and The preamble was agreed to. great history full of remarkable and someone who will be terribly missed. The resolution, with its preamble, colorful leaders in every sense of the He was born October 16, 1912. Prior to reads as follows: graduating from the University of Wy- word who have helped to settle this Na- S. RES. 315 oming, he worked for his parents on a tion, tame the West, and bring the Whereas Cliff Hansen worked as a cattle United States to the position of great- cattle ranch in Teton County. It was rancher and was inducted into the National ness and power it enjoys today. We owe there we can presume that Cliff Hansen Cowboy Hall of Fame as a ‘‘Great West- a lot to the great people of our past learned the manner and the skills that erner;’’ such as Cliff Hansen. Thanks to them, would take him from Wyoming to Whereas Cliff Hansen served as governor of our Nation and the world is a better Washington and back. the State of Wyoming from 1963–1967; place for us all to live. In 1962, Hansen was elected Governor Whereas Cliff Hansen served the people of of Wyoming. He served for 4 years. He Wyoming with distinction in the United Now this season of his life has come States Senate from 1967–1978; and to an end. The season he was born has believed he could do more for the peo- ple of Wyoming in Washington than he Whereas Cliff Hansen was the oldest former led to this season when he has died. Ev- Senator at the time of his death: Now, there- eryone who knew him will carry with could in Cheyenne. So he then ran and fore be it them a special memory of his life and won a seat in the Senate and was re- Resolved, That the Senate has heard with how the experience of knowing Cliff elected by an overwhelming margin in profound sorrow and deep regret the an- changed them forever for the better. He 1972. nouncement of the death of the Honorable These simple dates hardly tell the was a great gift in our lives and the Cliff Hansen, former member of the United story. Cliff Hansen was Wyoming’s States Senate. lives of people all across the country John Wayne—a proud, commonsense Resolved, That the Secretary of the Senate who may never have known him but cowboy who spoke to the hearts and communicate these resolutions to the House enjoyed the benefits of his labors. His the minds of a great State. of Representatives and transmit an enrolled great calling was to be a teacher and As we have the opportunity to reflect copy thereof to the family of the deceased. he taught us all a great deal about life Resolved, That when the Senate adjourns more on Governor Hansen’s passing, to by how he lived his own. So much of today, it stand adjourned as a further mark hear, as well, from his family, there my State bears his mark for his having of respect to the memory of the Honorable will be much more to say and remem- passed by. He will be greatly missed for Cliff Hansen. ber about his extraordinary legacy. But who and what he was. He will never be Mr. ENZI. I thank the Chair. I thank today, on the news of his passing to the forgotten for what he accomplished my colleague for his outstanding com- Kingdom of Heaven—a phrase he used during his 97 years of life. ments. with great reverence—I want to make Diana and all the Enzis and our dele- f sure his friends and his colleagues gation send our deepest sympathy, our know that God accepts home a great BOY SCOUTS OF AMERICA DAY great appreciation, and our love to man today. Martha and all the family. You will be Mr. DURBIN. Mr. President, I ask To his wife Martha, his son Pete Han- unanimous consent that the Judiciary in our thoughts and prayers. sen, his grandsons Matt and Brad and I thank the Chair and yield the floor. Committee be discharged from further their families, his granddaughter The PRESIDING OFFICER. The Sen- consideration of S. Res. 112 and the Muffy, the Nation, and Wyoming send ator from Wyoming is recognized. Senate proceed to its immediate con- Mr. BARRASSO. Mr. President, I join you our heartfelt condolences. We hope sideration. you and your family are comforted by Senator ENZI today on the floor to The PRESIDING OFFICER. Without share with our colleagues the profound his strength of character, his convic- objection, it is so ordered. The clerk sorrow that is felt all across the State tions, and his grace as a truly great will report the resolution by title. of Wyoming today as we mourn the man. The legislative clerk read as follows: I speak today for thousands—for tens death of a western American icon and a A resolution (S. Res. 112) designating Feb- of thousands—of people who knew and former Member of this body, the Sen- ruary 8, 2010, as ‘‘Boy Scouts of America who loved Cliff Hansen—all that he ate. Day,’’ in celebration of the 100th anniversary Cliff Hansen, Senator, Wyoming Gov- stood for, all that he today represents of the largest youth scouting organization in ernor, died last night, October 20, at that is good about our Nation, the the United States. home at his ranch in Jackson Hole, West, and Cliff’s beloved Wyoming. There being no objection, the Senate Mr. President, I yield the floor. proceeded to consider the resolution. WY. He was 97 years old. He was at the The PRESIDING OFFICER. The Sen- time of his death the oldest living Mr. DURBIN. I ask unanimous con- ator from Wyoming. sent the resolution be agreed to, the former Member of the Senate, a career Mr. ENZI. Mr. President, on behalf of preamble be agreed to, the motions to and a life that spanned nearly a cen- our entire delegation, I ask unanimous reconsider be laid upon the table, with tury of American history. But it wasn’t consent that the Senate proceed to the no intervening action or debate, and the length of time he spent on this immediate consideration of S. Res. 315, any statements related to the resolu- Earth that makes his life so unique and submitted earlier today. so meaningful to all of us who knew The PRESIDING OFFICER. The tion be printed in the RECORD. him and who respected him. It would clerk will report the resolution by The PRESIDING OFFICER. Without be difficult to tell the story of Wyo- title. objection, it is so ordered. ming without also describing the life The assistant bill clerk read as fol- The resolution (S. Res. 112) was and the time of Cliff Hansen. They are lows: agreed to. intertwined, a pioneer State and its pa- A resolution (S. Res. 315) relative to the The preamble was agreed to. triarch. death of Clifford Peter Hansen, former The resolution, with its preamble, If it is true, as many people say, that United States Senator for the State of Wyo- reads as follows: Wyoming is what America was, Cliff ming. S. RES. 112 Hansen is the independent spirit, the There being no objection, the Senate Whereas the Boy Scouts of America was in- rugged cowboy who made her great. My proceeded to consider the resolution. corporated by the Chicago publisher William

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.073 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10651 Boyce on February 8, 1910, after William pected to attend about 7,500 events de- lationships among children, youth, families, Boyce learned of the Scouting movement signed to raise awareness and support and adults; during a visit to London; for these much needed programs. Whereas high-quality afterschool programs Whereas, on June 21, 1910, a group of 34 na- In America today, 1 in 4 youth, more engage families, schools, and diverse commu- tional representatives met, developed orga- nity partners in advancing the well-being of nization plans, and opened a temporary na- than 15 million children, go home alone the Nation’s children; tional headquarters for the Boy Scouts of after the school day ends. This includes Whereas ‘‘Lights On Afterschool’’, a na- America in New York; more than 40,000 kindergartners and al- tional celebration of afterschool programs Whereas the purpose of the Boy Scouts of most 4 million middle school students held on October 22, 2009, highlights the crit- America is to teach the youth of the United in grades six to eight. On the other ical importance of high-quality afterschool States patriotism, courage, self-reliance, and hand, only 8.4 million children, or ap- programs in the lives of children, their fami- kindred values; proximately 15 percent of school-aged lies, and their communities; Whereas, by 1912, Boy Scouts were enrolled children, participate in afterschool Whereas more than 28,000,000 children in in every State; the United States have parents who work Whereas, in 1916, Congress granted the Boy programs. An additional 18.5 million outside the home and 15,100,000 children in Scouts of America a Federal charter; would participate if a quality program the United States have no place to go after Whereas each local Boy Scout Council were available in their community. school; and commits each Boy Scout to perform 12 hours Lights On Afterschool, a national Whereas many afterschool programs across of community service yearly, for a total of celebration of afterschool programs, is the United States are struggling to keep 30,000,000 community service hours each celebrated every October in commu- their doors open and their lights on: Now, year; nities nationwide to call attention to therefore, be it Whereas, since 1910, more than 111,000,000 the importance of afterschool pro- Resolved, That the Senate supports the people have been members of the Boy Scouts goals and ideals of ‘‘Lights On Afterschool’’, of America; grams for America’s children, families a national celebration of afterschool pro- Whereas Boy Scouts are found in 185 coun- and communities. Lights On After- grams. school was launched in October 2000 tries around the world; f Whereas the Boy Scouts of America will with celebrations in more than 1,200 present the 2 millionth Eagle Scout award in communities nationwide. The event COMMEMORATING WOMEN MEM- 2009; has grown from 1,200 celebrations in BERSHIP IN THE NATIONAL FFA Whereas more than 1,000,000 adult volun- 2001 to more than 7,500 today. This Oc- ORGANIZATION teer leaders selflessly serve young people in tober, 1 million Americans will cele- Mr. DURBIN. Mr. President, I ask their communities through organizations chartered by the Boy Scouts of America; brate Lights On Afterschool. unanimous consent the Senate now Whereas the adult volunteer leaders of the Quality afterschool programs should proceed to consideration of S. Res. 319, Boy Scouts of America often neither receive be available to children in all commu- submitted earlier today. nor seek the gratitude of the public; and nities. These programs support work- The PRESIDING OFFICER (Mr. Whereas the Boy Scouts of America en- ing families and prevent kids from BEGICH). The clerk will report the reso- deavors to develop United States citizens being both victims and perpetrators of lution by title. who are physically, mentally, and emotion- violent crime. They also help parents The legislative clerk read as follows: ally fit, have a high degree of self-reliance in balancing the work and home-life. A resolution (S. Res. 319) commemorating demonstrated by such qualities as initiative, 40 years of membership of women in the Na- courage, and resourcefulness, have personal Quality afterschool programs help to tional FFA Organization and celebrating the values based on religious concepts, have the engage students in their communities, achievements and contributions of female desire and skills to help others, understand and when students are engaged, they members of the National FFA organization. the principles of the social, economic, and are more successful in their edu- governmental systems of the United States, cational endeavors. There being no objection, the Senate take pride in the heritage of the United In our work on the Senate After- proceeded to consider the resolution. States and understand the role of the United school Caucus, Senator ENSIGN and I Mr. JOHANNS. Mr. President, I rise States in the world, have a keen respect for have been working for more than 5 today in support of this resolution to the basic rights of all people, and are pre- years to impress upon our colleagues commemorate 40 years of membership pared to participate in and give leadership to by women in the National FFA Organi- the society of the United States: Now, there- the importance of afterschool program- fore, be it ming. It is our hope that they will join zation and to celebrate the achieve- Resolved, That the Senate designates Feb- us on October 22 to celebrate the im- ments and contributions of female FFA ruary 8, 2010, as ‘‘Boy Scouts of America portance of afterschool programs in members. Day’’, in celebration of the 100th anniversary their communities back home. It was 40 years ago, during the 1969 of the largest youth scouting organization in Mr. DURBIN. I ask unanimous con- National FFA Convention, that dele- the United States. sent that the resolution be agreed to, gates voted to allow women to join the f the preamble be agreed to, the motions FFA. LIGHTS ON AFTERSCHOOL to reconsider be laid upon the table, Today, 41 percent of all members of with no intervening action or debate, the National FFA Organization are Mr. DURBIN. Mr. President, I ask and any statements related to the reso- women, and more than 50 percent of unanimous consent that the Senate lution be printed in the RECORD. leadership positions in the National proceed to the immediate consider- The PRESIDING OFFICER. Without FFA are held by women. ation of S. Res. 318 submitted earlier objection, it is so ordered. In my home State of Nebraska, more today. The resolution (S. Res. 318) was than 800 females have received their The PRESIDING OFFICER. The agreed to. American FFA Degrees, the highest clerk will report the resolution by The preamble was agreed to. honor that can be awarded to an FFA title. The resolution, with its preamble, member. The legislative clerk read as follows: reads as follows: To be eligible for the American De- A resolution (S. Res. 318) supporting S. RES. 318 gree, members must have earned and ‘‘Lights On Afterschool,’’ a national celebra- productively invested $7,500 through a tion of afterschool programs. Whereas high-quality afterschool programs provide safe, challenging, engaging, and fun supervised agricultural experience pro- There being no objection, the Senate learning experiences that help children and gram where FFA members live out proceeded to consider the resolution. youth develop their social, emotional, phys- their motto of learning by doing. Mr. DODD. Mr. President, today Sen- ical, cultural, and academic skills; American Degree recipients must ator ENSIGN and I are submitting a res- Whereas high-quality afterschool programs also make it their mission to dem- olution designating October 22, 2009, support working families by ensuring that onstrate outstanding leadership abili- Lights On Afterschool Day. Lights on the children in such families are safe and ties and community involvement. Afterschool brings students, parents, productive after the regular school day ends; More than 2,400 women in Nebraska Whereas high-quality afterschool programs educators, lawmakers, and community build stronger communities by involving the have been awarded State FFA Degrees and business leaders together to cele- Nation’s students, parents, business leaders, for their accomplishments in their brate afterschool programs. This year, and adult volunteers in the lives of the Na- local chapters and agricultural edu- more than 1 million Americans are ex- tion’s youth, thereby promoting positive re- cation classes.

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.021 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10652 CONGRESSIONAL RECORD — SENATE October 21, 2009 Nebraska also boasts more than 260 Mr. DURBIN. I suggest the absence of another 4 months have now passed. In female State Proficiency winners and 5 a quorum. violation of the Honest Leadership and female National Proficiency winners. The PRESIDING OFFICER. The Open Government Act, no Republican These students represent the best of clerk will call the roll. Senator has come forward in all this the best, having achieved the highest The legislative clerk proceeded to time to identify himself and specify a level of excellence in their chosen call the roll. reason for the hold. fields. Mr. DURBIN. Mr. President, I ask Judge Sessions is an extraordinary Ninety women in Nebraska have unanimous consent the order for the public servant. Judge Sessions has served as State FFA Officers, with 8 quorum call be rescinded. twice previously been confirmed unani- serving as President. Four Nebraska fe- The PRESIDING OFFICER. Without mously by the Senate to serve on the males have served as National FFA Of- objection, it is so ordered. Sentencing Commission. He has served with distinction for 10 years, and has ficers. These leaders have invested f their time and talents in building in- served as a vice chair of the Sentencing fluential relationships with members EXECUTIVE SESSION Commission. He is a distinguished U.S. and growing the Organization. Federal judge who has served for 14 The contributions of female members years and now serves as the chief judge have helped the National FFA Organi- EXECUTIVE CALENDAR for the District of Vermont. He is a zation to become a premier student Mr. DURBIN. Mr. President, I ask member of the Judicial Conference of leadership organization, comprised of unanimous consent the Senate proceed the United States, made up of the lead- more than 507,000 members in all 50 to executive session to consider Cal- ers of the Federal judiciary. He has states, Puerto Rico, and the Virgin Is- endar Nos. 132, 475, 476, 479, 485, 486; also contributed to his local commu- lands. that the nominations be confirmed en nity as a public defender, an adjunct The FFA’s mission is to make a posi- bloc, the motions to reconsider be laid law professor, and even as a coach of tive difference in the lives of students upon the table en bloc; that no further the local Little League team. A law- by developing their potential for pre- motions be in order; that any state- yer’s lawyer and a judge’s judge, he has mier leadership, personal growth, and ments relating to the nominations be earned the praise of both the prosecu- career success through agriculture edu- printed in the RECORD; provided further tion bar and the defense bar. cation. that the President be immediately no- Judge Sessions is eminently well Today I am proud to offer a resolu- tified of the Senate’s action; further, qualified to serve as the chair of the tion to recognize the positive contribu- that the cloture motion with respect to Sentencing Commission. I must say tions female members have made to Calendar No. 132 be withdrawn and the that in my numerous conversations achieve FFA’s goals of proficient agri- Senate then return to legislative ses- with Republican Senators and Repub- cultural leadership and advocacy, com- sion. lican Senate leaders during the last 6 munity citizenship, volunteerism, and The PRESIDING OFFICER. Without months, no one raised any dispute or cooperation. objection, it is so ordered. criticism or reason for this obstruction I congratulate the National FFA Or- The nominations considered and con- and delay. ganization for 40 years of membership firmed en bloc are as follows: This is most unfortunate because some of us have worked very hard to by women and for its role in developing UNITED STATES SENTENCING COMMISSION tomorrow’s leaders. move beyond the era when delays in William K. Sessions III, of Vermont, to be nominations to fill vacancies on the Mr. DURBIN. I ask unanimous con- Chair of the United States Sentencing Com- sent the resolution be agreed to, the mission. Sentencing Commission got so bad and preamble be agreed to, the motions to William E. Spriggs, of Virginia, to be an extended so long that it drew the at- reconsider be laid upon the table. Assistant Secretary of Labor. tention of the Chief Justice of the The PRESIDING OFFICER. Without Joseph A. Main, of Virginia, to be Assist- United States in his annual reports in objection, it is so ordered. ant Secretary of Labor for Mine Safety and 1997 and 1998. I have worked with the The resolution (S. Res. 319) was Health. Republican chairmen and ranking agreed to. DEPARTMENT OF ENERGY members on the Judiciary Committee The preamble was agreed to. Jose Antonio Garcia, of Florida, to be Di- and consistently protected their rights The resolution, with its preamble, rector of the Office of Minority Economic and interests. I have treated their rec- reads as follows: Impact, Department of Energy, vice Theresa ommended nominees with respect and Alvillar-Speake, resigned. S. RES. 319 shown them support. I worked to break Whereas the National FFA Organization is DEPARTMENT OF THE INTERIOR the impasse in the Republican-led Sen- a premier student leadership organization Marcia K. McNutt, of California, to be Di- ate by working across the aisle and with more than 507,000 members in all 50 rector of the United States Geological Sur- with the White House to develop a States, Puerto Rico, and the Virgin Islands; vey. slate of nominees, Republican, Demo- Whereas the mission of the National FFA DEPARTMENT OF ENERGY cratic and independent, that was con- Organization is to make a positive difference Arun Majumdar, of California, to be Direc- firmed as a group. Thereafter, I have in the lives of students by developing their tor of the Advanced Research Projects Agen- worked conscientiously with the lead potential for leadership, personal growth, cy—Energy, Department of Energy. and career success through agricultural edu- Republican on the Judiciary Com- cation; NOMINATION OF WILLIAM K. SESSIONS III mittee to fill vacancies appropriately Whereas women were first admitted as Mr. LEAHY. Mr. President, today, as they arose. members of the National FFA Organization the Senate is taking action long de- Most recently, I worked even during in 1969 at the 42nd Annual National FFA layed by an anonymous Republican the last weeks of the Bush administra- Convention; hold. That hold has extended for al- tion to have the Judiciary Committee Whereas, by 2009, 41 percent of all members most 6 months without explanation. I report and the Senate confirm two of the National FFA Organization were have spoken repeatedly to the Repub- nominees recommended and supported women, and more than 50 percent of leader- ship positions in the National FFA Organiza- lican leader, the assistant Republican by Senate Republicans. William Carr, a tion were held by women; and leader, and the ranking Republican on recommendation from the ranking Re- Whereas female members have made posi- the Senate Judiciary Committee. No publican on the Judiciary Committee, tive contributions to the goals of the Na- one has given me any explanation for was confirmed on November 20, 2008, tional FFA Organization, including pro- the hold. When the Senate majority weeks after the Presidential election, ficient agricultural leadership and advocacy, leader asked back in early June to pro- and now serves as a vice chair. We also community citizenship, volunteerism, and ceed to the nomination that was re- proceeded to confirm to another term cooperation: Now, therefore, be it ported without objection by the Senate Judge Ricardo Hinojosa, who I sup- Resolved, That the Senate congratulates the National FFA Organization for 40 years Judiciary Committee on May 7, the Re- ported when he was nominated to the of membership by women and celebrates the publican leader objected, saying ‘‘we Commission by his friend President achievements and contributions of female have not had an opportunity to get Bush in January 2003, when he was members of the National FFA Organization. that cleared.’’ They had had a month; nominated and confirmed as chair in

