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

Vol. 156 WASHINGTON, TUESDAY, JULY 13, 2010 No. 103 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a other than amendments that will get called to order by the Honorable Senator from the State of New Hampshire, us into areas we need not get into. This JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. is a bill to promote jobs through small State of New Hampshire. DANIEL K. INOUYE, business, where most jobs are created. President pro tempore. I hope we can do that. I also expect to PRAYER Mrs. SHAHEEN thereupon assumed consider the Wall Street reform con- The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- ference report sometime later in the fered the following prayer: pore. day. Let us pray. f f Merciful God, sustainer of our lives, RECOGNITION OF THE MAJORITY ORDER FOR PRINTING OF SENATE provide for all the needs of our law- LEADER makers. Give them strength for strug- PRAYER gles and successes, for shadows and The ACTING PRESIDENT pro tem- Mr. REID. Madam President, I ask sunshine, for valleys and mountain pore. The majority leader is recog- that the prayer de- summits. Awaken in all of us a fresh nized. livered by our Senate Chaplain on appreciation for this great land, inspir- f Thursday, July 1, when the Senate ing us to keep alive a real sense of free- SCHEDULE gathered to remember Senator Robert dom. C. Byrd, be printed in the RECORD and Lord, thank You for our Nation’s Mr. REID. Madam President, fol- as a part of the memorial book of Sen- Founders, for their ideals and prin- lowing leader remarks, the Senate will ate tributes. ciples. We are grateful also for the long proceed to a period of morning busi- There being no objection, the prayer line of patriots who have kept free- ness. Senators will be allowed to speak was ordered to be printed in the dom’s flame burning brightly. As for up to 10 minutes each. That will be RECORD, as follows: until 12:30 today. American citizens, give us a love for PRAYER FOR SENATOR ROBERT C. BYRD ORDER OF PROCEDURE righteousness so that, receiving Your (By Dr. Barry C. Black, Thursday, July 1, grace, we may bless the world for the I ask unanimous consent that the Re- 2010) praise of Your glory. publicans control the first 30 minutes Let us pray. We pray in Your sacred Name. Amen. and the majority control the next 30 God our refuge and strength, close at hand f minutes. in distress and giver of all comforts, we The ACTING PRESIDENT pro tem- thank You for giving us the gift of Senator PLEDGE OF ALLEGIANCE pore. Without objection, it is so or- Robert Carlyle Byrd. Lord, we appreciate his The Honorable JEANNE SHAHEEN led dered. wit and wisdom, his stories and music, as the Pledge of Allegiance, as follows: Mr. REID. Madam President, today I well as his indefatigable commitment to the principles of freedom that make America I pledge allegiance to the Flag of the hope we can return to the small busi- great. Thank You for blessing us with his United States of America, and to the Repub- ness jobs bill. I am confident amend- passion for history and his willingness to lic for which it stands, one nation under God, ments should already have been ex- challenge conventional wisdom in his quest indivisible, with liberty and justice for all. changed. We are in a difficult situa- to keep our Nation strong. Deal graciously f tion. It is a tax bill. We can go back with all who mourn, that, casting every care APPOINTMENT OF ACTING and look through many Congresses in on You, we may know the consolation of PRESIDENT PRO TEMPORE the past. Whenever we get close to an Your love. election, there is a tax bill on the floor, Lord, comfort Mona and Marjorie and all The PRESIDING OFFICER. The so we have to be very careful how the of Senator Byrd’s loved ones, dispelling their clerk will please read a communication fears with Your love, easing their loneliness amendment process works. I hope we to the Senate from the President pro with Your presence, and renewing their can move forward in good faith, have tempore (Mr. INOUYE). hopes with Your promises. amendments offered by each side. I The legislative clerk read the fol- In Your mercy turn the darkness of death have had calls from two Republican into the dawn of new life, and the sorrow of lowing letter: Senators wanting to move forward on parting into the joy of heaven. U.S. SENATE, this bill. I hope we can do that. The We pray in Your Holy Name. Amen. PRESIDENT PRO TEMPORE, Washington, DC, July 13, 2010. fact that the so-called tree is filled Mr. REID. I suggest the absence of a To the Senate: should not bar any constructive consid- . Under the provisions of rule I, paragraph 3, eration of this legislation. There is no The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby effort being made to stop amendments, pore. The clerk will call the roll.