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Without have chosen to respond to our having ture motion having been filed under objection, it is so ordered. proceeded with those confirmations in rule XXII, the Chair directs the clerk November 2008 to the Sentencing Com- to read the motion. f mission and to my years of cooperative The legislative clerk read as follows: PROGRAM efforts by resorting to delay and ob- CLOTURE MOTION Mr. REID. Senators should expect struction. They have refused to allow We, the undersigned Senators, in accord- the Senate to consider the nomination ance with the provisions of rule XXII of the the first vote tomorrow to occur at of Judge Sessions to serve as chair of Standing Rules of the Senate, hereby move 11:45 a.m. to bring to a close debate on the motion to the Sentencing Commission for the last f several months. proceed to Calendar No. 174, H.R. 3548, the I commend Judge Sessions for his pa- Unemployment Compensation Extension Act ADJOURNMENT UNTIL 9:30 A.M. of 2009. tience, determination and sense of pub- Harry Reid, Patty Murray, Mark Udall, TOMORROW lic service. I thank the majority leader Roland W. Burris, Mark Begich, Byron Mr. REID. If there is no further busi- for proceeding to file the cloture peti- L. Dorgan, Frank R. Lautenberg, Amy ness to come before the Senate, I ask tion last night that is finally resulting Klobuchar, Bill Nelson, Jack Reed, unanimous consent that it adjourn in Senate action on this important Carl Levin, Jeff Bingaman, Bernard under the provisions of S. Res. 315, as a nomination. Sanders, Sherrod Brown, Sheldon Whitehouse, Barbara Boxer, Kirsten E. mark of further respect to the late f Gillibrand, Richard Durbin. former Senator Clifford Peter Hansen LEGISLATIVE SESSION Mr. REID. I ask unanimous consent of Wyoming. There being no objection, the Senate, The PRESIDING OFFICER. The Sen- that the mandatory quorum be waived. at 7:50 p.m., adjourned until Thursday, ate will resume legislative session. The PRESIDING OFFICER. Without October 22, 2009, at 9:30 a.m. Mr. DURBIN. I suggest the absence of objection, it is so ordered. a quorum. Mr. REID. I now withdraw the mo- f The PRESIDING OFFICER. The tion to proceed. clerk will call the roll. The PRESIDING OFFICER. The mo- CONFIRMATIONS The legislative clerk proceeded to tion is withdrawn. Executive nominations confirmed by call the roll. f the Senate, Wednesday, October 21, Mr. REID. I ask unanimous consent ORDERS FOR THURSDAY, OCTOBER 2009: that the order for the quorum call be 22, 2009 DEPARTMENT OF LABOR rescinded. Mr. REID. Mr. President, I ask unan- WILLIAM E. SPRIGGS, OF VIRGINIA, TO BE AN ASSIST- The PRESIDING OFFICER. Without ANT SECRETARY OF LABOR. objection, it is so ordered. imous consent that when the Senate JOSEPH A. MAIN, OF VIRGINIA, TO BE ASSISTANT SEC- Mr. REID. Mr. President, are we in a completes its business today, it ad- RETARY OF LABOR FOR MINE SAFETY AND HEALTH. period of morning business? journ until tomorrow at 9:30 a.m., DEPARTMENT OF ENERGY The PRESIDING OFFICER. Yes, we Thursday, October 22; that following JOSE ANTONIO GARCIA, OF FLORIDA, TO BE DIRECTOR OF THE OFFICE OF MINORITY ECONOMIC IMPACT, DE- are. the prayer and pledge, the Journal of PARTMENT OF ENERGY. Mr. REID. I thank the Chair. proceedings be approved to date, the DEPARTMENT OF THE INTERIOR f morning hour be deemed expired, the time for the two leaders be reserved for MARCIA K. MCNUTT, OF CALIFORNIA, TO BE DIRECTOR UNEMPLOYMENT COMPENSATION OF THE UNITED STATES GEOLOGICAL SURVEY. their use later in the day, and there be DEPARTMENT OF ENERGY EXTENSION ACT OF 2009—MOTION a period of morning business for an TO PROCEED ARUN MAJUMDAR, OF CALIFORNIA, TO BE DIRECTOR hour, with Senators permitted to speak OF THE ADVANCED RESEARCH PROJECTS AGENCY—EN- CLOTURE MOTION for up to 10 minutes each, with the ERGY, DEPARTMENT OF ENERGY. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Mr. REID. Mr. President, we are try- time equally divided and controlled be- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ing to work something out on an unem- tween the two leaders or their des- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ployment compensation extension. We ignees, with the majority controlling CONSTITUTED COMMITTEE OF THE SENATE. are being as fair and reasonable as we the first half and the Republicans con- UNITED STATES SENTENCING COMMISSION can. We have exchanged papers with trolling the second half; that following WILLIAM K. SESSIONS III, OF VERMONT, TO BE CHAIR the minority. We hope they will come morning business, the Senate resume OF THE UNITED STATES SENTENCING COMMISSION. back with a reasonable number of consideration of the conference report THE JUDICIARY amendments on which we can move to accompany H.R. 2647, the Depart- ROBERTO A. LANGE, OF SOUTH DAKOTA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF SOUTH forward. ment of Defense authorization bill, and DAKOTA.

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EXPRESSING SYMPATHY FOR THE ice member, Lieutenant Colonel Joseph Zinno. vance Delaware’s effort in gaining a National CITIZENS OF THE PHILIPPINES During a terrific storm in 1946, Lt. Col. Zinno Park. With the introduction of the First State DEALING WITH TROPICAL STORM successfully landed a plane carrying the mem- National Historical Park Act, Delaware is one KETSANA AND TYPHOON PARMA bers of the Sharon Rogers All-Girl Band, a step from realizing this goal. A National Histor- USO sponsored orchestra which performed for ical Park that takes visitors to sites rich in his- SPEECH OF American troops serving in East Asia. tory throughout Delaware will greatly enhance HON. DINA TITUS Born in Providence, Rhode Island, in 1923, the public’s understanding of all the First State Lt. Col. Zinno developed a fascination with has to offer—putting us firmly on the ‘‘park’’ OF NEVADA flight as a child and was often seen sketching map once and for all. IN THE HOUSE OF REPRESENTATIVES planes on spare pieces of paper or sneaking I look forward to working with my colleagues Wednesday, October 14, 2009 to the local airport hangar to watch the occa- in the House and Senate in passing this im- Ms. TITUS. Mr. Speaker, I rise today in sup- sional take-off. His passion for aviation led him portant legislation. port of H.R. 800. I am proud to be a cospon- to the Army Air Corps. After earning his wings f sor of this important resolution which ex- and bars in 1944, Lt. Col. Zinno began his first presses sympathy to the people and commu- assignment with the 63rd Troop Carrier Group ACKNOWLEDGING PAULA CAMP- nities in the Philippines who are still struggling in Sedalia, Missouri, part of my home district. BELL’S SERVICE TO CALIFOR- to recover from Tropical Storm Ketsana and Lt. Col. Zinno’s skill as an aviator came to NIA’S EDUCATION Typhoon Parma. I thank my friend, Congress- a test on January 20, 1946, when he was or- woman SPEIER, for introducing this legislation. dered to ferry the Sharon Rogers All-Girl Band HON. TOM McCLINTOCK I am honored to represent a large and vi- from Seoul, Korea, to Tokyo, Japan. When Lt. OF CALIFORNIA brant Filipino community in Southern Nevada, Col. Zinno flew through a treacherous thunder- IN THE HOUSE OF REPRESENTATIVES head, his C–46 dropped 3,500 feet in a matter many of whom have families that were im- Wednesday, October 21, 2009 pacted by these natural disasters. My thoughts of seconds. Remaining calm, the courageous and prayers go out to the Filipino community pilot navigated the storm with little visibility Mr. MCCLINTOCK. Madam Speaker, I rise of Southern Nevada during this time of turmoil. and safely landed the plane in the to acknowledge Paula Campbell, the out-going Today, I am privileged to join with members Shimonoseki Strait, a strip of water littered president of the California School Boards As- of the House in solidarity with the people of with mines and high tension wires. With every sociation, for her continuous efforts on behalf the Philippines as they begin the process of passenger and crew member alive and safe, a of education throughout her community of Ne- rebuilding their communities after these horrific Japanese fishing boat brought the orchestra vada County as well as my district and the en- events. During these two disasters, Southeast and flight crew to safe ground. tire state of California. Asia was the victim of some of the worst Madam Speaker, Lieutenant Colonel Joseph Mrs. Campbell began her career with the flooding the world has ever seen. In some Zinno has distinguished himself throughout his Nevada County School Board in 1992 where areas, 60 percent of the land was completely long career as a talented and courageous she served as president for five terms. Her submerged and entire villages were washed pilot. His nerves of steel and gutsy determina- success at the local level was rewarded in away. As the rebuilding begins, we stand in tion may well have saved the lives of the 2003 with her election to the state Board of strength and solidarity with the Philippines. Sharon Rogers All-Girl Band. I trust that the Directors. And yet again her dedication and Unfortunately, these storms have also Members of the House will join me in honoring commitment to success were well recognized; claimed the lives of hundreds of Filipinos. I this brave pilot for his contributions to our Paula Campbell was elected president of the send my most sincere condolences to their country. California School Boards Association. families. The full effect that these storms have f Paula’s service has been instrumental to the had will not be known for some time, and our advancement of education in California. Thank prayers for the safety of those affected will INTRODUCING THE FIRST STATE you Paula. NATIONAL HISTORICAL PARK ACT continue. f I know that the residents of the Philippines are strong willed and resilient, and will quickly HON. MICHAEL N. CASTLE KOREA’S MESSAGE OF SUPPORT FROM GOVERNOR KIM TO THE rebuild their communities. I encourage our De- OF DELAWARE PEOPLE OF AMERICAN SAMOA IN partment of State to reach out to the Phil- IN THE HOUSE OF REPRESENTATIVES AFTERMATH OF DEVASTATING ippine government and offer assistance as Wednesday, October 21, 2009 needed. I am proud that the United States TSUNAMI Armed Forces have been assisting in the re- Mr. CASTLE. Madam Speaker, I am covery and thank them for their vital efforts. It pleased to join Senators CARPER and KAUF- HON. ENI F.H. FALEOMAVAEGA is important that our two nations stand to- MAN in introducing the First State National His- OF AMERICAN SAMOA gether in efforts to rebuild and stabilize the ef- torical Park Act, which authorizes a National IN THE HOUSE OF REPRESENTATIVES Historical Park in Delaware. The U.S. National fected regions. Wednesday, October 21, 2009 Today, the United States House of Rep- Park Service concluded its Special Resource resentatives stands united with the Filipino Study in January 2009 and recommended that Mr. FALEOMAVAEGA. Madam Speaker, I Community in the Philippines and around the such a park be created in Delaware. The Na- submit the following message of support sub- world. I urge adoption of this resolution. tional Historical Park would be in partnership mitted by Governor of Jeollabuk-do Province f with the State celebrating Delaware’s early Kim Wan-Joo of the Republic of Korea in re- Dutch, Swedish and English Settlements and sponse to the massive tsunami that struck TRIBUTE TO LIEUTENANT the events leading up to the state’s role in the American Samoa on Tuesday, September 29, COLONEL JOSEPH ZINNO founding of our nation; it will be comprised of 2009. sites associated with early settlement and the OCTOBER 1, 2009. HON. IKE SKELTON people and events leading up to the signing of Hon. ENI F.H. FALEOMAVAEGA, the U.S. Constitution. Chairman, Subcommittee on Asia, the Pacific OF MISSOURI and the Global Environment, Committee on IN THE HOUSE OF REPRESENTATIVES From recreation to exploring history and cul- Foreign Affairs, House of Representatives. ture, and discovering the natural resources, Wednesday, October 21, 2009 HONORABLE ENI FALEOMAVAEGA, On behalf the benefits of the National Parks Service are of Jeollabuk-do, please accept my warmest Mr. SKELTON. Madam Speaker, let me many. I have been pleased to work over the thanks for your visit to be appointed an Hon- take this time to honor a great American serv- last several years with Senator CARPER to ad- orary Citizen and Goodwill Ambassador.

∑ 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 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.001 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2590 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 2009 There is no doubt that you have enriched PERSONAL EXPLANATION Account: ACOE—Construction Jeollabuk-do with your works, speech and Legal Name of Requesting Entity: Army spirit. For that reason, the value of such vis- HON. NITA M. LOWEY Corps of Engineers its is immeasurable and we truly appreciate Address of Requesting Entity: The Wana- the opportunity to have you as one of us. OF NEW YORK maker Building, 100 Penn Square East, Phila- IN THE HOUSE OF REPRESENTATIVES It’s only been less than a month since we delphia, PA, 19107 shared our celebratory nights with Samoan Wednesday, October 21, 2009 Description of Request: $969,000 for the soldiers. We were overwhelmed by their and your spiritual reunion and warm hearts.I was Mrs. LOWEY. Madam Speaker, I regrettably periodic renourishment of Rehoboth Beach mournful with the latest and yet tragic news missed rollcall vote No. 790, 791, and 792 on and Dewey Beach in Sussex County, Dela- of the earthquake and the tsunami. My deep- October 20, 2009. Had I been present, I would ware. The purpose of the project is to reduce est sympathies are with American Samoans have voted in the following manner: flood and coastal storm damage. and other Samoans who have lost loved ones, Rollcall No. 790: ‘‘yea’’; rollcall No. 791: Name of Project: Harbor of Refuge, Lewes, especially with Samoan soldiers in Korea ‘‘yea’’; rollcall No. 792: ‘‘yea.’’ DE and with you. There is no doubt that you are Requesting Member: MICHAEL N. CASTLE f the sons of warriors. I know you will only be Bill Number: H.R. 3183 stronger. I hope that Samoa is in good hands HONORING THE LIFE AND SERVICE Account: ACOE—O&M and will recover sooner and better. You and Legal Name of Requesting Entity: Army Samoa are in my thoughts and prayers. SERGEANT TIMOTHY SMITH OF Sincerely yours, SOUTH LAKE TAHOE, CA Corps of Engineers KIM WAN-JOO, Address of Requesting Entity: The Wana- Governor, Jeollabuk-do Province. HON. TOM McCLINTOCK maker Building, 100 Penn Square East, Phila- delphia, PA, 19107 OF CALIFORNIA f Description of Request: $100,000 to repair IN THE HOUSE OF REPRESENTATIVES and re-enforce the federally owned offshore EARMARK DECLARATION Wednesday, October 21, 2009 Harbor of Refuge Breakwater wall that has Mr. MCCLINTOCK. Madam Speaker, I rise been badly damaged and weakened by HON. JEFF FORTENBERRY today to honor Timothy Smith of South Lake storms. The purpose of the project is to re- Tahoe, CA, who was killed in the line of duty store the historic breakwater itself and preser- OF NEBRASKA on April 7, 2008. Tim is survived by his wife vation of the lighthouse, which provides sound storm protection for marine interests and ero- IN THE HOUSE OF REPRESENTATIVES Shayna Richard-Smith, their son Riley, his parents, Patricia and Michael, his brother sion protection for the Lewes/Cape Henlopen Wednesday, October 21, 2009 Tom, and his sister Jackie. area shoreline. Mr. FORTENBERRY. Madam Speaker, pur- Tim graduated from South Tahoe High f suant to the Republican leadership standards School in 2001 and joined the Army in April EARMARK DECLARATION on Member requests, I am submitting the fol- 2004. He will always be remembered for his lowing information regarding the earmarks I sense of humor, his warmth, and his great courage. Senator HARRY REID, on the floor of HON. CHRISTOPHER H. SMITH received as part of the FY10 Agriculture Ap- OF NEW JERSEY propriations Conference Report: the United States Senate, called Tim Smith ‘‘a hero—a real-life American hero—who gave his IN THE HOUSE OF REPRESENTATIVES Requesting Member: Congressman JEFF life so that others might be safe.’’ Wednesday, October 21, 2009 FORTENBERRY Timothy Smith gave the ultimate sacrifice, Mr. SMITH of New Jersey. Madam Speaker, Bill Number: H.R. 2997, FY10 Agriculture may we never forget. Appropriations Conference Report pursuant to the Republican Leadership stand- f ards on earmarks, I am submitting the fol- Account: Agricultural Research Services— EARMARK DECLARATION lowing information regarding earmarks I re- Buildings and Facilities ceived as part of the FY 10 Energy and Water Project Name: Systems Biology Research Development Appropriation Act. Facility, Lincoln, Nebraska HON. MICHAEL N. CASTLE Requesting Member: Rep. CHRISTOPHER H. Amount: $3,760,000 OF DELAWARE SMITH Name and Address of Requesting Entity: IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3183 University of Nebraska—Lincoln, located at Wednesday, October 21, 2009 Delaware River Dredging Material Utilization Account: Army Corps of Engineers—Inves- 202 Agricultural Hall, Lincoln, Nebraska Mr. CASTLE. Madam Speaker, pursuant to 68583. tigations the House Republican standards on earmarks, Legal Name of Requesting Entity: Army Description: This funding will be used to- I am submitting the following information re- Corps of Engineers ward construction of a University of Ne- garding funding for Delaware included as part Address of Requesting Entity: The Wana- braska—Lincoln, UNL/Agricultural Research of the final conference report for the FY 2010 maker Building, 100 Penn Square East, Phila- Service, ARS, Research Facility. This facility Energy and Water Development Appropria- delphia, PA 19107–3390. would provide critically needed space for UNL tions Act, H.R. 3183: Description: Evaluate problems, needs, and and ARS research addressing two areas of Name of Project: Delaware Coast, Cape opportunities in the interest of beneficial use of national concern: renewable energy and water Henlopen to Fenwick Island, Bethany Beach dredged material. This project will provide eco- resource conservation and management. Agri- to South Bethany, DE system restoration and improve water quality culture is expected to provide almost 40 per- Requesting Member: MICHAEL N. CASTLE in the vicinity of the Delaware River between cent of the nation’s liquid fuels within 30 Bill Number: H.R. 3183 Philadelphia and Trenton. years. This will further intensify demands on Account: ACOE—Construction Financial Statement: A reconnaissance our soil and water resources. UNL and ARS Legal Name of Requesting Entity: Army study is 100% federally funded. The States of scientists have been collaborating at UNL Corps of Engineers Delaware, New Jersey and Commonwealth of since the 1930s. Very strong collaborative pro- Address of Requesting Entity: The Wana- Pennsylvania will be the non-Federal sponsors grams continue today, including the ARS pro- maker Building, 100 Penn Square East, Phila- and will provide current site conditions data in gram at UNL that has been developing im- delphia, PA, 19107 this phase, and will contribute half of all sub- proved switchgrass varieties for 30 years and Description of Request: $969,000 for the sequent study costs. is the leading program in the world on the use periodic renourishment of the Bethany Beach/ New Jersey Shoreline Alternative Long- of switchgrass for cellulosic ethanol. These South Bethany project area in Sussex County, Term Nourishment scientists are scattered across the UNL cam- Delaware. The purpose of this project is to re- Account: Army Corps of Engineers—Inves- pus and the proposed building will enable duce flood and coastal storm damage. tigations them to share collaborative, cutting-edge re- Name of Project: Delaware Coast, Cape Legal Name of Requesting Entity: Army search space that will move this important re- Henlopen to Fenwick Island, Rehoboth Beach Corps of Engineers search forward more rapidly. This project and Dewey Beach, DE Address of Requesting Entity: The Wana- would advance major research focused on es- Requesting Member: MICHAEL N. CASTLE maker Building, 100 Penn Square East, Phila- sential national efforts. Bill Number: H.R. 3183 delphia, PA 19107–3390.