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

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VerDate Mar 15 2010 23:54 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JY6.000 S13JYPT1 jbell on DSKDVH8Z91PROD with SENATE S5754 CONGRESSIONAL RECORD — SENATE July 13, 2010 The legislative clerk proceeded to lation that will be impacted. Yet we venting the nomination from moving call the roll. now have a director of Medicaid and forward was done before a hearing took Mr. BARRASSO. I ask unanimous Medicare, finally named by the Presi- place, or even the questionnaire. consent that the order for the quorum dent after a full year of debate on a In fact, I was very interested to see call be rescinded. health care law that cut $500 billion the comment of the chairman of the The ACTING PRESIDENT pro tem- from seniors on Medicare and crammed Finance Committee, under whose su- pore. Without objection, it is so or- 16 million more Americans onto Med- pervision in his committee this nomi- dered. icaid, a program that is currently very nation would go through. I quote Sen- ator BAUCUS: f broken. I say to my colleague from Ari- zona, my goodness, the impact on the I’m troubled that, rather than going RESERVATION OF LEADER TIME folks in Arizona is astonishing. through the standard nomination process, There was an article today in one of Dr. Berwick was recess appointed. Senate The ACTING PRESIDENT pro tem- confirmation of presidential appointees is an pore. Under the previous order, the the papers that talks about a Medicaid essential process prescribed by the Constitu- leadership time is reserved. stalemate. They talk about his home tion that serves as a check on executive State of Arizona. They say Arizona has power and protects Montanans and all Amer- f had to cut about a dozen benefits from icans by ensuring that crucial questions are MORNING BUSINESS its Medicaid Program, including hear- asked of the nominee—and answered. So not a single question was asked of The ACTING PRESIDENT pro tem- ing aids, podiatrist services, capped the nominee, much less answered. And, pore. Under the previous order, there physical therapy visits. Yet there was of course, I understand. Having been a will now be a period of morning busi- nobody in charge of Medicaid when the committee chairman myself, I will ness, with Senators permitted to speak President and the Democrats in this body said: Hey, don’t worry. We are take great umbrage of my party, the therein for up to 10 minutes each. President, or the other party that the Mr. BARRASSO. I ask unanimous going the cram another 16 million more Americans onto Medicaid—a system we process was completely bypassed. Be- consent to speak for up to 30 minutes cause the Senate has the responsibility in a colloquy with a number of col- know is broken. So I turn to my colleague from Ari- of . And over time, I leagues. zona and ask him his thoughts on this must admit that both Republican and The ACTING PRESIDENT pro tem- at a time when sen- Democrat administrations have abused pore. Without objection, it is so or- iors and folks around the country are the recess appointment process. Yes, dered. concerned about the debt, the deficit, they have abused it. But I must say, f the economy, and now we are seeing this takes it to a new high or low de- the President making a mockery of his pending on which way you view it. APPOINTMENT OF DR. DONALD We have now seen in this administra- BERWICK previous comments about account- ability and transparency. tion the appointment of various Mr. BARRASSO. Madam President, I Mr. MCCAIN. Could I say to my ‘‘czars,’’ people given responsibilities rise to discuss a recess appointment friend, I think this issue is an alarming over vast areas of government as made last week when many of us were and disturbing one—perhaps one of the ‘‘czars.’’ They have got more czars traveling to visit with constituents to most disturbing, for two reasons: One than the Romanoffs. So this is another talk about the issues of the day. is that this nomination had not even step, in my view, of incursion and en- croachment by the executive branch on During that time, I was in Wyoming, gone through the earliest stages of the legislative branch, a coequal and one of the main issues brought up scrutiny by the relevant committee, branch of government. So that in itself at senior centers was the appointment not to mention the entire Senate; and by the President of Dr. Donald Berwick is extremely disturbing. the other, of course, is the individual Are we going to have nominations to be the head of Medicare and Med- himself who was being nominated, who icaid. I heard the concerns of these made—an announcement of those could only be viewed as extreme, espe- nominations, and then automatically folks because of statements Dr. Ber- cially concerning many of his com- wick had made about the British are we going to have ‘‘recess’’ appoint- ments. One of his greatest rhetorical ments made? What was the hurry? health care system and his love of the hits is: ‘‘any health-care funding plan National Health Service in England. There is going to be another recess in that is just, equitable, civilized and hu- August. There is going to be another They are concerned as to how this gen- mane must—must—redistribute wealth recess in October, unless we go out for tleman, who has taken positions and from the richer among us to the poorer elections. But yet in their zeal and made a number of statements, would and less fortunate.’’ That in itself is a haste, they had to do it over the run Medicare and Medicaid. Specifi- remarkable statement. Fourth of July recess. cally, they had concerns because they But I wish to, for a second, with my I tell you, my friends, this is more had heard his statement: friend, Dr. BARRASSO, go back to this than just one individual. This is a grad- The decision is not whether or not we will process. The fact is, our colleagues on ual and steady erosion of the respon- ration. The decision is whether we will ra- the other side of the aisle blocked for sibilities of the Senate of the United tion with our eyes open. over 2 years the nomination for this States called advice and consent, which Seniors around the State were con- position by President Bush, and this can set dangerous precedence for the cerned about what this means. Then to nomination was barely 3 months old. future. I say to this administration, hear that the President made a deci- He had not even filled out the question- and my friends on the other side of the sion to do a recess appointment of this naire, much less attend a hearing. So aisle—and I appreciate the comments very individual, without hearings in the rationale used by the administra- of the chairman of the Finance Com- the Congress, without an opportunity tion was: Well, the Republicans are mittee—if we allow this to go on, it for the American people to hear spe- going to block it. Well, we may have. will hurt the Senate as an institution, cifically his response to questions we And given the comments and record of not just Republicans, not just Demo- might have—is this what the American Sir Donald—he is a knight, I under- crats, but it will hurt this institution, people want? Absolutely not. We have a stand, knighted by Queen Elizabeth— if we allow, unresponded to, a situation President who campaigned on a pledge well, the comments by Sir Donald cer- where a nominee—his name comes of accountability and transparency. To tainly do give one extreme pause. But over, and not even a hearing, not even me, this makes a mockery of that shouldn’t we at least go through the a question is asked—and immediately pledge because this nominee will not process of the hearing? that nominee is recess appointed, have to answer questions about state- I have been around here a long time, which means they are in a position of ments he has made. and I have not paid attention to every enormous power and authority for a I see my colleague from Arizona, a nominee and the process they have long period of time. And this appoint- State where people on Medicare are been through, but I cannot remember a ment—this appointment—has enor- concerned, where we have many sen- time where blocking the nomination mous consequences in light of the pas- iors, a State with a Medicaid popu- took place—or announcement of pre- sage of the most sweeping overhaul of

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