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.004 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2591 Description: Continue the evaluation of New played under the legendary Coach Paul Judge Hobbs is married and has two chil- Jersey’s coastal projects, including the dif- ‘‘Bear’’ Bryant. After graduating from the Uni- dren and seven grandchildren with one on the ferent reaches of beach replenishment versity of Alabama in 1963 with a degree in way and is a member of the Brushy Creek projects, as a system to ensure maximum business administration, Jim entered the U.S. Baptist Church. benefits are achieved from the Federal invest- Army and served as a second lieutenant in f ment and reduce long-term periodic nourish- Germany. He was later promoted to captain ment costs. after being reassigned to Fort Campbell, Ken- SUPPORT THE MOTOR VEHICLE Financial Statement: New Jersey Depart- tucky. OWNERS RIGHT TO REPAIR ACT ment of Environmental Protection is the non- After an honorable discharge, Jim worked Federal sponsor and provides their portion of for his father at Trail Cadillac-Pontiac before HON. EDOLPHUS TOWNS the study costs. starting on his own dealership, Trail Pontiac OF NEW YORK f on Dauphin Street. Later, Jim acquired the IN THE HOUSE OF REPRESENTATIVES Mercedes-Benz and GMC Truck franchises, Wednesday, October 21, 2009 HONORING POLICE CHIEF MICHAEL which he eventually merged with his brother’s J. CARROLL Cadillac dealership, forming McConnell Auto- Mr. TOWNS. Madam Speaker, I rise today motive Corporation. Jim was also a partner in to discuss a problem that many of us, and HON. JIM GERLACH the new Mercedes-Benz of Mobile. many of our constituents, often face, a prob- OF PENNSYLVANIA Jim served on the General Motors Dealer lem that be easily resolved with legislation that NNA SHOO IN THE HOUSE OF REPRESENTATIVES Advisory Board and as president of the Buick- I, joined by Representatives A E and Pontiac-GMC area marketing group for 20 GEORGE MILLER, have reintroduced. HR 2057, Wednesday, October 21, 2009 years. He received numerous awards as a The Motor Vehicle Owners’ Right to Repair Mr. GERLACH. Madam Speaker, I rise General Motors Master Dealer and Mercedes Act, ensures that motoring consumers have today along with my colleagues representing Benz Diamond Dealer. He was a member of the ability to choose where, how and by whom Chester County, Congressmen JOE PITTS and the Red Elephant Club, served on the Senior they have their vehicles repaired and serviced, JOE SESTAK, to congratulate West Goshen Bowl committee and was active in a number even those recently out of warranty. Township Police Chief Michael J. Carroll on of other civic and community organizations. In Vehicles that are 1994 and newer are his induction as President of the International short, Jim McConnell was always giving back equipped with computers that control most of Association of Police Chiefs in Denver, Colo- to the city he loved and called home. the vehicles’ systems, from air bags and rado on October 7, 2009. Madam Speaker, I ask my colleagues to join brakes, to tire pressure, oil changes, elec- The tremendous honor of being selected by me in remembering a dedicated and generous tronics, ignition systems and keys. In fact, his peers to lead the 106-year-old nonprofit or- community leader and a dear friend to many. there are more computers on today’s vehicles ganization that promotes professionalism and Jim McConnell will be deeply missed by his than were on the Apollo 11 moon mission. global policing is just the latest accomplish- family—his wife, Cynde; his sons, Mitch Independent repair shops, which comprise a ment in Chief Carroll’s distinguished 43-year McConnell, Stan McConnell, Vince McConnell large number of the small businesses in all of law enforcement career. He is a Past Presi- and Baker McConnell; his mother, Mary Lou- our districts, are experiencing a great deal of dent of the Pennsylvania Chiefs of Police As- ise McConnell; his brother Eddie McConnell; difficulty in locating and obtaining the informa- sociation and Chester County Police Chiefs his sister, Mary Lou Layden; and his four tion, tools and software needed to completely Associations and has been inducted into the grandchildren—as well as his many friends, repair late model vehicles. These shops often International Police Association Hall of Fame. colleagues, and patrons. must turn away their valued customers, forcing The lengthy list of accolades is a testament Mobile—and indeed our entire state—lost a them to return to new car dealerships, which, to Chief Carroll’s outstanding leadership and true leader for our area and our thoughts and on average, are 34 percent more expensive. commitment to the department he runs and prayers are with this family at this difficult Not only is that a loss of business for the over the community he protects. He has earned the time. 200,000 independent repair shops in our na- respect of his fellow officers for his passion for f tion, but it is a financial burden for our con- stituents. police work, determination to solve even the RECOGNIZING JUDGE JUDY I have heard several complaints in my office most difficult cases and drive to provide the SCHIER HOBBS highest-quality training and resources for all of problems that independent repair shops officers. have experienced in repairing later model ve- Madam Speaker, I ask that my colleagues HON. JOHN R. CARTER hicles. One independent aftermarket techni- join me today in honoring Police Chief Michael OF TEXAS cian in New York was attempting to diagnose IN THE HOUSE OF REPRESENTATIVES J. Carroll for earning this prestigious inter- a Subaru and was told that the car company national post and for his exemplary service to Wednesday, October 21, 2009 would not sell the independent repair shop the the residents of Chester County, Pennsyl- Mr. CARTER. Madam Speaker, I would like proper tools needed to diagnose and repair a vania. to recognize the Honorable Judy Schier drivability problem. f Hobbs, Justice of the Peace for Precinct 4 in Another New York repair shop was told they Williamson County, who was awarded ‘‘Judge would have to wait up to two days to obtain HONORING THE MEMORY OF of the Year’’ by the Texas Justice Court the software from Ford needed to update the JAMES VINCENT MCCONNELL, JR. Judges Association (TJCJA) at their annual computer on a Ford Escape. The repairer had 2009 Education Conference in Austin, Texas. to pay for towing and then pay the new car HON. JO BONNER The state-wide award was presented at the dealership a fee. OF ALABAMA Awards Luncheon during the four-day con- I have another example from Massachu- IN THE HOUSE OF REPRESENTATIVES ference at the Austin Hyatt Regency on Lady setts. But you get the point. 82% of car owners and 94% of independent Wednesday, October 21, 2009 Bird Lake. Texas Justice Court Judges Association is repair shops indicate that they favor the pas- Mr. BONNER. Madam Speaker, earlier this an organization representing Justice Court sage of this bill. It allows repair shops to offer week the city of Mobile lost a dear friend and Judges and Clerks across the State of Texas. their clients better service and doesn’t cost the a respected leader and I rise today to honor Judge Hobbs was awarded the ‘‘Judge of taxpayers or the government any money. In- Mr. James Vincent ‘‘Jim’’ McConnell Jr. and the Year’’ by the Central Texas Justices of the stead, it’s a way that we can provide afford- pay tribute to his memory. Jim was a success- Peace and Constables Association earlier this able choices to car owners who continue to ful businessman, an active citizen and a dedi- year. struggle in this difficult economy. cated soldier who years earlier answered his Judge Hobbs is a lifelong resident of Pre- The car companies have argued that this bill country’s call to serve. He will be remembered cinct Four in Williamson County with a rich would lead to infringements on their intellec- as a man devoted to his family, his country history of community service and was ap- tual property. HR 2057 does NOT request or and his community. pointed and sworn to office May 15, 1982. require proprietary information and I have in- A native of Pensacola, Jim moved to Mobile She is a Lifetime member of the Texas Justice serted language to ensure that. Similar legisla- as a teenager and graduated from Murphy Court Judges Association and Central Texas tion has been passed in the California state High School. He received a football scholar- Justices of the Peace and Constables Asso- legislature, and there were no breaches of ship to the University of Alabama in 1959 and ciation. proprietary information; the only result was

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K21OC8.004 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2592 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 2009 that emissions systems were repaired faster TRIBUTE TO BETTY TAYMOR vention. One such company is O’Fallon Cast- and better. It’s time that Congress keep our ing; located in my district, they will celebrate motoring constituents in the drivers’ seat when HON. MICHAEL E. CAPUANO their 6-year anniversary on Friday October 23. it comes to repairing their vehicles, and it’s OF MASSACHUSETTS Once a division of Hitchiner Manufacturing, Co. O’Fallon Casting has roots dating back 40 time we helped ensure the economic survival IN THE HOUSE OF REPRESENTATIVES of the small, independent repair shops that years in Missouri. But today it has shed its tra- Wednesday, October 21, 2009 have been so good to our constituents. ditional past and transformed itself into a mod- Mr. CAPUANO. Madam Speaker, I rise to ern, high tech industry leader positioned for Please join with me, Congresswoman ANNA pay tribute to a distinguished constituent, Betty growth in the future. Proving that despite an ESHOO and Congressman GEORGE MILLER, to increasingly competitive world economy, inno- give our constituents a choice of where to re- Taymor, who will be honored this week at the vative U.S. manufacturers can and do suc- pair their cars. University of Massachusetts. Her visionary leadership is responsible for the creation of cessfully compete in the global market. the Center for Women in Politics and Public With the support of ownership, O’Fallon’s f Policy at their McCormack Graduate School of management team has incorporated modern EXPRESSING SYMPATHY FOR THE Policy Studies, and a scholarship fund has automation of the material handling and pro- CITIZENS OF THE PHILIPPINES been created in her name. duction systems. Additionally, compression DEALING WITH TROPICAL STORM Her lifetime of civic engagement serves as straightening of castings has been imple- KETSANA AND TYPHOON PARMA an inspiration to us all. My colleagues in the mented with four workstations feeding to a sin- Massachusetts delegation have joined in a let- gle, custom, 500-ton press. The company’s ter of congratulation that I would like to read goal is to provide their customers with access SPEECH OF into the RECORD. This is what we wrote to Ms. to cutting edge technologies. Taymor: Employing 169 people in O’Fallon, Missouri, HON. DORIS O. MATSUI The Massachusetts delegation to the House over the past six years the company has also OF CALIFORNIA of Representatives joins in tribute to you as pursued a number of environmentally friendly your friends and colleagues gather to cele- initiatives including high-efficiency lighting and IN THE HOUSE OF REPRESENTATIVES brate your extraordinary achievements. You in-house recycling of water, wax and metal. In Wednesday, October 14, 2009 have indeed run against many prevailing 2004, O’Fallon Casting was recognized by the winds, and been energized, not subdued, by State of Missouri with a prestigious Gold Ms. MATSUI. Mr. Speaker, I rise today to the challenges you’ve overcome. Award for its water recycling and waste treat- pay tribute to the hundreds of Samoans and We recommend your inspiring book, Run- ning against the Wind, to anyone who seeks ment efforts. The City of O’Fallon named the Filipinos who tragically lost their lives in the to understand the progress made by Amer- company ‘‘Manufacturer of the Year’’ in 2005. natural disasters that ravaged the islands of ican women in the second half of the last Throughout my tenure in Congress I have the South Pacific and Southeast Asia. I also century. You entered public service as a vol- fought to reduce the tax and regulatory burden recognize the incredible resolve of the sur- unteer, an honorable role shared by many this government places on American business vivors of these catastrophes as they begin to idealistic women throughout our history and and manufacturing as a way to encourage rebuild their communities. crucial to the abolition of slavery and the companies, like O’Fallon Casting, who are re- emancipation of women. During the Second sponsible for creating the jobs that employ all We are still assessing the total devastation World War, you joined with others on the caused by Tropical Storm Ketsana and Ty- home front in the important work of the Red our constituents. I’m honored to represent the phoon Parma in the Philippines, and by the Cross. Later, you sought and won positions company and its 169 employees in this earthquakes and tsunamis in American of greater responsibility and authority, in House, and congratulate them on their sixth Samoa, Samoa, and Tonga. These natural Massachusetts and in the national Demo- anniversary. I pray I will be able to celebrate disasters have claimed hundreds of lives, cratic Party. many more such days with them for many damaged or destroyed thousands of homes, You were a personal mentor to many, but years to come. you wanted to do more. With characteristic and have left countless people without basic f energy, you created an institutional embodi- necessities, such as clean water, adequate ment of your example in the Program for THE NEED TO ACKNOWLEDGE AND food, and essential health care. Women in Politics & Public Policy. This eve- FIGHT POVERTY Mr. Speaker, in the wake of these tragedies, ning’s celebration is dedicated to your vision we are reminded of the important role our na- and to the support of the Betty Taymor HON. G.K. BUTTERFIELD tional service programs and volunteers play in Fund to further the education of women who share your intellectual and moral fervor. OF NORTH CAROLINA repairing the homes, neighborhoods, and lives Your courage and determination continue to IN THE HOUSE OF REPRESENTATIVES of those who have fallen victim to natural dis- inspire all good citizens, both men and Wednesday, October 21, 2009 asters. In response to this most recent catas- women, committed to equal rights and equal trophe, AmeriCorps National Civilian Commu- opportunity. Mr. BUTTERFIELD. Madam Speaker, ac- nity Corps, NCCC, Team Leaders from my We unite in gratitude and congratulation. cording to a study of recent U.S. Census Bu- hometown of Sacramento traveled to Amer- f reau figures, the National Academy of Science ican Samoa to manage the immediate assist- found that the level of American poverty is O’FALLEN CASTING—SIXTH ance provided to those affected through the even worse than the government’s official ANNIVERSARY American Red Cross intake center, located in number. Pago Pago. The official measure, created in 1955, failed to factor in rising costs of medical care, trans- As Co-Chair of the National Service Cau- HON. W. TODD AKIN portation or childcare. It also ignores geo- cus, I have seen first-hand the commitment OF MISSOURI graphical variations in the cost of living. Fur- these volunteers have made to the betterment IN THE HOUSE OF REPRESENTATIVES ther, it also fails to consider non-cash govern- of society. We honor these dedicated men and Wednesday, October 21, 2009 ment aid when calculating income. As a result, women who continuously rush to the service Mr. AKIN. Madam Speaker, it is a common the poverty figures released by Census last of those in need, and recognize the great refrain today that ‘‘we are losing good manu- month may overlook millions of people suf- value of our national service programs in dis- facturing jobs’’ in the United States; that man- fering in poverty, many of whom are 65 and aster relief. ufacturing anything in the United States is be- older. Mr. Speaker, we mourn the losses suffered coming more and more difficult. As a former The National Academy of Sciences’ revised by our neighbors in the South Pacific and steel executive, I share the concerns of our formula calculates that about 47.4 million Southeast Asia, and express our steadfast manufacturing community and blame, in no Americans lived in poverty last year—7 million support of their efforts to rebuild devastated small part, the onerous regulatory burden with more than the Census figure. communities and reestablish their way of life. which this government has saddled our manu- The National Academy of Sciences formula It is my hope that my colleagues will join me facturers for that decline. But, despite what shows a poverty rate of 15.8 percent, which is in honoring the commitment of volunteers who seems to be the best efforts of some in Con- nearly 1 in 6 Americans. This is far higher make this recovery period possible, as they gress and our regulatory agencies, there are than the poverty rate of 13.2 percent, or 39.8 provide assistance to those currently facing in- manufacturing companies in this country who million, reported by the U.S. Census Bureau credible hardships. are succeeding and without government inter- recently.

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K21OC8.008 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2593 The National Academy of Sciences found has recommended that the poverty level be Hill, his father, Oslen Hill, his grandfather that about 18.7 percent of Americans 65 and reset to take into account economic changes Oslen Hill, Sr., his sisters Chinyere and older, or nearly 7.1 million, are suffering in that have occurred over the past four dec- Shantel and his entire family in this time of poverty compared to 9.7 percent, or 3.7 mil- ades. The National Academy of Sciences rec- grave loss. Our country is indebted to his fam- lion, under the traditional Census measure. ommended that non-cash benefits, taxes and ily and we are all mourning their loss. This is largely due to out-of-pocket expenses tax credits be counted as income while ex- Madam Speaker, I urge my colleagues to from rising Medicare premiums, deductibles penses such as work-related child care, hous- join me in remembering the dedication and and a coverage gap in the prescription drug ing and out-of-pocket medical expenses be selflessness of Specialist Kevin O. Hill. benefit. deducted from income in determining families’ f The National Academy of Sciences also poverty status. As a result, comparatively found that 14.3 percent of people 18 to 64, or more working families and elderly people EARMARK DECLARATION 27 million, are suffering in poverty, compared would be counted as poor. to 11.7 percent under the traditional Census The National Academy of Sciences also rec- HON. TOM COLE measure. Many of the additional poor are low- ommended that the poverty income levels be OF OKLAHOMA income, working people facing growing trans- adjusted for regional cost of living differences. IN THE HOUSE OF REPRESENTATIVES portation and childcare costs. The current poverty income thresholds are Wednesday, October 21, 2009 It should also be noted that food stamp as- uniform across the 50 states and the District sistance, which is at an all-time high of about of Columbia. Mr. COLE. Madam Speaker, pursuant to the 36 million, likely softened these figures. The Measuring American Poverty Act of Republican Leadership standards on ear- These figures are especially troubling and 2009 introduced by Representative marks, I am submitting the following informa- could get worse. In 2008, U.S. median income MCDERMOTT and a companion bill introduced tion regarding earmarks I received as part of fell to $50,303 from $52,163 in 2007. That by Senator DODD would instruct the U.S. Cen- H.R. 3183—Energy and Water Development 3.6% decline is the largest one-year drop sus Bureau to adopt many of the modern pov- and Related Agencies Appropriations Act, for since records began. And, the Economic Pol- erty measurement recommendations made by FY2010 icy Institute projects that in the next two years, the National Academy of Sciences. If adopted, Requesting Member: Congressman TOM incomes could decline by another $3,000 and the legislation would result in a new poverty COLE poverty could increase by 1.9 percentage measure that would coexist with the official Bill Number: H.R. 3183 points. poverty measure, and re-designate the current Provision: Title III These figures have special meaning for me ‘‘official’’ measure as the ‘‘traditional’’ poverty Account: DOE—Science because I represent one of the poorest Con- measure. The new poverty measure would not Legal Name of Requesting Entity: ‘‘The Uni- gressional districts in the country. In fact, a re- affect programs that use poverty as criteria for versity of Oklahoma’’ cent report in Forbes Magazine declared either determining eligibility or allocating funds, Address of Requesting Entity: 660 Rocky Mount, North Carolina as one of Amer- but would stand as an additional statistical in- Parrington Oval, Norman OK 73019 ica’s 10 most impoverished cities. dicator to measure the effects of programs on Description of Request: Provide an earmark Forbes used the new data from the U.S. poverty. of 1,000,000.00 to The University of Oklahoma Census Bureau’s 2008 American Community This would be a helpful step toward ensur- (OU) for its technological advantage in the Survey, and also looked at per capita incomes ing that we have a system that is fair to peo- production of carbon nanotubes, via the use of for a region, the percentage of food stamp re- ple who need help as well as to the taxpayers a proprietary catalyst and a truly scalable pro- cipients, the percentage of people under age providing that help. This economic crisis duction process, commercialized by an OU 65 receiving public health care and the unem- serves as a reminder to all Americans just startup company (South-West Nanotech- ployment rate. how vulnerable we all are, and that reducing nologies, SWeNT). The Center for Applica- According to Forbes, nearly 8 percent of our existing poverty will require a great deal of tions of Single-Walled Carbon Nanotubes Rocky Mount area residents were among the effort and attention. (CANTEC) investigates the applications of the nation’s extreme poor in 2008, living at below f SWNT produced in the CoMoCAT process in 50 percent of the poverty line. And, about 17 several important areas: biomedical applica- percent of area residents received food IN MEMORIAM OF SPC KEVIN O. tions (biosensors, cancer cell targets, and can- stamps last year, and nearly 23 percent of HILL cer therapeutics), polymer composites of residents under age of 65 received Medicaid. unique electrical and mechanical properties, Also, Rocky Mount’s unemployment rate at the HON. EDOLPHUS TOWNS metal-nanotube composites, thermally con- time of the report was 8.7 percent and since OF NEW YORK ducting composites, transparent electrodes, has risen to 13.8 percent. IN THE HOUSE OF REPRESENTATIVES solar cells, field emission devices, and thin While Forbes also ranked Rocky Mount as film transistors. Wednesday, October 21, 2009 the 119th best small places for business and f careers, largely because of the city’s available Mr. TOWNS. Madam Speaker, I rise today workforce, this is a region that suffers with a in memoriam of Specialist Kevin O. Hill, a dis- BRIAN TAYLOR RECOGNITION great number of needs. This is a community tinguished and honorable constituent of Brook- with great pride and potential that continues to lyn. He died on October 4, 2009 in Dehanna, HON. DANA ROHRABACHER work hard to provide opportunities and im- Afghanistan and was a member of the 576th OF CALIFORNIA prove the quality of life for its residents. Engineer Company, 4th Engineer Battalion IN THE HOUSE OF REPRESENTATIVES As we look at ways to make sure our re- based in Fort Carson, Colorado. A third gen- Wednesday, October 21, 2009 sources are going where they are needed eration Military man, preceded by his father, most, we should look at the way poverty is Oslen, Jr. and his grandfather Oslen, Sr., Spe- Mr. ROHRABACHER. Madam Speaker, I measured. Unfortunately, the official U.S. pov- cialist Hill had dreams of being a Secret Serv- would like to bring to the attention of my col- erty measure has changed very little since it ice agent and felt that the military training and leagues the inspirational and uplifting story of was originally adopted in 1969, with the ex- experience could only serve him well in pursuit Brian Taylor from the November 2009 issue of ception of annual adjustments for overall price of that goal. SLAM magazine. Brian Taylor is a true mod- changes in the economy, as measured by the He was a quiet leader, choosing to lead by ern hero and example to the youth of America. Consumer Price Index for all Urban Con- example more often than words. After com- Brian was a superstar basketball player at sumers. pleting his education at Monroe College, Spe- Princeton University and in the ABA and NBA. Currently, the poverty threshold reflects a cialist Hill joined the Army. While in Afghani- He had a great 10 year professional career, measure of the economic realities of the mid- stan he worked with the Engineer Battalion to after which he became a teacher. He is now 1950’s. The poverty line has not been ad- disable IEDs and roadside bombs before they Head of Schools for View Park Schools, a justed to reflect changes in needs associated could do harm to his fellow soldiers and the ci- charter school network in the inner city of Los with improved standards of living that have vilians that he was there to help. Angeles, CA. View Park graduates 100% of its occcurred over the decades since the meas- His mother praised him as a hero, and I high school seniors, all of whom go on to col- ure was first developed. stand here to do the same. Specialist Hill paid lege! Brian’s personal story and the success A congressionally commissioned study con- the ultimate sacrifice for our country and my of his charter school is a real life example of ducted by the National Academy of Sciences condolences go out to his mother, Mahalia what can be accomplished with hard work,

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Not only is eventually won out. ‘‘We didn’t recruit him to read and be inspired by this tremendous Taylor a Princeton grad, which speaks vol- that hard, I guess his mom, the last thing umes about the value he places on education, she said was that I was the only honest guy story. but he was one of the founding board mem- he talked to,’’ laughs Pete Carril, who HIGHER LEARNING: FORMER ABA STAR BRIAN bers and treasurer when ICEF was nothing coached the Tigers from 1967–96. ‘‘He had his TAYLOR IS NOW COMMITTED TO EDUCATING more than an idea and later left a position at sights set on a good education and that real- THE YOUTH OF L.A. one of L.A.’s most prestigious private ly helped us.’’ (By Chris Warren) schools to become principal of View Park Taylor flourished at Princeton, using his blazing speed and strength to break down de- Brian Taylor creates a stir when he walks Middle School before starting his current fenses and shut down the opposing team’s the halls of View Park Prep Middle School in job. Taylor’s network is wide and he uses it best players. ‘‘Brian was a terrific shooter south Los Angeles. One young teacher’s face well; he has coaxed former professional ball- and he had great quickness and he could de- lights up when he spots Taylor and, making players to come work at the school and got fend,’’ says Gary Walters, Princeton’s cur- his way through the throngs of African- Laker’s great Kareem Abdul-Jabbar to speak rent athletic director, who played point American students changing classes, he to the kids about black history; while I’m guard on the school’s 1965 Final Four team. crows about a Laker’s narrow Playoff win. with him, he misses a call from President ‘‘He was one of Pete’s all-time most talented As he continues down the hall, Taylor—who Obama’s Secretary of Education, Arne Dun- and gifted players.’’ During the summer, at 6-3—towers over the young kids who at- can. Taylor would train with another of Prince- tend this charter school located in an area Given all that, it’s still Taylor’s tempera- ton’s all-time greats, Bill Bradley. Taylor re- known for its deep-seated problems with ment that is arguably his most effective tool members how Bradley would come to the gangs, violence, and failing schools—is ap- in garnering support for ICEF’s mission to gym each day clutching a notebook in which proached by a succession of students. Some provide an elite private school quality edu- he’d jotted down all the drills he wanted to just say hi, some want to talk about their cation to traditionally underserved, forgot- do. After each was completed, Bradley would classes and others angle for a pat on the ten African-American children. ‘‘Brian is the methodically go back to the notebook and shoulder or a hug. most modest person I’ve ever met,’’ says One subject that isn’t broached, at least on ICEF founder Mike Piscal. check it off—a powerful lesson about the im- this day, is Taylor’s highly successful career As Taylor, whose playing days were ended portance of preparation and hard work in in the ABA and NBA. Not that there isn’t a by an Achilles heel injury in ’82, leads a tour pursuing one’s goals. Taylor’s focus on academics waned when, lot to talk about. After a standout tenure at around the school, he is continually deflect- after a wildly successful junior year, the Princeton, where he led the Pete Carril- ing attention away from himself. Intro- ABA came calling. ‘‘I was like, wow, I’ve got coached Tigers to the NIT Tournament and ducing Dwight Sanders, View Park’s current an opportunity to play with the great New wins over Bobby Knight’s Indiana and Dean principal, Taylor calls him one of ICEF’s York Nets in the beautiful Nassau coliseum Smith’s UNC tar Heels (‘‘Bob McAdoo is still ‘‘rising stars,’’ and says that students al- and they’re going to pay me to do it? Or I’m in denial,’’ he says), Taylor was lured to the ready like Sanders better than him. Every going to have to write a 100-page theses?’’ pros after his junior year in 1972, one of the teacher we meet is doing something extraor- When Taylor’s father was interview by first athletes to make the jump early—so un- dinary, he says, and I really should be talk- Cosell, the sportscaster asked him what his usual at the time that Howard Cosell did a ing to them, not him. son should do: take the money and run, Big story about it for ABC Sports. In a decade- Taylor would be the first to say that he’s Steve said. Brian did just that, although he long career in the pros, Taylor rolled up a in a position today to make a huge difference eventually went back to Princeton and Rookie of the Year award and two ABA in thousands of young lives largely because earned two degrees. championships with the New York Nets, of basketball. Growing up in the housing projects of Perth Amboy, NJ. Taylor had two Taylor quickly established himself in the where he played great D and dished the ball pros, not only winning ROY honors in the to Dr. J, Larry Kenon and John Williamson, distinct advantages over his peers who were never able to rise above their tough environ- ABA, but helping lead the Nets to champion- before going on to stints with the Kansas ships in his second and fourth years in the City Kings, Denver Nuggets, and the San ment: family and sports. His father, ‘‘Big’’ Steve, a former semi-pro football player and league, when the team came back from a 22- Diego Clippers in the NBA. point deficit to best the Denver Nuggets. The Taylor isn’t interested in rehashing past the family disciplinarian, worked as a la- way Taylor saw it, his job was to do two glory, though sometimes he can’t avoid it borer at the Raritan Copper Works, and his things: shut down the opposing team’s best because zealous fans still track him down mother, Maude, was a homemaker. ‘‘Even player and get the ball to a certain future and send him items to autograph. These though we had a small place, it was the place hall of famer. ‘‘My responsibility was mak- days, Taylor, who is head of View Park Prep to go to get home cooking and a lot of loving ing sure I got the ball to Dr. J in the right Schools and senior vice president at the from my mom,’’ he recalls. Along with a se- position,’’ he says. Inner City Education Foundation (ICEF), cure and loving home life, the Taylors were Night after long night he had to try and which runs 13 charter schools in south L.A., also awash in athletic talent. Big Steven was slow the prolific scoring of the likes of David including View Park Prep Middle School, a skilled athlete and Brian’s older brother, Thompson, George Gervin, Norm Nixon, and would much rather talk about the challenges Bruce, was a standout football player who Pete Maravich. It was no easy task. ‘‘They and triumphs of providing a top-notch edu- went on to become a Pro Bowl cornerback hated me because the only way I could slow cation to minority students who typically for the San Francisco 49ers. For his part, them down was to do anything possible: grab have few, if any, good options when it comes Brian excelled at everything he tried—he them, hold them, trip them, bite them,’’ he to schools. says baseball was his first love—becoming a says with a laugh. Ron Boone, who played for Taylor certainly has a great story to tell. three sport letterman all four years of high numerous ABA and NBA teams and is now Since their founding in ’94, ICEF schools school, leading his basketball team to one color commentator with the Utah Jazz, used have emerged as an educational powerhouse state championship and a second-place tro- to hate it when Taylor guarded him. ‘‘He was in an area of Los Angeles where only 9 per- phy. just one of those guys you wanted to get off cent of freshmen who enter public schools Fortunately for Taylor, he also had a foot- of you because he was there all of the time,’’ eventually graduate from college. By stark ball coach, Bob Estok, who stressed edu- Boone recalls. In the ’76 Playoffs, Boone contrast, ICEF schools have not only rou- cation. ‘‘After my freshman year in high grew so frustrated with Taylor’s defense that tinely registered top scores on California school, he says, You’re a good enough stu- he punched him in the mouth, but the next standardized tests, often besting much dent, you have a profile here that if we get year, Taylor and Boone were roommates on wealthier areas, but have a goal, so far at- you moving in the right track, you’ll have the Kansas City Kings and became good tained, of sending 100 percent of their grad- tremendous opportunities to go anywhere in friends. uates to college. Taylor needs to tell this the country for college,’’ Taylor says. For Although undersized, Taylor had plenty of story as a way to drum up support amongst Estok, that track meant making sure Taylor other tools. One was speed: he was known as parents, politicians, donors and neighbors, spent two summers taking academic enrich- the BT Express. ‘‘He was the fastest guy I because their support is vital for ICEF to ment courses at an elite private school and had seen in the league up to that point, and flourish and expand; their goal is to eventu- maintaining an A-minus average in his reg- I’m not sure if people of the ilk of [Allen] ally operate 35 schools in south L.A., ulti- ular courses. It also meant making sure that Iverson are faster,’’ says Kim Hughes, an as- mately serving 10,000 students and producing Taylor knew the dangers faced by talented sistant coach with the L.A. Clippers, who 2,000 college graduates per year. athletes, so Estok gave him the book, The played with Taylor on the Nets. Hughes says ‘‘My job is to help the outside world under- Black Athlete: The Shameful Story. ‘‘It’s a Taylor and Dr. J were the smartest team- stand what we’re doing and why and how we cautionary book, talking about how athletes mates he ever had, and that Taylor duped are achieving at a high level and get their are exploited for their physical abilities and people into making ill-conceived passes. ‘‘I support and their understanding,’’ Taylor don’t take advantage of the opportunities heard how Bill Russell used to taunt people says, ‘‘Us being here has affected people’s they have as students,’’ Taylor says. into blocking shots. Brian was lurking, wait- lives—there are more kids and more traffic That was never a possibility for Taylor. ing for the cross-court pass and he would get and it has affected people’s lives in the com- Even though he was heavily recruited out of it almost every time.’’ munity—and my job is to have them under- high school—UCLA, Cal-Berkeley and Rut- Although Nate ‘‘Tiny’’ Archibald is better stand that it’s worth it for the kids.’’ gers were among his suitors—it was Prince- known than Taylor, Hughes says it was a

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K21OC8.011 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2595 ‘‘terrible deals’’ when the Nets traded Taylor Connor has been very active with his troop, ognize the following members of the Texas for Tiny. ‘‘I thought Brian was a much better participating in many scout activities. Connor State House and Senate for their tireless work player than Tiny, even though Tiny was a has shown an extraordinary commitment to in the Texas state legislature on behalf of the much better offensive player,’’ he says. ‘‘Brian was such a good rebounder, defender scouting over the past six years as evidenced people of Galveston: Senator Joan Huffman, and overall player.’’ by the many weekends of hard work and the Senator Mike Jackson, Senator Steve Ogden, Taylor’s leadership also set him apart, re- travel to five different states and two foreign Representative Dan Branch, Representative members Eric Money, a former Pistons point countries as he worked towards earning his Craig Eiland, Representative Jim Pitts, and guard. As Money recalls, Taylor didn’t lead merit badges. Representative Larry Taylor. I am pleased to by shouting or hogging the ball, but by Madam Speaker, I proudly ask you to join join the Galveston Chamber of Commerce in quietly making everyone else better. ‘‘He me in commending Connor Killen for his ex- saluting these seven legislators. was always the floor general,’’ says Money, who Taylor lured to ICEF schools to become ceptional accomplishments with the Boy In the past year, each of these legislators a PE teacher and to help him coach the high Scouts of America and for his efforts put forth have diligently worked to help the people of school basketball team. ‘‘he was a great in achieving this highest distinction. Galveston recover from Hurricane Ike. Among complementary player to let guys like Dr. J f the issues they worked on were windstorm in- have the spotlight. The leader sometimes has surance, state support for rebuilding Galveston to defer that was one of his stronger quali- EARMARK DECLARATION Island, and ensuring continued support for the ties.’’ Taylor will need to draw on every bit of University of Texas Medical Branch. those leadership skills in his current role. HON. CATHY McMORRIS RODGERS I am honored to have a working relationship Education, especially in California, has been OF WASHINGTON with these legislators. My district staff regularly hit hard by the economy, with massive state IN THE HOUSE OF REPRESENTATIVES communicates with the offices of these state budget cuts decimating teaching staffs, in- legislators, in working together to meet the Wednesday, October 21, 2009 creasing class sizes and dimming prospects of needs of our shared constituents. academic progress. The challenge is particu- Mrs. MCMORRIS RODGERS. Madam In conclusion, Madam Speaker, I again join larly acute for charter schools, which al- Speaker, pursuant to the House Republican my friends at the Galveston Chamber of Com- ready don’t receive as much funding as reg- standards on earmarks, I am submitting the ular public schools, even though their test merce in thanking Senator Joan Huffman, scores and achievements are often far supe- following information regarding earmarks I re- Senator Mike Jackson, Senator Steve Ogden, rior, most markedly in predominantly mi- ceived as part of the Conference Report for Representative Dan Branch, Representative nority areas. Taylor has to work extra hard H.R. 3183, FY2010 Energy and Water Devel- Craig Eiland, Representative Jim Pitts, and to try and drum up financial resources from opment and Related Agencies Appropriations Representative Larry Taylor for all they do for foundations, individuals and the federal gov- Act. the people of Galveston. I look forward to con- ernment, whatever it takes to keep the ICEF Requesting Member: Congresswoman tinuing to work with these legislators. schools performing at a high level. Taylor’s motivation is intensely personal. MCMORRIS RODGERS f Bill Number: H.R. 3183 His two youngest children attend ICEF RAISING AWARENESS AND EN- schools (an older child, Bryce, was a stand- Account: Office of Electricity Delivery and out player at the University of Oregon and, Energy Reliability HANCING THE STATE OF CYBER after playing a year in Italy, is looking to Legal Name of Requesting Entity: Wash- SECURITY IN THE UNITED sign with an NBA team), the symbolism of ington State University for the Department of STATES which is not lost on anyone. ‘‘It does send an Energy SPEECH OF important message, because it tells you he Address of Requesting Entity: 1036 Wilson has faith in us and the system,’’ says Sand- ers. ‘‘That says a lot about what he’s build- Road; Pullman, WA 99164 HON. BENNIE G. THOMPSON ing and what his belief is in our system.’’ In Description of Request: Provide an addition OF MISSISSIPPI fact, Taylor says he got into education after of $1,000,000 for making the power grid more IN THE HOUSE OF REPRESENTATIVES 10 years as a successful businessman in larg- reliable, capable, and secure. The existing Tuesday, October 20, 2009 er part to emphasize to his kids how impor- power grid is highly unstable and vulnerable to tant it is. natural and man-made interruptions as well as Mr. THOMPSON of Mississippi. Mr. Speak- Even if his weren’t here, it seems clear being inadequate for increased power and er, I rise today in support of House Resolution that Taylor would be. He says he sees him- 797, recognizing the goals and ideals of Na- self in the children who attend ICEF schools, transmission speed throughout. The develop- growing up in the inner city where bad influ- ment of software will make a ‘‘smart grid’’ pos- tional Cybersecurity Awareness Month. ences are all too common. What he wants sible. The release of the Presidential Cyberspace them to understand is that academics lead to f Policy Review in May was an important step a better life and that it’s within their grasp. forward. But the job gives him plenty in return, in- PERSONAL EXPLANATION However, more work remains to be done to cluding an opportunity to coach his son, ensure that cybersecurity is fully integrated Brendan, who is developing into an excellent HON. JIM GERLACH into our nation’s homeland security efforts. player himself. It might not match the im- Our country can’t afford 20th century think- mediate thrill of a roaring crowd, but it can OF PENNSYLVANIA be far more gratifying, he says. IN THE HOUSE OF REPRESENTATIVES ing for a 21st century problem. ‘‘What can you do that is going to give you I congratulate Ms. CLARKE, the Chairwoman the thrills that you had as a ballplayer? Wednesday, October 21, 2009 of the Subcommittee on Emerging Threats, Probably nothing, but what is my purpose Mr. GERLACH. Madam Speaker, unfortu- Cybersecurity, and Science and Technology, thereafter?’’ he says. ‘‘I feel coming here I nately, on Tuesday, October 20, 2009, I for her work on cybersecurity, and thank her found my purpose in life. And my purpose in missed three recorded votes on the House for authoring this resolution. life is to give back.’’ floor. Had I been present, I would have voted The Committee has held ten hearings and f ‘‘YEA’’ on rollcall 790, ‘‘YEA’’ on rollcall 791, undertaken numerous investigations into cy- HONORING CONNOR KILLEN and ‘‘YEA’’ on rollcall 792. bersecurity issues affecting the Federal gov- f ernment, the private sector, and critical infra- HON. SAM GRAVES structure owners and operators in just the last RECOGNITION FOR MEMBERS OF three years. OF MISSOURI THE TEXAS STATE HOUSE AND Though the Homeland Security Committee IN THE HOUSE OF REPRESENTATIVES SENATE FOR THEIR WORK ON is primarily concerned with cybersecurity on Wednesday, October 21, 2009 BEHALF OF GALVESTON TEXAS Federal networks and critical infrastructure, we Mr. GRAVES. Madam Speaker, I proudly recognize the important education mission car- pause to recognize Eagle Scout Connor Killen, HON. RON PAUL ried out by the National Cyber Security Alli- a very special young man who has exempli- OF TEXAS ance and their efforts to reach home users, fied the finest qualities of citizenship and lead- IN THE HOUSE OF REPRESENTATIVES small businesses, and students and educators ership by taking an active part in the Boy of all ages. Scouts of America, Troop 216, and by achiev- Wednesday, October 21, 2009 The National Cyber Security Alliance’s mis- ing the incredible feat of earning all 122 pos- Mr. PAUL. Madam Speaker, on October 23, sion is to increase awareness of cyber secu- sible merit badges. the Galveston Chamber of Commerce will rec- rity practices and technologies to these folks

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K21OC8.011 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2596 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 2009 through educational activities, online resources the arts, community service, sports or the en- HONORING EMILY THOMPSON and checklists. vironment.’’ The Boys and Girls Club of Sierra Raising the awareness of this issue in both Vista is an outstanding example of how chil- HON. STEVE AUSTRIA the public and private sectors is absolutely dren can be engaged in these meaningful ac- OF OHIO vital as our country becomes increasingly con- tivities. IN THE HOUSE OF REPRESENTATIVES nected. On behalf of a grateful community, I thank Wednesday, October 21, 2009 Cybercrime is a serious business—recent the Boys and Girls Club of Sierra Vista for all reports suggest that cyber-crime has become that it does to engage and educate our chil- Mr. AUSTRIA. Madam Speaker, I rise today a $105 billion business that now surpasses dren in a safe and caring setting. on behalf of the constituents of Ohio’s Sev- the value of the illegal drug trade worldwide. enth Congressional District to recognize and During the past two years, one in five online f honor Emily Thompson for the courage and consumers has been a victim of cybercrime. selfless action she took to save the life of a But companies and consumers continue to BROOKS C. ROBINSON fellow citizen. underestimate the threat from phishing, data A senior at Kenton Ridge High School in loss, and other cyber vulnerabilities. Kenton, Ohio, Emily is a member of the I encourage my colleagues today to support HON. C. A. DUTCH RUPPERSBERGER volleyball team. While preparing for a match this resolution and join me and Representative on Tuesday, October 13, 2009, a fellow team- CLARKE in our efforts to address this threat to OF MARYLAND mate’s grandfather suffered an apparent heart our economy and homeland security. IN THE HOUSE OF REPRESENTATIVES attack in the stands. Emily was quick to re- f spond, using her first aid knowledge she Wednesday, October 21, 2009 learned as a lifeguard she effectively saved RECOGNIZING THE BOYS AND the gentleman’s life. GIRLS CLUB OF SIERRA VISTA, Mr. RUPPERSBERGER. Madam Speaker, I Emily deserves our recognition for her brav- ARIZONA FOR ITS PARTICIPA- rise before you today to honor Brooks C. Rob- ery, strength of character, and quick action to TION IN LIGHTS ON AFTER- inson, legendary Baltimore Orioles third base- help when needed. She has shown true signs SCHOOL DAY man and National Baseball Hall of Famer. of leadership and responsibility far beyond her Brooks Robinson began his professional 17 years. HON. GABRIELLE GIFFORDS baseball career on Memorial Day 1955, when Emily provided a great service both to our OF ARIZONA he signed a contract with the Baltimore Ori- community and the family and loved ones of IN THE HOUSE OF REPRESENTATIVES oles for whom he played throughout his entire the gentleman she saved and for these rea- sons she deserves our gratitude and special Wednesday, October 21, 2009 23 year career. Known as the Human Vacuum Cleaner because of his astounding defensive thanks. Ms. GIFFORDS. Madam Speaker, I rise abilities at third base, Robinson is generally f today to recognize the work of the Boys and acclaimed as the greatest defensive third NATIONAL BREAST CANCER Girls Club of Sierra Vista, Arizona, which will baseman of all time. play a very active role in the Lights On After- AWARENESS MONTH school Day on October 22. In 1964, Robinson won both the American Lights On Afterschool Day is a national League Most Valuable Player, MVP, and All- HON. LORETTA SANCHEZ Star Game MVP awards. He played in four celebration of after-school programs that pro- OF CALIFORNIA World Series and in 1970 Robinson received motes quality afternoon activities for children IN THE HOUSE OF REPRESENTATIVES and their families. Arizona ranks in the top 10 the World Series MVP Award. In 1971, Robin- states for afterschool programs and I com- son was awarded the Hickock Belt, emblem- Wednesday, October 21, 2009 mend the Boys and Girls Club of Sierra Vista atic of his selection as the national out- Ms. LORETTA SANCHEZ of California. for its strong participation in this important ini- standing athlete of the year. During his career Madam Speaker, I rise today to recognize tiative. as an Oriole, Robinson won 16 consecutive ‘‘National Breast Cancer Awareness Month’’ The mission of the Boys and Girls Club of Gold Glove Awards, a record for nonpitchers. during its 25th anniversary year. Sierra Vista is to inspire and enable all young Besides his superior defensive skills, Robin- National Breast Cancer Awareness Month people to realize their full potential as produc- son holds major league records for his offen- has been at the forefront of raising awareness tive, responsible and caring citizens. The club sive talent as well. Robinson compiled a .267 of breast cancer issues and has continued to operates exceptional youth development pro- batting average with 2,848 hits, 268 home evolve along with the national dialogue on grams which provide young people with the runs, and 1,357 runs batted in. After his retire- breast cancer. knowledge, skills, and attributes they need to ment in 1977, the Orioles retired his jersey, I am a strong advocate for organizations pursue their dreams and succeed in life. number 5. that are dedicated to educating and empow- The Boys and Girls Club of Sierra Vista also Robinson remained active in the community ering women to take charge of their own offers a full menu of after-school activities. upon his retirement. A longtime supporter of breast health by practicing regular self-breast These activities provide safe, challenging and Scouting, Robinson served for many years on exams and scheduling annual mammograms. fun learning experiences to help young people the executive board of the Baltimore Area In my district in Orange County, California, develop their social, emotional, physical, cul- Council, Boy Scouts of America, and is a re- I am proud of the numerous health fairs that tural and academic skills. cipient of the Silver Beaver Award. On De- promote prevention among our ethnic popu- There are more than 28 million children in cember 5, 2006, he was recognized for his ac- lations, who tend to be more reluctant to get the United States with parents who work out- complishments on and off of the field when he examined than other populations. side the home. Some 14.3 million of those received the Bobby Bragan Youth Foundation My own staff has been involved in this ef- children have no place to go after school. Lifetime Achievement Award. fort. Laura Martinez, my casework supervisor, The Boys and Girls Club of Sierra Vista was diagnosed with breast cancer in 2006. leads the way by encouraging community in- Brooks Robinson has lived in the Baltimore She underwent a mastectomy, received radi- volvement in the education and well-being of area for over 45 years with his wife Connie. ation treatment and is currently taking our youth. That leadership is grounded in the They have four children and eight grand- Tamoxifin. principle that quality after-school programs are children. She has been involved with the American a key to helping our children become success- Madam Speaker, I ask that you join with me Cancer Society, has shared her testimony, ful adults. today in honoring Brooks Robinson, a man and formed ‘‘Laura’s Lifeline’’ team to Race for Afterschool Alliance Executive Director Jodi who has established a standard of excellence the Cure. Grant has said ‘‘The 2009 Lights On After- both on and off the baseball field. His stellar I recognize that many strides have been school events represent not only diverse peo- baseball performance and outstanding com- made in breast cancer awareness and treat- ple and issues, but also diverse interests— munity involvement is a sterling example of a ment but there still remains much to be ac- whether those interests run to the sciences, true professional athlete. complished.

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.012 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2597 RECOGNIZING TIBOTEC THERA- meaningful numbers of women and racial and backbone of our regional community’s health PEUTICS FOR CONDUCTING THE ethnic minorities. care safety net, delivering high quality primary GRACE STUDY, A GROUND- With the GRACE study, Tibotec Thera- and preventive care for over 40,000 patients BREAKING HIV CLINICAL TRIAL peutics and Johnson & Johnson continue to each year regardless of insurance status or FOCUSED ON WOMEN AND PEO- demonstrate their leadership and corporate ability to pay. PLE OF COLOR IN THE UNITED social responsibility as innovators and leaders This year, Crusader Community Health is STATES in the pharmaceutical industry. I commend celebrating its 37th anniversary as one of the them for their continuing commitment to the top community health centers in the nation. HON. DANNY K. DAVIS fight against HIV/AIDS and for their leadership Crusader has been lauded by the U.S. Depart- OF ILLINOIS in addressing the disproportionate impact of ment of Health and Human Services (HHS), IN THE HOUSE OF REPRESENTATIVES the HIV/AIDS epidemic on women and people and will soon be featured on the National of color. Medical Report program of National Public Wednesday, October 21, 2009 f Broadcasting for its positive impact on the Mr. DAVIS of Illinois. Madam Speaker, I rise local community. Nationally, the community today to commend and congratulate Tibotec HONORING THE 60TH ANNIVER- health centers program has been recognized Therapeutics, part of the Johnson & Johnson SARY OF THE ESTABLISHMENT by the White House Office of Management family of companies, for demonstrating contin- OF THE PHILADELPHIA BRANCH and Budget (OMB) as one of the most highly ued innovation and corporate responsibility in OF THE UKRAINIAN AMERICAN effective federal programs in existence. the fight against HIV/AIDS by conducting the YOUTH ASSOCIATION Madam Speaker, I wish to extend my rec- groundbreaking GRACE study. GRACE, which ognition and strong support of Crusader Com- stands for Gender Race and Clinical Experi- HON. JIM GERLACH munity Health systems in Rockford, Illinois. ence, is the largest study to date in treatment- OF PENNSYLVANIA Since its founding in 1972, Crusader Commu- experienced women with HIV to examine gen- IN THE HOUSE OF REPRESENTATIVES nity Health has served my fellow citizens in der and race differences in response to an northern Illinois with access to affordable and Wednesday, October 21, 2009 HIV therapy. Findings from this historic study high quality medical and dental care. I am were recently presented at the International Mr. GERLACH. Madam Speaker, I rise proud to support Crusader Community Health AIDS Society conference in Cape Town, today to honor an outstanding cultural organi- because I know many of my fellow citizens South Africa. zation that has served thousands of young would be without health care if it were not for In the United States, women are increas- Americans in the Philadelphia area. the dedication and professional excellence of ingly affected by HIV/AIDS, accounting for On October 24, 2009, the Philadelphia the staff, board of directors and volunteers as- more than one quarter of all new HIV/AIDS di- Branch of the Ukrainian American Youth Asso- sociated with this terrific local organization. agnoses, with African American and Latina ciation will celebrate its 60th anniversary. This Crusader is a great example of the effective- women representing seventy-nine percent of organization has encouraged three genera- ness of the community health center program women living with the disease. People of tions of youth to become productive American in this nation. This system of care saves lives color, both women and men, have been his- citizens. Members of the Ukrainian American and deserves continued public support. I am torically underrepresented in clinical trials in Youth Association are proud of their national honored to recognize Crusader Community the United States, and HIV/AIDS dispropor- heritage and support the land of their ances- Health and its personnel here in the United tionately impacts our African American and tors in its quest to join Western democracies States Congress today. Latino communities. In my home State of Illi- as an independent state. f nois, there are over 35,000 people living with Throughout my time as a Member of Con- AIDS: African Americans represent 50% of gress, I have worked closely with members of EARMARK DECLARATION these cases, and Latinos represent 13%. In the Ukrainian American community, including terms of new HIV infections, African American the Ukrainian Federation of America and the HON. DENNY REHBERG women are infected at a rate fifteen times Ukrainian Congress Committee of America, to OF MONTANA higher than white women, and Latino women strengthen the ties between the United States IN THE HOUSE OF REPRESENTATIVES are infected at a rate almost four times as and Ukraine. It gives me great pleasure today Wednesday, October 21, 2009 high as white women. to recognize the Ukrainian American Youth In recent HIV studies of treatment-experi- Association for its work toward that same end. Mr. REHBERG. Madam Speaker, pursuant enced patients, women accounted for less Madam Speaker, I ask that my colleagues to the Republican Leadership standards on than 11 percent of the patients being studied, join me today in honoring the Philadelphia earmarks, I am submitting the following infor- on average. This trial was designed to help Branch of the Ukrainian American Youth Asso- mation regarding earmarks I received as part overcome some of the barriers, identified by ciation for its support of and service to thou- of H.R. 3183—Energy and Water Develop- the advisors, which have historically deterred sands of Ukrainian American youth over the ment and Related Agencies Appropriations women and people of color from participating past sixty years. Act, 2010. in clinical studies, including stigma, lack of f Requesting Member: Hon. DENNY REHBERG child care, transportation and personal support Bill Number: H.R. 3183 systems. Based upon advisor and community HONORING CRUSADER CLINIC ON Account: Department of Energy—EERE input, study participants could obtain assist- ITS 37TH ANNIVERSARY Requesting Entity: Montana State Univer- ance to cover costs associated with their par- sity-Bozeman, 207 Montana Hall, Bozeman, ticipation in the study, including funds for trav- HON. DONALD A. MANZULLO MT 59717 el and childcare, as well as food vouchers. OF ILLINOIS Description: Montana Algal BioDiesel Initia- Through innovative strategies like these, the IN THE HOUSE OF REPRESENTATIVES tive—Algae, third generation or advanced GRACE study was able to enroll nearly sev- biofuels, use photosynthesis to transform car- Wednesday, October 21, 2009 enty percent women, sixty percent African bon dioxide and sunlight into oil. Algae can Americans and twenty-two percent Latinos. I Mr. MANZULLO. Madam Speaker, I rise grow in water and on land, even land not suit- am proud to say that two of the study sites in today to recognize one of the jewels of north- able for food production. Even CO2-rich emis- this historic clinical trial are located in my con- ern Illinois, Crusader Community Health of sions from fossil fuel (coal) burning power- gressional district. Rockford. Crusader Community Health is a re- plants can be used as feedstocks to support Results of the GRACE study showed that markable community-based, not-for-profit the growth of algae that produces biodiesel. there were no statistical differences in the health center whose mission is to provide The effective use of high temperature CO2- safety, tolerability or effectiveness of the HIV quality, primary health care to people in need rich exhaust gases (including the geothermal regimens used in the study between male and in the Rock River Valley. Crusader Community environments in Yellowstone) also produce female participants, or for people of different Health systems is part of a network of more algae that can flourish at high ambient tem- ethnicities. Importantly, from my perspective, than 1,200 federally qualified health centers in peratures. Currently, there are both practical the GRACE study clearly showed that, with the United States serving 18 million people. and economic obstacles to increased use of the appropriate commitment from the trial These centers are doing tremendous work biofuels from algae, but early research is sponsor and input from affected communities providing care to the medically promising. The funds requested would be and providers, clinical trials can, indeed, enroll disenfranchised in this nation. Crusader is the used to advance the development of biofuels

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.017 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2598 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 2009 from algae, especially from coal plant emis- Therapeutics, part of the Johnson & Johnson DELAWARE WATER GAP NATIONAL sions and exhaust gases. family of companies, for demonstrating contin- RECREATION AREA CITIZEN AD- Requesting Member: Hon. DENNY REHBERG ued innovation and corporate responsibility in VISORY COMMISSION Bill Number: H.R. 3183 the fight against HIV/AIDS by conducting the Account: Department of Energy—EERE groundbreaking GRACE study. GRACE, which HON. CHRISTOPHER P. CARNEY Requesting Entity: Montana State Univer- stands for Gender Race And Clinical Experi- OF PENNSYLVANIA sity-Bozeman, 207 Montana Hall, Bozeman, ence, is the largest study to date in treatment- IN THE HOUSE OF REPRESENTATIVES MT 59717 experienced women with HIV to examine gen- Wednesday, October 21, 2009 Description: Wind Turbine Development— The U.S. Department of Energy’s Energy Effi- der and race differences in response to an Mr. CARNEY. Madam Speaker, on October ciency and Renewable Energy (EERE) works HIV therapy. Findings from this historic study 13, I was unable to speak in favor of or cast to strengthen the United States’ energy secu- were recently presented at the International a vote in support of H.R. 3476, a bill I intro- rity, environmental quality and economic vital- AIDS Society conference in Cape Town, duced with the gentleman representing the ity in public-private partnerships. It supports South Africa. congressional district to the east of Pennsylva- this goal through enhancing energy efficiency In the United States, women are increas- nia’s 10th Congressional District, Representa- tive GARRETT. and productivity; bringing clean, reliable and ingly affected by HIV/AIDS, accounting for affordable energy technologies to the market- H.R. 3476 would reauthorize the Delaware more than one quarter of all new HIV/AIDS di- Water Gap National Recreation Area Citizen place; and making a difference in the every- agnoses, with African American and Latina day lives of Americans by enhancing their en- Advisory Commission for another 10 years. women representing seventy-nine percent of ergy choices and their quality of life The Citizen Advisory Commission, CAC, This project addresses those issues through women living with the disease. People of was first proposed in 1988 by Congress- (a) research on durability and damage toler- color, both women and men, have been his- woman Marge Roukema in an effort to estab- ance of wind turbine blades, (b) efforts to pro- torically underrepresented in clinical trials in lish a more open dialogue between National mote commercialization and manufacturing, the United States, and HIV/AIDS dispropor- Park Service, NPS, employees working the with attention to cost reductions, and (c) site tionately impacts our African American and Delaware Water Gap National Recreation development activities. The wind turbine blade Latino communities. In my home state of Area, DWGNRA, and the surrounding local materials and manufacturing studies will help Texas, there are about 73,000 people living communities. Communication between these develop cost-effective wind turbine electrical with AIDS, and Latinos represent almost one- two parties is valuable in maintaining a healthy power generation. This in turn will provide an quarter of these cases. There are over 5,000 DWGNRA for generations to come. The CAC allows the communities’ experi- electric power distribution throughout Montana people living with HIV/AIDS in San Antonio, to stimulate economic development. An infra- ences in—and knowledge of—the Delaware and many more in the surrounding counties. In Water Gap to strengthen National Park Serv- structure is already in place to immediately terms of new HIV infections, Latina women help the wind turbine industry. ice decisionmaking in the National Recreation are infected at a rate almost four times as Area. Park officials are provided with a unique f high as white women. perspective on issues as varied as sustaining PERSONAL EXPLANATION Through innovative strategies, the GRACE or preserving historic structures, to protecting study was able to enroll approximately seventy wildlife and forests, to improving public safety HON. CAROLYN B. MALONEY percent women, sixty percent African Ameri- and preventing or mitigating flooding along the river. OF NEW YORK cans and twenty-two percent Latinos. The trial The Delaware Water Gap National Recre- IN THE HOUSE OF REPRESENTATIVES was designed to help overcome some of the ation Area preserves almost 70,000 acres of Wednesday, October 21, 2009 barriers which have historically deterred land along the Delaware River’s New Jersey women and people of color from participating Mrs. MALONEY. Madam Speaker, on Octo- and Pennsylvania shores. This majestic area in clinical studies, including stigma, language ber 20, 2009, I missed rollcall votes numbered is popular not only with local residents, but and cultural barriers, and lack of child care, 790, 791, and 792. also for tourism due to activities such as hik- Had I been present, I would have voted transportation, and personal support systems. ing, fishing, camping, swimming, and boating. ‘‘yea’’ on rollcall votes No. 790, to amend the Based upon advisor and community input, Part of ensuring that this beautiful area Fair Credit Reporting Act to provide for an ex- study participants could obtain assistance to straddling the border between Pennsylvania clusion from Red Flag Guidelines for certain cover costs associated with their participation and New Jersey is preserved for future gen- businesses; No. 791, to designate the facility in the study, including funds for travel and erations is reauthorizing the CAC, which plays of the United States Postal Service located at childcare, as well as food vouchers. I am very an invaluable role in assisting the NPS to pro- 440 South Gulling Street in Portola, California, proud that one of the study sites in this his- tect, preserve, and expand the Delaware as the ‘‘Army Specialist Jeremiah Paul toric clinical trial is located in my congres- Water Gap National Recreation Area. McCleery Post Office Building;’’ and No. 792, sional district. f supporting the increased understanding of, Results of the GRACE study showed that EARMARK DECLARATION and interest in, computer science and com- there were no statistical differences in the puting careers among the public and in safety, tolerability, or effectiveness of the HIV schools, and to ensure an ample and diverse HON. DENNY REHBERG regimens used in the study between male and OF MONTANA future technology workforce through the des- IN THE HOUSE OF REPRESENTATIVES ignation of National Computer Science Edu- female participants, or for people of different cation Week. ethnicities. Importantly, from my perspective, Wednesday, October 21, 2009 the GRACE study clearly showed that, with f Mr. REHBERG. Madam Speaker, pursuant the appropriate commitment from the trial to the Republican Leadership standards on RECOGNIZING TIBOTEC THERA- sponsor and input from affected communities earmarks, I am submitting the following infor- PEUTICS FOR CONDUCTING THE and providers, clinical trials can, indeed, enroll mation regarding earmarks I received as part GRACE STUDY, A GROUND- meaningful numbers of women and racial and of H.R. 2997—Agriculture, Rural Development, BREAKING HIV CLINICAL TRIAL ethnic minorities. Food and Drug Administration, and Related FOCUSED ON WOMEN AND PEO- Agencies Appropriations Act, 2010. PLE OF COLOR IN THE UNITED With the GRACE study, Tibotec Thera- peutics and Johnson & Johnson continue to Requesting Member: Hon. DENNY REHBERG STATES Bill Number: H.R. 3183 demonstrate their leadership and corporate Account: National Institute of Food and Agri- HON. CHARLES A. GONZALEZ social responsibility as innovators and leaders culture—SRG in the pharmaceutical industry. I commend OF TEXAS Requesting Entity: Montana State Univer- them for their continuing commitment to the IN THE HOUSE OF REPRESENTATIVES sity-Bozeman, 207 Montana Hall, Bozeman, fight against HIV/AIDS and for their leadership MT 59717 Wednesday, October 21, 2009 in addressing the disproportionate impact of Description: Invasive Plant Management— Mr. GONZALEZ. Madam Speaker, I rise the HIV/AIDS epidemic on women and people Non-native invasive plants are the primary en- today to commend and congratulate Tibotec of color. vironmental threat to western wildlands. These

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.018 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 21, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2599 plants quadrupled their area in the last 10 Goodrich only after 11 months of radar and I applaud the ACS for their commitment to years. If they continue to spread at their cur- sonar training at M.I.T. In the post-World War chemistry education at the elementary and rent rate, they will dominate western range- II period, he served as part of the occupation secondary level. To maintain our nation’s role lands in the future. Over 17 million acres of forces in the Mediterranean, China, and Japan as a leader in innovation in an increasingly ‘‘public land’’ in the west are infested with nox- seas. Upon his return to the U.S., he enrolled globalized world, our young people will need ious weeds with an additional 4,600 acres be- and taught in variety of schools from 1951– to excel in the fields of science, technology, coming infested each day. Currently Dalmatian 1955. These included studying at the Joint engineering, and mathematics. Training a new toadflax is in an exponential growth phase in Guided Missile School in Fort Bliss, Texas, generation of chemists will also be essential Montana, expanding at a rate of 14 percent and the Naval Line School in Monterey, Cali- for solving the world’s most pressing issues, per year. In Montana, about 8 million acres fornia. He later was instructor at the Special from fighting global warming to discovering are seriously infested with noxious weeds. Weapons School in Norfolk Virginia. Following vaccines for emerging diseases. This is why I Previous MSU research indicates that sheep his studies at Monterey and M.I.T., he was or- am pleased that this year’s event includes a and/or goat grazing offers an additional and dered to the USS Galveston, where he served national chemistry competition, the distribution diversified tool in the fight against noxious as Gunnery Sergeant and eventually oversaw of 10,000 Merck Indexes to science educators, weeds when used in an integrated weed man- the conversion to the first Talos missiles on and a website with biographies of chemists agement program. Noxious weeds can inter- the cruiser. and online activities to inspire students to fere with profitable land use, reduce produc- In 1963, he was chosen to serve in the choose a career path in chemistry. tion, alter ecosystems, threaten wildlife habitat Navy Task Force for Surface Guided Missile As important as this resolution is though, we and lower land value. Systems. Later, he was also appointed to as- need to do more in Congress right now to im- prove STEM education. A recent National As- f sist with the analog to high-speed digital sys- tem transition on 30 Terrier-armed ships. He sessment of Education Progress showed that, PERSONAL EXPLANATION became the Director of Engineering at the for the first time since 1980, 4th graders made Naval Ship Missile Systems Engineering Sta- no progress in math performance between HON. CHRIS VAN HOLLEN tion in 1967. Three years later, he was called 2007 and 2009. Study after study highlights OF MARYLAND to Washington, D.C., to head the Aegis Weap- the need to strengthen math and science edu- IN THE HOUSE OF REPRESENTATIVES ons System. In the following years, he was cation so that our nation’s students do not Wednesday, October 21, 2009 named supervisor of many projects, including continue to lag behind others in developing the skills critical for global competitiveness. Mr. VAN HOLLEN. Madam Speaker, on Oc- the Surface Missile Systems and Surface War- fare. In January 1975, he was chosen for Rear Again, I commend Mr. REYES and the ACS tober 15, 2009, I was unable to cast votes due for their commitment to promoting a greater to attending an event on expanding small Admiral. Shortly after his selection, he became the founding Project Manager of Aegis Ship- understanding of chemistry, and I urge my col- business opportunities with President Obama leagues to join me in supporting this important on October 21, 2009, in Hyattsville, Maryland. building, and, in 1983, he was reassigned as Deputy Commander, Weapons and Combat resolution. I was not present for rollcall votes 793, 794, f 795, 796 and 797. Had I been present, my Systems, Naval Sea Systems Command. votes would have been as follows: ‘‘yea’’ on S. Eventually, he retired from active duty in 1985. A TRIBUTE TO PREFECT PIERO 1793, the Ryan White HIV/AIDS Treatment In his retirement, Adm. Meyer served in a MATTEI OF THE REPUBLIC OF Act; ‘‘yea’’ on H. Res. 811, expressing support variety of consulting positions, including assist- ITALY for the designation of October 2009 as Na- ing the Surface Navy and the Missile Defense tional Principals Month; ‘‘yea’’ on H. Res. 837, Agency’s development of missile defense ca- HON. LORETTA SANCHEZ pability for the nation’s Aegis fleet and serving recognizing Kentucky Wesleyan College for OF CALIFORNIA on many committees chartered by Department over 150 years of service as an institution of IN THE HOUSE OF REPRESENTATIVES higher education; ‘‘yea’’ on H. Res. 660, rec- of Defense personnel. Madam Speaker, Admiral Wayne E. Meyer Wednesday, October 21, 2009 ognizing the distinguished history of the was an honorable officer in the military. I am Ms. LORETTA SANCHEZ of California. Laurinburg Normal Industrial Institute; and certain that the members of the House will join Madam Speaker, I rise today to celebrate the ‘‘yea’’ on S. Con. Res. 43, authorizing the use me in extending their heartfelt condolences to remarkable service of Dr. Piero Mattei, who is of the Capitol rotunda for the presentation of his family and friends. He will be greatly Prefect to the Province of Vicenza in the Re- the Congressional Gold Medal to former Sen- missed. public of Italy. Prefect Mattei is retiring after ator Edward Burke. f forty years of remarkable service to not only f the Italian people, but also to our country. IN MEMORY OF REAR ADMIRAL SUPPORTING THE GOALS AND The U.S. Army’s Southern European Task WAYNE E. MEYER IDEALS OF NATIONAL CHEM- Force’s, USASETAF, headquarters is based in ISTRY WEEK the city of Caserma Ederle, in Vicenza. The USASETAF base is home to the 173rd Air- HON. IKE SKELTON SPEECH OF OF MISSOURI borne Battalion, 14th Transportation Battalion, IN THE HOUSE OF REPRESENTATIVES HON. RUSH D. HOLT 22nd Area Support Group, 509th Signal Bat- OF NEW JERSEY talion, and the 663rd Transportation Detach- Wednesday, October 21, 2009 IN THE HOUSE OF REPRESENTATIVES ment. Prefect Mattei has been a steadfast Mr. SKELTON. Madam Speaker, it is with friend of the United States of America, and Tuesday, October 20, 2009 great sadness that I inform the House of the has shown particular care and concern for the death of Rear Admiral Wayne E. Meyer. He is Mr. HOLT. Mr. Speaker, I rise today in American soldiers, civilians, and families who known as the ‘‘Father of Aegis’’ for his 13 strong support of H. Res. 793, supporting the live and work at USASETAF. Prefect Mattei years of work on the Aegis Weapons systems. goals and ideals of National Chemistry Week. has shown great personal courage and great Adm. Meyer was born in Brunswick, Mis- I commend the gentleman from Texas, Mr. respect in dealing with sensitive issues of souri, on April 21, 1926. In 1943, he enlisted REYES, for his continued support of this impor- international importance. with the Navy. While serving with the Navy, he tant celebration of chemistry. When protesters tried to block the construc- graduated from the University of Kansas in This year marks the 22nd anniversary of tion of the 173rd Airborne’s new base in Dal 1946 with a B.S. in Electrical Engineering. He National Chemistry Week, which is sponsored Molin, it was Prefect Mattei’s skill and per- also obtained a B.S. in Electrical Engineering by the American Chemical Society. The event sonal intervention that helped to move the and M.S. in Astronautics and Aeronautics from features outreach programs created by project forward towards completion. This is Massachusetts Institute of Technology. Addi- schools and businesses to educate commu- just one of many examples of this extraor- tionally, he received a B.S. in Electrical Engi- nities and schoolchildren on the importance of dinary public servant’s devotion to justice and neering from the Naval Postgraduate School. chemistry in their everyday lives. The theme of warm relations between our two great nations. His engineering education would later help this year’s National Chemistry Week is On behalf of this thankful nation, I wish Pre- with his work on developing advanced weap- ‘‘Chemistry—It’s Elemental,’’ which empha- fect Mattei and Signora Piera the very best as ons systems for the Navy. sizes the role that elements play in every as- they embark on this new and exciting chapter One of Adm. Meyer’s first assignments pect of our lives, from the air we breath to the in their life. They will always be special friends found him manning the radar of the USS cars we drive to the food we eat. of the people of the United States of America.

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.022 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2600 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 2009 SENATE COMMITTEE MEETINGS OCTOBER 28 2:30 p.m. 9:30 a.m. Energy and Natural Resources Title IV of Senate Resolution 4, Environment and Public Works Public Lands and Forests Subcommittee agreed to by the Senate on February 4, To continue hearings to examine S. 1733, To hold hearings to examine S. 555, to 1977, calls for establishment of a sys- to create clean energy jobs, promote provide for the exchange of certain tem for a computerized schedule of all energy independence, reduce global land located in the Arapaho-Roosevelt warming pollution, and transition to a meetings and hearings of Senate com- National Forests in the State of Colo- clean energy economy. rado, S. 607, to amend the National mittees, subcommittees, joint commit- SD–406 Forest Ski Area Permit Act of 1986 to tees, and committees of conference. 10 a.m. clarify the authority of the Secretary This title requires all such committees Energy and Natural Resources of Agriculture regarding additional To hold hearings to examine the role of to notify the Office of the Senate Daily recreational uses of National Forest natural gas in mitigating climate System land that are subject to ski Digest—designated by the Rules Com- change. mittee—of the time, place, and purpose SD–366 area permits, S. 721, to expand the Al- of the meetings, when scheduled, and Judiciary pine Lakes Wilderness in the State of Washington, to designate the Middle any cancellations or changes in the To hold hearings to examine effective strategies for preventing health care Fork Snoqualmie River and Pratt meetings as they occur. fraud. River as wild and scenic rivers, S. 1122, As an additional procedure along SD–226 to authorize the Secretary of Agri- with the computerization of this infor- Banking, Housing, and Urban Affairs culture and the Secretary of the Inte- Securities, Insurance and Investment Sub- rior to enter into cooperative agree- mation, the Office of the Senate Daily committee ments with State foresters authorizing Digest will prepare this information for To hold hearings to examine dark pools, State foresters to provide certain for- printing in the Extensions of Remarks flash orders, high frequency trading, est, rangeland, and watershed restora- section of the CONGRESSIONAL RECORD and other market structure issues. tion and protection services, S. 1328 on Monday and Wednesday of each SD–538 and H.R. 689, bills to provide for the ex- 2 p.m. change of administrative jurisdiction week. Aging over certain Federal land between the To hold hearings to examine 401(k) tar- Meetings scheduled for Thursday, Oc- Forest Service and the Bureau of Land tober 22, 2009 may be found in the Daily get date funds. SD–562 Management, S. 1442, to amend the Digest of today’s RECORD. 2:30 p.m. Public Lands Corps Act of 1993 to ex- Homeland Security and Governmental Af- pand the authorization of the Secre- taries of Agriculture, Commerce, and MEETINGS SCHEDULED fairs Contracting Oversight Subcommittee the Interior to provide service-learning OCTOBER 27 To hold hearings to examine new Office opportunities on public lands, establish 9:30 a.m. of Management and Budget (OMB) a grant program for Indian Youth Serv- Environment and Public Works guidance to combat waste, inefficiency, ice Corps, help restore the Nation’s To hold hearings to examine S. 1733, to and misuse in federal government con- natural, cultural, historic, archae- create clean energy jobs, promote en- tracting. ological, recreational, and scenic re- ergy independence, reduce global SD–342 sources, train a new generation of pub- warming pollution, and transition to a Commerce, Science, and Transportation lic land managers and enthusiasts, and clean energy economy. To hold hearings to examine combating promote the value of public service, SD–406 distracted driving, focusing on man- and H.R. 129, to authorize the convey- aging behavioral and technological 2:30 p.m. ance of certain National Forest System risks. Commerce, Science, and Transportation lands in the Los Padres National For- SR–253 To hold an oversight hearing to examine est in California. the broadband stimulus programs in Energy and Natural Resources SD–366 the American Recovery and Reinvest- National Parks Subcommittee ment Act. To hold hearings to examine current and NOVEMBER 5 SR–253 expected impacts of climate change on Agriculture, Nutrition, and Forestry units of the National Park System. 10 a.m. Domestic and Foreign Marketing, Inspec- SD–366 Veterans’ Affairs tion, and Plant and Animal Health To hold hearings to examine Veterans’ Subcommittee OCTOBER 29 Affairs and Indian Health Service co- Production, Income Protection and Price 10 a.m. operation. Support Subcommittee Health, Education, Labor, and Pensions SR–418 To hold joint hearings to examine low To hold hearings to examine helping dairy prices, focusing on exploring ave- workers preserve retirement security nues for federal action. through a recession. SR–328A SD–430

VerDate Nov 24 2008 04:06 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M21OC8.000 E21OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS Wednesday, October 21, 2009 Daily Digest Senate By 47 yeas to 53 nays (Vote No. 325), three-fifths Chamber Action of those Senators duly chosen and sworn, not having Routine Proceedings, pages S10587–10653 voted in the affirmative, Senate rejected the motion Measures Introduced: Sixteen bills and five resolu- to close further debate on the motion to proceed to tions were introduced, as follows: S. 1819–1834, and consideration of the bill. Page S10614 S. Res. 315–319. Page S10635 Unemployment Compensation Extension Act— Measures Reported: Cloture: Senate began consideration of the motion to S. 668, to reauthorize the Northwest Straits Ma- proceed to consideration of H.R. 3548, to amend the rine Conservation Initiative Act to promote the pro- Supplemental Appropriations Act, 2008 to provide tection of the resources of the Northwest Straits, for the temporary availability of certain additional with an amendment in the nature of a substitute. (S. emergency unemployment compensation. Page S10653 Rept. No. 111–90) Page S10634 A motion was entered to close further debate on Measures Passed: the motion to proceed to consideration of the bill, and, in accordance with the provisions of Rule XXII Honoring Former Senator Clifford Peter Han- of the Standing Rules of the Senate, a vote on clo- sen: Senate agreed to S. Res. 315, relative to the ture will occur on Friday, October 23, 2009. death of Clifford Peter Hansen, former United States Page S10653 Senator for the State of Wyoming. Pages S10648–50 Subsequently, the motion to proceed was with- Boy Scouts of America Day: Committee on the drawn. Page S10653 Judiciary was discharged from further consideration Conference Reports: of S. Res. 112, designating February 8, 2010, as ‘‘Boy Scouts of America Day’’, in celebration of the Department of Defense Authorization Act Con- 100th anniversary of the largest youth scouting orga- ference Report—Agreement: Senate continued nization in the United States, and the resolution was consideration of the conference report to accompany then agreed to. Pages S10650–51 H.R. 2647, to authorize appropriations for fiscal year 2010 for military activities of the Department of Lights On Afterschool: Senate agreed to S. Res. Defense, for military construction, and for defense 318, supporting ‘‘Lights On Afterschool’’, a national activities of the Department of Energy, to prescribe celebration of afterschool programs. Page S10651 military personnel strengths for such fiscal year, to Women in National FFA Organization: Senate provide special pays and allowances to certain mem- agreed to S. Res. 319, commemorating 40 years of bers of the Armed Forces, expand concurrent receipt membership by women in the National FFA Organi- of military retirement and VA disability benefits to zation and celebrating the achievements and con- disabled military retirees. Pages S10614–32 tributions of female members of the National FFA A unanimous-consent-time agreement was reached Organization. Pages S10651–52 providing for further consideration of the conference Measures Considered: report at approximately 10:30 a.m., on Thursday, Medicare Physicians Fairness Act: Senate resumed October 22, 2009, and that there be one hour for consideration of the motion to proceed to consider- debate equally divided and controlled between Sen- ation of S. 1776, to amend title XVIII of the Social ators Levin and McCain, or their designees, prior to Security Act to provide for the update under the the vote on the motion to invoke cloture on the con- Medicare physician fee schedule for years beginning ference report. Page S10653 with 2010 and to sunset the application of the sus- Nominations Confirmed: Senate confirmed the fol- tainable growth rate formula. Pages S10613–14 lowing nominations: During consideration of this measure today, Senate By unanimous vote of 100 yeas (Vote No. EX. also took the following action: 324), Roberto A. Lange, of South Dakota, to be D1205

VerDate Nov 24 2008 04:00 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC D21OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST D1206 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 2009 United States District Judge for the District of The George Washington University Elliott School of South Dakota. Pages S10601–11 International Affairs, and Lennard A. Fisk, Univer- William K. Sessions III, of Vermont, to be Chair sity of Michigan, both of Washington, DC; Jeanne of the United States Sentencing Commission. L. Becker, National Space Biomedical Research Insti- A unanimous-consent agreement was reached pro- tute, Houston, Texas; and Helen Greiner, The Droid viding that the previously scheduled vote on the mo- Works, Framingham, Massachusetts. tion to invoke cloture on the nomination, be with- drawn. ENERGY CONSUMERS AND ENERGY PRICES William E. Spriggs, of Virginia, to be an Assist- Committee on Energy and Natural Resources: Committee ant Secretary of Labor. concluded a hearing to examine the costs and bene- Joseph A. Main, of Virginia, to be Assistant Sec- fits for energy consumers and energy prices associ- retary of Labor for Mine Safety and Health. ated with the allocation of greenhouse gas emission Jose Antonio Garcia, of Florida, to be Director of allowances, after receiving testimony from Gilbert E. the Office of Minority Economic Impact, Depart- Metcalf, Tufts University, Medford, Massachusetts; ment of Energy. Darius Gaskins, Resources for the Future, and Chad Marcia K. McNutt, of California, to be Director Stone, Center on Budget and Policy Priorities, both of the United States Geological Survey. of Washington, DC; and Alfred Denny Ellerman, Arun Majumdar, of California, to be Director of Cambridge, Massachusetts. the Advanced Research Projects Agency-Energy, De- NATIONAL RESPONSE TO THE H1N1 FLU partment of Energy. Pages S10652–53 Committee on Homeland Security and Governmental Af- Messages from the House: Pages S10633–34 fairs: Committee concluded a hearing to examine Measures Referred: Page S10634 H1N1 flu, focusing on monitoring the nation’s re- Executive Communications: Page S10634 sponse, after receiving testimony from Janet Napolitano, Secretary of Homeland Security; Kath- Executive Reports of Committees: Page S10634 leen Sebelius, Secretary of Health and Human Serv- Additional Cosponsors: Pages S10635–37 ices; and Arne Duncan, Secretary of Education. Statements on Introduced Bills/Resolutions: BUSINESS MEETING Pages S10637–47 Committee on Health, Education, Labor, and Pensions: Additional Statements: Page S10633 Committee ordered favorably reported the nomina- Amendments Submitted: Pages S10647–48 tions of Craig Becker, of Illinois, Mark Gaston Notices of Hearings/Meetings: Page S10648 Pearce, of New York, and Brian Hayes, of Massachu- setts, all to be a Member of the National Labor Re- Authorities for Committees to Meet: Page S10648 lations Board, Rolena Klahn Adorno, of Connecticut, Privileges of the Floor: Page S10648 and Marvin Krislov, of Ohio, both to be a Member Record Votes: Two record votes were taken today. of the National Council on the Humanities, and (Total—325) Pages S10611, S10614 Gloria Valencia-Weber, of New Mexico, Julie A. Reiskin, of Colorado, Martha L. Minow, of Illinois, Adjournment: Senate convened at 9:30 a.m. and John Gerson Levi, of Illinois, and Robert James adjourned, in accordance with S. Res. 315, at 7:50 Grey, Jr., of Virginia, all to be a Member of the p.m., until 9:30 a.m. on Thursday, October 22, Board of Directors of the Legal Services Corporation. 2009. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on Page S10653.) NOMINATIONS Committee on the Judiciary: Committee concluded a Committee Meetings hearing to examine the nominations of Jane Branstetter Stranch, of Tennessee, to be United (Committees not listed did not meet) States Circuit Judge for the Sixth Circuit, who was VALUE OF SPACE introduced by Senators Alexander and Corker, and Benjamin B. Tucker, of New York, to be Deputy Committee on Commerce, Science, and Transportation: Sub- Director for State, Local, and Tribal Affairs, Office committee on Science and Space concluded a hearing of National Drug Control Policy, after the nominees to examine space, focusing on the value, after receiv- testified and answered questions in their own behalf. ing testimony from Stephen I. Katz, Director, Na- tional Institute of Arthritis and Musculoskeletal and HEALTH AND BENEFITS LEGISLATION Skin Diseases, National Institutes of Health, Depart- Committee on Veterans’ Affairs: Committee concluded a ment of Health and Human Services; Scott Pace, hearing on pending legislation related to veterans

VerDate Nov 24 2008 04:00 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC D21OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST October 21, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1207 health and benefits, after receiving testimony from DC; and Bill Fenn, The American Academy of Phy- Senators Reed and Bayh; Gerald M. Cross, Acting sician Assistants, Alexandria, Virginia. Under Secretary for Health, Veterans Health Admin- COUNTERNARCOTICS IN AFGHANISTAN istration, Brad Mayes, Director, Compensation and Pension Service, Veterans Benefits Administration, United States Senate Caucus on International Narcotics and Walter Hall, and Richard Hipolit, both Assist- Control: Caucus concluded a hearing to examine ant General Counsel, all of the Department of Vet- United States counternarcotics strategy in Afghani- erans Affairs; Robert Jackson, Veterans of Foreign stan, after receiving testimony from Michael A. Wars of the United States, Ian de Planque, The Braun, Spectre Group International, LLC, Alexan- American Legion, John Driscoll, National Coalition dria, Virginia; Norine MacDonald, International Council on Security and Development, Lashkar Gah, for Homeless Veterans, and Rick McMichael, Amer- Afghanistan; and Vanda Felbab-Brown, Brookings ican Chiropractic Association, all of Washington, Institution, Washington, DC. h House of Representatives Speaker: Read a letter from the Speaker wherein she Chamber Action appointed Representative Pastor to act as Speaker Public Bills and Resolutions Introduced: 13 pub- Pro Tempore for today. Page H11519 lic bills, H.R. 3885–3897; 1 resolution, H. Res. 852 Chaplain: The prayer was offered by the Guest were introduced. Pages H11580–81 Chaplain, Reverend Darrell Armstrong, Shiloh Bap- Additional Cosponsors: Pages H11581–82 tist Church, Trenton, New Jersey. Page H11519 Reports Filed: Reports were filed today as follows: Suspensions: The House agreed to suspend the rules H.R. 1061, to transfer certain land to the United and pass the following measures: States to be held in trust for the Hoh Indian Tribe Ryan White HIV/AIDS Treatment Extension and to place land into trust for the Hoh Indian Act of 2009: S. 1793, to amend title XXVI of the Tribe, with an amendment (H. Rept. 111–306); Public Health Service Act to revise and extend the H.R. 1471, to expand the boundary of the Jimmy program for providing life-saving care for those with Carter National Historic Site in the State of Georgia HIV/AIDS, by a 2⁄3 yea-and-nay vote of 408 yeas to and to redesignate the unit as a National Historical 9 nays, Roll No. 793; Pages H11523–33, H11553 Park, with an amendment (H. Rept. 111–307); H.R. 2008, to authorize the Secretary of the Inte- Expressing support for designation of October rior to facilitate the development of hydroelectric 2009 as ‘‘National Principals Month’’: H. Res. power on the Diamond Fork System of the Central 811, amended, to express support for designation of Utah Project, with an amendment (H. Rept. October 2009 as ‘‘National Principals Month’’, by a 111–308); 2⁄3 yea-and-nay vote of 411 yeas with none voting H.R. 2489, to authorize a comprehensive national ‘‘nay’’, Roll No. 794; Pages H11533–35, 11553–54 cooperative geospatial imagery mapping program Recognizing Kentucky Wesleyan College for over through the United States Geological Survey, to pro- 150 years of service as an institution of higher mote use of the program for education, workforce education: H. Res. 837, to recognize Kentucky training and development, and applied research, and Wesleyan College for over 150 years of service as an to support Federal, State, tribal, and local govern- institution of higher education, by a 2⁄3 yea-and-nay ment programs, with amendments (H. Rept. vote of 415 yeas with none voting ‘‘nay’’, Roll No. 111–309); 795; Pages H11535–36, H11554 H.R. 715, to expand the boundary of Saguaro Na- Recognizing the distinguished history of the tional Park and to study additional land for future Laurinburg Normal Industrial Institute: H. Res. adjustments to the boundary of the Park (H. Rept. 111–310); and H. Res. 853, providing for consider- 660, amended, to recognize the distinguished history of the Laurinburg Normal Industrial Institute, by a ation of the bill (H.R. 3619) to authorize appropria- 2 tions for the Coast Guard for fiscal year 2010 (H. ⁄3 yea-and-nay vote of 418 yeas with none voting ‘‘nay’’, Roll No. 796; Pages H11536–38, H11555 Rept. 111–311). Page H11580

VerDate Nov 24 2008 04:00 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC D21OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST D1208 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 2009 Morris K. Udall Scholarship and Excellence in Condemning the Government of Iran for its National Environmental Policy Amendments Act state-sponsored persecution of its Baha’i minority of 2009: S. 1818, to amend the Morris K. Udall and its continued violation of the International Scholarship and Excellence in National Environ- Covenants on Human Rights: H. Res. 175, to con- mental and Native American Public Policy Act of demn the Government of Iran for its state-sponsored 1992 to honor the legacy of Stewart L. Udall; persecution of its Baha’i minority and its continued Pages H11539–40 violation of the International Covenants on Human Authorizing the use of the rotunda of the Cap- Rights. Pages H11549–51 itol for the presentation of the Congressional Gold Senate Message: Message received from the Senate Medal to former Senator Edward Brooke: S. Con. today appears on page H11519. Res. 43, to authorize the use of the rotunda of the Senate Referrals: S. 1818 was held at the desk. Capitol for the presentation of the Congressional Page H11579 Gold Medal to former Senator Edward Brooke, by a Quorum Calls—Votes: Five yea-and-nay votes de- 2⁄3 yea-and-nay vote of 417 yeas with none voting veloped during the proceedings of today and appear ‘‘nay’’, Roll No. 797; Pages H11540–42, H11555–56 on pages H11553, H11553–54, H11554, H11555, Remembering and commemorating the lives and H11555–56. There were no quorum calls. work of Jesuit Fathers Ignacio Ellacuria, Ignacio Martin-Baro, Segundo Montes, Amando Lopez, Adjournment: The House met at 10 a.m. and ad- Juan Ramon Moreno, Joaquin Lopez y Lopez, and journed at 5:36 p.m. housekeeper Julia Elba Ramos and her daughter Celina Mariset Ramos: H. Res. 761, amended, to Committee Meetings remember and commemorate the lives and work of OVER-THE COUNTER DERIVATIVES Jesuit Fathers Ignacio Ellacuria, Ignacio Martin-Baro, MARKETS ACT; AND WATERSHED Segundo Montes, Amando Lopez, Juan Ramon PROJECTS Moreno, Joaquin Lopez y Lopez, and housekeeper Committee on Agriculture: Ordered reported, as amend- Julia Elba Ramos and her daughter Celina Mariset ed, H.R. 3795, Over-the-Counter Derivatives Mar- Ramos on the occasion of the 20th anniversary of kets Act of 2009. their deaths at the University of Central America The Committee also approved the Dunloup Creek Jose Simeon Canas located in San Salvador, El Sal- Watershed of West Virginia and the Cape Cod Wa- vador on November 16, 1989; Pages H11542–45 tershed of Massachusetts projects. Calling on the Government of the Socialist Re- USDA RURAL BUSINESS PROGRAMS public of Vietnam to release imprisoned bloggers and respect Internet freedom: H. Res. 672, to call Committee on Agriculture: Subcommittee on Rural De- on the Government of the Socialist Republic of Viet- velopment, Biotechnology, Specialty Crops and For- nam to release imprisoned bloggers and respect eign Agriculture held a hearing to examine U.S. De- Internet freedom; and Pages H11545–49 partment of Agriculture rural business programs, conditions for rural entrepreneurship and business Expressing deep condolences to the families, development. Testimony was heard from Judy friends, and colleagues of those killed and injured Canales, Administrator, Rural Business and Coopera- in the attack on the United Nations World Food tive Program, USDA; and public witnesses.. Program (WFP) office in Islamabad, Pakistan, on October 5, 2009: H. Res. 823, to express deep con- MILITARY REDEPLOYMENT FROM IRAQ dolences to the families, friends, and colleagues of Committee on Armed Services: Held a hearing on U.S. those killed and injured in the attack on the United Military Redeployment from Iraq: Issues and Chal- Nations World Food Program (WFP) office in lenges. Testimony was heard from the following offi- Islamabad, Pakistan, on October 5, 2009, and sup- cials of the Department of Defense: Michele port for the WFP’s mission to bring emergency food Flournoy, Under Secretary, Policy; Alan Estevez, aid to the most vulnerable people of Pakistan and Acting Deputy Under Secretary, Logistics and Mate- around the world. Pages H11551–52 riel Readiness; LTG Kathleen Gainey, USA, Joint Suspensions—Proceedings Postponed: The House Staff. Director, Logistics (J–4); and VADM James A. debated the following measures under suspension of Winnefeld, USN, Joint Staff, Director, Strategic the rules. Further proceedings were postponed: Plans and Policy (J–5). Expressing support for Teen Read Week: H. Res. MISCELLANEOUS MEASURES 836, to express support for Teen Read Week and Committee on Energy and Commerce: Ordered reported, Page H11538 as amended, following bills: H.R. 3276, American

VerDate Nov 24 2008 04:00 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC D21OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST October 21, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1209 Medical Isotopes Production Act of 2009; H.R. vate Immigration bills; and Rules of Procedure for 3258, Drinking Water System Security Act of 2009; Private Claims bills. H.R. 2858, Chemical Facilities Anti-Terrorism Act TRIBAL HOMEOWNERSHIP ACT of 2009; and H.R. 2190, Mercury Pollution Reduc- tion Act. Committee on Natural Resources: Held a hearing on H.R. 2523, Helping Expedite and Advance Respon- CONSUMER FINANCIAL PROTECTION ACT sible Tribal Homeownership Act or the HEARTH OF 2009 Act. Testimony was heard from Jerry Gidner, Direc- Committee on Financial Assistance: Continued mark up tor, Bureau of Indian Affairs, Department of the In- of the Discussion Draft of the Consumer Financial terior; and public witnesses. Protection Agency Act of 2009 (to be reported as CENSUS MASTER ADDRESS FILE AND H.R. 3126, Consumer Financial Protection Agency CONCERNS Act of 2009). Committee on Oversight and Government Reform: Sub- Will continue tomorrow. committee on Information Policy, Census, and Na- U.S. BURMA POLICY tional Archives held a hearing entitled: ‘‘The 2010 Census Master Address File: Issues and Concerns.’’ Committee on Foreign Affairs: Held a hearing on U.S. Testimony was heard from the following officials of Policy Toward Burma. Testimony was heard from the Department of Commerce: Robert Groves, Direc- Kurt M. Campbell, Assistant Secretary, Bureau of tor, Bureau of the Census; and Todd Zinser, Inspec- East Asian and Pacific Affairs, Department of State; tor General; Robert Goldenkoff, Director, Strategic and public witnesses. Issues, GAO; and a public witness. INTERNATIONAL VIOLENCE AGAINST COAST GUARD AUTHORIZATION ACT OF WOMEN 2010 Committee on Foreign Affairs: Subcommittee on Inter- Committee on Rules: Committee granted, by a voice national Organizations, Human Rights and Over- vote, a structured rule providing for consideration of sight held a hearing on International Violence H.R. 3619, the ‘‘Coast Guard Authorization Act of Against Women: Stories and Solutions. Testimony 2010’’. The rule provides one hour of general debate, was heard from Representative Schakowsky; Melanne with 40 minutes equally divided and controlled by Verveer, Ambassador-at-Large, Office of Global the chairman and ranking minority member of the Women’s Issues, Department of State; and public Committee on Transportation and Infrastructure and witnesses. 20 minutes equally divided and controlled by the chairman and ranking minority member of the Com- ELECTION REGISTRATION mittee on Homeland Security. The rule waives all MODERNIZATION points of order against consideration of the bill ex- Committee on House Administration: Subcommittee on cept those arising under clause 9 or 10 of rule XXI. Elections held a hearing on Modernizing the Elec- The rule provides that the amendment in the na- tion Registration Process. Testimony was heard from ture of a substitute recommended by the Committee Todd Rokita, Secretary of State, State of Indiana; on Transportation and Infrastructure shall be consid- Elaine Manlove, Commissioner of Elections, State of ered as adopted in the House and in the Committee Delaware; Katie Blinn, Assistant Director, Elections, of the Whole. The bill, as amended, shall be consid- State of Washington; and a public witness. ered as an original bill for the purpose of amend- ment and shall be considered as read. The rule MISCELLANEOUS MEASURES waives all points of order against the amendment in Committee on the Judiciary: Ordered reported the fol- the nature of a substitute except for clause 10 of rule lowing bills: H.R. 3596, amended, Health Insurance XXI. Industry Antitrust Enforcement Act of 2009; H.R. The rule further makes in order only those 412, amended, Commission on Wartime Relocation amendments printed in the report of the Committee and Internment of Latin Americans of Japanese De- on Rules. The amendments made in order may be scent Act; H.R. 1425, amended, Wartime Treat- offered only in the order printed in the report, may ment Study Act; and H.R. 3237, To enact certain be offered only by a Member designated in the re- laws relating to national and commercial space pro- port, shall be considered as read, shall be debatable grams as title 51, United States Code, ‘‘National and for the time specified in the report equally divided Commercial Space Programs.’’ and controlled by the proponent and an opponent, The Committee also approved the following: shall not be subject to amendment, and shall not be Rules of Procedure and Statement of Policy for Pri- subject to a demand for division of the question. All

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points of order against the amendments except for PATRIOT ACT REAUTHORIZATION clauses 9 and 10 of rule XXI are waived. In the case Permanent Select Committee on Intelligence: Met in execu- of sundry amendments reported from the Com- tive session to hold a hearing on Patriot Act Reau- mittee, the question of their adoption shall be put thorization, Testimony was heard from David Kris, to the House en gros and without division of the Assistant Attorney General, National Security, De- question. partment of Justice; Michael Leiter, Director, Na- The rule provides one motion to recommit with tional Counterterrorism Center, Office of the Direc- or without instructions. The rule provides that the tor of National Intelligence; and Robert Joyce, Asso- Chair may entertain a motion that the committee ciate Deputy Director, Counterterrorism, NSA, De- rise only if offered by the chair of the Committee on partment of Defense. Transportation and Infrastructure or his designee. Fi- nally, the rule provides that the chair may not enter- tain a motion to strike out the enacting words of the Joint Meetings bill. Testimony was heard from Chairman Oberstar No joint committee meetings were held. and Representatives Taylor, Scott of Virginia and LoBiondo. f MISCELLANEOUS MEASURES NEW PUBLIC LAWS Committee on Science and Technology: Ordered reported, (For last listing of Public Laws, see DAILY DIGEST, p. D1186) as amended, the following bills: H.R. 3791, Fire H.R. 1687, to designate the Federal building and Grants Reauthorization Act of 2009; and H.R. United States courthouse located at McKinley Ave- 3820, Natural Hazards Risk Reduction Act of 2009. nue and Third Street, SW., Canton, Ohio, as the BIOMASS ENERGY RESEARCH ‘‘Ralph Regula Federal Building and United States Committee on Science and Technology: Subcommittee on Courthouse’’. Signed on October 19, 2009. (Public Energy and Environment held a hearing on Biomass Law 111–74) for Thermal Energy and Electricity Through a Re- H.R. 2053, to designate the United States court- search and Development Portfolio for the Future. house located at 525 Magoffin Avenue in El Paso, Testimony was heard from Scott M. Klara, Director, Texas, as the ‘‘Albert Armendariz, Sr., United States Strategic Center for Coal, National Energy Tech- Courthouse’’. Signed on October 19, 2009. (Public nology Laboratory, Department of Energy; and pub- Law 111–75) lic witnesses. H.R. 2121, to provide for the transfer of certain Federal property to the Galveston Historical Founda- SMALL BUSINESS FINANCIAL AND tion. Signed on October 19, 2009. (Public Law INVESTMENT ACT OF 2009 111–76) Committee on Small Business: Ordered reported H.R. H.R. 2498, to designate the Federal building lo- 3854, Small Business Financing and Investment Act cated at 844 North Rush Street in Chicago, Illinois, of 2009. as the ‘‘William O. Lipinski Federal Building’’. VETERANS MEASURES Signed on October 19, 2009. (Public Law 111–77) Committee on Veterans Affairs: Subcommittee Dis- H.R. 2913, to designate the United States court- ability Assistance and Memorial Affairs approved for house located at 301 Simonton Street in Key West, full Committee action the following bills: H.R. 761, Florida, as the ‘‘Sidney M. Aronovitz United States amended, To amend title 38, United States Code, to Courthouse’’. Signed on October 19, 2009. (Public provide for the eligibility of parents of certain de- Law 111–78) ceased veterans for interment in national cemeteries; S. 1289, to improve title 18 of the United States H.R. 3485, Veterans Pensions Protection Act. Code. Signed on October 19, 2009. (Public Law 111–79) BRIEFING—UPDATE COUNTERNARCOTICS H.R. 2997, making appropriations for Agri- EFFORTS IN MEXICO culture, Rural Development, Food and Drug Admin- Permanent Select Committee on Intelligence: Met in execu- istration, and Related Agencies programs for the fis- tive session to receive a briefing on Update on Coun- cal year ending September 30, 2010, and for other ternarcotics Efforts in Mexico. The Committee was purposes. Signed on October 21, 2009. (Public Law briefed by departmental witnesses. 111–80)

VerDate Nov 24 2008 04:00 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC D21OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST October 21, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1211 COMMITTEE MEETINGS FOR THURSDAY, Subcommittee on Terrorism Threats and Capabilities, hearing on counterterrorism within the Afghanistan coun- OCTOBER 22, 2009 terinsurgency, 10:30 a.m., 210 HVC. (Committee meetings are open unless otherwise indicated) Committee on Energy and Commerce, Subcommittee on Communications, Technology, and the Internet, hearing Senate entitled ‘‘Video Competition in a Digital Age,’’ 10 a.m., Committee on Armed Services: to hold hearings to examine 2123 Rayburn. the nominations of Christine H. Fox, of Virginia, to be Committee on Financial Assistance, to continue mark up Director of Cost Assessment and Program Evaluation, of the Discussion Draft of the Consumer Financial Protec- Frank Kendall III, of Virginia, to be Deputy Under Sec- tion Agency Act of 2009 (to be reported as H.R. 3126, retary for Acquisition and Technology, Gladys Commons, Consumer Financial Protection Agency Act of 2009), of Virginia, to be Assistant Secretary of the Navy, and 9:30 a.m., 2123 Rayburn. Terry A. Yonkers, of Maryland, to be Assistant Secretary Committee on Foreign Affairs, Subcommittee on Inter- of the Air Force, all of the Department of Defense, 9:30 national Organizations, Human Rights and Oversight, a.m., SH–216. hearing on Concerns Regarding Possible Collusion in Committee on Foreign Relations: to hold hearings to exam- Northern Ireland: Police and Paramilitary Groups, 10 ine the North Atlantic Treaty Organization (NATO), fo- a.m., 2172 Rayburn. cusing on a strategic concept for transatlantic security, 10 Committee on Homeland Security, Subcommittee on Bor- a.m., SD–419. der, Maritime and Global Counterterrorism, hearing enti- Full Committee, to receive a briefing to examine Iran, tled ‘‘Cargo Security at Land Ports of Entry: Are We 3 p.m., SVC–217. Meeting the Challenge?’’ 10 a.m., 311 Cannon. Committee on Health, Education, Labor, and Pensions: to Committee on the Judiciary, Subcommittee on Commer- hold hearings to examine keeping America’s families safe, cial and Administrative Law, hearing on Too Big to Fail: focusing on reforming the food safety system, 10 a.m., The Role for Bankruptcy and antitrust Law in Financial SD–430. Regulation Reform, 11 a.m., 2141 Rayburn. Committee on Homeland Security and Governmental Affairs: Committee on Science and Technology, Subcommittee on to hold hearings to examine the past, present, and future Research and Science Education, hearing on Engineering of policy czars, 10 a.m., SD–342. in K–12 Education, 10 a.m., 2325 Rayburn. Subcommittee on Space and Aeronautics, hearing on Committee on Indian Affairs: business meeting to con- Strengthening NASA’s Technology Development Pro- sider pending calendar business; to be immediately fol- grams, 10 a.m., 2318 Rayburn. lowed by an oversight hearing to examine Indian energy Subcommittee on Technology and Innovation, hearing and energy efficiency, 2:15 p.m., SD–628. on Cybersecurity Activity at NIST’s Information Tech- Committee on the Judiciary: business meeting to consider nology Laboratory, 2 p.m., 2318 Rayburn. S. 448 and H.R. 985, bills to maintain the free flow of Committee on Veterans Affairs, Subcommittee on Health, information to the public by providing conditions for the to mark up the following: H.R. 2504, To amend title 38, federally compelled disclosure of information by certain United States Code, to provide for an increase in the an- persons connected with the news media, S. 1340, to es- nual amount authorized to be appropriated to the Sec- tablish a minimum funding level for programs under the retary of Veterans Affairs to carry out comprehensive serv- Victims of Crime Act of 1984 for fiscal years 2010 to ice programs for homeless veterans; H.R. 2559, Help Our 2014 that ensures a reasonable growth in victim pro- Homeless Veterans Act; H.R. 2735, To amend title 38, grams without jeopardizing the long-term sustainability United States Code, to mark certain improvements to the of the Crime Victims Fund, and S. 714, to establish the comprehensive service programs for homeless veterans; National Criminal Justice Commission, and the nomina- H.R. 3885, Veterans Dog Training Therapy Act, and a tions of Barbara Milano Keenan, of Virginia, to be draft bill, 10 a.m., 334 Cannon. United States Circuit Judge for the Fourth Circuit, and Committee on Ways and Means, Subcommittee on Over- Laurie O. Robinson, of the District of Columbia, to be sight, hearing on administration of the first-time home- an Assistant Attorney General, and Benjamin B. Wagner, buyer tax credit, 10 a.m., 1100 Longworth. to be United States Attorney for the Eastern District of Permanent Select Committee on Intelligence, Subcommittee California, both of the Department of Justice, 10 a.m., on Intelligence Community Management, hearing on SD–226. Statutory Requirements for Congressional Notifications, Select Committee on Intelligence: to hold closed hearings to 10 a.m., 340 Cannon. consider certain intelligence matters, 2:30 p.m., S–407, Select Committee on Energy Independence and Global Warm- Capitol. ing, hearing entitled ‘‘Building U.S. Resilience to Global House Warming Impacts,’’ 9:30 a.m., 2175 Rayburn. Committee on Agriculture, Subcommittee on Livestock, Joint Meetings Dairy and Poultry, hearing to review the economic condi- Joint Economic Committee: to hold hearings to examine tions facing the pork industry, 10 a.m., 1300 Longworth. the economic outlook, 10 a.m., 210, Cannon Building. Committee on Armed Services, Subcommittee on Oversight Commission on Security and Cooperation in Europe: to re- and Investigations, hearing on Afghanistan and Irag: Per- ceive a briefing on new media in authoritarian regimes, spectives on U.S. Strategy, 2 p.m., 210 HVC. 2 p.m., 1539, Longworth Building.

VerDate Nov 24 2008 04:00 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D21OC9.REC D21OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST D1212 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 2009

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, October 22 10 a.m., Thursday, October 22

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 3585— morning business (not to extend beyond one hour), Senate Solar Technology Roadmap Act (Subject to a Rule). will continue consideration of the conference report to ac- company H.R. 2647, Department of Defense Authoriza- tion Act, and after a period of debate, vote on the motion to invoke cloture on the conference report.

Extensions of Remarks, as inserted in this issue

HOUSE Faleomavaega, Eni F.H., American Samoa, E2589 Matsui, Doris O., Calif., E2592 Fortenberry, Jeff, Nebr., E2590 Paul, Ron, Tex., E2595 Akin, W. Todd, Mo., E2592 Gerlach, Jim, Pa., E2591, E2595, E2597 Rehberg, Denny, Mont., E2597, E2598 Austria, Steve, Ohio, E2596 Giffords, Gabrielle, Ariz., E2596 Rohrabacher, Dana, Calif., E2593 Bonner, Jo, Ala., E2591 Gonzalez, Charles A., Tex., E2598 Ruppersberger, C.A. Dutch, Md., E2596 Butterfield, G.K., N.C., E2592 Graves, Sam, Mo., E2595 Sanchez, Loretta, Calif., E2596, E2599 Capuano, Michael E., Mass., E2592 Holt, Rush D., N.J., E2599 Skelton, Ike, Mo., E2589, E2599 Carney, Christopher P., Pa., E2598 Lowey, Nita M., N.Y., E2590 Smith, Christopher H., N.J., E2590 Carter, John R., Tex., E2591 McClintock, Tom, Calif., E2589, E2590 Thompson, Bennie G., Miss., E2595 Castle, Michael N., Del., E2589, E2590 McMorris Rodgers, Cathy, Wash., E2595 Titus, Dina, Nev., E2589 Cole, Tom, Okla., E2593 Maloney, Carolyn B., N.Y., E2598 Towns, Edolphus, N.Y., E2591, E2593 Davis, Danny K., Ill., E2597 Manzullo, Donald A., Ill., E2597 Van Hollen, Chris, Md., E2599

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